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The Rule of Law, Freedom of Expression and Islamic Law

The Rule of Law, Freedom of Expression and Islamic Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781782257462
  • 出版时间 December 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509937462
¥1,116.25
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  • 描述 
  • 大纲 
  • 详细

    The importance of the rule of law is universally recognised and of fundamental value of most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of the rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both international and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

  • Part I: Introduction
    1. Introduction
    I. Opening Comments
    II. Scope of the Study
    III. Structure of the Book
    IV. Methodology and Literature Review

    Part II: Conceptualising the Rule of Law
    2. Examining the Meaning and Scope of the Rule of Law
    I. Introduction
    II. The Rule of Law in Western Philosophical Thinking
    III. Rule of Law and Non-Western Traditions
    IV. Rule of Law and Islamic Law
    V. Applicability of the Rule of Law at the Domestic and International Levels
    VI. Foundational Principles of the Rule of Law
    VII. Conclusions

    Part III: Rule of Law and Comparative Examination
    3. Islamic Law, the Sharia and the Rule of Law
    I. Introduction
    II. Origins of Islamic Law
    III. Development of Fiqh
    IV. Religion, Fiqh, Sharia and Law
    V. Law and Religion
    VI. Reviving the Sharia in Muslim Countries
    VII. An Islamic Perspective on the Rule of Law
    VIII. Conclusions
    4. The Rule of Law and International Law
    I. Introduction
    II. Application of the Rule of Law within International Law and International Organisations
    III. Rule of Law and Specific UN Organs
    IV. Rule of Law and the Organisation of Islamic Cooperation
    V. The Independent Commission on Human Rights (IPHRC)
    VI. The Arab League
    VII. The Association of Southeast Asian Nations (ASEAN)
    VIII. Conclusions

    Part IV: The Sharia and Islamic Law: Rule of Law and the Application of Freedom of Expression
    5. Islamic Law and Freedom of Expression
    I. Introduction
    II. Challenges in Modern Muslim State Practices and in Muslim Communities
    III. Freedom of Expression in the Quran
    IV. Apostasy and Blasphemy in the Quran
    V. Consultation (Shura)
    VI. Freedom of Expression in the Sunna
    VII. Freedom of Expression in the Fiqh
    VIII. Legal Restrictions on Freedom of Expression
    IX. Conclusions
    6. Freedom of Expression and Freedom of Religion: Conflict or Convergence?
    I. Introduction
    II. The Nexus between Freedom of Expression and Freedom of Religion
    III. Freedom of Expression, Democracy and Government
    IV. Challenges and Potential Conflicts with the Right to Freedom of Religion or Belief
    V. The Boundaries of Freedom of Expression, Freedom of Religion or Belief and Anti-blasphemy Laws
    VI. Applicability and Impact of Blasphemy: The Case of Pakistan
    VII. Rationale behind Anti-blasphemy Laws
    VIII. Natural Justice, Rule of Law and the Crime of Blaspheming
    IX. Anti-blasphemy Laws and Religiously Motivated Violence and Intolerance
    X. Conclusions
    7. Islamic Law, International Dimensions in Freedom of Expression
    I. Introduction
    II. Freedom of Expression and the Evolution of the OIC
    III. Countering and Combating ‘Defamation of Religions’
    IV. Resolution 16/18 and Beyond
    V. The ‘Istanbul Process’: Limitations and Shortcomings
    VI. Rabat Plan of Action
    VII. OIC Agenda and the Future of Freedom of Expression
    VIII. Conclusions

    Part V: Conclusions
    8. Concluding Reflections
    I. Future Perspectives on Islamic Law, the Rule of Law and Freedom of Expression
    II. International Obligations and the Future Direction of the Right to Freedom of Expression
    III. International Human Rights Law and Permissible Limits to Freedom of Expression
    IV. Freedom of Expression and Freedom of Religion"

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