Islamic law and Freedom of Expression: Challenges and Prospects: Section I: The Rule of Law and Freedom of Expression in (Fiqh)

This section of the report summarises the previous reports discussion of the nature of law and the rule of law under Islamic law as well as the concept of freedom of expression and opinion within the Islamic jurisprudence (Fiqh). In the previous reports, particularly in the 2010 report, a number of very important aspects of Islamic law such as its sources, divine origin of the system, sacredness of certain principles, the principle of Ijtihad, and the relationship between Islamic law and state made law were discussed. One of the fundamental questions in relation to Islamic law is its compatibility, not with other legal systems, but with state made law within a Muslim country. In other words, how the law which is made by states in Muslim majority countries can be considered in relation to the framework of Islamic law. The rule of law principles could be better accommodated within the public laws of Muslim majority states if it was possible to reconcile the principles of Islamic law and modern state constitutions.