Freedom of expression is the right to communicate one’s opinions and ideas to the world using any medium whatsoever.
Freedom of expression is indispensable for a just society. This Right is the first defense of an individual against oppression, tyranny and injustice. In addition, freedom of expression is absolutely necessary for dvancement of science and Without freedom of expression the world would not have made the progress it has.
Scientists, Thinkers, Doctors and Engineers et al would have faced sanctions which Galileo faced when he challenged the Christian geocentric doctrine that the earth was the center of the universe and that all heavenly bodies revolved around We find that in history and in present day, just and healthy societies have given freedom of expression to its citizens; the unjust and dictatorial societies have forbidden this freedom and or placed hindrance on its exercise.
Indian Constitution says “Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers”. In US the fourth amendment of Bill of Rights gives people this right as well. Most countries of the world have similar rights in their In Islamic Law the Lawgiver i.e. Allah the Merciful, in the Quran and the tradition of Prophet Mohammed, peace be upon him, has given this freedom of expression to people. In Quran 3.110 it says “”….Ye are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in Allah.”” This Divine command of “Enjoining right; forbidding wrong” is the freedom of speech. In addition there are many other verses in Quran which give freedom of expression to people.
In the traditions (Sunnah) of Prophet Mohammed PBUH, the Prophet said “The greatest Jihad is a speech of truth in the presence of a tyrant ruler.” Related by Abu Dawud and Tirmidhi (RaheemAllah).
In another tradition the Prophet PBUH said “Whosoever of you sees an evil action, let him change it with his hand; and if he is not able to do so, then with his tongue (meaning to speak against it); and if he is not able to do so, then (condemn) it in his heart, and that is the weakest of faith””. Related by Muslim (RaheemAllah).
We see the application of this freedom by the successors of the Prophet pbuh. Both Abu Bakr Siddiq and Umar bin Khattab said in their acceptance speech “If I do wrong set me right”. Then Osman bin Affan and Ali ibn Abutalib followed this practice of giving freedom of expression to people without fear or hindrance.
(May Allah be pleased with them all)
Therefore, based upon these evidences, scholars have ruled that Freedom of Expression is permissible in Islam.
Now the most important question is this. Is the freedom of expression given in Islam and in secular constitutions of the world an unrestricted, unhindered, unregulated and everything- goes kind of freedom in which the individuals or groups can say, write or draw anything he pleases with no regard to the consequences of his actions?. The answer is “no it is most definitely not”.
Every responsible government in the world has taken steps to protect itself from unrestricted freedom of speech. Indeed the fount of authority is protected by various sedition laws.
In India this freedom of expression has these exceptions which cannot be violated. I. Security of the State; II. Friendly relations with foreign States; III. Public order; IV. Decency and morality; V. Contempt of court; VI. Defamation; VII. Incitement to an offence, and VIII. Sovereignty and integrity of India. Anybody who violates these laws is subject to sanctions by the State.
The Sedition Law of India stipulates a punishment of up to life imprisonment for those who “excite disaffection” against the state. In US the punishment is up to twenty years for Sedition. In UK for centuries if you called the Monarch, say tyrant, you will receive capital punishment. It’s only in twentieth century it was changed but sedition remains a serious offence.
Islam gives freedom of expression but it also places certain limitations on its exercise. The first and foremost is the fount of Authority, the person of the Noble Prophet Mohammed PBUH; there is universal consensus among the scholars of the law that the punishment for slandering or insulting the Noble Prophet PBUH is death. No other personality in Islam has this protection. It is based upon following precedents.
A blind companion (Sahabi) of the Prophet PBUH had a freed concubine who use to insult and revile the Prophet PBUH. In spite of repeated warning she wouldn’t stop. So one day the blind companion killed her. The case was brought to the Prophet pbuh for adjudication and thereupon the Prophet (peace and blessings of Allaah be upon him) ruled “Bear witness, there is no blood money due for her.”
(The blind companion was not charged). Related by An-Nasa’ee, 4081 and Abu There is another report which says that a Jewish woman used to revile and disparage the Prophet PBUH. A man strangled her until she died, and the
Messenger of Allaah PBUH declared that no recompense was payable for her blood. Related by Abu Dawood in al-Sunan (4362).
In addition Quran is condemning those who slander Allah the Most High and His Quran 6.93 “Who can be more wicked than one who inventeth a lie against Allah?” Consider the choice of words here. Allah swt is saying there is nothing more wicked then inventing a lie against Allah swt. Prophet Mohammed, peace and blessings of Allah be upon him, is Allah’s Messenger.
Qur’an (33:57) – “Lo! those who malign Allah and His messenger, Allah hath cursed them in this world and the Hereafter, and hath prepared for them the doom of the Like any responsible government Islam protects its core interests against slander and insults which lead to sedition. The person of the Prophet PBUH remains the fount of all authority in Islam (as the last and final Messenger of Allah) just as a lawful government remains the fount of authority in any country.
There are more mundane examples whereby restrictions are placed on Freedom of Expression in every society routinely. Would a school tolerate a student who insults and ridicules the teachers unrelentingly; would an employer tolerate an employee who insults, mocks and vilifies the manager; would military tolerate its officers being mocked or insulted by their subordinates. In a healthy society the answer to these is “No it wouldn’t tolerate”.
However it remains to be said, the scholars have ruled: The hudood punishment (Islamic laws stating the limits ordained by Allah and including the deterrent punishments for serious crimes) can only be carried out by the ruler or his deputy after due process of the law. Individuals do not have the right to exercise
vigilante justice willy-nilly.
Masih Siddiqi can be reached at mohdemes@yahoo.com