The Rule of Law and the Islamic Legal System: First Report

The 'rule of law' has increasingly gained attention as an important concept - together with human rights and democracy - for achieving peace, justice and security at the national and the international levels. Within international law, and more specifically within the United Nations, there is a broad consensus on the need to establish and promote the rule of law. The UN Secretary-General's Five Year Action Agenda. released on the 25 January 2012, emphasises the need to scale up the UN capacity and support in some key areas, including the rule of law, human rights and peace building as a means to prevent violent conflicts. As discussed in the 2010 ILA Report of the Islamic Law and International Law
Committee, the rule of law is highly valued. It has been described as the ''rule of God and intelligence," a "pillar of the modern world," a "hallmark of all liberal societies,"
and "synonymous with the maintenance of civilized existence." However, there is still no clear understanding about what the term 'rule of law' actually means. It has to be noted that there is a different understanding of the concept in civil law and in common law traditions, as well as differences in the experiences and legal cultures of regions and countries, such as in Eastern Europe, South East Asia, Latin America and the Middle East.