1-Revised Preface-Introduction to the study PhD Thesis

(A COMPARATIVE STUDY)

PhD Thesis Islamic Studies (Session: 2011-16)

Institute of Islamic Studies

University of the Punjab, Lahore

(April, 2016 AD/ Rajab, 1437AH)

Submitted By

Riaz Ahmad Roll No. 03-11

Supervised By

Dr. Ghulam Ali Khan Professor

FREEDOM OF EXPRESSION IN ISLAMIC AND

CONTEMPORARY WESTERN THOUGHT

Acknowledgement

First of all, I am extremely thankful to Almighty Allah, Who blessed and helped

me to complete this significant and hard task. Then, I offer uncounted prayers to the

highly respected and most beloved Prophet of Allah, Ḥaḍrat Muhammad ملسو هيلع هللا ىلص, whose

universal teachings led the humanity from darkness to the light.

I am very thankful to the respected teacher and honorable supervisor Professor

Dr. Ghulām ‘Alī Khan, who guided me very well in my academic research and with the

help of his guidance, I became able to complete this research work in time.

I am also grateful to all my teachers, especially, Prof. Dr. Ṭāhira Bashārat, Prof. Dr.

Muhammad Sa‘ad Ṣiddīqī, Prof. Dr. Muhammad Ḥammād Lakhavī, Prof. Dr. Mahmūd

Akhtar, Prof. Dr. Umar Ali Khan, Dr. AG Bukhari, Dr. Ṭahir Mahmud, Dr. Muhammad Amin,

Dr. M Mudassir Ali, Dr. Qaisar Shehzad, Dr. AM Leghari, Dr. Bilāl Aḥmad Qureshi, Dr. GM

Lodhi, Dr. Zahid Iqbal, and many others who helped me with their scholarly inputs.

I am thankful to the administration of Dr. Ḥamīdullah Library, International

Islamic University Library, Punjab University Library, National Library, IPS Library,

Punjab Public Library, Diyāl Singh Library, HEC Digital Library ,especially to Mr. Arshad

Mahmud , Mr. Laeeq Ahmad and Sir Zafar Husain , Isrā’ University Library Islamabad.

I am also thankful to my helpers and fellows, especially, Dr. Irfān Shahzād, Mr.

Ṭāhir Naẓīr, Ziaullah Advocate, Prof. Hāmid Mumtāz, Prof. Toqīr Husain, Prof. Maẓhar ul

Ḥaq Lone , Prof. Qāzī Zia ul-Ḥaq, Prof. ‘Abdussattār Bhattī , Syeda Sādia, Mr. Qasim Hafiz,

.Mr. Jmail Akhtar, Mr. Muhammad Afzal, Mr. Muhammad Nadeem and other respected

colleagues. They consistently encouraged me to complete my research work in time.

Obviously, I cannot forget my family, especially my life partner and my cute

children, who sacrificed a lot for my due attention and assisted me by providing me with

sufficient time and comfortable environment for the completion of my research work.

May Allah bless them and grant them better rewards in bounties of both the worlds. Ᾱmīn!

V

Transliteration Table

VI

Table of Contents

No. Main Contents Page

I: Abstract of the Thesis X

II: Preface : Introduction to the Study 2

0.1.Historical Background 3

0.2.Freedom of Speech from Islamic Perspective 7

0.2.1.Importance of Freedom of Speech in Islamic Perspective 10

0.3.Freedom of Expression from Western Context 14

0.3.1.Significance of Freedom of Expression in Western Context 20

0.4.Absolute freedom as Major Conflicting Issue between Islam and West 23

05. Synopsis of the Research 27

0.5.1Research Question 27

0.5.2.Reserch Objectives 27

0.5.3.Research Methodology 27

0.5.4.Review of the Literature 28

0.5.5.Structure of the Research 30

0.5.6.Limititions of the Research 31

III: Chapter .1:Freedom of Expression: Meanings and Concepts 32

1.1.Freedom of Speech from Islamic Perspective 33

1.1.1.Meaning of Freedom of Expression 33

1.1.2.Definition of Freedom of Speech in Islamic thought 35

1.2.Main Areas of Freedom of Expression from Islamic context 37

1.2.1.Freedom of Religion 38

1.2.2.Freedom of Thought 40

1.2.3.Freedom of Association 41

1.2.4.Freedom of Consultation 44

1.2.5.Freedom of Writings 46

1.2.6.Freedom of Discussion 47

1.2.7.Freedom of Knowledge 49

1.2.8.Freedom of Criticism 50

1.3.Freedom of Expression from Western Context 52

1.3.1.Meaning of the Freedom and Expression 53

VII

1.3.2..Definition of the Freedom of Expression 54

1.4.Major Western Aspects of Free Expression 56

1.4.1.Freedom of Religion and Beliefs 57

1.4.2.Freedom of Speech and Discussion 60

1.4.3.Freedom of Thought and Conscience 62

1.4.4.Freedom of Assembly and Association 65

1.4.5.Freedom of the Press and Information 67

1.4.7.Academic or Intellectual Freedom 69

1.4.8.Freedom of Criticism 71

1.4.9.Freedom of Consultation (Voting) 73

1.5.Comparison of Islamic and Western Freedom of Expression 77

IV: Chapter 2: Limits of Free Speech in Islamic & Western Perspectives 90

2.1.Princiles and Limits of Freedom of Speech in Islamic Sharī„ah 92

2.1.1.To adopt Fair and true Speaking 93

2.1.2. To avoid telling False and Lies 95

2.1.3.Not to make Fun of others (Mocking) 96

2.1.4.To avoid Defamation and Sarcasm 98

2.1.5.To evade the Blasphemous Speech 99

2.1.6. Concealing of Truth is Forbidden 101

2.1.7. To verify News before theirs Spread 102

2.1.8. To Circumvent Spread of Evils 104

2.1.9. To evade exposing Personal Weakness 106

2.1.10. Prohibition of Libel (Qadhaf, Buhtān and Iftirā etc.) 108

2.1.11. Forbidding Backbiting, Suspicion and Derision 110

2.1.12.To shun Acrimony and Squabbling ( Jadal & Khaṣūmah) 112

2.2.Limits of Freedom of Expression in the Western Legislation 115

2.2.1.Defamation 116

2.2.2.Religious Blasphemy 119

2.2.3.Hate Speech (Racism and Xenophobia) 126

2.2.4.National Interests and Freedom of Speech 131

2.2.5.Privacy and Freedom of Expression and Speech 134

2.2.6. The Contempt of Court and Freedom of Speech 136

2.3.Comparison of Free Speech in Islamic and Western Contexts 141

VIII

V: Chapter 3: Islamic & Western Approaches to Freedom of Speech 157

3.1.Contemporary Islamic Approaches to Freedom of Speech 160

3.1.1.The Traditionalist Approach 163

3.1.2.The Modernist Islamic Approach 165

3.1.3.The Revivalist Islamic Approach 182

3.2. Contemporary Western Approaches to Freedom of Speech 200

3.2.1.The Conservative Western Approach 201

3.2.2.The Modern or Liberal Approach 205

3.2.3.The Post Modern or Radical Approach 215

3.3.Comparison of Islamic and Western Approaches on Freedom 220

VI: Chapter 4:Impacts of Islamic and Western Freedom on Society 230

4.1.Impacts of Islamic Freedom of Expression 232

4.1.1.Political Impacts of the Islamic Freedom 234

4.1.2.Social Impacts of the Islamic Freedom 246

4.1.3.Religious Impacts of the Islamic Freedom 253

4.2.Impacts of Western Freedom of Speech 263

4.2.1.Political Impacts of the Western Liberty 265

4.2.2.Social Impacts of the Western Freedom 276

4.2.3.Moral Impacts the Western Liberty 286

4.3.Comparison of Islamic and Western Impacts of Freedom 294

VII: Findings: Conclusions and Recommendations 303

Conclusions 304

Recommendations 305

VIII: End Notes : Bibliography of Thesis 307

IX

List of Abbreviations

Sr. No. Term Detail of Abbreviations

1. ACHPR African Commission for Human and People‟s Rights

2. ACHRA Australian Council for Human Rights Authorities

3. AL Arab League

4. BBC British Broadcasting Corporation

5. CDHR Cairo Declaration of Human Rights

6. CJS Corpus Juris Secundum

7. DRMC Declaration of the Rights of Man and Citizens

8. ECHR European Commission for Human Rights

9. EUC European Union Commission

10. EU European Union

11. EUMC European Union Monitoring Centre for Racism and Xenophobia

12. EUP European Union Parliament

13. FDR French Declaration of Rights

14. IBS International Bible Society

15. ICCPR International Convention on Civil and Political Rights

16. ICERD International Convention on Elimination of Racial Discriminations

17. IDHR Islamic Declaration of Human Rights

18. IHEU International Humanist and Ethical Union

19. LOT Law of Tort

20. MWL Muslim World League

21. NGOs Non-Governmental Organizations

22. NT New Testament

23. NYLR New York Law Review

24. NZBORA New Zealand Bill of Rights Act

25. OIC Organization of Islamic Countries

26. OT Old Testament

27. PBUH Peace be up on him

28. SPAFT The Statement of Principles of Academic Freedom and Tenure

29. UDC Universal Declaration on Democracy

30. UDHR United Nation Declaration of Human Rights

31. UKBR UK Bill of Rights

32. UNO United Nation Organization

33. USBR United States Bill of Rights

X

Abstract

Freedom of expression is considered as one of the most throbbing issues of the

contemporary sociopolitical and socioeconomic global scenario. Accordingly, all modern

constitutions, organizations and charters including, ECHR, UDHR and IDHR promote and

give it much importance. However, Islamic and Western thoughts have some swear variances

on this significant issue. It is observed that the modern Western thought is the representative

and advocate of absolute freedom of expression. Contrary to this, Islamic thought accepts

and grants freedom of speech, but binds this important right with some moral, social and

religious values. Islam considers freedom of thought and expression as a fundamental human

right because it appeals human sociology and nature. From an Islamic perspective, freedom

of speech is not only a right but also an absolute duty of a Muslim. According to Islamic

standpoint, Allah (God) grants this right of free speech due to human dignity, honor and free

thinking. Moreover, Islamic concept about freedom of speech has some limits to save the

society from its negative impacts, i.e. harming to others, defamation, chaos and conflict, etc.

It is also noticed that the lenient international laws about religious defamation and hate

speech are the basic hurdles to eradicate religious blasphemy and hatred speech. For

instance, different articles of the ICCPR, UDHR and ECHR advocate maximum liberty of

expression without strong limitations and reasonable interference. Therefore, these legal

constraints and parameters are insufficient in this regard because the freedom of speech is

unlimited and legal restrictions are either partial or nonexistent. Moreover, it is not easy to

prove them on local and international forums. In spite of the presence of laws, the so-called

racial discrimination and religious blasphemy have become the most dangerous and lethal

weapon against minorities in the West, especially, against Islamic values and the Muslim

community (Ummāh). Thus, the blasphemy of the Prophet of Islam ملسو هيلع هللا ىلصhas becomes a

fashion under the banner of freedom of speech. Lack of international laws about religious

defamation is major root cause of this new trend. That is why; majority of Muslim and small

number of Western scholars consider it in association with the historical rivalry between

Islam and the Western world. This study presents an account of analysis on the issues of

freedom of expression and speech from the contemporary Islamic and Western perspectives.

This study conveys that the absolute right of freedom of speech has a strong association with

religious defamation, Islamophobia and blasphemy. As well as, Modern international laws

are inadequate to illuminate these hostile activities up till now.

.

Preface

Introduction to the Study

2 Preface: Introduction to the Study

Introduction to the Study

Freedom of speech is reflected as one of the most vibrant and burning issues in the

contemporary sociopolitical global context. No sphere of life is free from its influence and

consequences, due to its significance and controversy. Therefore, Freedom of expression is

legally protected and defined in almost all of the Western countries. Consequently,

Constitution of every Western state grants, defines and protects it; “The Constitution

provides all the rights to express their opinions freely through discussions, writings, and

other ways of communications”.1 Thus, commonly, the term freedom of expression and

speech means; “Freedom of speech and expression means the right to express one‟s own

convictions and opinions freely by words of mouth, writings, printing, pictures or any other

mode”.2 But, in Islamic context, it is defined as; “Freedom of expression means the right of

an individual to prefer the stances about certain public or private issues and express them

before others avoiding any evil when it is obscene, immoral or harmful”.3 The Islamic

definition even differentiates it from the Western thought. The Islamic freedom bounds it

with moral, ethical and social bounders as well as legal on but the Western freedom only

bounded it with legal authority with strict conditions.

All modern constitutions and organizations including the UNO and OIC are

promoting and providing it with deep eye of interest and importance. Therefore, majority of

the Western scholars observe; “Freedom of speech is a fundamental human right in the

modern democratic societies, and it has meticulous importance in relation to the proper

performance of the constitutional democratic procedure”.4This freedom including many other

liberties is part of all constitution of the modern world. Even the third world and most poor

countries of the Africa and Asia are also compelled to include it in their legal discourse and

constitution by hook or by crook, by their own choice or compulsion from the Western world

and international authorities. May it be possible of not being their first choice but according

to international regulatory bodies and authorities it is compulsory. For example a poorest

country of Africa which has no sufficient food and shelter for their people but he is necessary

to adopt and grant freedom of expression, speech ,press and other civil liberties and rights to

their people. Although it is illogic but according to Western point of view these things are

more necessary from fundamental needs (Functional Prerequisites). Therefore, I hopefully

1Giuseppe Franco Ferrari (ed.), Introduction to Italian Public Law (Roma: Giuffre Editor, 2008), 266.

2Rev. M. Stephen, Human Rights: Concepts and Perspectives (Delhi: Concept Publishing Co., 2002), 104.

3Bhat, „Alī Muhammad, “Freedom of Expressing from an Islamic Perspective”, Journal of Media and

Communication Studies 6:5 (2014):69-77. 4Jack Beatson, Freedom of expression and freedom of information (UK: Oxford University Press, 2000), 17.

3

Preface: Introduction to the Study

s

think this study, entitled; “Freedom of Expression in Islamic and Contemporary5 Western

Thought: A Comparative and Analytical Study” will proved to be a beneficial contribution

for new research and knowledge in its specific domain.

0.1. Historical Background:

In Islamic context freedom of expression is a little bit new term but this concept is not

new in Islam at all. Islamic teachings consider it as a right and duty both at a time. Basic

sources of the Freedom of expression and speech in Islam are based on Quran, Hadith, Sīrah

and Islamic jurisprudence (Fiqh). Actually, this concept was derived from the Holy Quran

and Hadith of the Prophet (ملسو هيلع هللا ىلص). This concept is mature as 1400 years from start of the Final

Prophesy of Prophet ملسو هيلع هللا ىلص. Islam considers the freedom of thought and expression as a

fundamental human right and basic social requirement of human being from its beginning.

Many verses of the Quran and Aḥādīth of the Prophet (ملسو هيلع هللا ىلص) describe the right of free

expression. Islamic teachings mention important areas, objectives, limitations and principles

for freedom of expression. In Islamic point of view, freedom of speech is not only a right, but

sometimes it becomes an ultimate duty of a Muslim. Allah Almighty awards the freedom of

expression to human beings due to its dignity, honor and to discover the truth. In Islamic

perspective6, the concept and tradition of freedom of speech has been contracted since the

beginning of the history of Islam. The Holy Quran7, the Aḥādīth

8 of the Prophet ملسو هيلع هللا ىلص), Fiqh

(Islamic Jurisprudence) and Islamic history is the eyewitness of this imperative human right

liberty. In this respect, the latest development in the Islamic concept of freedom of speech in

the Muslim world under the OIC is the Cairo Declaration of Human Rights (CDHR9), which

is also called Islamic Declaration of Human Rights. It focuses on freedom of speech in a way;

“Everyone shall have the right to express his opinion freely in such a manner

as would not be contrary to the principles of the Sharī„ah (Islamic Law)”.10

5Contemporary Era: Western thought actually started after the Renaissance movement, the modern era of the

Western thought started from beginning of the 19th

century and the contemporary or postmodern era is counted

from the end of the 20th

century. This research consists of the Modern and the postmodern era. 6Islamic Perspective: It means the teachings of Islam including the Holy Quran, Aḥādīth (Sayings) of the

prophet (ملسو هيلع هللا ىلص), Fiqh, Islamic history and the interpretations of the prominent Islamic scholars. 7The Holy Quran: The Holy Quran, (English Translation and commentary by „Abdullah Yūsuf „Alī),

(Islamabad: Da„wah Academy, International Islamic University, 2004) and Meaning of the Nobel Quran, (Dr.

Mushin Khan) (Madīnah: Shāh Fahd International Quran Printing Complex, KSA). 8The Ahādīth: Sayings of the Prophet Muhammad ملسو هيلع هللا ىلص.For English translation of the Ahādīth of Siḥāḥ Sittah,

we used the English translation and English Hadīth numbering of Maktaba Darussalam. In other Ahātdīth we

used Arabic text and Arabic Hadīth numbering with self-translation from Maktbah Shāmila. 9CDHR: It stands for Cairo Declaration of Human Rights which was declared by the Muslim scholars of the

Organization of Islamic Countries (OIC) at Cairo in 1990. Major rights are same as were in mentioned in UDHR

but some useful amendments was suggested in UDHR with special reference to Shrī‟ah. 10

http://www.oic-oci.org/english/article/human.htm/Accessed: 29/1/2016.

http://www.oic-oci.org/english/article/human.htm/

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It is a historical fact that Islam addresses all faiths and invites them to the dialogue for

peace and preaching. Therefore it is Islamic tradition that Muslims have been studying other

religions, thoughts and civilization since the advent of Islam. We should not forget it, that

Islam basically is a religion of reasoning (Dalīl), preaching (Da„wah) and mutual cooperation

(al-T„āwûn al-Ijtimā‟ī). We have many examples and models of it in its primary sources, like

the Nobel Quran and Ḥadīth of the Prophet Muhammad ملسو هيلع هللا ىلص and as well as included in

secondary sources like; Fiqh (Ijm‟a and Qiyās), Ijtehād, history and the classical Islamic

literature. One of the most vital primary sources of the Islamic thought, the Holy Quran

commands to initiate dialogue among faiths and civilizations for mutual understanding, peace

and stability. Almighty Allah recommends dialogue with People of the Book (also with other

faiths and communities) in the Holy Quran in a most likely approach;

“Say (O Prophet ملسو هيلع هللا ىلص)! O people of the Scripture; Come to a word that is just

between us and you, that we worship none but Allah”.11

To support the spirit of interfaith dialogue on behalf of this verse of the Holy Quran, Muṣṭafā

Kāsim comments, “Undoubtedly, this verse of the Quran orders the Prophet of Islam ملسو هيلع هللا ىلص

and as well as the Muslims believers are recommended to institute relations with the People

of the Book (Ahl al-Kitāb) and to connect around common issues. In a manner, it illustrates a

basic structure for dialogue”.12

The charter of Madīnah (Mīthāq-e-Madīnah13

) is a social

contract between different communities and provides all kinds of religious and social rights

without racial, social and religious bondage. Here, prof. Dr. Muhammad „Ammārah writes;

“The Charter of Madīnah, by which Muhammad ملسو هيلع هللا ىلص is recognized as the head of

the state provides the constitution of the city-state of Madīnah, is characterized by

pluralism and liberty, relatively different from the nation-states which are fabricated

around an ethnic and linguistic society. It arranges the standard of communal

liability of the (multiethnic) groups”.14

11

Sūrah Āle-„Imrān 3:64. 12

Mustfā Kāsim and Ahmet Krucān, Dialogue in Islam: Quran, Sunnah and History (London: The Dialogue

Society,2012),35. 13

Mithāq-e-Madīnah: Mithāq-e-Madīnah (The Charter of Madīnah) was a historical peace charter between

Muslims and the other communities, especially, with Jews of Madīnah by the prophet of Islam Muhammad

This charter is considered as the constitution of Madīnah. This charter has some fundamental rights and.ملسو هيلع هللا ىلص

duties. According to the Islamic scholars this is the first written constitution of the world. 14

Muhammad „Ammārah, Islam and Human Rights; Prerequisites Necessities or Mere Rights (Rabat: Islamic

Economic Social Cooperative Organization, 1996), 132.

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Mīthāq-e-Madīnah is the oldest written constitution of the world. Due to its features

and importance it is measured as a global charter for peace, prosperity and pluralism.

Muslims, due to their faith and social approach to humanity, have a historical record to

contribute positively in any global effort to protect or manage the humanity. Hence, a leading

Islamic scholar Professor Dr. Fathī Muhammad 'Othmān rightly observes; “Muslims then, as

a result of their faith in One God and in the accountability of every human being, approve and

support any national or universal effort which secures that no human individual, group or

power is considered to be insecure”.15

Therefore, the Islamic call for human peace,

prosperity, cooperation and development and social justice has been opened throughout the

history since its foundations. Dr. Suleiman al-Hagīl remarks; “The call for peace among

people and nations, unless they wage war against Muslims or attempt to displace the Muslims

from their homelands, as well as, the religion Islam has adopted the word peace and peaceful

coexistence for greetings among the people during routine social and communal interaction;

the same word is used to finish each prayer”.16

Therefore, the Book of Allah commands

Muslims to adopt peace;

“O believers! Enter into Islam whole and do not follow the path of Satan”.17

Furthermore, most relevant to this verse of the Holy Quran the Nobel judgment of the Kind

Prophet ملسو هيلع هللا ىلص stated about peace and Muslim conduct towards peace. The Wise Prophet said;

“Hadhrat Abu Hurairah (RA) Narrated: that the Messenger of Allah (ملسو هيلع هللا ىلص)

said: The Muslim is the one from (the harm of) whose tongue and hand (other)

Muslims are safe, and the believer is the one with whom the people trust their

blood and their wealth”.18

This and many other verse of the Nobel Quran and several wise Ahādīth of the Holy Prophet

frequently stats about importance and significant of peace for Muslim believers as ملسو هيلع هللا ىلص

individual and collective responsibility. AS well as Islamic parameters of communication

also guides us about peace and peaceful coexistence in this multiethnic world.

Contrary to this, in the Western context the concept of freedom of expression was

introduced after the era of reformation and renaissance movement when western thought get

boom by technological and industrial revolution. At that time, side by side the sociopolitical

15

www.usc.edu/schools/issues/Human_Rights_in_the_Contemporary/Accessed:30/1/2016. 16

Al-Hagīl , Muhammad Suleiman, Human Rights in Islam (Riyadh: HRH Publications, 1999), 42. 17

Sūrah al-Baqarah 2:208. 18

Tirmidhī, Muhammad bin „Īsā, Jām„al-Tirmidhī (Riyadh: Darussalam, 2007), Hadith no. 2627.

http://www.usc.edu/schools/issues/Human_Rights_in_the_Contemporary/Accessed

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and socioeconomic ideas and theories also was established and developed in the European

countries. Basically it was the renaissance and reconstruction of knowledge in the Western

world. The historians and Western scholars consider it the foundations of modern western

thought. This era is also measured as culminations of human thought and civilization from

finite to absolute liberties and rights. Definitely, it was the dynamic change in the western

society because the western world was trying to get ride from Church sanctions at all under

the banner of freedom in every sphere of life. According to Western historical evidence;

“The intellectual and social movement which was to dispel the darkness of the

Middle Ages and prepare the way for those who would ultimately deliver

reason from her prison, began in Italy (the Western Europe) in the thirteenth

century……….The individual began to feel his separate individuality, to be

conscious of his own value as a person apart from his race or country; and the

world around him began to emerge from the mists of mediaeval dreams”.19

The above statement tells this core fact that the concept and practice of freedom of

speech and liberty is not an oldest concept in the Western perspective. It is frequently stated

that the concept of liberty in the West is established in 13th

century after era of renaissance

and movement of reformation. As well as it is observed that this concept has no validity that

the Western world is pioneer and founders of the fundamental human rights and liberties

specially the right to free speech. Here a renowned Islamic scholar of twentieth century Syed

Mawdūdī rightly argued about this so called claim:

It is vociferously claimed that the world got the concept of basic human rights

(including freedom of speech) from the Magna Carta of Britain; though the

Magna Carta itself came into existence six hundred years after the advent of

Islam. But the truth of the matter is that until the seventeenth century no one

even knew that the Magna Carta contained the principles of Trial by Jury;

Habeas Corpus, and the Control of Parliament on the Right of Taxation”.20

Furthermore, it is also not more than a myth that Magna Carta is foundation of human rights

and liberties in the western world. There are two major objections about Magna Carta in case

of the fundamental documents of freedom and rights because the last sermon of the Holy

Prophet ملسو هيلع هللا ىلص was delivered in 620 AD/10 AH which the most important document of the

human rights. Consequently, the Charter of Magna Carta and this Sermon has 600 years of

difference. Moreover, Magna Carta was not a human rights document in its original form. It

19

Burry, JB, A history of Freedom of Thought, (USA: Cambridge University Press, 1913), 71. 20

Mawdūdī, Syed, Abū al „Ala , Human Rights in Islam, ( London: The Islamic Foundation ,1980), 31.

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was just a deal of mutual interests between barons and the British king. Thus, a renowned

Western scholar Hanry Marsh speaks about this deal rightly; “The Magna Carta was no more

rather than a charter of landlords and Funerals”.21

So,

it is perceived from the above debate

that the concept of liberties and rights in Islam are older than modern west. Moreover, the

history of liberties and rights in the west is not a soft and clean but it has some harsh and

swear memories of clash and conflict and cashes. They get liberty and rights after long and

tough efforts. So they do not ready to agree to comprise on their secular rights and liberties.

0.2. Freedom of Speech from Islamic Perspective:

According to the Islamic teachings, the right of freedom of expression is not due to

any struggle or historical incident, but Allah Almighty grants all rights and freedoms alone as

a unique gift to humanity to acknowledge their dignity and their capacity to search for truth.

Moreover, In Islamic perception, the first prominent source of this fundamental human right

is the divine revelation (Waḥī). The last Prophet Mohammad (ملسو هيلع هللا ىلص) explained it by his

sayings (Aḥādīth) and actions (Sunnah). Professor „Abdul Jabbār Shākir truly argues; “Islam

grants all reasonable rights and liberties to human being without any historical struggle and

efforts as compared to the modern West”.22

As well as Freedoms, liberties and human rights

are not sole right and property of the west, but Islam provides these rights and liberties since

its foundation. Professor Khurshīd Aḥmad says; “It is not a firm claim or solid argument, but

just like a joke that the contemporary west is trying to become the sole proprietor of the

human rights and civil liberties, while Islam granted these rights and freedoms fourteen

hundred years ago”.23

The age of caliphate was the model era of all kinds of Islamic liberties

and fundamental rights. Therefore, Sheikh Ḥāmid Anṣārī comments likely;

“Ḥaḍrat „Umar‟s (RA) era was the excellent period for freedom of expression and

freedom of speech. It is his routine approach that he called people in Masjid of

the Prophet Muhammad ملسو هيلع هللا ىلص, when an important issue occurred. Every person

freely expressed his opinion in front of the Khalīfah (The Head). Also, He

incorporated the spirit of common consultation in the Islamic Government”.24

Numerous historical evidences show that the concept and practice of freedom of

consultation and thought which is a fundamental part of freedom of speech, expression and

criticism in the Islamic state and society are found since the early ages of Islam. It is also a

21

Henry Marsh, Documents of Liberty (UK: MW Books, 1971), 51. 22

Shākir, „Abdul Jabbār, “Tohīn-e-Risālat aur Maghrib”, Mahnāmah Da„wah 14:11(2008(:3-13. 23

Khurshīd Aḥmad, “Secular Democratic Rights and Blasphemous Caricatures”, Policy Perspectives 7:2

(2010):20-53. 24

Anṣārī , Mawlānā Ḥāmid, Islam kā Niẓām-e-Ḥukūmat (Lahore: al-Faisal Publishers, n. d.),112.

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notable point that Islam grants these rights and liberties without any human efforts and

struggle. Therefore, these rights and liberties are permanent and no power can alter or

terminate them. Hence, Isrār-ul-Haq rightly observes, “The human rights and civil liberties in

Islam are granted by Allah; these rights and liberties are not granted by any state or society.

Therefore, no state or society, king or assembly, can prevent or eliminate them ultimately”.25

It is also from the great distinctiveness of Islam that Islam awards not only freedom and

rights for human dignity, respect and physical survival but as well as, to search the truth and,

social justice and for common goods. Therefore, as a point of its distinction Fathī Muhammad

Othmān rightly comments;

“In Islam, the human being is not simply supposed to survive at the low level

of biological endurance, but to enjoy the dignity, universality, and good life

bestowed on him/her by Allah, and to grow all the human potentials, morally,

spiritually and academically, as well as physically”.26

In spite of it, the Western rights and freedoms are granted by man-made legislation, so

they can eliminate and prevent them or they shall allow absolute freedom, and in this way

they may harm the society. According to a scholarly comment; “Human rights are specific

entitlements of different types and spectrum that are enacted by the legislature, under certain

condition of thought, so as to practice by secular arrangements”.27

Thus, Islamic Rights and

liberties are not absolute, but have some reasonable moral, legal and social boundaries to

manage human oppressive behavior. Consequently, Islamic freedom of speech is not absolute

but responsible. Mr. Ghulām Hassan Malik writes likewise;

“It is necessary to put some reasonable limits and restrictions in a civilized

society on freedom of speech. So, in Islam, freedom of speech is not unlimited

but some reasonable legal, social and moral restrictions are imposed on it”.28

Moreover, the Islamic scholars have a consensus on this issue that the absolute

freedom of expression is not possible anywhere and if provided it will create conflict and

anarchy in the society. Islam grants liberties to a person with this responsibility that he may

not harm any other person. Dr. Anwar al-Jundī says, “Islam by granting liberties to people

put a duty that they will not harm or abuse other members of the society”.29

Accordingly,

Islam understands that the absolute freedoms are not beneficial for human beings, but they

25

Isrār-ul-Ḥaq, Islam Aur Magharib kā Taṣādum (Lahore: Bait-ul-Ḥikmat, 2007), 133. 26

Fathī, Human Rights in Contemporary World; Problems for Muslims and Others, 3. 27

Aṭṭiyah Naīm, Contribution in the General Theory of Freedoms (Cairo: Dār al Ghowmīyah, n. d.), 161. 28

Malik, Ghulām Hassan, “Islam aur Āzādī-e-Iẓhār”, Monthly Da„wah 14:11(2008):50-55. 29

Jundī, M. Anwar, Qaḍāyā al-„Aṣr wa al-Mushkilāt al-Fikr fī Zaw al-Islam (Beirut: Dār al-Fikr, 1984), 177.

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can harm and damage the society. Mawlānā Mawdūdī argues, “The absolute right to freedom

of expression can be harmful and destructive for ethical and moral values of the society and

no law of any civilized society can bear it”.30

Accordingly, it rules out reliable moral, legal

and social restrictions, which are meant to save the society from chaos and turmoil. In the

Islamic context, the scholars count different approaches and their impacts on freedom of

expression and other fundamental rights and liberties.

In Islamic context, there are three major approaches concerning to the freedom of

speech, expression, thought and other modern issues and views. A leading contemporary

Western scholar, John Esposito writes, “The Muslim response to encounter the Western

social, political, economic and civilizational threat can be divided into three major categories;

1- Rejection and Withdrawal, 2- Secularism and Westernization and 3- Islamic Modernism

(Renaissance)”.31

The first one is isolated traditional approach, which has limited trend

towards freedoms and other modern Western challenges. It is basically adopted from the

traditional Muslim „Ulamā‟ to save the Islamic tradition or Sharī„ah, especially, in the

subcontinent of India against Western challenges of modernity. The second one is liberal or

modernist approach which has maximum trend of freedom to promote the Western point of

view. It is actually a deliberate effort to promote the Western culture and values in Muslim

societies in the name of modernity and liberty. Prof. Khurshīd Aḥmad says to this approach;

“Muslim enlightened moderation was a premeditated attempt to promote

Western liberalism and secularism in the Muslim societies. As a result the

traditional grip on society went weakened; a kind of vacuum created but there

was no leadership to appear to fill this space. Therefore, the exploitation of

Muslim public in the third world countries has become a routine matter”.32

The third most significant approach is the midst one, is called revivalist Muslim approach.

This is the representative and competitive Islamic approach to counter down Western thought

and civilization. This approach is the representative of the rational and responsible freedom

of expression and speech. It does not ban freedom of speech as a fundamental human right,

and civil liberty, but demands some realistic legal, social and moral restrictions to save the

society from any uproar. This approach is actually a practical encounter and cure of the

Western thought, civilization and its notorious impacts on Muslim society.

30

Mawdūdī, Syed Abū al-a„lā, Khilāfat-o-Malūkīyyat (Lahore: Idāra Tarjumān al-Quran, 1999), 261. 31

John L Esposito, The Islamic Threat Myth or Reality (New York: Oxford University Press, 1993), 53. 32

Khurshīd Aḥmad, America: Aur Muslim Dunyā kī Bay Iṭminānī (Islamabad: IPS, 2003), 59.

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0.2.1. Importance of Freedom of Speech in Islamic Context:

Freedom of expression and speech is considered as a fundamental human right in the modern

sociopolitical scenario. Therefore, in contemporary Islamic and Western perspectives, it has

become one of the most burning issues of the global world. As well as, due to its importance

and controversial nature, it has become one of the most significant and hot issues of the

traditional societies and politics. It is an interesting and valuable point that the freedom of

speech and expression in itself has no value and significance, but its objectives and aims and

goals and purpose makes it good or bad. It means simply the term and concept of free speech

is not most important but its objectives and goals make it valuable. According to a renowned

Western scholar Fish Stanley comments on right to free speech in a most likely way;

“Free expression could only be a primary value, if what you are valuing it as

right to make noise, it is not acceptable; sooner or later you come to that point,

when you decide that some forms of speech should not accepted further but

endanger that purpose of freedom of speech”.33

Many other scholars are seen to agree this concept that the freedom of expression and speech

can only become significant when it is spoken for its own objectives. Even a Western scholar

Wojciech Sadurski also states, “Freedom of speech would only be an important value if

speech were consequential”.34

It means if speech is irrelevant or insignificant then it has no

value for expression. Here, I will try to express the importance of freedom of speech in Islam.

I. Discovery of the Truth: The very first and foremost objective of free expression in Islam

is the discovery of the truth (al-Haq). Many of the Qurānic verses and Aḥādīth of the Prophet

guide us to this important aspect of Islamic freedom of expression. Here, Almighty (ملسو هيلع هللا ىلص)

Allah expresses this fact in this way;

“This, Our record, speaks about you in truth. Indeed, We were having

transcribed whatever you used to do”.35

The Holy Prophet Mohammad (ملسو هيلع هللا ىلص) also says about truth in his Hadith;

“The best form of Jihad is to express a word of truth in the front of a

tyrannical Ruler”.36

Moreover, the Messenger of Allah ملسو هيلع هللا ىلص commands to the

believers to adopt truth at all; “Speaks truth although it is unpleasant”.37

33

Stanley Fish, There is no such thing that as Free Speech: It is a Good Thing Too (New York: Oxford

University Press, 1994), 107. 34

Wojciech Sadurski, Freedom of Expression and its Limits (London: Kluwer Publishers, 1999), 7. 35

Sūrah al-Jāthiyyah 45:29.

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From above Nobel statements it is observed, the Search and discovery of truth in Islam are so

important that it goes to extremes. According to a leading Muslim scholar Muhammad

Hāshim Kamālī, “The basic commitment to truth (in Islam) is expressed in several verses of

the Qur‟ān. Al-Ḥaq (The truth) is the most beautiful name of Almighty Allah, as well as one

of the most important attribute of the Qur‟an”.38

Moreover, in Islamic perspective, freedom

of speech is allowed to find out the truth and if the truth is going to be damaged then the

freedom of speech can be restrained. Here, Professor Ali Muhammad Bhat articulates

likewise; “In Islamic legal terminology, freedom of expression is controlled only where the

failure to do so would result in harming the cause of truth and defaming other societies and

their sentiments”.39

From the above valuable discussion we can easily understand the

importance and validity of freedom of speech and expression in terms of Islamic teachings.

II. Honour of the Human Being: In Islamic viewpoint, the second vital reason for its

significance is human honour and dignity. As a renowned Malaysian scholar Prof. Dr.

Mohammad Hāshim Kamālī says, “Freedom of expression also compliments human dignity,

for the essence of character and personality is reflected in a person‟s opinion and

judgment”.40

A number of the Qurānic Verses and sacred Ᾱhādīth and Sunnah of the kind

Prophet ملسو هيلع هللا ىلص provide a roadmap to this important aspect of the freedom of expression from

Islamic perspective. Thus, Islam grants a special kind of dignity and respect to humanity.

Allah Almighty honors the human being many times in his sacred Book;

“We have honoured the sons of Adam; provided them with transport on land

and sea; given them for sustenance things good and pure; and conferred on

them special favors, above a great part of our creation”.41

The Prophet ملسو هيلع هللا ىلص states about human dignity as, “The blood, honor and property of a

Muslim are forbidden for every Muslim”.42

According to a modern Islamic scholar Dr. Ṭāhir-

ul-Qādarī views, “The concept of human rights in Islam consists of human dignity, honor and

equality of human beings”.43

In addition, Dr. Muhammad Hāshim Kamālī described about the

dignity of man in these words; “Dignity of a person is regarded as fundamental and

inalienable right, which is universal and essential for life. It has been evolved and subject to

36

Abū Dāwūd, Suleiman bin al-Ashath, Sunnan Abū Dāwūd (Riyadh: Darussalam, 2008), Ḥadīth no.4334. 37

Bahaqī, Abdullah bin Husain, Sunan al-Kubrā (Beirut: Dār al-Kitāb al-„Ilmīyah, 2003), Ḥadīh no.7583. 38

Muhammad Hāshim Kamālī, Freedom of Expression in Islam (Kuala Lumpur: Berīta Publishers, 1994), 11. 39

Bhat, “Freedom of expressing from Islamic perspective”, 72. 40

Kamālī, Freedom of Expression in Islam,12. 41

Sūrah al-Isrā‟17:70. 42

Qudhāī , Muhammad bin Salamā, Musnad Shahāb,( Beirut: Mu‟assiah al-Risālah,1986),Hadīth no.121. 43

Qādirī, Muhammad Ṭāhir , Human Rights in Islam, (Lahore: Minhāj al-Qur‟ān Publication,2004),33.

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variation with the changing of times and generations”.44

These comments clearly show that

Islam provides all kinds of civil liberties and human rights on the grounds of human dignity.

We cannot find this kind of dignity officially in any other thought and faith of the globe.

III. Fundamental Human Right and responsibility: The third very convincing reason for

the importance of freedom of expression is that it is a fundamental human right as well as an

important duty and responsibility of a Muslim believer from Islamic perspective of rights and

duties. In other word in Islamic context freedom of expression and speech is not only a right

but it is core duty of a Muslim believer. Although it is debatable issue but according a good

number of Islamic scholars, many injunctions of the Holy Quran and Nobel teachings of the

Holy Prophet ملسو هيلع هللا ىلص clearly mentions it severely in treasurer of the Islamic teachings. A

famous verse of the Holy Quran in surah al-Baqrah recommends it as a fundamental right and

a most significant duty both at a time;

“Ye are the best of peoples, evolved for mankind, enjoining what is right,

forbidding what is wrong, and believing in Allah”.45

As well as freedom of expression is granted through Ahādīth of the Holy Prophet

;tells us in this way ملسو هيلع هللا ىلص One of the most prominent judgments of the Prophet .ملسو هيلع هللا ىلص

“The best form of Jihad is to express a word of truth in the front of a tyrannical

Ruler”46

Here, Syed Abūal a„lā Mawdūdī observes likewise regarding freedom of

expression and speech from Islamic perspective; “Islam gives the right of freedom of

thought and expression to all citizens of the Islamic State on the condition that it

should be used for the propagation of virtue and truth and not for spreading evil and

wickedness.”47

At this point, Prof. Dr. Muhammad Hāshim Kamālī articulates

regarding fundamental human rights in Islam as;

“A right, which is found in a clear Qurānic injunction, such as the right to life,

to property, to privacy, the right of movement, the parents over their Children,

the right to justice, the personal dignity and honor and equality before the law

and so forth, may be classified as fundamental human rights”.48

Other numerous verses of the Holy Qur‟ān also guide to the importance of this most

significant right. One of the most important verses of the Nobel Quran speaks about freedom

44

Kamālī ,Muhammad Hāshim, The Dignity of Man (Cambridge: The Islamic Texts Society,2002),9. 45

Surah Ᾱle-Imran 3:110. 46

Abū Dāwūd, Ḥadīth no.4334. 47

Mawdūdī, Human Rights in Islam,26. 48

Kamālī, Freedom of Expression in Islam,22.

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of speech, discussion and expression likewise; “And expresses properly to the People”.

(Surah Al-Baqarah 2:83.) The very objective of free speech in Islam is uplift society for good

behavior and save it from bad manners and turmoil. Therefore form Islamic perspective the

right to freedom of expression and speech is acknowledged as comprehensive one. For

example in Islamic context the right to free speech is a fundamental human right as well as a

core human duty in case of social destruction. Here, Ali Muhammad Bhat articulated rightly;

“Islamic perspective on right to freedom of expression is comprehensible

which facilitates to put up society in a serene behavior. In Islam people are

restricted to communicate their opinions only when one feels to lend a hand

community fellow to continue in peace and tranquility and to maintain

richness of diversity so that people stay behind from social tribulations,

pandemonium and muddle”.49

Moreover, the Universal Islamic Declaration of Human Rights (UIDHR50

) is also an

important contemporary development in human rights perspective in the Islamic context most

carefully. The clause 12 of its states; “Every person has the right to express his thoughts and

beliefs so long as he remains within the limits prescribed by the Law. No one, however, is

entitled to disseminate falsehood or to circulate reports which may outrage public decency, or

to indulge in slander, innuendo or to cast defamatory aspersions on other persons”.51

This fact

is also to be understood why Islam grants and focuses on rights and liberties. The basic

objectives of liberties and rights are entirely different from other existing thoughts and

theories of the world. At that point, Dr. Fathī Muhammad Othmān articulates; “The main

goal of God‟s message to humankind is the attainment of justice in all of its fairness. This

justice, the foundation of Islam, cannot be achieved unless human rights are secured for every

individual and group in a Muslim state”.52

Therefore, according to Islamic standpoint, these are the basic reasons of the

importance of the right to freedom of expression. The early Muslim society expressed the

deep impact of the freedom of speech as compared to the present age. Muslims were more

tolerant than others. They gave this right to every community and society without any

prejudice. In addition to it, this discussion presents a beautiful scenario of Muslim society

that they were very broad and open minded for human rights and civil liberties. Although

their name and terms were different from the present age but it is assumed from the above

49

Bhat, “Freedom of expressing from Islamic perspective”, 71. 50

UDIHR: It stands for universal Islamic declaration of Human Rights. It is most important document in Islamic

perspective on human rights. It was adopted in 1980 from Islamic Council UK. 51

http://www.alhewar.com/ISLAMDECL.html/ retrived;18/2/2017/ 52

www.usc.edu/schools/issues/Freedom_Of_Expression..pdf/Accessed: 18/2/2016.

http://www.alhewar.com/ISLAMDECL.html/%20retrived

http://www.usc.edu/schools/issues/Freedom_Of_Expression..pdf/Accessed

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discussion that the Muslim state and society was more careful about human rights and

liberties, special in case of freedom of expression and speech. Here, it is very interesting to

know that the one most important issue which differentiates these rights and liberties from

that age is that these were responsible and accountable one.

0.3. Freedom of Expression from Western Perspective:

From the “Western perspective”53

, the concept and tradition of freedom of expression is

somewhat different from that of Islam. The Western thought is a manmade and secular

thought; therefore, its standpoint on human rights and civil liberties is entirely different from

that of Islam. It is a right approach that the Western scholars linked the tradition of human

rights to the occidental thought. Professor Heiner Bielefeld comments in this way;

“Human rights certainly did not expand in a cultural space. Known that their

historic infiltrate happened in America and the West, there are sufficient

grounds to presume that the origin of the thought of human rights, in the one

way or the other, is connected to the spiritual, philosophical, and civilizational

sources of the Western tradition”.54

However, it is not the complete truth that the human rights and liberties are the production of

Western thought. The Western scholars try to associate such issues to their thought and

search out its roots in the ancient Roman and Greek traditions, which they take as

foundational sources of the Western thought. Syed Abū al-a„lā Mawdūdī argues; “The

Western scholars have tendency of featuring every fine thing to them and try to confirm them

that it is because of them the world obtained this blessing; otherwise, the world was wrapped

in unawareness and was completely ignorant of these gifts”.55

Accordingly, a group of

scholars observe that the Western thought is not the sole founder of rights and freedom but

they are the founder of the unlimited and unrestricted rights and liberties (Maximum liberties

and minimum limits is core slogan of the west). Thus, since its foundation, the Western

thought is the representative of unlimited and unleashed freedom of expression.

A good number of Western as well as Muslims scholars undoubtedly have been

mentioned this fact in their studies that the present Western thought is deeply rooted in the

Greco-Roman tradition but realistically it began after the movement of Reformation56

and

53

Western Perspective: In this research, the West is not considered a piece of land. It is a dominant thought and

civilization which was developed in the context of Judaism, Christianity, Roman Laws, Greek Philosophy,

Secularism and Modern Sciences. It has become an antagonist of Islam for past many years. 54

Heiner Bielefeld, “Western verses Islamic Human Rights Conceptions”, Political Theory 28:1 (2000): 90-121. 55

Mawdūdī, Syed Abū al-a„lā, Human Rights in Islam (Lahore: Islamic Publications, 1995), 11. 56

Reformation: Reform means to change. It was an internal church movement which started to reform and

brings change within the Christian creeds, sociology and in the Pope Authority. It stated in the 12th

century and

carried on till the age of Renaissance, 16th

century. This movement provided the base for Renaissance.

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Renaissance57

movements. But, the idea about the start of Reformation is totally

controversial. Not even a single scholar can say with firm belief that the Reformation

movement was started from that day. A leading Western scholar J Bronowski states alike;

“The idea of the Reformation is a singularly complicated one. Its tradition

sharply differs as to when it began and when it ended. Some notice its

beginnings as early as the twelfth or thirteen century. Some historians date the

Renaissance from the fall of Constantinople by the Turkish in 1453 CE”.58

The scholars also differ in exact dates about beginnings of the modern Western

thought. However, Franklin L Baumer starts it from 16th

Century; “Sir Francis Bacon as

frontispiece in 1600 CE”.59

The age of the Renaissance is the foundation of the entire

Western rights and liberties, humanism, secularism, liberalism and other human centered

movements and thoughts. According to Jacob Burckhardt; “The Renaissance contributed a

still larger success, firstly discerning and carrying to beam the complete, the entire nature of

man”.60

This means that the movements of civil liberties and rights get boom from the era of

the Renaissance. Therefore, the age of Renaissance is said to be the actual point of the

beginning of the modern Western thought and civilization. In other words, the Renaissance is

the cultural and civilizational rebirth of the modern West. Many studies show that the idea of

individualism, civil liberties and human rights are deeply rooted in the movement of the

Renaissance. A renowned Western scholar, Leo Lowenthal, states;

“The Renaissance has intimate relations not only with a rising individualism

but with the crisis of authority (Religion and Law). This issue is, in turn,

intimately identified with a distinctive Renaissance thought of history, an

explanation of events in expressions of the fervor, drives and internal clashes

of the foremost historical facts”.61

It is also an interesting fact that the record of freedom of speech and religion is not

much older in the West as it is claimed today. Gill Silverman maintains likely, “Freedom of

speech as we know it today in America (as well as in the Western countries) is a new

development: the right of individuals and companies to say or convey, or observe everything

they wish without interference of the government censorship or punishment, is barring a

57

Renaissance: Renaissance means rebirth or new birth. It means a new passion for the traditional literature,

learning, and art which sprang up in Europe towards the close of the Middle Ages, and which during the course

of the 15th

and 16th

centuries gave a new culture, civilization and thought to the entire West. This was the

turning point of the West from the dark ages to the modern ages. 58

Bronowski J. Mazlish, The Western Intellectual Tradition (New York: Harper Publishers, 1962), 3. 59

Franklin L. Brumer, Modern European Thought (London: Macmillan Publisher & Co. Inc, 1977), II. 60

Jacob Burckhardt, Civilization of the Renaissance in Italy (London: Dover Publications, 2010), 225. 61

Leo Lowenthal, Literature and the image of Man (Boston: Beacon Press, 1957), 57.

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cleared exception”.62

In more clear words, initially, the idea was started with rights of

companies and traders than individuals. Thus, an eminent Western scholar Alfreosson says;

“The right to freedom of expression is rooted in 17th

century struggle of

European legislators for freedom of speech (expression). The World has seen a

continuing struggle for freedom of expression, including freedom of speech

and freedom of the Press, often going hand in hand with an attempt to bind the

power of the government vs. public”.63

This statement tells us two most important facts. Firstly the freedom of speech in west

was introduced in 17th

century and secondly west gets it after a long struggle.

In addition, when we discuss the Western liberties and rights then “Magna Carta”64

is

considered as the basic document of the Western world, which is also silent about this

important human right. Smoothly, the most important constitution of the USA also provides

freedom of expression to his public through the first amendment in 1791. Even the most

recent activity on the forum of the UN is UDHR. It was declared in 1948. Freedom of speech

and religion, especially in medieval ages was not found. In fact, the Church punished

thousands of people for their struggle to get freedom from church/religion to express freely.

So, the west calls it the “dark ages”65

. Contrary to this, the Islamic world has golden ages

parallel to this because it was exactly the age righteous in Islam, which is golden era of Islam.

As it is known reality, the West achieved freedom and rights through a long journey

so; they want absolute freedom and rights. Therefore, a group of the Western scholars, Media

persons and social activists have been demanding unlimited freedom of expression

throughout the Western history. John Stuart Mill, a leading scholar of the 19th

century

opposes any censorship on freedom and advocate absolute freedom of speech. He writes;

“The peculiar wickedness of silencing on freedom of expression is that it is

specially the human being. If the thought is correct, they are depressed of the

chance of replacing error for fact; if incorrect, they lose, what is approximately

a great advantage, the clearer view and livelier idea of certainty created by its

conflict with fault”.66

62

https://www.quora.com/why-is-free-speech-important/Accessed:11/1/2016. 63

Guomundur Alfreosson, The Universal Declaration of Human Rights: A Common Standard of Achievement

(London: Martinus Nighoff Publishers, 1999), 367. 64

Magna Carta: Magna Carta is counted in the west as a great charter of liberties and rights. It was agreed upon

by the British king, Johan and some rebel barons for peace, rights and justice. This charter was implemented by

the council of barons on 15 June 1215 AD. Later on this charter was considered a base for the fundamental

rights and liberties by the western scholars. 65

Dark Ages: According to the majority of Western scholars, the era from 7th

to 12th

century in the west, the

powerful era of Christendom is called dark ages. Instead of it, in Islam this era is called golden era. 66

John Stuart Mill, On Liberty (Boston: Ticknor and Fields Publishers, 1863), 35.

https://www.quora.com/why-is-free-speech-important/Accessed

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Especially, with the coming of the contemporary approach, the human rights instruments and

postmodern thought, a group of the Western scholars focuses on unbounded free speech and

rejects every reasonable and positive sanction on expression. For example, the leading article

of 10 defines free speech in this way, “Everybody has the right to free speech. This right shall

include liberty to hold views and to get and communicate information and thoughts without

intervention by public power regardless of limits”.67

Although the last part of the article

makes it mandatory with public and social and state interest, but the advocates of liberty do

not bother it.

The West has obtained the present freedom and rights after an intricate and long

struggle. So, they are extremely conscious in this regard and do not want to lose it and are not

ready to compromise on it. When we over through the history of modern Western thought, it

is a harsh truth, that there was no concept of rights and freedom before Renaissance. After the

Renaissance, the movement of liberties and rights became anti-religion movement because

the Church opposed it. Therefore, the representative of the Renaissance movement turned

opposite to the religion due to resistance of the Church. They rejected it even the most

necessary traditions and norms of the religion for their collective life, because they

considered it anti rational and anti-humanistic approach. Therefore, a Western historian

comments likewise; “In the age, in which the Church implemented its greatest influence,

reason (freedom of thought and expression) was enchained in the Jail which Christian

scholars had made around the human brain”.68

In other words, the Renaissance movement

shaped a revolt against church and religion. In this situation, Professor Dr. Ḥammād Lakhvī

rightly observes;

“In the name of Renaissance in fact the revolt occurred against religious ideas

which eventually offered the Western community with liberty from all kind of

limits through the means of getting liberty from religious power. This revolution

continued in the West in the later centuries in the name of diverse trends of

thoughts and practices as secularism, rationalism humanism and so on”.69

It was the turning point of the Western thought which changed everything in the west.

With the passage of time, this thought has become a source of a radical change in the West.

So, all Western laws and institutions understand the religion as separate from the practical

life. They also consider the human mentality and experience as the root for the solution of

67

The Council of Europe, Freedom of Expression in Europe (Strasburg: EU Publishing, 2007), 6. 68

J. B. Burry, History of Freedom of Thought (New York: International Debate Association, 2007), 67. 69

Lakhvī Muhammad Ḥammād, “Historical Foundations of Western Political Thought”, Al-Qalam

15:2(2010):57-72.

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every human issue. But it is their wrong perception because the human mentality is limited

and issues are expanded. (Therefore the guidance of Allah must be there) According to them,

the concept of freedom and rights is opposite to the religion. So, they understand that the

freedom of expression should be free from all kinds of moral and religious restraints. We

think, it is a big misconception of the West about religion.

In the contemporary Western sociopolitical scenario, although, the scholars differ in

approaches, but there can be counted as three major approaches of freedom of speech and

other fundamental rights and liberties. The first Western approach is a conservative approach.

This is conventional approach which represents the religious sphere of the west. They are the

advocate of limited and bounded liberties and rights but they advocate powerful nation state

with some dominant religious (Christian) and social traditions. The most important and

sometime reasonable approach is a liberal or legal approach. This approach, although

demands maximum freedom of expression and other liberties, but also accept some minimum

limits and restraints on freedom of speech. As a point of objection, it is questioned if absolute

freedom of expression is possible in any country of the west. A Western scholar Bangstade

Sindre responds likewise; “No doubt freedom of speech is a central principle of any free,

secular and democratic community and so it should be. But despite public assertions to the

contrary, there is no society in which freedom of expression is absolute”.70

Even the most

renowned Western scholar and advocate of the absolute liberties, including freedom of

expression, press and speech, John Stuart Mill also suggested some limitations on freedom of

speech to remove conflict in the society. Here, Harmon JM pronounced;

“Mill says that absolute freedom for the individual in society is impossible.

The question is that where the line should properly be drawn between what an

individual is entitled to do and what the society is entitled to prevent him from

doing. A criterion must be established by which conflicts between their

interests may be judged”.71

Currently Liberalism is a representative of Western approach which leads the

maximum legal, political and social system of the west. Yet, all the Western policies have

been made in the light of this approach. With the passage of time, this approach is losing its

importance in the west and currently the most dangerous and radical approach fame as

postmodern approach is going to be replacing it. Therefore, the third one is Postmodern or

Radical approach which is the representative of the absolute tendency of freedom of

70

Sindre Bangstade, “Fighting Word; What‟s; Wrong with Freedom of Expression”, Journal of Ethnic and

Migration Studies 40:2(2014):266-282; http//www.tendfoline.com/loi/cjms20. 71

Marion J. Harmon, Political Thought From Plato to the Present (New York: McGraw-Hill, 1964), 383.

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expression. This approach has become a challenge, for the west as well as for all of the

humankind. This is a very radical approach which rejects all kinds of faith, values, laws and

traditions of the state and society. The enmity of religion and blind following of science and

human intellect has led the west to a closed end street. Thus, Pierre Lecomte rightly observes;

“The modern unease arises mostly from the truth that intellect has deprived

man of all motives for existence by rising in the name of science. Still religion

is required to give a sense to human life, a reason for attempt, and an inspiring

end to achieve”.72

Briefly, we can divide the Islamic and Western approaches into two major

approaches; the first one is the religious or Islamic approach which is the representative of

limited and bounded freedom of speech with reasonable social and moral values and the

second one is the modern liberal approach which is the representative of maximum or

absolute freedom. However, if they accept some limitations on personal liberty, they exclude

the religious and moral norms from it. Washington Post maintains it likewise; “The Speech is

blasphemous; this is the ancient threat to freedom of speech, but it has experienced amazing

of a response in the twenty first century (in the ages of freedom)”.73

In this way, the tendency

of absolute freedom of expression is increasing day by day in the west. Although, free speech

is not absolutely free in the West but they demand it continuously. As a well-known Western

scholar Professor Maliverni Giorgio expresses his observation likewise; “Freedom of

expression is a cornerstone of our society, yet it is still subject to exceptions. The main

exceptions are set out in the second paragraph of article 1074

of the European Convention of

Human Rights”.75

As a result the religious norms and symbols are under the threat of

Blasphemy, Islamophobia and hate speech. On the basis of these approaches, there are two

main trends of freedom of expression in the present socio-political context. Obviously, these

trends differ from each other. According to a modernist Muslim scholar Prof. Dr. Afzal-ur-

Reḥmān observation on modern western trend of freedom of speech;

“The Western trend of freedom is a license to like and dislike without any

moral and ethical restrictions, but in Islam, there is another concept of freedom

72

Pierre Lecomte Do Nouy, Human Destiny (London: Longman Green & Co., 1947), 13.

73https://www.washingtonpost.com/opinions/shut-up-and-play-nice/Accessed:22/1/2016.

74Article 10: The 2

nd Paragraph of the article 10 of the ECHR bounded the freedom of expression. Article 10

said: “The exercise of these freedoms( expression ), since it carries with it duties and responsibilities, may be

subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a

democratic society, in the interests of national security, territorial integrity or public safety. 75

Giorgio Maliverni, “Freedom of information in European Commission of Human Rights and International

Convention on Civil and Political Rights”, Human Rights Law Journal 4 (1983):443-460.

https://www.academia.edu/4672897/Freedom_of_Information.

https://www.washingtonpost.com/opinions/shut-up-and-play-nice/Accessed:22/1/2016

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and the west is not aware of this. It is an objective right from Almighty Allah

with some restrictions and responsibilities”.76

As a result, one trend is representative of freelance and unlimited freedom of

expression and the other is the representative of restricted freedom of expression with

reference to some social and moral values. The West is the representative of the first one and

Islam with some other thoughts is the representative of the second one.

0.3.1. Significance of Freedom of Expression in Western Context:

Freedom of expression is also most important issue in the Western perspective of

philosophers, politicians and lawyers. Here, a well-known Western scholar Waluchow says;

“Freedom of expression is an issue of obvious and perennial interest both philosophers and

non-philosophers. Its relevance is evident, throughout history, from Plot‟s advocacy to the

modern call for restricting the free expression.” 77

According to the modern Western scholars,

the freedom of speech is not only important in itself but it also protects other human rights.

Rodney Samola articulates about this immense human right; “Freedom of speech is a human

yearning, insistence, persistence and universal. Speech may be uplifting, enlightening and

profound; but it is often degrading, redundant and trivial”.78

In brief, the important features of

Western free speech are as follows:-

I. Base of other Human Rights: In Western perspective, freedom of speech and expression

is a base of other fundamental human rights and even without it they cannot exist. Justice

Anderson decision remarks in a historical petition against government in the protection of the

public liberty; “Freedom of expression is the first and last trench in the protection of liberty.

Therefore, all the rights affirmed by the New Zealand Bill of Rights Act are protected by that

particular right.”79

On the other hand, it is considered as a superior to all human rights.

According to a renowned Western scholar L. Gearon views:

“Freedom of expression is one of the rights, declared, as a result of

aforementioned motivation, in the Universal Declaration which takes place in

the Article 19 with freedom to seek, receive and impart information and ideas

through any media regardless of frontiers.”80

76

Afzalur-Reḥmān, Shakhṣī Āzādī (Personal Liberty) (Lahore: Feroze Sons, 1993), 159-60. 77

W. J. Waluchow, Free Expression Essay in Law and Philosophy (Oxford: Clarendon Press, 1994), IX. 78

Rodney A. Smola, Free Speech in an Open Society (New York: Random House Inc., 1992), 3. 79

Nicole Moreham, “Hosking v Runting and the Protection of Privacy”, The New Zealand Law Journal 12:6

(2006):265-267; http://heinonline.org/HOL/LandingPage?handle=hein.journals/newzlndlr2006. 80

Liam Gearon, Freedom of Expression and Human Rights, (UK: Sussex Academic Press, 2006), 115.

http://heinonline.org/HOL/LandingPage?handle=hein.journals/newzlndlr2006.

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In the West, freedom of expression and speech has a lot of significance in the

contemporary sociopolitical perspective. A Western scholar M. Cooray describes its

importance in political perspective as; “The freedom of speech is the single most important

political right of citizens, although private property is required for its operation. Without free

speech, no political action is possible and no resistance to injustice or oppression is possible.

Without free speech, elections there would have been no meaning at all.”81

According to the

UN, it is considered as a milestone for other human rights, developments and attainments. As

we read in the General Assembly resolution; “Freedom of Expression is a fundamental

human right and, is the touchstone of all of liberties to which the UNO is consecrated”.82

It is

perceived from above debate; overall the right to freedom of expression is considered as root

of other human rights and liberties in contemporary western academic discourse.

II. Part of all Modern Constitutions: The second scope of its importance in Western

context is that it is an essential part of every modern constitution of the West. After the

(UDHR)83

it has become the most integrated part of every constitution of the Western World.

According to Article 19 of the UDHR and ICCPR, “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”.84

The European Union considers it more significant for a democratic country.

According to the Parliamentary Assembly of the Council of Europe statement, “The

Parliamentary Assembly of European Council reaffirms that it cannot be considered a

democratic society without the fundamental right to freedom of expression. The progress of

state and the progress of every person depend upon the opportunity of getting and

communicating information and thoughts”.85

This activity shows its safety and significance in

the contemporary Western sociopolitical perspective.

The European Convention of Human Rights (ECHR86

) also gives high value to the

free speech and every country of the Europe is a signatory of this most important convention.

Article No. 10 of the European Convention of Human Rights states;

“Everyone has the right to freedom of expression. This right shall include

freedom to hold opinions and to receive and impart information and ideas

81

http://www.ourcivilisation.com/cooray/btof/The Importance of Freedom of Expression/ 24/12/2015/ 82

Francesca Klug (ed.) The Three Pillars of Liberty (London: Rutledge Publishers, 1996), 141. 83

UDHR: It stands for the Universal Declaration of Human Rights. In contemporary era it is considered as most

important document from the united nation on international level. It was announced by the UN on 1948. 84

www.un.org/en/Documents/udhr/Accessed:24/12/2016/ 85

European Council, Document Working Papers, (Strasburg: Council of Europe Publishing, 2006), 5: 221. 86

ECHR: It stands for European Convention of Human Rights. It is an important western document of human

rights. It is considered the most vital document of rights and freedom after the UDHR, in the world.

http://www.ourcivilisation.com/cooray/btof/The

http://www.un.org/en/Documents/udhr/Accessed

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without interference by public authority and regardless of frontiers. This

article shall not prevent states from requiring the licensing of broadcasting,

television or cinema enterprises.”87

Freedom of expression is also an essential part of the constitution of the USA. The

first amendment of the American Constitution tells us; “Government has no power to restrict

expression because of its message, its ideas, its subject matter, or its content. To permit the

continued building of our politics and culture, and to assure self-fulfillment for each

individual, our people are guaranteed the right to express any thought, free from government

censorship”.88

Furthermore, the African Charter of Human and People‟s Rights also gives

much importance to freedom of expression and speech. According to Article 9 (1&2) of the

ACHPR; “Every individual shall have the right to receive information. Every individual shall

have the right to express and disseminate his opinions within the law”.89

Therefore, we may

presume from the above discussion that every modern constitution of the West and as well as

of the East contain these provisions of freedom of speech and press.

III. Freedom of Expression as Liberty and Equality: Freedom as liberty and equality is

another most fundamental scope of its importance in Western perspective. It means the right

of free expression is for social and political liberty and equality. These are two significant

concepts of free speech in the Western perspective especially in America. According to this

vision, the free speech is seen as serving the interest of political liberty. Thus a renowned

western scholar Professor Kathleen M. Sullivan argues;

“This view of free speech as liberty starts from a textual interpretation of the

Free Speech Clause as „written in terms of „speech,‟ not speakers, unlike

clauses that aim to protect „persons‟ from state coercion, thus, Congress shall

make no law abridging the freedom of speech, without mentioning „persons‟

or denominating any ontological prerequisites for who or what may invoke its

protection”.90

Another point of view is that the free speech right serves as an overarching interest

and development of a society and individual. According to an immense observation of the

European Court of Human Rights; “Freedom of speech constitutes one of the vital

foundations of such a society, one of the essential conditions for its growth and for the

87

European Convention on Human Rights, (Strasbourg: Council of Europe, 1998), Article no.10: 11. 88

Brian Duignan, The US Constitution and Constitutional Law (New York: Britannica Inc., 2013), 15. 89

Malcolm Evans and Rachel Murray, The African Charter of Human and People‟s Rights (UK: Cambridge

University Press, 2008), Article no.9:231. 90

Kathleen M. Sullivan, “Two Concepts of Freedom of Expression”, Harvard Law Review 124:1(2010):143-178

; http://harvardlawreview.org/2010/11/two-concepts-of-freedom-of-speech.

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progress of every person”.91

Freedom of expression makes easy for a person to spread his

ideas. Jack Balkan rightly observed; “Freedom of speech allows ordinary people to

participate freely in the wide spread of ideas and in the creation of meanings that, in turn,

helps constitute them as a community”.92

These basic features also tell about the importance

of freedom of expression in the Western perspective. At that point, the interesting issue is

that all these aspects of the Western freedom of expression are political and legal rather than

social and moral. However, some Western scholars consider the right to be heard as moral

right due to fear of criticism. J P Day comments; “ To be sure, it makes sense to talk about a

qualified moral duty to listen to those communications which concern us or concern the

matters on which we make public pronouncements and neglect this moral duty that may be

morally panelized by criticism from others”.93

Therefore the right to be heard has no legal

protection in the international and national Western laws.

Accordingly, these aspects also differentiate the Islamic thought from the Western

thought on the scope of freedom of expression. If we try to compare the significance of

freedom of speech in two thoughts, then one thing is common and other is different. The

common point is that the both thoughts agree on the grant and the importance of freedom of

expression but has disagreement on its limits and premises. Islam gives freedom of speech

with some limits and restrictions to save, protect and shelter this vital human right due to its

controversy and sensitivity, but the Western thought grants and advocates maximum freedom

of expression with nominal limits and if the west put some limits on it, these are not enough

to save the society from its demerits and chaos. As well as, in case of liberties, including

freedom of expression and speech, Islam focuses on ethical aspect, but the West promotes

political phase of it. This thesis provides an overview of the Islamic and Western point of

view on the limits.

0.4. Absolute Freedom: Major Conflicting Issue between Islam and West:

The absolute trend of freedom of speech from the west is creating a „major conflict‟94

between Islam and the West. With the passage of time, this conflict has shaped an arranged

attempt of blasphemy and hate speech campaign against Islam. Under the shadow of freedom

91

Brid Moriarty (ed.) Human Rights Law (Handyside v UK),(New York: Oxford University Press,2012),283. 92

Jack M Balkin “Digital Speech and Democratic Culture”, New York Law Review 79:1(2004):1-55. :

www.yale.edu/lawweb/digitalspeechanddemocraticculture-pdf. 93

Joseph P. Day, “The Duty of Listening”, Philosophy 71:277 (1996):461-464;

http://dx.doi.org/10.1017/S003181910004170X. 94

Major Conflicting Issue: Blasphemy of the Prophet Muhammad ملسو هيلع هللا ىلص is the most conflicting issue between

Islam and the West. We think, if the west cares about this issue, most of the clashes can be settled down easily

because Muslim cannot compromise and tolerate on the sanctity and dignity of his beloved Prophet ملسو هيلع هللا ىلص.

http://dx.doi.org/10.1017/S003181910004170X

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of speech, the Western world is blaspheming our sacred norms, significant rituals and most

openly the beloved one personality of the Muslim the Kind Prophet Hadrat Muhammad ملسو هيلع هللا ىلص.

It is not a joke but it is a serious threat for Muslim of the modern world and Muslim

community never will bear and absorb it. Here, Professor Khurshīd Aḥmad argues justly;

“The global scenario tells us that the present blasphemous cartoons from

Denmark are not an unintentional activity from a newspaper but it is part of

the global blasphemy movement against Muslims and the Prophet of Islam

The ultimate target of this movement has to show the Muslims and the .ملسو هيلع هللا ىلص

beloved personality of Islam as terrorist”.95

Therefore, Muslim‟s highly respected personality the Prophet Muhammad ملسو هيلع هللا ىلص is not safe

from this blasphemous speech. The Western people make insane criticism over Islam and

Prophet of the Islam (ملسو هيلع هللا ىلص) and title it as so called right to freedom of speech, but the

Muslim question is that where stands the limits and boundaries of freedom of expression and

speech.

The study seriously noticed that it is not just an issue of freedom of expression but it

is clearly the clash of values and norms that one thing is sacred and the most respected for

Muslims and the same thing has no value to the West and they blaspheme it in the name of

so-called free speech. Here, a Western scholar raises a more valid question in his research

about religious criticism. Ben Clarke argues, “Does freedom of expression include the right

to openly ridicule the religious values of others?”96

The very simple answer is obviously

“No” because according to law, if my hand touches to other‟s nose then it should be stopped.

A renowned Western scholar Immanuel Kant replies; “I am free to move my hand, but the

freedom of my hand ends where your nose begins”.97

Is West shall try to understand the

sensitivity of the matter because their free hands are not only touching but also hurting the

Muslim hearts. So, we will be revisiting the limits of freedom of expression. According to

Khalid Manzor‟s valuable opinion, “This is the time to revisit the concept of rights of

expression and freedom of the press. An unlimited freedom should not be allowed at the cost

of respect of others religion”.98

As well as many leading Western thinkers have recommended

some reasonable limits on freedom of expression for his significance and sensitivity. Thus, a

95

Khurshīd Aḥmad, “Shaitānī Cartoons,” Tarjumān al-Quran 133:3 (2006):3-30. 96

Ben Clarke, “Freedom of Speech and Criticism of Religion”, Murdoch University Law Journal 14:2 (2007)

:94-121 ;http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1716558. 97

British Broadcasting Corporation, “Law and Order”, The listener 53(1955) :1120-1150. 98

Butt, Khalid Manzûr, “Revisiting Concept of Freedom of Expression vis-à-vis Blasphemy”, Journal of

Political Studies 122:1 (2015):265-287.

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renowned Western thinker and philosopher Oliver Wendel Holmes argues on this significant

and sensitive issue likewise;

“Persecution (limits and restrictions) for the expression of opinions seems to

me perfectly logical. If you have no doubt of your premises or your power and

want a certain result with all your heart you naturally express your wishes in

law and sweep away all opposition”.99

It is also a noteworthy point that if religion and religious symbols have no value for

the West because they are secular then this criteria should be equal for each community, but

if someone gives anti comments to Jesus Christ or Holocaust, then they implement their laws

with complete spirit and power, but if the issue is related to Islam then they defend it on the

grounds of freedom of expression. Is it not open hypocrisy of the West against religion and

religious values? According to a declaration of American Commission of Human Rights,

European Union and African Union;

“Limits on the freedom of speech and expression should be imposed in scope to

the defense of prevailing personal rights and social benefit, and should never be

used to defend particular organizations, or abstract concepts, ideas or values,

including religious ones”.100

It is obviously hypocritical standards of the West and hostility to religion and

religious values, especially for Islam and Muslims. So, Muslim scholars assume that it is not

an issue of freedom of speech and expression but it is the Western historically enmity to

Islam and to the Prophet of Islam ملسو هيلع هللا ىلص, which has deep rooted reverence in the rival history

of the both thoughts. Here, Abdul Jabbār Shākir valuable comments empower this argument;

“The tradition of blasphemy against the Prophet of Islam ملسو هيلع هللا ىلص has a long history

in the West. The recorded blasphemous statements of the Orientalists in the name

of so called research are eye witness of it. If we carefully search out the roots of

present hostile movement against Islam and the Muslims, it is footed in the so

called tradition of old Orientalism”.101

The majority of Muslim scholars have their strong reservation on contemporary

Islamophobia movement in the Western world. They relate it to the historical Western hostile

99

Martin H. Redish, The Logic of Persecution; Free Expression and the McCarthy Era (California: Stanford

University Press, 2005), 8. 100

Psaila Emma and Roza Dalla (eds.) ,The European Legal Framework for Hate Speech , Blasphemy and its

Interaction with Freedom of Expression (Brussels: European Union Parliament,2015),26;

www.europarl.europa.eu/RegData/.../IPOL_STU (2015)536460_EN.pdf. 101

Shākir, “Tohīn-e-Risālat aur Maghrib”, 10.

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movement under the banner of “Orientalism”102

Thus, Parvaiz Manẓūr truly observes; “The

present movement of Islamophobia takes birth from the Orientalism. It‟s all fake arguments

and Europe centered policies get inspiration from the Orientalism. In other words it is gift of

Orientalism”.103

The present attacks on the sanctity of the Prophetملسو هيلع هللا ىلص of Islam cannot be

justified on the ground of free speech but it is clear blasphemy and part of the historical

hostile movement against Islam from the West. This hostility now has become Islamophobia

and blasphemy against Muslims and Prophet of Islam ملسو هيلع هللا ىلص. As well as, This Islamophobia

and Blasphemy have shaped a movement in the so-called civilized and multicultural West.

This confrontation and conflict has affected both major communities of the

contemporary world, Islam and the West. This conflict is also going to be changed into the

clash of civilizations. Many Western scholars predict this clash and analyze frequently the

Islam as a source of every evil. According to Huntington biased analysis, “The underlying

problem for West is not Islamic fundamentalism. It (Islam) is a different civilization, whose

people are convinced of the superiority of their culture and obsessed with the inferiority of

their power”.104

Although, this observation consists of discrimination, but also actually

presents Muslim sentiments. The original issue of Muslims and the West is the disrespect of

Muslims and their religious symbols as well as presents Islam as the symbol of fear and

terror. Keeping in mind, the clash is not suitable for any group. Syed Mawdūdī rightly

identified; “The call of our times is that, with a view to achieving world peace and global

amity, mutual relationship among different nations be reconstructed on the same

footing”.105

In this situation, the West is not supposed to underestimate Islam because it is the

second largest religion and the political community of the world and as the second most

important civilization of the globe. Here, a leading scholar Prof. John L Esposito articulates;

“Islam is the second largest of the religious tradition in the world, as well as,

in the West. It has over one billion (1.5 billion) adherents. While the Islamic

World includes the Muslim countries from the North America to the Southeast

Asia, a significant number of Muslims may be found in the entire world”.106

Then, what will be the solution of these controversial issues and conflicts between Islam

and the Western world. What is the ultimate role of the freedom of expression and speech to

release or increase these issues; what impacts held on the human being by Islamic and

102

Orientalism: The Scholarly knowledge of Asian cultures, languages and people, Orientalism has often been

defined as the study of near and far Eastern societies. 103

Parvez Manẓūr, “Islam kā Khawf aur Dehshat kā Rāj”, Maghrib aur Islam 18:2(2015):91-113. 104

Samuel P. Huntington, The Clash of Civilization (New York: Touchstone Books, 1997), 127. 105

Mawdūdī , Syed Abū al a„lā , Islam and West, (Ed. Khurshīd Aḥmad) (Lahore: Islamic Publication, 1957):V. 106

http://www.catholicfidelity.com/islam/the-islamic-tradition/Accessed:18/2/2016.

http://www.catholicfidelity.com/islam/the-islamic-tradition/Accessed

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Western concepts of freedom of expression. What is the association of unlimited freedom of

speech with religious defamation and blasphemy and how the international laws are

inadequate to illuminate them? This study is actually an effort to elaborate it.

05. Synopsis of the Research

05.1. Research Questions:

This research discusses a number of significant issues and problems but the most important

question of this study which I try to address is as follows:

A. What is the core concept of freedom of expression and what are its contemporary

approaches and trends in Islamic and Western perspectives?

B. What are the Islamic and Western limits and principles on freedom of speech and is the

absolute freedom of expression possible anywhere in the world?

C. What are the social, religious and political impacts of freedom of expression and how it

affects the contemporary Muslim-West relations?

05.2. Research Objectives:

The basic objective of my research is to compare and analyze the Islamic and Western

concept of freedom of expression for intellectual and academic objectives. Some other

important objectives of the research are as follows:-

I. To compare and analyze the Islamic and Western concept of freedom of expression for

intellectual and academic objectives. Some other important objectives of the research

are as follows:-

II. To study the advantages and disadvantages of two thoughts in free speech.

III. To study the commonalities and differences in Islamic and Western perspectives on

freedom of expression.

IV. Try to find out, whose vision of freedom of expression is beneficial for human being.

V. To elaborate the modern trends and approaches of free speech in Islam and the West.

VI. To find out the principles and limits of free speech in Islamic and Western perspectives

VII. To check out the political, social and religious impacts of freedom of expression

05.3 Research Methodology:

Basically, it is a comparative and analytical study. However, the following steps have been

adopted as research methodology in this dissertation;

I. The nature of this research is qualitative.

II. The conceptual and rational analysis has been applied.

III. The list of important terms is provided at the beginning of the study in detailed.

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IV. The Qurānic verses and poetry are used with text while Ᾱhādīth and biblical verses are

used with Standard English translation.

V. The primary Islamic sources with modern interpretations have been used.

VI. Analytical, critical and descriptive approaches have also been used in the research.

VII. The Chicago manual of style 16th

edition will be adopted with some minor changes.

VIII. Due to excess of references, I shall use my own discretion in choosing the references.

IX. The old and modern Western sources are used in this research with selected sequence.

X. Difficult terms and introductions of the important personalities have been explained in

the footnotes and mentioned in a glossary of terms at the end also.

XI. In the beginning of every chapter, I shall describe the details about the relevant topic in

Islamic and Western context and then compare the two points of views.

XII. During comparison of the Islamic and Western thought, I do not go to numerical

contents but I would focus on the contents of Islamic and Western thought in this

subject but especially on the point of contradiction and similarity where I found it.

05.4. Review of the Literature:

This topic has a good deal of literature to speak about both Islamic and the Western

standpoints due to its importance and scope in the modern sociopolitical scenario. We have

cited many Books, Research articles, Papers and Websites at the end of the study

Bibliography but here I describe brief introduction of the most relevant books to the study.

I. On Liberty: John Stuart Mill: It is an interesting book by a 19th

century British scholar,

philosopher and politician Johan Stuart Mill. It helps to trace out the free speech concept and

its importance in the Western society. The author describes in this book, right to freedom of

expression, thought and discusses it in depth. Generally, he advocates maximum freedom of

speech and does not accept censorship or restrictions on freedom of speech. First time, it was

published by Ticknor & Fields publishers, Boston in 1863.

II. Ḥurrīyāt al-‘Āmmah (General Liberties); Abdul Ḥakīm Hassan: This is an intellectual

contribution of an Egyptian scholar Dr. „Abdul Ḥakīm Ḥassan. This important book describes

the basic concept of liberties and freedoms in Islam. The writer also compares the Islamic and

Western thought and some other religions on the scope of freedoms in this book. The book

was published by Dār al-Fikr Beirut in, 1983.

III. Readings in Political Philosophy (Liberty): Afzalur Rehmān: It is an intellectual work

of Mr. Afzalur Rehmᾱn on Readings in Political Philosophy. Liberty is the first volume of

this book. In this book, he describes the Islamic point of view about personal liberty from the

Quran, Hadith and Fiqh. He also mentions the history of liberty in Islamic perspective.

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According to him liberty is an essential condition of an Islamic society. First of all this book

was published from Sῑrah Foundation London in 1987 and then it was translated (Shakhsī

Ᾱzādī) and published by Sheikh Zaid Islamic Center, Punjab University Lahore in 1993.

IV. Freedom of thought and Islam: Shafῑque Ali Khan: This important book is compiled

by a famous scholar of Karachi Dr. Shafῑque Ali Khan. He has worked as a professor of

English literature and philosophy in many remarkable educational institutes of Pakistan. This

book describes the concept, importance and history of freedom of thought in Islam. Firstly it

was published by Royal publishing Company, Karachi in 1989.

V. Free Speech in an Open Society: Rodney A. Smolla: This book on the right of free

speech is compiled by a renowned Western scholar Rodney A. Smolla. This significant book

elaborates that free speech is an essential requirement of an open society. This book has three

parts. The author articulated in this book meaning, scope and features of the freedom of

expression. This was published from Random House publisher New York, USA in 1992.

VI. Freedom of Expression in Islam: Mohammad Hāshim Kamālī: This is an academic

contribution by a Malaysian scholar Dr. Hāshim Kamālī. This book describes the basic

concepts about the freedom of expression from Islamic perspective. He also elaborates the

main areas and importance of freedom of expression in Islamic perspective. This book was

firstly published by Berita publishing house, Malaysia, Kuala Lumpur in 1994.

VII. Freedom of speech and its limits: Wojciech Sadurski: It is an important book by a

renowned Western scholar Wojciech Sadurski. This book consists of five chapters. In this

book he mentions some contradiction of freedom of speech to other rights and freedoms. He

accepts that unlimited freedom of speech has some harms and side effects. But he justifies the

unlimited freedom of speech and gives some alternate principles of it. This book represents

the unlimited point of view about freedom of expression. The very first time this book was

published by Kluwer academic publisher, Netherlands, USA, in 2001.

VIII. Muhammad: Messenger of God and Laws of Blasphemy in Islam and the West: It is

an excellent contribution by a Pakistani advocate Muhammad Ismā„il Qurayshī. This book is

written with a spirit to defend the sanctity of the Prophet of Islamملسو هيلع هللا ىلص. This book consists of

two parts. The first part is related to the respect and dignity of the Prophet ملسو هيلع هللا ىلص and the

second part deals with the laws of blasphemy in Islamic and Western perspective. The author

tries to describe the issue of freedom of expression with reference to blasphemy laws. First

time, this book is published by Naqūsh publications in 2006.

IX. The Fall and Rise of Blasphemy Laws: Paul Cliteur and Tom Haronsbarg; This vital

book is written by a Western scholar Paul Cliteur and Tom Haronsbarg. The book tells about

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the Christian history of the blasphemy laws in the West. This book presents two trends of

freedom of expression and blasphemy. The first trend is that many Western countries are

involving to defame the religious feelings and as a result the strict protest is seen against it.

Other trend shows in some countries blasphemy laws affect the freedom of speech. Thus, the

book presents an analysis over freedom of expression, blasphemy, censorship in the modern

multicultural world. This book is recently published by Leiden University Press in 2016.

X. Ᾱzādī-e-Izhār kay Nām Per (in the name of freedom of expression): Khalid Mateen;

This book is compiled by a famous Pakistani writer and scholar Prof. Khalid Mateen.

Actually it is the compilation of different articles and writings of famous Muslim writers on

the double standards of western freedom of expression and their partiality and enmity with

Islam and prophet of Islam. This book contains 98 academic and nonacademic writings of

renowned Pakistani academicians, journalists and religious scholars. The book tells us that

there is need to limit the boundless freedom of speech otherwise it creates swear conflicts

between Islam and the west. This book was published in 2013 by „Ilm-o-Irfān publishers.

XI. Researcher’s Contribution: According to my research and query there is no specific

academic work on the comparison of freedom of expression in Islamic and Western

perspectives till 2012. Thus, I try to compare both thoughts on this significant issue including

other relevant concepts. Moreover, I shall try to find out the similarities and dissimilarities of

the Islamic and the Western thought on this significant theme. Moreover, I shall mention the

limits and principles and their impacts. Side by side it is revealed that Freedom of Expression

and Blasphemy of the Prophet ملسو هيلع هللا ىلص is a major conflicting issue between Islam and the West

because both groups are not ready to compromise on their stand points. Additionally, it is

assumed the modern international legal discourse is inadequate to eliminate them but

sometimes lack of laws provides a kind of assistance to increase the issue of Islamophobia

and Blasphemy. So, I shall discuss its reasons and impacts on Islamic and Western societies.

05.5. Structure of the Research:

This research consists of five chapters with an abstract, conclusion, bibliography and indexes.

In the following lines we shall mention the important contents of the study:

I. Preface: Introduction to the Study: It is preface of the research and introduce to the

study in detail. I shall try to discuss in this preface some introductory issues. The Preface

deals with Introduction, Background, Research Questions, Literature Review, Objectives,

Research Methodology and Limitation of the Research etc.

II. Chapter no.1: Freedom of Expression: Meanings and Concepts: This chapter defines

the meanings and concepts of the freedom of speech in Islamic and Western contexts.

31


s

Therefore, we have discussed meanings and definitions of the term of freedom of expression,

the main areas, types of the free speech, and major sources of freedom of speech in Islamic

and Western thoughts and compare both concepts.

III. Chapter no.2: Principles and Limits of Freedom of Speech: The second chapter deals

with principles and limits of the freedom of expression in Islamic and Western thoughts. We

mentioned Islamic limits and restrictions on the freedom of expression, secondly, the

limitations in the Western thought by different legal instruments, instructions of scholars and

constitutions of the Western World. In the end I have compared the limits of free speech.

IV. Chapter no.3: Contemporary Approaches towards Free Speech: This chapter

discusses the contemporary approaches from the perspectives of Islam and the West about

freedom of expression. In this chapter I have discussed three selected approaches of Islamic

thought about freedom of speech. Then, I have discussed the major approaches from Western

thought of free speech and tried to compare them with Islamic approaches.

V. Chapter no.4: Major Impacts of Freedom of Expression: The last chapter of the

research discusses the major impacts of free speech in Islamic and Western perspectives. In

the first part of this chapter I have discussed some selected political, social and moral impacts

of freedom of speech in Islam, while the second part deals with the selected political, social

and moral impacts of free speech in the west. At the end I compare impacts of both thoughts.

VI. Findings: Conclusions and Recommendations: In concluding part of the study, I have

discussed important results and findings of the research with most significant

recommendations and suggestions.

05.6. Limitations of the Research:

As it is clear from its title, this study is an analytical comparison of the Islamic and

Western thought in contemporary sociopolitical context. As such, historical, legal and media

study is not part of this research but sometimes it will be discussed along with my topic‟s

needs and requirements. Especially, when I will discuss the limits of freedom of speech and

blasphemy issues I will elaborate the legal discourse as well. Presumably, freedom of speech

and expression is a contemporary trend and phenomenon of the Modern Western thought, but

now it get boom in the Muslim world and Islamic thought correspondingly. Therefore, I have

focused on contemporary Islamic and Western literature, but sometimes I consult history for

critical analysis of both thoughts, Islamic and the Western.

Riaz Ahmad Saeed PhD Scholar

Institute of Islamic Studies University of the Punjab, Lahore

Chapter no. 1 Freedom of Expression:

Meanings and Concepts in Islamic and Western Thought

33 Chapter no. 1: Freedom of Expression: Meanings and Concepts

Freedom of Expression:

Meanings and Concepts in Islamic and Western Context

Freedom of expression has become one of the most noteworthy and hot issues in modern

Islamic and Western thought. Due to its importance and controversy it has become one of the

most common and much used contemporary sociopolitical terms. Both Islamic and Western

thoughts consider it an essential basic human right throughout the history. There are many

important documents regarding the freedom of expression, which can be put forward as

evidences in legal, historical and socio-political perspective of Islam and the West. However,

there is no specific and unanimous definition of the freedom of expression. Every school of

thought is, at liberty to define it, according to its own perspective. Therefore, a renowned

Islamic scholar Prof. Dr. Hāshim Kamālī assumes;

“Since freedom can apply to competing or even conflicting interests, it tends

to defy the idea of a comprehensive definition of freedom. Which is precisely,

why there is no clear definition of freedom of expression? There are of course,

many attempts by writers, commentators to define freedom. Yet they are all

open to some level of uncertainty and doubt”.1

This statement tells us that freedom of expression has a variety of definitions and there is no

agreed upon definition in Islamic and Western context. Thus, there are numerous definitions

of freedom of expression in Islamic and Western literature. At this point, the researcher shall

try to elaborate the meanings and concepts of the freedom of expression in the Islamic and

the Western perspectives.

1.1. Freedom of Expression in Islamic Perspective:

Islam considers freedom of expression as an imperative and a fundamental human right. The

Quran discusses its principles briefly. There are many verses of the Quran, Aḥādīth of the

Prophet Muhammadملسو هيلع هللا ىلصand terms of Islamic Fiqh, which guide us to describe the freedom

of expression, its meanings, significance, principles and limits. Islamic scholars of different

fields define the freedom of expression in different ways. Some important definitions of the

freedom of expression, thought and speech are as follows;

1.1.1. Meaning of Freedom of Expression and Speech: The Arabic word

Ḥurrīyyah al-Ta„bīr or al-Ra‟ī (حریة التعبیر او الرأي) is used for the term of freedom of

expression in Islamic literature and Arabic dictionaries in the Islamic perspective. Ḥurrīyyah

1Kamālī , Freedom of Expression in Islam,8.


al-Ta„bīr or al-Ra‟ī‟ is a combination of two words: Ḥurrīyyah, means freedom and liberty

and al-Ta„bīr or al-Ra‟ī‟ means expression or speech. An important Arabic-English

dictionary, Al-Mawrid Al-Wasīṭ defines it alike, “Ḥurrīyyah al-Ta„bīr means freedom of

speech, expression and freedom of opinion etc.” 2 There are a number of other words and

terms that are used to describe the term freedom of expression in Islamic perspective.

According to sheikh „Abdul Jalīl Yaḥyā Farās, in Arabic freedom of expression means, “The

Term Ḥurrīyyah al-Ta„bīr has many synonyms, like Ḥurrīyyah al-Ta„bīr, freedom of

expression, Ḥurrīyyah al-Qawl (حریة القول) freedom speech, Ḥurrīyyah al-Baḥath (حریة البحث)

freedom of conversation and every term expresses almost the same meanings”.3 In Arabic

language and literature the above mentioned three terms have the same literal meanings and

usage from Arabic to English language.

I. Meaning of al-Ḥurrīyyāh (الحریة ) (Freedom): In the basic Islamic sources, the Quran and

Ḥadīth, the word Ḥurrīyyāh is not used, but it is derived from the word Hurr or Taḥarrur, it

means freedom or liberty from slavery and bondage. The Qurānic uses of the word are alike;

“O believers, the law of equality is prescribed to you in cases of murder: the

free for the free, the slave for the slave, the woman for the woman”.4

Furthermore, Ḥaḍrat „Abdullah bin „Abbās (RA5) narrated in a Ḥadīth of the Prophet (ملسو هيلع هللا ىلص);

The law of Qiṣāṣ6 (the capital punishment) was only prescribed for the children

of Israel, but Dīyyat7 (blood money) was not ordained for them as alternate, so

Allah says: "O believers! The law of al-Qiṣāṣs prescribed for you in cases of

murder: The free for the free, the slave for the slave and the female for female”.8

Al-Ḥurrīyyah has many meanings and synonyms in Arabic; some important ones are as

follows; According to an Arabic Dictionary: “Al-Ḥurrīyyah means Purity from any kind of

deficiency and slavery”.9According to a leading Islamic scholar Muhammad „Ammārah

views, “In Arabic language al-Ḥurrīyyah (freedom) is used against slavery. Therefore, the

2Munīr Ba‟llbakkī and Rohī, Al-Mawrid Al-Wasīṭ (Beirut: Dār al-„Ilam li al-Malāyīn, 1981), 292.

3„Abdul Jalīl Yaḥyā Farās, “Ḥurrīyyat al-Ta„bīr kamā Qarrahā fi al-Quran”, Research Journal of al-Ambār

Islamic University, Iraq1:3 (2009):149-194. 4Sūrah al-Baqarah 2:178.

5RA: It is abbreviation of Arabic term, Radī Allah Anhu, means may Allah be happy with him or her and mostly

used with names of the Companions (Sehāba) of the Prophet Muhammad (ملسو هيلع هللا ىلص). 6Qiṣāṣ: Meaning Revenge according to Islamic law if the family of the killed person does not agree on getting

the Blood money (Dīyat) then the killer will be punished to death in equally revenge of this murder. 7Dīyat: In Islamic law, it is the blood money which is paid by the family of killer to the family of Killed person

as a fine and penalty. 8Bukhārī, Muhammad bin Ismā„īl, Al-Ṣaḥīḥ Al-Bukhārī (Riyadh: Darussalam,1997),Ḥadīth no.25.

9Ibrahim Muṣtafā (ed.), Al-Mu„jam al-Wasīṭ (Istanbul: Dār al-Da„wah, 1988), 1:165.


Quran says, “The free for the free and the slave for the slave (al-Baqarah 2: 178)”.10

In Urdu

and Persian dictionaries the term Ḥurrīyyah al-Ra‟ī is used for freedom of expression.

According to an authentic Urdu Dictionary; “Ḥurrīyyah means Āzādī, Independence,

independence from slavery and Ra‟ī means consultation, thought and suggestion, etc.”11

Therefore, it is perceived that in classical Arabic literature, dictionaries, encyclopedias as

well in primary Islamic sources; Quran, Hadīth and Fiqh the word „Ḥurrīyyah‟ is used for

liberty as an opposite of slavery.

II. Meaning of (الرأي) al-Ra’ī (Expression): In Islamic perspective, in Arabic and Urdu

languages the word al-Ra‟ī (الرأي) is used for expression or speech. There are many synonyms

used for al-Ra‟ī (expression) for example al-Qawl (Speech), al-Baḥath (discussion), al-Fikr

etc. The word al-Ra‟ī is used for many meanings and objectives.

The Classical Arabic dictionary Lisān al-Arab defines it in this way: “It means

views and thinking about different issues and it is opposite of self-evident”.12

While

Qāmūs al-Muḥīṭ states, “Views and thinking in different issues”13

According to

Imām Ibn al-Qayyīm, al-Ra‟ī (expression) means that which is known by heart not

by eyes”. 14

Imam Zarkashī says; “The exegetes (Mufassirīn) used the word al-Ra‟ī

as opposite of al-Naṣ (the text of the Quran and Ḥadīth) to understand the Quran and

the only opinion to understand the Quran is not a good approach”.15

In Arabic context, classical and modern literature the word Ḥurrīyyah al-Ta„bīror al-Ra‟ī

is used to determine the term freedom of expression and speech, which (حریة التعبیر او الرأي)

means liberty to express, discuss , criticize and hold the ideas according to one‟s will and

choice. Therefore, it can be supposed that the Arabic word (حریة التعبیر او الرأي) mentions the

roots of the concepts and its importance in Islamic context that freedom and its related

concepts are not the new one in Islam.

1.1.2. Definitions of Freedom of Speech in Islamic Context: As it has been

discussed earlier, in Islamic and Western perspectives, there is no specific and agreed upon

definition of freedom of expression. Some scholars try to define it according to their own

interest and requirement, but they can‟t make an agreement on its definition. So, there is

found a variety of definitions of freedom of expression in academic discourse. Different

10Muhammad „Ammārah, Qāmūs Mustalaḥāt al-Iqtiṣādiyah al-Islāmīyah (Egypt: Darussalam, 2009), 100.

11Mawlavī, Feroz al-Dīn, Feroz al-Lughāt (Lahore: Feroz Sons, 1994), 551-671.

12Al-Afrīqī, Mukarram bin Manẓūr, Lisān al-„Arab (Beirut: Dār al-Fikr, 1986), 3:8-13.

13Feroz Ābādī, Muhammad bin Y‟aqūb, al- Qāmūs al-Moḥīṭ (Beirut: Dār al-Fikr, 1982), 1275.

14Ibn al-Qayyīm , Muhammad bin abī Bakr, al-Jaowzī, E„lām al-Mu„awiqīn„un Rabbi al-„Ālamīn (Beirut: Dār

al-Fikr,1976),1:60. 15

Zarkashī, Badar ud Dīn, al-Burhān fi „Ulūm al-Quran (Beirut: Dār al-Fikr, 2001), 2:150.


Islamic scholars mention different definitions due to its being a modern term. Here, the

research will try to present the definitions of some particular Islamic scholars as well as from

some selected dictionaries, encyclopedias and thesauruses.

According to Dr. Muhammad Suleiman al-Hagīl comments;

“Freedom of thought and expression means that a person can have complete

freedom in saying the truth and advice in all worldly and spiritual matters for

the purpose of serving the benefit of the Muslim Ummah( Community) and

protect the interest of both the individual and the community( Humanity)”.16

A well-known Islamic scholar Dr. „Abdul Wāḥīd Wāfī states;

“Human freedom means the announcement of the judgment of the given path

and search between the people and to defend his opinion without restriction or

influence because freedom of expression is the logical fruit produced by the

common sense as freedom of thought does not mean anything unless

accompanied by freedom of expression”.17

Prof. Dr. Hāshim Kamālī legally maintains it as;

“Freedom of expression includes freedom of the press and the liberty to

communicate ideas in all forms including books, pictures, signs, and other

means of communication. The purpose may be to inform, to persuade, to

convince others, to reveal the truth, or to clarify or eliminate the doubt”.18

A contemporary young Islamic scholar Mr. Ali Mummed Bhat defines it in a better way;

“Freedom of expression means the right of an individual to prefer the stance

about certain public or private issues and express them before others avoiding

such words or actions which are obscene, immoral or harmful for human

being”.19

From the above definitions, it can be grasped that the scholars are not agree up on a single

definition of the term freedom of the expression because of the involvement of one‟s likes

and dislikes and different social and political perspectives. According to researcher‟s humble

opinion, freedom itself is also a core issue in a contemporary intellectual Islamic and Western

world that has to reach on one consensuses definition of the term. But I think this may not

possible due to contradictions, clashes and differences between Islamic and Western views.

16Al-Hagīl, Selman „Abdurreḥmān, Human Rights in Islam and Refutation of the Misconceived Allegation

Associated with these Rights (Riyadh: Imam Muhammad bin Saud Islamic University, 1999), 61. 17

Wāfī, „Abdul Wāḥid, Ḥuqūq al-Insān fi al-Islam (Cairo: Nahza Publishers1989), 80. 18

Kamālī, Freedom of Expression in Islam, 9. 19

Bhat, “Freedom of Expressing from an Islamic Perspective”,72.


When we analyze the above definitions in an Islamic perspective, some points are

common. Every scholar tries to define it in his special perspective. A notable majority of

scholars are agreed upon on the theme that Islam grants freedom of expression, including the

freedom of religion, thought and speech in every form of communication. Every scholar

agreed on the point that Islam gives these freedoms with limits, terms and conditions on the

ethical and legal basis. In my point of view; Dr. Kamālī‟s definition is more comprehensive.

His definition illustrates the right of expression in any form of communication without any

irrelevant restraint and bounds it with ethical and legal parameters. In one hand he bounds it

with legal and ethical limits and other hand opens it free until it damages the legal, social and

religious norms and boundaries.

1.2. Main Areas of Free speech from Islamic Context:

Various Studies and interdisciplinary researches show that freedom of expression has some

major areas or types to understand and explain this term deeply. Even The primary sources

of Islam; the Holy Quran, Nobel Ᾱhādīth and Sunnah 20

of the kind Prophet (ملسو هيلع هللا ىلص) and fiqh(

Islamic jurisprudence) literature also discuss some important areas of it. Freedom to criticize

is an important type of freedom of expression. In Islamic teachings, every Muslim is a part of

Islamic state and society has the right to criticize the government, especially when a

government crosses the limitations of the constitution or its authority, but this critique should

be positive, as the basic principle of Islam is the cooperation in goodness and virtues. At

more than one place of the Holy Quran Almighty Allah command the believers likewise;

“And cooperate in righteousness and piety, but do not cooperate in sin and

aggression. And fear Allah, indeed, Allah is severe in penalty”.21

The beloved Prophet (ملسو هيلع هللا ىلص) considers the best people who are the best for others in ethics,

morals, conduct and helping. Therefore, the Prophet ملسو هيلع هللا ىلص says in this regard, “The best

among you, who are the best for other people”.22

In some other judgments of the Prophet

commanding good and forbidding from evil is also considered a virtue. Thus, it is the ملسو هيلع هللا ىلص

best principle of Islam. The Muslim scholars also have their valuable views on this important

subject and Islamic principle. Many Muslim scholars categorically describe this issue in

20Ḥadīth and Sunnah: In Islam Ḥadīth means sayings of the prophet (ملسو هيلع هللا ىلص) and Sunnah means conduct and

actions of the Prophet (ملسو هيلع هللا ىلص). Some scholars differentiate between Ḥadīth and Sunnah and some consider them

same. In this Study we consider the Sunnah and Ḥadīth same. 21

Sūrah al-Mā‟idah 5:2. 22

Musnad Shahāb , Hadīth no.1234.


many valuable ways. Among them one the most leading scholar of the 20th

century Mawlānā

Mawdūdī interprets it in the Tafhim al - Quran;

“This obligation of inviting people to righteousness and forbidding them to

adopt the paths of evil is incumbent on all true Muslims. If any government

deprives its citizens of this right, and prevents them from performing this duty,

then it is in direct conflict with the injunction of God”.23

An Islamic state cannot impose sanction on the freedom of expression until it crosses its

limits against the established principles of freedom of expression. A partial moderate

Pakistani Islamic scholar Dr. Muhammad Ṭāhirul-Qādirī argues, “In an Islamic society after

the declaration of Almighty Allah as the only Sovereign authority, no one has authority to

ban freedom of expression for the sake of like or dislike of a personality”.24

Right to freedom

of speech and expression can only be granted, limited and prohibited by Sharī‟ah, not by any

other legislation. Professor AM Bhat comments, “In Islamic legal discourse, freedom of

speech and expression is controlled only where the failure to do so would result in harming

the cause of truth and defaming other societies and their sentiments”.25

In the following, the researcher will try to explain some important areas of freedom of

expression to show how much variety of the freedom of speech is provided by Islam long

before the world could know of the name and concept of free speech.

1.2.1. Freedom of Religion: Freedom of religion is an important area of freedom of

expression in an Islamic perspective which gives a person freedom of religion without any

restriction. Allah, the Creator of the human being, describes this important right in the

Quran; “There shall be no compulsion in the religion (al-Baqarah 2:256)”. According to this

verse there will not be any compulsion on a person to accept Islam. Islam grants him freedom

of religious conscience and freedom at all. According to Syed Mawdūdī comments, “If

somebody does not accept Islam, Muslims will have to recognize and respect his decision,

and no moral, social or political pressure will be imposed on him to change his faith”.26

According to the Quran, Muslims are forbidden to argue with non-Muslims in an aggressive

and non-wise full way in religious matters. But they are advised to argue with them in wise

full and decent manners. It is a most favorite subject of the Islamic teachings. The Holy

Quran and Hadīth of the Prophet describe it with full spirit and details. ملسو هيلع هللا ىلص. Even the

23Mawdūdī, Syed Abū al-A„lā, Tafhīm al-Quran (Lahore: Tarjumān al-Quran Publishers, 2003), 2:215.

24Qādirī, Muhammad Ṭāhir, Human Rights in Islam (Lahore: Minhāj Publications, 2004), 309.

25Bhat, Freedom of Expressing from an Islamic Perspective, 70.

26Mawdūdī , Human Rights in Islam,28.


classical Fiqh literature of Muslims is also describes its particulars. Here, Almighty Allah

states in the l Quran about principles of conversation and dialogue with People of the Book;

“And do not argue with the People of the Scripture except in a way that is

best, except for those who commit injustice among them”.27

Many wistful Ᾱhādīth of the Kind Prophet ملسو هيلع هللا ىلص is very clear on this sensitive issue. The Holy

Prophet ملسو هيلع هللا ىلص ensure the security of the non-Muslin citizen in a Muslim society likewise,

"One who kills a man under covenant (i.e. a dhimmῑ) will not even smell the fragrance of

Paradise".28

The historical peace charter of (Madīna (Methāq-e- Madīna) of the Wise Prophet

with Jews provides ever last security to the non-Muslim minorities in an Islamic state ملسو هيلع هللا ىلص

including freedom of religion in any case. According to the Historical collection of Prof. Dr.

Muhammad Hamīdulah on (Methāq-e- Madīna;

“And the Jews of Banû „Aw‟f shall be considered as one political community

(Ummat) along with the believers-for the Jews their religion, and for the

Muslims theirs, be one client or patron. He, however, who is guilty of

oppression or breach of treaty, shall suffer the resultant trouble as also his

family, but no one besides”.29

Even the Quran takes a step furthers more and orders Muslims not to abuse the false Idols,

“And do not insult those they invoke other than Allah, lest they insult Allah in

enmity without knowledge”.30

These verses also make sure that Islam is a religion of peace and was not spread by

force. So, this is an invalid question and biased attitude from the Orientalists31

that Islam has

spread by force. The adequate response is given by the prominent Historian De Lacy

O‟Leary, “History makes it clear, however, that the legend of fanatical Muslims sweeping

through the world and forcing Islam at the point of the sword upon conquered races is one of

the most fantastically absurd myths that historians have ever repeated”.32

Hence, these clear

evidences show that Islam is a religion of peace and grants complete freedom of religion to

non-believers. The Muslim role in many parts of the world is also an evidence of this fact that

Islam does not force or compel anybody to embrace Islam.

27Sūrah al-„Ankabūt 29:46.

28Sahīh Bukhārī, Hadīth no. 945.

29Muhammad Hamῑdullah, The first written constitution of the world (Delhi: Nassir Books, 1996), Article no.25.

30Sūrah al-An‟ām 6:108.

31Orientalists: The Scholarly knowledge of Asian cultures, languages and people, Orientalism has often been

defined as the study of near and far Eastern societies and cultures, by Westerners especially in Islamic context. 32

De Lacy O‟Leary, Islam at the Cross Road (London: AMS Press Inc., 1981), 8.


1.2.2. Freedom of Thought: In Islamic perspective, freedom of thought is the most

significant issue because many other obligations depend upon it. Islam gives the right to

everybody in an Islamic state that one may describe his opinions according to his conscience

and thought freely. Every citizen of the Islamic state and society has right to differ from

others including government authorities on valid arguments. Thus, Almighty Allah ordains

to the believers to obey Allah and his prophet in religious matters and in case of difference

return it to the revealed scriptures;

“If ye differ in anything among yourselves, refer it to Allah and His

Messenger, if ye do believe in Allah and the Last Day”.33

Here one issue is most notable and mandatory that in Islamic freedom of thought and

expression one may differ from others including higher government and intellectual

authorities on any issue of socio-political , economic and religious , but one may not differ

from the fundamental sources of the Sharī„ah (the texts Quran and Sunnah). Because these

from almighty Allah, the supreme Lord of the universe. An Islamic scholar writes,

“Obviously this Qurānic text anticipates the possibility of dispute arising between the ruler

and his subjects, and it affirms that the duty of obedience does not overrule the rights of

citizens to take issue with their leaders and the government”.34

This valuable statement also

assumes that any the citizen right of difference of view and freedom of speech cannot be

violated in any case. When Almighty Allah grants them a right to differ them then how it can

be violated or dismissed from any authority of this world. Therefore, Allah invites the people

to think freely about their Creator and other sings of the universe frequently;

“Do any of you wish that he should have a garden with date-palms and vines

and streams flowing underneath, and all kinds of fruit, while he is stricken with

old age, Thus doth Allah make clear to you (His) Signs; that ye may consider”.35

This Nobel Qurānic verse invites people to investigate and explore the universe in a very

comprehensive way. In this way, the Quran gives a person right to think out free opinion in

his search for truth. Thus, Islam grants free thinking with much importance because it is a

gate to reach the truth, which is the ultimate goal of Islam. Many Aḥādīth of the Prophet ملسو هيلع هللا ىلص

defines its importance. Once the Prophet ملسو هيلع هللا ىلص mentioned the importance of thinking and

33Sūrah al-Nisā‟4:59.

34Kamālī, Freedom of Expression in Islam, 65.

35Sūrah al-Baqarah 2:266.


freedom of thought in these words, “Thinking of a moment is better than worship of a

complete night”.36

Imām Abū Ḥāmid al-Ghazālī explains the significance of thought;

“Thinking means to know two wisdoms as a result to get the third wisdom and

the result of wisdom is only knowledge, and practices not anything else

because practice is the result of knowledge and knowledge is the result of

thinking. So, it is known that thinking is the foundation of every virtue”.37

A leading Eastern scholar „Allāmah Muhammad Iqbāl comments in this regard in his well-

known Book, The Reconstruction of Religious Thought in Islam;

“According to the Quran there is a greater objective work in the universe.

These are revolutions of nature that we compel to change ourselves into new

phenomena. So when we try to think and explore knowledge, our lives become

open, multidimensional and our wisdom becomes sharper”.38

This statement is really a landmark judgment regarding Ijtehād in Muslim history. On

the behalf of this most imperative principle, Iqbal presented a principle of movement

in Islam which proved a mile stone for reconstruction of Islamic thought in

Subcontinent specially and in general universally. After it a movement start about

favor Ijtehād and anti-Taqlīd (Blind imitation) in all over the Muslim and this play a

vital role to reconstruct Muslim thought according to modern needs and requirements.

Islam likes freedom of thought and expression because it is a source of exploring

truth and to solve the human issues in circle of the Islamic Sharī„ah. Here, it is also an

important feature of the Islamic freedom of expression that it fixes the Islamic thought in

some fundamental issues but makes it focused and flexible on some important aspects. It

means Islamic thought and approach is at a time flexible and fixed one, dynamic and static. It

depends up on situation and circumstances. For that unique purpose, Islam carries on the

principle of Ijtihād39

to promote freedom of thought in Islamic sociopolitical perspective.

Even in Islamic thought, for that purpose, if a scholar makes a mistake during Ijtihād

unconsciously, then Islam gives him one reward. Here, the Prophet Muhammadملسو هيلع هللا ىلص point

outs some virtues and respect of a judge (Mujtahid) although he has wrong decision. It means

36Muttaqī, „Alāu‟ddīn, „Alī, Kanz al-„Ummāl (Beirut: Mu„assisah al-Risālah, 1979), Ḥadīth no.5710.

37Ghazālī, Abū Ḥāmid, Eḥyā al-„ūlūm a-Dīn (Beirut: Dar ul Fikr , 1980),4:601.

38Iqbāl, Muhammad, „Allāmah, The Reconstruction of Religious Thought in Islam (Lahore: Institute of Islamic

Culture, 1986), 21. 39

Ijtihād: It means personal reasoning. The Islamic scholars define it as; the utmost efforts of an Islamic expert

to solve the question which is not explicitly mentioned in the Quran and the Sunnah of the Prophet ملسو هيلع هللا ىلص, in the

light of Quran and Sunnah. In other words, the focus of Ijtihād is the area in which Quran and Sunnah are quiet;

one should use his intellectual power and experience to reach an opinion that does match with the spirit of

Islamic teachings.


here decision does not matter but means his struggle and intention towards making decision.

Here, Almighty Allah grants him a virtue on the basis of intellectual hardworking and efforts.

“If a judge makes a ruling, striving to apply his reasoning (Ijtihād) and he is

correct, then he will have two rewards. If a judge makes a ruling, striving to

apply his reasoning and he is mistaken, then he will have one reward”.40

Therefore, due to the above discussion, it is clear that Freedom of thought has a vital place

and key role in Islamic teachings. Freedom of thought has a very close relation to the

freedom of speech because freedom of thought is the foundation brick of freedom of speech.

1.2.3. Freedom of Association: Freedom of association is another significant part of

the Islamic freedom of expression. Islam likes collectiveness or unity and appreciates

collective activities rather than individual one. Therefore, The Nobel Quran gives freedom of

association to a person for good purpose. The Quran grants this precious right and liberty as

an objective. Almighty Allah, the lord of the universe expresses it likewise;

“You are the best of peoples, evolved for mankind, enjoining what is right,


Syed Abūal a„lā Mawdūdī says in his exegetical note on the verse;

“This clearly indicates that if the entire Muslim nation collectively begins to

neglect its obligation to invite people to goodness and forbid them from doing

evil then it is absolutely essential that it should contain at least a group of

people which may perform this obligation”.42

Freedom of association for peaceful purpose is an essential and integral part of human life.

Therefore, Islam accepts this fundamental right for people‟s welfare and social development.

Hence, Allah recommends it in the Holy Quran more likely;

“Let there, arise out of you a band of people inviting to all that is good, enjoining

what is right, and forbidding what is wrong: They are the ones to attain felicity”.43

The Kind Prophet (ملسو هيلع هللا ىلص) also approved this very imperative right of a person in his

wise hadith; “The hand of Allah is on the Community”.44

Here, Muhammad Hāshim Kamālī

comments seem most worthy, “The right to peaceful association naturally follows as an

integral part of freedom of speech and expression. The Sharī„ah takes an affirmative stand on

40Muslim, Imām Muslim bin Ḥajjāj al-Qushayrī, Ṣaḥīḥ Muslim, (Riyadh: Darussalam, 2007), Ḥadīth no.1791.

41Sūrah Āle- „Imrān 3:110.

42Mawdūdī , Human Rights in Islam,30.

43Sūrah Āle-„Imrān 3:104.

44Ṣaḥīḥ Bukhārī, Ḥadīth no.14.


both of these rights and encourages association in purist of lawful objectives”.45

Islam grants

freedom of association all means according to his behavior and interest. Thus we can feel the

Islamic interest in granting freedom of association for the spread of Islamic unity and Dawah

and the establishment of the Islamic welfare state and a modest society. Therefore, Islam

recommends every Muslim in all over the world to keep the Islamic community (association).

It means Islam prefers and sometimes recommends adopting the Islamic association (to join

Muslim community at all) in anywhere Muslim live and working in all over the world. In

this sense Islam presents concept of globalization and universal society since fourteen

hundreds years ago. A verse of the Nobel Quran elaborates it more clearly;

“O mankind! We created you from a single of a male and a female, and made

you into nations and tribes, that ye may know each other (not that ye may

despise (each other). Verily the most honored of you in the sight of Allah is the

most righteous of you. And Allah has full knowledge and is well acquainted”.46

Actually, Islam likes freedom of association and expression and most of the times link

the both for peaceful objectives. Here a Muslim scholar kamāl Wāsfī speaks about freedom

of association in Islamic context in a beautiful way; “Islam does not subscribe to any alliance

other than unity in faith which is sufficient for Muslims. When a section of the Muslim

Community enters into partisan alliance, it is bound to isolate others, and this would

consequently lead to disunity”.47

This statement clearly articulates that Islam appreciate the

freedom of association of peaceful and positive objectives. Another Islamic scholar Hāmid48

Mowlānā relates it to the concept of communication. He clearly states that the concept of

Ummah have deep relationship to the freedom of expression and communication. ;

“The concept of Ummah transcends national borders and political boundaries.

Islamic community transcends the notion of the modern nation-state system: an

Islamic community is a religio-economic concept and is only present when it is

nourished and governed by Islam. The notion of community in Islam makes no

sharp distinction between public and private; therefore, what is required of the

community at large is likewise required of every individual member”.49


46Sūrah al-Hujurat 49:13.

47Kamālī, Muhammad Hāshim, Freedom of Association; the Islamic Perspective, IIUM Law Journal

3:1(1993):23-36. 48

Hāmid Mowlānā: one of the famous Iranian scholars settled in America and has a lot of work on freedom of

expression, press and communication, specially the debate on modern ethics of communication and its impacts. 49

Hāmid Mowlānā, Theatrical perspective on Islam & Communication, China Media Research 3:4(2007):23-33.


The above discussion proves this fact that Islam grants freedom of association for

positive and constructive purpose and also stops and prohibits it for an evil and destructive

purpose. Commonly, it is a misconception or ignorance about Islamic teachings that Islam

does allow any organization or association. According to researcher‟s humble opinion Islam

prohibits only from political disorder resulting chaos and anarchy otherwise all positive

movements and organizations are allowed and appreciated in Islamic state and society.

Moreover, it is added on the behalf of previous discussion that Islam not only allow but most

of the time recommended the collective afflation to work better and safety of distortion.

1.2.4. Freedom of Consultation: According to authentic Islamic teachings, freedom of

consultation is another most significant individual and collective right and liberty. The Quran

grants this essential human right for public welfare. The Prophet (ملسو هيلع هللا ىلص) used to consult his

Companions in most of the matters. The Wise Quran illustrates the process of consultation on

individual as well as public affairs for socio-religious advancement among the Prophet and

his companions, “who consult among themselves (al-Shūrā 42:38).”It means according to

Islamic teachings Consult issues to others weather they are individual or collective, this is

mandatory from Almighty Allah. Islamic Sharī‟ah highly focuses over it. In this Qurānic

verse, Almighty Allah tells about the approaches and practice of the Prophet (ملسو هيلع هللا ىلص) and his

companions that they consulted in all important collective and public matters. The Prophet

himself consulted the important matters with his companions. Ḥaḍrat Abū Ḥurrīyyah (ملسو هيلع هللا ىلص)

narrates in a most famous Ḥadīth; “I have not seen anyone to more diligent in consulting the

companions then the Prophet (ملسو هيلع هللا ىلص) himself”.50

This Hadith of the kind Prophet ملسو هيلع هللا ىلص

narrates about the most beautiful habit of the prophet ملسو هيلع هللا ىلص that they consulted issues most of

the times to his companion and sometimes we observe they consult his most important

personal issues to his closer companions. This behavior shows the importance of consolation

and freedom of consultation in Islam. In Islamic teachings the sphere of consultation is

spread from individual to public. Hāshim Kamālī writes about consultation;

“Being one of the salient principles of the government as prescribed in the

Quran is Shūrā requires the head of state and government leaders to conduct

community affairs through consultations with community members”.51

Keeping in view, in golden Islamic history the caliphate era was the classical age of

freedom of consultation, while the prophet‟s era ملسو هيلع هللا ىلص was the most important era to establish

50Tirmidhī, Muhammad bin „Īsā, Jām„al-Tirmidhī (Riyadh: Darussalam, 2007),Ḥadīth no.1714.



the basic principles of Islamic welfare state, but actually this state was got boom in the era of

righteous caliphate. Mawlānā Ḥāmid Anṣārī comments on the age of the Caliph Hadhrat

„Umar (RA) in this way; “The age of Ḥaḍrat „Umar (RA) was the excellent age for freedom

of expression and consultation. It is his approach to call people in Masjid of the Prophetملسو هيلع هللا ىلص,

when an important issue needed to be consulted. Every person could express his opinion

freely, in front of the caliph. He incorporated the spirit of common consultation in the Islamic

government”.52

The institution of consultation in Islam is the oldest one and Islam

recommends consultation to each and every one, even the prophet ملسو هيلع هللا ىلص also arrange the

quality consultation in his blessed time period. According to Imam Ibne Taimīyyah‟s view;

“Allah commanded the Prophetملسو هيلع هللا ىلص to consult the companion; despite he was the

beneficiary of the divine revelation. The Qurānic command is not more concerned

about the later Muslim generation, who would have no longer the Prophet among

them, nor could they have had a straight contact with the divine revelation.”53

This is also a fact and principle during consultation every one defend his own point

of view and reject other‟s one but here Islam draw a boundary and provides guidelines that

everyone has a right to consult and discuss but the exertive of the state or organization has a

right to choose any one of the opinion or merge many of them. In Prophet‟s ملسو هيلع هللا ىلص Era we find

many examples of it and even Quran point out this important aspect of the process of

consultation. The Quran guides the Prophet ملسو هيلع هللا ىلص during process of consultation. This verse

of the Quran one side recommends consultation on the other side binds it with self-decision.

“And make counsel with them in the affair; so when you have decided, then

place your trust in Allah; surely Allah loves those who trust”.54

An Islamic scholar J'afar Subhani interprets this verse of the Quran in the subsequent context;

“In the consultation sessions, it is common to express differing views. Each

person tries to defend his own ideas and to condemn those of others. There

must be a strong manager present who could gather all views and adopt the

best view, or else such sessions would be fruitless”.55

This and many other evidences show the concept and practice of freedom of

consultation in the Islamic state and society remained peculiar from its very beginning. It is

also stated that Islam opens the door of quality consultation from individual to state and

52Anṣārī, Mawlānā Ḥāmid, Islam ka Niẓām-e-Ḥukūmat (Lahore: al-Faisal Publishers, n. d.),112.

53Ibn Taymīyyah, Taqī al-Dīn, Al-Sīyāsah al-Sharī„ah (Cairo: Dār al-Kitāb al-„Arbī, 1951), 169.

54Sūrah Āle-„Imrān 3:159.

55Jaa‟far Subhānī, Leading the Ummah, (Trans; Mahmud Farukpy)( Iran: ABWA Publishers, 1415AH), 35.


family to society equally. For that purpose Islam binds the leaders of community and

guardians of the family that they arrange quality consultation in the spheres to remove

conflict and establish stability and peace.

1.2.5. Freedom of Writing: It is historically proven fact that Islam awards right for a

person to write and read freely. Islam considers it as an important part of freedom of

expression in Prophet‟s reign and in the Modern era as well, because this is an age of

information, writing and publishing due to globalization. We find the first revelation of the

Quran is related to this right. It means Islam gives much importance to the freedom of

writings because the first revelation begins with it.

“Proclaim! In the name of thy Lord, Who created- Created man, out of a clot of

congealed blood: Proclaim! And thy Lord is Most Bountiful, He Who taught the pen”.56

The Kind Prophet Hazrat Muhammad ملسو هيلع هللا ىلص strategy on the occasion of the historical and

decisive battle of Badar between Muslims and polytheists of Makkah for prisoners also show

the Islamic interest to promote knowledge and skill of reading and writings. A number of

Ᾱhādīth and Seerah books describe this important story in different styles. A renowned

contemporary Islamic Seerah writer Sheikh Safi ur Rehman Mubarak Puri stated the kind

Prophet ملسو هيلع هللا ىلص decision about the prisoners of the battle of (Ghazwa57

) Badar likewise;

“Another form of ransom assumed an educational dimension; most of the Makkans,

unlike the Madinians, were literate and so each prisoner who could not afford the

ransom was entrusted with ten children to teach them the art of writing and reading.

Once the child had been proficient enough, the instructor would be set free.”58

According to the researcher‟s analysis, there is no single example on the word before

or after that the prisoners of war were freed on the ransom of education. This example

was only established by the kind and beloved Prophet Muhammad ملسو هيلع هللا ىلص. Hence, we

are eager to say that Muhammad ملسو هيلع هللا ىلصhas no parallel in the universe because He is

model of excellence from Allah for whole human kind till the Day of Judgment.

Islam grants every form of rights and liberties in its own way and format, but some

people try to explore it in the light of Western thought which is not a right approach. A well-

56Sūrah al-„Alaq 96:1-5.

57Ghazwa: According to majority of the Serrah writers, Ghazwa is the battle in which the Holy Prophet

Muhammad ملسو هيلع هللا ىلص Himself participated. There were 27 Ghazwāt were fought in the Prophet era. 58

Mubarak Puri, Safi ur Rehmān ,The Sealed Nectar( al-Rahīq al-Makhtūm,( English Translation) (Lahore:

Darussalam, 2006), 324.


known Muslim scholar Prof. Dr. Shafīque Alī Khan writes, “The Islamic concept of thought

cannot and should not be studied in the light of Western ideas both the old and new. Islam

being a unique ideology has its own standards of excellence truth and efficiency, right and

wrong”.59

This important comment illustrates the significance of Islamic concept of freedom

of thought, writing and speech. It is also perceived that Islamic thought is a free and open

minded thought and has its own criteria to differentiate between wright and wrong. Although

Islam appreciate valid arguments but does not blindly follow everything of any thought.

Islam has the richest history of freedom of writing, speaking and intellectual liberty.

A leading Muslim scholar of 20th

century Dr. Fathī Muhammad Osmān writes;

“The rights of free expression and free information cannot be separated from

rights to think and believe (thought). Intellectual and linguistic capabilities

characterize human beings, and thus, the right to form and express opinions

represents an essential manifestation of human merits and of God‟s gifts”.60

The above discussion opens the conversation that Islam is the first in history who

publicly grants the right of writing and readings. Before Islam readings and writing

were limited to the kings, religious leaders and philosophers. The public was an access

to the writings, but with the arrival of the Prophet ملسو هيلع هللا ىلص this right reaches in the access

of ordinary people. So we see that not any single companion of was illiterate.

1.2.6. Freedom of Discussion: Discussion is a most necessary and unique right of an

individual and society. You do not stop any person from the discussion because Allah gives

human being tongue to overstate and discuss the issues. Accordingly, Islam fulfills this most

imperative requirement of a person and gives right of freedom of discussion to every person

with some logical conditions and limitations. Here, Allah commands to the Prophet ملسو هيلع هللا ىلص;

“Invite to the Way of thy Lord with wisdom and beautiful preaching, and

argue with them in ways that are best and most gracious”.61

Not only in preaching and but also in routine matter Islam recommends fair speaking in every

conversation. Allah states in the Quran on another place about fair speaking in this way;

“Speak fair to the people, be steadfast in prayer, and practice regular charity.

Then did ye turn back, except a few among you”.62

59Shafīque, Freedom of Thought and Islam, 35.

60www.usc.edu/schools/college/crcc/private/FreedomOfExpression/Acccesed:18/2/2016.

61Sūrah al-Naḥl 16:125.

62Sūrah al-Baqarah: 2:83.

http://www.usc.edu/schools/college/crcc/private/FreedomOfExpression/Acccesed


The Prophet of Islam, Muhammad ملسو هيلع هللا ىلص said about fair speaking as; whoever believes

in Allah and the Day of Judgment let him say good words or otherwise keep silent”.63

A

renowned Muslim scholar said about this significant human right, “According to Islam, for

freedom of speech, it is necessary to adopt justice and the right way which should consist of

wisdom and consultation, otherwise it will be harmful to the society and the human being”.64

Here, Professor Alagi Yorro opinion is considered to be thought provoking for freedom

lovers. He rightly pronounced about Islamic freedom of expression likely to share;

“Freedom of speech and expression is recognized in Islamic legal theory and is a

component of its incredibly high ethical footings. The objective of speech,

according to Islamic philosophy is to build up love, tolerance, social harmony,

and among members in order to ensure a peaceful coexistence”.65

Keeping in view, Islam believes on quality discussion and laid down some important

principles for that purpose. One of the most vital principle of them is any one may discuss a

matter with negligence or lack of evidence but any person does not allowed to illuminate or

hide the evidence at any cost. The Nobel Book of Almighty Allah leads us towards this

important principle of discussion. Allah pronounces out in the Quran;

“And follow not that of which thou hast no knowledge. Surely the hearing and

sight and the heart, all of these will be asked about it”.66

Sheikh Muhammad Jawad Chrri supports this verse of the Quran from his valuable comments

on this role. He specified about this beautiful principle of Islamic discussion likewise;

“Islam never condemns an individual when he does not believe in a principle

because of lack of evidence; on the contrary, Islam blames a person when he follows

a principle while groping in the dark without illuminating evidence, or when such a

principle is not in accordance with the truth”.67

In the light of above fruitful discussion, it is obvious that Islam, undoubtedly, grants freedom

of expression, but enclose it within some boundaries. Islam only bounds a person to speak for

welfare and goodness. In other words Islam appreciates the valuable discussion, but

discourages cheap, vulgar and hyped discussion. In some word it can be said it is the

fundamental principle of Islam, when you speck good and think because this is the unique

63Ṣaḥīḥ Muslim, Ḥadīth no.4610.

64Mawdûdī, Islam and Human Rights, 97.

65Alagi Yorro Jallow, “Freedom of Expression and Human Rights in Islamic Perspective”, Social Sciences

Research Network, USA (August, 2015), PP.1-8; https://www ssrsn.com/abstract=2644727. 66

Surah Al-Isrā 17:36. 67

Chirri, Muhammad Jawad, Inquires about Islam (USA: The Islamic Center of America, 1986), 6.


gift of God. In other words we can understand that Islam focuses on quality discussion and

expression rather than discussion for discussion or expression. Definitely quality discussion

opens the door of valuable conversation and knowledge and cheap discussion opens the door

of distortion and chaos.

1.2.7. Freedom of Knowledge and information: Freedom of information and

knowledge (dissemination of information) is also another significant field of Islamic freedom

of expression. Islam likewise grants freedom of knowledge and information to everyone for

social and religious betterment. Islam awards freedom of information with some conditions.

The unlimited or unrestricted freedom of information and discussion is not appreciable in

Islamic teachings. Thus, a famous Muslim scholar Prof. Dr. „Abdul Ḥaiyy Madanī writes;

“In Islam, freedom of expression and information is a basic human right. Islam

condemns spreading lies and false stories as well as passiveness and

reluctance when the truth should be spoken and be highlighted”.68

Many places in the Holy Quran Almighty Allah commands to believers for seeking of truth,

“Confound not truth with falsehood, nor knowingly conceal the truth (Al-Baqarah 2:42)”.

This is clearly meant that Islam allows any kind of knowledge and quires to search and

support the truth. Otherwise the information can be fake or wrong which is a not preference

of Islamic freedom of knowledge and information.

According to the Islamic scholars, this verse is a strong argument to seek authentic

information from everywhere. So this verse is a clear evidence of freedom of information and

knowledge in Islam. A leading Islamic scholar, Imam Rāzī comments interprets;

“This verse represents the rational need for the ignorant to refer to the

knowledgeable. Since the people of the Abrahāmic faith was educated in

answering questions regarding the existence of the messengers and the

Prophets before the Prophet (ملسو هيلع هللا ىلص), God has commanded the polytheists, who

are doubtful on this issue, and refer to people of book for their knowledge”.69

It is also a significant role of Islamic freedom of knowledge and information that Islam

recommends an important sanction over that if an individual receive some important

information, he does not share before authenticity or discussion with the authorities of related

to this matter. The Honored Quran describes it as an important Islamic principle of getting

knowledge and spread information. The Quran speaks;

68Madanī, „Abdul Ḥaiyy, “Freedom and Its Concept in Islam, Conference on Humanities”, Historical and Social

Sciences 17 (2011): 116-121; www.ipedr.com/vol17/21-CHHSS%202011-H10000. 69

Rāzī, Muhammad Fakhar bin Umar, Mafātiḥ al-Ghayb (Cairo: Dār al-Ghadh Arabī, 1991), 7:112.


“And when there comes to them information about security or fear, they spread it

around. But if they had referred it back to the Messenger or to those of authority

among them, then the ones who draw correct conclusions from it would have

known about it. And if not for the favor of Allah upon you and His mercy”.70

As it is mentioned before that the first revelation to the Prophet (ملسو هيلع هللا ىلص) in the cave of

Ḥirā also states the necessity of knowledge and information in Islam. The Prophet

Muhammad (ملسو هيلع هللا ىلص) also recommended the seeking of knowledge compulsory for every

Muslim men and women. According to a Ḥadīth, to get knowledge is an obligation, “Seeking

of knowledge is an obligation on every Muslim”.71

Another wise hadith of the beloved Prophet

,deals with this issue most properly, “The wise saying is the lost property of the believer ملسو هيلع هللا ىلص

so wherever he finds it, he has a right to get it”.72

It‟s clearly means Islam permits the right of

knowledge for everyone but with this consideration that it must not be a purposeless

knowledge and may not be used to harm other.

1.2.8. Freedom of Criticism: In Islamic religious context, right to criticize for positive

and constructive purpose is a basic right and duty of a Muslim believer. Islam binds this

important right with some objectives and limits because without proper limitations this right

may harm others. The Respected Quran expresses it in many verses;

“The Believers, men and women, are protectors one of another: they enjoin

what is just and forbid what is evil”.73

Islam considers freedom of criticism a great responsibility. The Prophet (ملسو هيلع هللا ىلص) gives

fundamental right to a Muslim to speak against government‟s bad activities or potical

weaknesses. The Prophet (ملسو هيلع هللا ىلص) declares it a great jihad; “The best form of Jihad is to speak

a word of truth to a tyrannical ruler”.74

In this context, the rightly guided caliphs of Islam

were not spared. Mawlānā Shiblī Nu„mānī in his famous book, al-Fārūq writes, “Once a

person said to „Umar many times during most important public sermon, “O‟ „Umar, be afraid

of Allah”. A person amongst the audience tried to stop that person. Ḥaḍrat „Umar said, “No,

let him say. If these people will not say anything to me then what is the use of them”.75

A

70Surah al-Nisā 4:83.

71Ibn Mājjah, Muhammad bin Yazīd , Sunan Ibn Mājjah ( Riyadh: Darussalam,2008),Ḥadīth no.2687.

72Jām„al-Tirmidhī, Ḥadīth no.2687.

73Sūrah al-Tawbah 9:71.

74Sunnan Abū Dāwūd ,Ḥadīth no.4334.

75Nu„mānī, Mawlānā Shiblī, Al-Fārūq (Karachi: Dār al-Ishā„at, 1991), 331-323.


research article presents a tribute to the Caliph Ḥaḍrat „Umar in this way, “Ḥaḍrat Umar had

given such type of the general freedom of criticism and expression to the people through his

actions and orders that a common person did not hesitate to criticize or object on the Khalīfah

himself”.76

In further proceedings it can be assumed Islam permits freedom of criticism but

take some measures to regulate it for construction of the state and society. Doubtlessly,

criticism is a most vital right and freedom but if we leave it opens it brings chaos and

anarchism in the society rather than a positive feedback and accountability. Here, Moulāna

Waḥīdudīn Khan rightly observes;

“Criticism is not dire; rather it is a means for intellectual development. Without

criticism, intellectual advancement is not possible. The choice before us is not

one between criticism and the lack of it, but, rather between criticism and

intellectual stagnation. If criticism is stopped intellectual progress shall cease”.77

Here, it is again said Islamic ethics of criticism that it mentis some important principles about

criticism and one foremost principles of Islamic criticism it will be positive and for

constructive purpose, not criticisms for criticism or for destructive objectives.

These are some key areas of the right to freedom of expression and speech in the light

of Islamic teachings. The wise Quran not only gives freedom of expression, but it also

encourages the people for freedom of expression to explore and search the truth. The Quran

does not describe the detail of anything but it provides some important principles and basic

law. Ḥadīth of the Prophet (ملسو هيلع هللا ىلص) explain the matters which are described in the Quran

because it is an essential duty of the Prophet Muhammad (ملسو هيلع هللا ىلص). Islam mentions some rules

and regulations of the criticism. The Criticism for the sake of criticism is also not good, but

criticism for constrictive and positive objectives is appreciable. One thing which seems likely

to clarify that some scholars frequently say or raise some questions that in Islamic teachings

these issues are not clearly, but researcher stance is that every era has its own specific phrase

and language, that‟s reason Islam discusses all those issues which are the basic need of

humanity. As all of us know very well, this term is newly invented, but the basic idea is

found in the Islamic history hundreds years before. For example, the basic theme of this

dissuasion or term is that is freedom, its need and requirement for humanity. It is frequently

seen and read in primary sources the word Hurrīya which is exactly similar to freedom. In

any case Islam spread and likes freedom and dislikes or stops slavery.

76http://www.siasat.pk/forum/showthread.php?71894-Caliph-Al-farooq/Accessed:7/5/2014.

77Khan, Maowlāna Waḥīduddīn, Dīn-o-Sharī„at (New Delhi: Good word Books, 2003), 231.


1.3. Freedom of Speech from Western Context:

The Western thought recognizes freedom of speech as a key to human rights and liberties.

They have also difference of opinion in limiting or delimiting the freedom of speech. Some

are of the opinion to limit it with moral and legal authorities, but the majority of Western

scholars opposes to bind or limits the freedom of expression. They consider it a firm base for

other civil rights and liberties. Therefore, Gill Silverman articulates; “Freedom of speech, as

we know it today in America (and as well in Western countries), is a new development: the

right of individuals and companies to say or convey, or observe everything they wish without

interference of government censorship or punishment, barring a cleared exception”.78

They

are very conscious and sensitive about their liberties and rights because they have got it after

a long and hard struggle. Anderson remarks on a historical petition: “Freedom of expression

is the first and last trench in the protection of liberty. All the rights affirmed by the New

Zealand Bill of Rights.79

Acts are protected by that particular right”.80

Therefore, in all over

the West and America specifically and commonly in the rest of the world the right to freedom

of expression is protected by many national and international laws and conventions.

If we try to overview the modern Western literature we find a good deal of books,

articles and essays on the freedom of expression. The Western intellectuals of different

disciplines define the freedom of expression in different styles. They do not agree upon the

meaning of the term freedom. We observe many serious differences on the basic idea of the

freedom in Western context. According to the Encyclopedia of the Field Enterprises;

“The word freedom does not have same meaning worldwide. For example, in

Europe and America today, freedom generally means people have certain

political rights. In India under the influence of oriental philosophy, usually the

freedom means freedom from desire and morally, the freedom means, an

ability to choose between right and wrong and legally the freedom means

liberty in the circle of laws”.81

In East and even in the West, the issue of freedom of expression cannot mold into a final

shape due to some academic, religious, socioeconomic and sociopolitical reasons.

Encyclopedia of Mass communication and Journalism explains it as; “Freedom of speech and

expression is an issue, which for various sociopolitical and economic reasons, have not yet

78https://www.quora.com/why-is-free-speech-important/Accessed: 11/2/2016.

79The New Zealand Bill of Rights Act; The New Zealand Bill of Rights Act (NZBORA)1990 gives a supreme

status to New Zealand‟s Parliament defines the fundamental rights and liberties subject to laws. 80

Moreham Nicole, “Hosking v Runting and the Protection of Privacy”, The New Zealand Law Journal 12:2

(2006):265-267http://heinonline.org/HOL/LandingPage?handle=hein.journals/newzlndlr2006&div. 81

Gordon Carruth (ed.), The Encyclopedia, (Chicago: Filed Educational Co., 1952), 7:428.

https://www.quora.com/why-is-free-speech-important/Accessed


taken the shape it should have assumed. Nonetheless, it is an issue. The more we are aware of

it; the better it is for our society to pursue its democratic principles”.82

However, some

important academic and scholarly meanings and definitions of the freedom of expression and

speech in the contemporary Western perspective are as follows;

1.3.1. Meaning of the Freedom and Expression: As we have earlier illustrated that

the term freedom of expression and speech has not agreed upon definition in all over the

globe and history. Different dictionaries, lexicons, thesauruses and encyclopedias of English

Language define the term freedom of expression and speech in different ways. Some define

the term freedom of expression and speech separately and some define it together. Some

important dictionary meanings of freedom, freedom of expression and speech are as follows:

I. Meaning of Freedom: The Concise Oxford English Dictionary describes the meaning of

freedom in this way; “The condition of free or unrestricted, personal or civil liberty, the state

of being free to act, including four freedoms (freedom of speech and Freedom of religion,

freedom for from fear and want)”.83

According to the Chambers twentieth century dictionary;

“Liberty, frankness outspokenness, including free speech means accustomed to speech

without any reserve”.84

The Black‟s Law Dictionary expresses the meaning of freedom in this

way; “the state of being free, liberty, self-determination, absent of punishment and opposition

of slavery”.85

According to the Oxford Thesaurus, the freedom means liberty; “Freedom,

autonomy, independence, self-determination and sovereignty etc.”86

There are some other important sources that express the meanings of the word

freedom. In addition, we find many words, phrases and synonyms of freedom in various

dictionaries. If we try to sort out the best meaning from the above discussion, then the

meaning of the Concise Oxford English Dictionary is comparatively better than rest of others.

Accordingly, if we try to analyze the definition of freedom of expression in Western language

context, we find that at one particular point is common to all that is, limitless freedom,

freedom without any sanction, limits or bondage. It means Western thought is most sensitive

in the case of freedom of expression and speech including other liberties because they get it

after a long and a stiff struggle in the human history.

II. Meaning of Expression: The words expression and speech are part of the most discussed

term “Freedom of Expression” and have good deal of meanings in English language and

82Kumar S., The Encyclopedia of Mass Communication and Journalism (India: Shubhī Publishers, 2005), 6:8.

83RE Allen (ed.), The Concise Oxford English Dictionary (Oxford: Clarendon Press Oxford, 1990) ,469.

84A M Macdonald (ed.), Chambers 20

th Century Dictionary (London: W&R Chambers Ltd., 1973), 527.

85Campbell Black MA (ed.), Black‟s law Dictionary (London: West Publishing Company, 1991), 1065.

86Urdang Laurence (ed.), The Oxford Thesaurus (Oxford: Clerendon Press, 1992), 246.


literature. The Oxford Thesaurus describes the meaning of expression in this way;

“Articulates, verbalize, voice state, phrase utter, communicate sate, manifest etc.”87

According to Webster‟s Dictionary Thesaurus the free speech means; “Free spoken, speaking

freely without pressure and out spoken etc.”88

The Chambers English Dictionary tells the

meaning of expression in the other way, “The act of forcing out by pressure, the act of mode

or power of representing, or giving utterance, representation or revelation, by configure, or

manner by which anything expressed be it a word or phrase etc.”89

The International

Webster‟s Dictionary states the term expression in this way; “The act or mode representing

any act or object by which some truths or ideas are conveyed”.90

In the view of above discussion the word expression means the way of

communication, talking, discourse or utterance, etc. It means the two words have the same

meanings, although they are different from each other. The meaning of this term by the

Merriam Webster Dictionary is richer than others. According to the Lexicon encyclopedia,

“The communication or expression of thoughts in spoken words, exchange of spoken words,

something that is spoken, a usually public discourse, an individual manner or style of

speaking, the power of expressing or communicating thoughts by speaking”.91

In a general sense the literal meaning of freedom and expression has a variety of

interpretations and meanings, but the basic concept of the term is that to converse freely or

without any restrains. Here, maybe someone object why this detail of the meaning of freedom

of expression is necessary, but according to the researcher views this detail is necessary

because in the next point we shall describe the definition of the term, freedom of expression,

in Western perspective. Hence sometimes the term freedom of speech shall be used as a part

of “freedom of expression”. It means free speech has some other similar terms and words.

1.3.2. Definition of the Freedom of Speech and Expression: Here, it is like a

complement that the research does not find any fundamental similarity in account of the

definitions of the term freedom of expression in the books of the Western political and social

thought. Different scholars of the West define the term freedom of expression or speech in

different ways due to their political, social, legal and moral affiliations and perspectives.

Every scholar and school of thought understands freedom of expression in its specific scope.

87Waite Maurice (ed.), Oxford Thesaurus of English (Oxford: Oxford University Press, 2009), 135.

88Merriam Webster (ed.), Webster‟s Dictionary and Thesaurus (USA: Federal Street Press, 2012), 328.

89Macdonald, Chambers Twentieth Century Dictionary, 504.

90Noah Webster (ed.), International Webster‟s Dictionary (Toronto: Merriam Inc., 1896), 2:448.

91Barnard S. Cayne, Lexicon Universal Encyclopedia (New York: Lexicon Inc., 1988), 1:298.


In the front coming discussion, however, to present the view of the Western thought I will try

to define the term freedom of expression in Western perspective.

The New World Encyclopedia defines freedom of expression in this way;

“Freedom of speech is the capability to speak without any restriction. Also

called freedom of expression, it refers not only to oral speech but any act of

corresponding information or ideas including publications broadcasting,

advertising, Film and the internet”.92

The Black‟s Law Dictionary expresses the meaning of freedom of speech in this way;

“Freedom accorded by the constitution or laws of the state to express opinions

and facts by word of mouth uncontrolled by any censorship or restriction of

government”.93

According to John Stuart Mill the freedom of expression means;

“In the West, freedom of expression means to say what you like, to criticize the

authorities, and to discuss ideas openly and without fear, is agreed to be of

fundamental importance. What there is less agreement about it when this freedom

may be properly curtailed? ”.94

The above mentioned definition on thing equally focused that the freedom of

expression should be minimum limits or without restrictions. Thus, in the contemporary

Western famous discourse any limits or control to freedom is considered as its negative

perspective. According to the Encyclopedia of Philosophy, “We have seen that liberty has its

negative and positive sides-“negative”- referring to the absence of obstructions, interference,

coercion or indirect control, “positive” to the processes of choosing or acting on one‟s own

initiative and more correctly and less formally to the general types of human interests or

forms of activity for the expression and exercise of which liberty is claimed”.95

The study

feels that after and during the beginning of the Renaissance movement in Europe the negative

concept of liberty has become dominant but after renaissances the positive trend of freedom

became dominant due to change in modern Western thought. Therefore, the Encyclopedia

Americana states this fact in this way;

“From the 16th

Century onward Liberty has been considered mainly in its negative

concept as opposition to authoritarian and restraints in Religion Government and

92Leon L. Bram (ed.), Funk and Wagnall‟s Encyclopedia (New York: Funk & Wagnall, 1985), 24:262.

93Campbell, Black‟s Law Dictionary,1065.

94Cartwright Will, “Mill on Freedom of Discussion”, Richmond Journal of Philosophy 15:4 (2003):1-7;

www.richmond-philosophy.net/rjp/back_issues/rjp5_cartwright.pdf. 95

Edwards Paul (ed.), The Encyclopedia of Philosophy (New York: Macmillan & Co., 1967).3:22, 4.


Economics. In this it expresses the philosophy of individualism that found its first

modern expression in the Renaissance and Reformation”.96

The above discussion presents the variety of definitions regarding freedom of

expression in Western perspective. In these definitions there are presented two point of

views, on the one hand, there are the philosophers, who want limitless freedom of

expression and do not accept any kind of moral, legal and social censorship. They take it as a

kind of violation of fundamental rights of the people. As the New World Encyclopedia

defines the freedom of expression; “Freedom of speech is the ability to speak without

censorship or limitation. They also called freedom of expression; it refers not only to verbal

speech but any act of communicating information or ideas, including publications,

broadcasting, art, advertising, film, and the internet”.97

The other group of scholars limits it according to the legal and moral support. As

David H. Bialy defines freedom of expression in this way; “The absence of restraints upon

the ability of individuals or group to communicate their ideas to others, subject to the

understanding that do not in turn coerce others into paying attention or that they do not

invade other‟s rights, which is essential to the dignity of others”.98

Although, a group of the

Western scholars want to limit the freedom of expression for the sake of state and society but

the majority of Western scholars like and propagate the freelance and unlimited theory of

freedom of expression, although practically it is not possible in anywhere in the world even in

the Western world. It is also a proven fact that to cross the limits of freedom of expression is

not only applicable in the Western countries, but even the third world (The Eastern and

African world) is also victim of this controversy. This means every country state, and society

and religion have or should establish some reasonable limits on freedom of speech otherwise

it is difficult to manage the socio-political, moral and socio-religious issues. In this sense, the

Pakistani media mostly play a negative role to present the national image of the state. Mostly,

they present wrong and fake facts. Even some of them have been alleged to be bribed by the

foreign agencies. In the following, I will try to elaborate some important aspects of freedom

of expression to understand different types and areas in Western context.

1.4. Major Western Aspects of the Freedom of Expression:

The Western thought has also a huge variety of freedom of expression and its related areas.

The political, social and legal experts have discussed every possible area of it. According to

96Cayenne, The Encyclopedia sAmericana, 17:303.

97http://www.newworldencyclopedia.org/entry/Freedom_of_Speech/Aceessed:9/1/2014.

98David H Bailey, Public Liberties in the New States (New York: Rand McNally, 1964), 27.


the Encyclopedia of Philosophy; “Freedom in the abstract is a class comprising many species

freedom of thought and speech, freedom of association , freedom of assembly, freedom of

worship, freedom of movement, freedom in the use or disposal of property, freedom in the

choice of one‟s employer or occupation and so on”.99

The Roget‟s Thesaurus of Words and

Phrases divides the term freedom as; “Liberty, being at large freedom of action, freedom of

thought, freedom of speech, freedom of press and Academic freedom etc.”100

This term is

also described as four freedoms. Many scholars of the Western thought derived and

discussed many other types and areas of freedom and freedom of expression. This variety of

kinds of freedom helps us to understand the basic concept and the stance of the Western

freedom and freedom of expression.

1.4.1. Freedom of Religion and Beliefs: Freedom of Religion is another most vital

area of the freedom of expression in the contemporary Western thought. Every prominent

Western scholar of this field discusses and considers it as the most significant value of the

Western thought. The International laws and conventions protect this important human right,

although they differ in the definition of religion. According to Harvard Law Journal; “Many

international and regional human rights instruments guarantee rights related to freedom of

religion or belief, for none attempts to define the term Religion”.101

The British law also

considers the freedom of religion as a key right of a person. In the Western laws and thought,

the religion is a completely private and personal issue and the purpose to promote the

freedom of religion is to achieve peace and stability in the society. According to the report;

“The liberty of faith or conviction is often vital to peace in society. One of the

British deliberate strategy objectives is to stop and determine clash. Many

clashes locate their lines in, or are aggravated by, religious variations”.102

The Western thought believes in the privatization of religion from collective clutch.

As the Brills Dictionary of Religion states; “The full religious freedom only can be realized

in circumstances of the separation of the Church and state or corresponding organization and

with a privatization of religion”.103

In Western thought and laws the personal and individual

issue regarding religion and its freedom is dominant. According to the Encyclopedia;

99Pall, The Encyclopedia of Philosophy, 3:223.

100Robert A. Dutch (ed.), The Original Roget‟s Thesaurus of English Words and Phrases (New York: Longman

Publishers Inc., 1982), 1:408. 101

Gunn T. Jeremy, “The Complexity of Religion and the Definition of Religion in International Law”, Harvard

Human Rights Journal ( 2003), Vol.16,PP.190-215;

www.peacepalacelibrary.nl/plinklet/index.php?ppn=326687351. 102

https://www.gov.uk/government/uploads/system/freedom-toolkit.pdf/Accessed: 8/1/2014. 103

Kocku Von Stuckrad, Brill Dictionary of Religion ( Boston: Brill Academic Publishers,2006),755.

https://www.gov.uk/government/uploads/system/freedom-toolkit.pdf/Accessed


“Freedom of Religion, in the broadest sense, means the right of each person to

worship according to his own convictions. It means that a man may practices

whatever religious rites he chooses, as long as these do not directly affect

other people or threaten to destroy society. Freedom of religion also includes

the right of an individual not to worship at all, if he so chooses”.104

The Encyclopedia Americana shapes the freedom of religion in this way, “The

freedom to perform acts of worship or to conduct activities associated with religion without

any legal restraint”.105

The Brill Dictionary of Religion defines the freedom of religion as

under, "Freedom of religion is distinguished from religious tolerance. Religious tolerance is

accorded the followers of another cult and deviant conceptualization of belief. Religious

freedom represents a constitutional guarantee of every citizen and is limited only by laws that

are valid for every citizen”.106

According to Funk and Wagnall‟s encyclopedia; “Right of a

person to form personal religious beliefs according to his or her conscience and give public

expression to these beliefs in worship and teaching are restricted only by the public order”.107

All the international conventions and declarations also grant the freedom of religion. The

Universal Declaration of Human Rights, adopted by the United Nations General Assembly on

December 10, 1948, Article 18 of UDHR, defines freedom of religion and belief as below;

“Everyone shall have the right to freedom of thought, conscience and religion,

this right includes the freedom to change his religion or belief, and freedom,

either alone or in community with others and in public or private, to manifest

his religion or belief in teaching, practice, worship, and observance”.108

Moreover, the American constitution (which is considered as one of the most

prominent constitution for fundamental rights and civil liberties in human history) also

protects the right to freedom of religion in the first Amendment of 1791. It was silent

regarding some fundamental rights and liberties even that the first Amendment was done in

constitution. Therefore, the first Amendment of the US constitution of 1791 states that

“Congress shall make no law respecting an establishment of religion, or prohibiting the free

exercise thereof; or abridging the freedom of speech or of the press; or the right of the people

104Gordon, The Encyclopedia,7:431.

105Castagno, The Encyclopedia Americana, 29:536.

106Stuckrad, The Brill Dictionary of Religion, 754.

107Bram, Funk and Wagnall‟s Encyclopedia, 22:190.

108Edward Lawson (ed.), Encyclopedia of Human Rights (Washington: Taylor & Frances,1996), 372.


peaceably to assemble, and to petition the government for a redress of grievances”.109

The

European Convention on Human Rights (ECHR)110

grants and protects freedom of religion;

“Everyone has the right to freedom of thought, conscience and religion, this

right includes freedom to change his religion or belief and freedom, either

alone or in community with others and in public or private, to manifest his

religion or belief, in worship, teaching, practice and observance”.111

The European Convention on Human Rights limits the freedom of religion through

law. As we read in section II of the article no. 9; “Freedom to manifest one‟s religion or

beliefs shall be subject only to such limitations as are prescribed by law and are necessary in

a democratic society in the interests of public safety, for the protection of public order, health

or morals, or for the protection of the rights and liberties of the others”.112

Although, the

tradition of religious freedom has not been strengthen in Christianity but after the

Renaissance when religion became a personal issue, their thought also changed and now they

consider it a fundamental human right. According to the New Catholic Encyclopedia the

freedom of Religion means;

“It solemnly proclaims that all men and all religious communities have a strict

right to religious freedom: a right that is based on the dignity of human that

praises contemporary legal systems that recognize and uphold this right and

deplore the fact that in many countries it is infringed”.113

The record of West is not good at freedom of religion throughout the history. People

were not allowed to adopt ideas against the state religion. The article writer of the

encyclopedia states, “The authorities in Greek and Romans did not tolerate the religious or

anti-religious opinions, which denied the truth of the state religion………. If they (people

with different religious ideas) refused, the authorities subjected them to persecutions and

sometimes they put them to death for their impiety”.114

Freedom of religion was not allowed

in the Western countries in the Medieval Ages. According to the Encyclopedia of Americana,

“The beginning of freedom of religion in America was highly ambiguous. Many of the early

colonists left England to obtain this freedom but they were generally to grant the same

109Brian Duignan (ed.), US Constitution and Constitutional Law (New York: Britannica Inc., 2013), 15.

110ECHR: It stands for European Convention of Human Rights. It is an important western document of human

rights. It is considered the most vital document of rights and freedom after the UDHR, in the world. 111

Jim Murdoch, Freedom of Thought, A Guideline to the Article 9 (Strasburg: ECHR, 2007), 8. 112

Murdoch, A Guideline to the Article 9, 2: 9. 113

McGraw, New Catholic Encyclopedia, 6:107. 114

Gordon, The Encyclopedia, 7:432.


freedom to those whose pattern of worship was different from their own”.115

Freedom of

religion is not allowed even in the Roman Empire. The Middle Ages West has a long history

of religious persecutions under the Church leadership. As we read in the encyclopedia;

“In the Middle Ages the Churches persecutes heresy116

as the most serious of

crimes. The Churchmen regarded it as a serious argument against the doctrine

of Christianity. Then during the Reformation and the counter-Reformation

movements, both the Protestants and Catholics persecuted their opponents‟

severely”. 117

From the above conversation, the study examine that the freedom of religion in the

Western history was not got easily at all. The West has a long history to get all the kinds of

freedoms including freedom of religion and expression. Practically, they were able to avail

freedom after separation of the Church and the State after the Renaissance movement in

Europe (The West). Consequently, as a result of this separation the religion became an

individual matter and had no more concern with the state, politics and the government issues.

1.4.2. Freedom of Speech and Discussion: The most important and vital feature of

the contemporary Western thought is to consider the freedom of speech and discussion as a

fundamental human right. It is from one of the four imperative forms of freedom of the West.

Many Western scholars try to promote and write about this important Western value. Even

some prominent Western scholars devoted their lives to promote and protect this freedom. In

the contemporary ages the majority of Western scholars do not agree to limit this freedom

and some of them are so eager about it that they do not care for any moral or religious value.

They consider any such restriction as censorship, the violation of fundamental human rights.

It was stated during a serious blasphemy conviction in the front of a Western court; “I have

spoken, I speak, and it is my duty - I cannot do otherwise - to continue to speak”.118

With

these words the Dutch MP Geert Wilders concluded his final remarks before the court of

Amsterdam in June 2011, where he stood trial on charges of inciting hatred against Muslims

rituals and most beloved personality of Islam Hadrat Muhammad ملسو هيلع هللا ىلص. Here, to carry on his

point of view in history Mr. Zachariah Chafee, a renowned scholar of the Western world,

points out the importance of unlimited freedom of speech as;

115Castagno, The Encyclopedia of Americana, 29:536.

116Heresy: An opinion or doctrine not in line with the accepted teaching of the Catholic‟s Church, the opposite

of orthodoxy. The heresies were severely persecuted and even heretics were burnt to death for opposing of

Catholic Christian Dogma and Tradition. The Protestantism was the reaction of this cruelty. 117

Gordon, The Encyclopedia, 7:432. 118

Irene Van Renswoude, License to speak, The Rhetoric of Free Speech in Late Antiquity and the Early Middle

Ages: the Cultural Significance of the Natural Sciences (Amsterdam: Premium Yearbook,2013),49-50.


“The true meaning of the freedom of speech seems this. One of the most

important purposes of the society and government is the discovery and spread

of truth on subject of general concern. This is possible only through absolutely

unlimited discussion”.119

There are hundreds of examples which can be presented and thousands can be seen on social

media in the shape of blogs, comments, posts, documentaries, videos and audios about the

defamation of religions, religious communities and religious personalities. To Muslims, it is a

contempt and blasphemy but to the modern Western approach it is a fundamental human

right. According to Thomas Scanlon theory of free expression; “Liberty of expression

benefits more than the speakers. The hearer and reader suffer a violation of their spiritual

liberty if they are denied access to the ideas of others”.120

Furthermore, some Western

scholars consider it the road to salvation. As Archibald Cox states in his famous book; “When

first considered, freedom of speech and Press chiefly meant opportunity to hear and read the

word of God and thus to discover the road to salvation”.121

A renowned American Justice

Brannan argues about Freedom of Expression; “The right to express an opinion, to engage in

debate and to criticize those in power is characteristic of a free society. Indeed a democratic

government is built on the premise that the individual, rather than the society is superior”. 122

In general words, the freedom of speech and discussion means you can say what you

want without any sanction or other words you can express your point of view without any

fear and interruption. According to the encyclopedia; “Freedom of speech is an ability to say

privately or publicly what one believes. The idea of the freedom of speech as a right is much

older than freedom of press because printing is a comparatively recent invention”.123

Lexicon

Universal Encyclopedia defines freedom of expression in this way; “Freedom of speech is

liberty to speak and write without fear of government restraint. It is closely linked to freedom

of press. In USA both freedoms are commonly called freedom of expression”.124

English

lexicon tells the similarity between freedom of expression and press in the West as well as it

tells that the freedom of expression including freedom of information and press should be

free from any kind government sanctions and limits. This statement gives a clue to public

demands for absolute freedom of expression.

119Zechariah Chafee, “Freedom of Speech”, The New Republic14 (November,1918) :66-68;

http://www.unz.org/Pub/NewRepublic-1918nov16-00066. 120

Scanlon, Thomas, “A Theory of Freedom of Expression”, Philosophy and Public Affairs 1:2 (1972):204-226;

http://www.harvard-jlpp.com/vols-30-34/#343. 121

Archibald Cox, Freedom of Expression (Cambridge: Harvard University Press, 1981), 1. 122

W Watt Hopkins, Mr. Justice Brennan and Freedom of Expression (New York: PREAGER, 1991), 9. 123

Gordon, The Encyclopedia,7 :432. 124

Cayenne, The Lexicon Universal Encyclopedia, 1:298.


1.4.3. Freedom of Thought and Conscience: Freedom of thought and conscience is

another more important liberty in the Western perspective. Most of Western scholars consider

it the base of every freedom because if you have no freedom to think, then how can you

express and write your ideas. JS Bury writes, “It is unsatisfactory and even painful to

thinkers, if they are not permitted to communicate their thought to others”. 125

In

contemporary Western thought, this is a vital freedom and legal right. All modern Western

constitutions, declarations and conventions consider it as an important value for every person.

Professor Renucci, Jean-François stated its importance in a more clear way;

“Freedom of thought, conscience and religion is a fundamental right,

enshrined not only in the European Convention on Human Rights but also in

many national, international and European instruments. It is a basic right that

is extremely important”.126

In modern era any legal or sociopolitical body cannot ignore the liberty and right to freedom

of expression and thought. This liberty is provided thought every mean of legal and political

forums and instruments. Even many of the Western legal instruments consider it mother of

all rights and liberties. According to an eminent Western scholar, the right to know and argue

means freedom of thought and expression is the mother of all rights. So they focus on it, first

of all. As John Milton, who was the powerful voice of freedom in the West, observed and

demanded, “Give me right to know and argue freely according to conscience, above all other

liberties”.127

Freedom of thought is also considered as physical catharses of the human brain.

Therefore, every modern constitution and human right instrument gives it a vital place, for

example, ICCPR128

, ACHPR129

and ECHR and USA, French and all other Western

constitutions. Here, Article no. 18 of the Universal Declaration of Human Rights (UDHR)

communicates about importance of the right to freedom of expression and speech. This article

also tells about freedom of religion and conscious and its focuses on individual liberty rather

than collective. Therefore, we can observe it in a very academic and legal way;

125J B Bury, A History of Freedom of Thought (New York: Henry Holt & Company, 1913), 7.

126Jean-François Renucci, Article 9 of the European Convention of Human Rights, Freedom of Thought,

Conscience and Religion (Strasburg: Council of Europe Publishing, 2005), 6. 127

Christopher Lloyd MA, Democracy and its Rivals (London: Longman, Green & Company, 1938), 52. 128

ICCPR: Stands for International Convention on Civil and Political Rights. It is an international, the most

significant human rights instrument which firmly manages to provide and respect the fundamental human rights

and civil liberties for its signatories. It was adopted and implemented by UN General Assembly on March, 1976. 129

ACHPR: Stands for African commission on Human and People‟s Rights. It is the most important

international document on fundamental human rights and liberties. It is inspired from ECHR, adopted by

African Union on 1979.


“Everyone has the right to freedom of thought, conscience and religion, this right

includes freedom to change his religion or belief, and freedom, either alone or in

community with others and in public or private, to manifest his religion or belief in

teaching, practice, worship and observance”.130

Here it will not be without beneficent that the general definition of the freedom of

thought stands for the philosophy that everyone has a freedom to think and act freely, what he

thinks and wants without any social, religious or legal restraints and obstacles. Any authority

cannot compel him to bind his thinking. Therefore, Prof. Dr. Shaifīque „Alī Khan states;

“Freedom of thought means that a person or a group of like-minded persons,

associations or countries are naturally free to express, record, or observe any

idea, feeling, thinking, and observation in a civilized or cultured style as

permitted or admissible under the prevailing norms of law and ethics”.131

We should be aware that in Western perspective, Freedom of thought is not only a freedom

but a movement as well. The 20th

Century encyclopedia defines it as; “The intellectual

movement which arose in Europe following the Reformation, chiefly in critical opposition to

the dogmatic Christian church. In Britain it was represented by the Deists in the 17th

and 18th

centuries”. 132

According to Webster dictionary, originally, human thought is free from all

religious and moral controls; “Free will (freedom of thought) is the doctrine that human being

is not controlled in their choices physically or divinely imposed necessity”.133

History of freedom of thought is full of events in this regard. Every society has some

characters which were the voice of that freedom but powerful governments and religious

authorities did not accept them. Even in the Western history the most famous character of

rational human thought, Greek philosopher Socrates134

, was punished to death through poison

in Athens, the capital of Roman Empire, due to free thinking. According to encyclopedia

Americana comments; “At least since the day, Socrates was sentenced to death for corrupting

the youth of Athens through his teachings. Thoughtful men have been concerned with the

limits of public control over the expression of beliefs and ideas”.135

As a result the eminent

disciple of Socrates, Plato, presents the concept of a state more powerful than the individual.

It was the influence of the state power on individuality. According to some scholars the

modern concept of freedom of thought links to the Greco-Roman tradition. Dr. Shafīque „Alī

130Alfredsson, The Universal Declaration of Human Rights, 379.

131Shafīque , Freedom of Thought and Islam,1.

132E M. Horsley (ed.), Hutchinson‟s New 20

th Century Encyclopedia (London: Hutchinson & Co., 1964),520.

133Noah Webster , Webster‟s New Collegiate Dictionary (USA: Webster Inc.,1949),331

134 Socrates: An imminent scholar. He testified the existence of divine spirit which controls this whole system.



khan writes, “The concept of freedom of thought, as we understand it today, in its proper

context, was first of all introduced and enjoyed to the full by the ancients Greeks”.136

The

editor of the encyclopedia of social sciences also defends this statement. He frequently states;

“Some concept of civil liberty can be traced back into European history, Athenians of the age

of Pericles Gloried in their freedom of discussion and in their right to participate in public

decisions”.137

It is not a complete truth. As we have pointed out it, earlier that the record of

civil liberties in the Western history has not been encouraging. The dark ages are full of the

incidents of persecutions and death punishments for freedom by the Church and Government,

for example, a unique scientist Galileo. Here, as a point of objection, it is noticed, at the same

time the Islamic world was enjoying the free thinking and expression as it given and granted

in the last book of Allah the Nobel Quran because it is the golden era of Muslim history.

The most influential voice regarding freedom in the Western history is of John Milton

and John Locke. As the encyclopedia of Americana explains, “The value of untrammeled

speech for intellectual freedom has been celebrated by philosophers, poets and jurists, but

perhaps by no one more eloquent than John Milton (Areopagitica-1644), John Locke(

Toleration- 1689) and Stuart Mill ( On liberty-1859)”. 138

The first legal protection in the

West was given to the civil liberties after the French revolution in the Declaration of the

Rights of Man and Citizen in 1789. Even in the modern Western world, we do not find any

specific law for the protection of this most vital liberty before the 1st Amendment of the USA

constitution of 1791. Here, the Encyclopedia Americana expressed most likely;

“The US Constitution‟s First Amendment gives it (freedom of expression)

against infringement by the national government. In Britain and in most of the

members of the Commonwealth of the Nations on the other hand, freedom of

speech is not enshrined in specific constitutional provision. Individual rights in

Canada for instance owe their existence to traditions stemming from the

English Bill of Rights of 1689 and other historic documents and court

decisions”.139

Here we cannot ignore a renowned black American leader Dr. Martin Luther king which died

to struggle against western power and pressure in America. His famous statement against

western slavery has become example. He stated near to his assassinated likewise

136Shafīque , Freedom of Thought and Islam, IX.

137David L. Sills (ed.), Encyclopedia of Social Sciences (New York: Macmillan Publisher, 1968), 2:308.


139Ibid, 25:473.


“If I lived in any totalitarian country, maybe I could understand some of these

illegal injunctions. Maybe I could understand the denial of certain basic First

Amendment privileges, because they haven‟t committed themselves to that over

there. But somewhere I read of the freedom of assembly. Somewhere I read of

the freedom of speech. Somewhere I read of the freedom of press. Somewhere I

read that the greatness of America is the right to protest for right”.140

The above debate opens that the West has a long journey to achieve the civil liberties

and rights in the current shape. Therefore, they are more sensitive and sometimes crazy

towards human rights and civil liberties. But sometimes there sensitivity creates problems for

other word because for protection of their right, they go beyond the limits of freedom which

violates other fundamental human rights which is not the true sense of freedom.

1.4.4. Freedom of Assembly & Association: Freedom of association and assembly is

another most important freedom and right in the contemporary Western thought. Every

constitution of the modern Western country protects this significant civil liberty under the

declaration of human Rights, UDHR, ECHR, and Bill of Rights141

. This is also considered as

most significant in four freedoms142

which are protected through first amendment of the US

constitution. This is the most significant right and liberty in the Western legal world. As we

read, in the special report of general assembly;

“Freedom of assembly and association are essential components of democracy as

they empower people to their political opinions, engage in literary and artistic

pursuits and other cultural, economic and social activities, engage in religious

observances or other beliefs, form and join trade unions and cooperatives, and

elect leaders to represent their interests and hold them accountable”.143

The legal beginning of this right in the Western world is not an old phenomenon.

Legally, this right was protected in French Declaration of Right of Man and the Citizens in

1789 as a general liberty and right of a citizen. As we see in Article no. 4 of the French

Declaration of Rights (DRMC)144

;

140https://www.usrepresented.com/2014/01/25/martin-luther-king-jr-on-freedom-of-speech/19/3/18

141UK Bill of Rights: UKBR stands for United Kingdom Bill of Rights. It is considered an important historical

development in western human rights and liberties. It was passed and recognized by British parliament on 1689. 142

Four Freedoms: In American constitution four freedoms are protected by the first amendment of 1791; 1-

Freedom of Expression, 2- Freedom of Religion, 3-Freedom of Association, 4-Freedom of Press &Information.

These freedoms have much importance in American sociopolitical context. 143

The United Nations, General Assembly Report on Freedom of Assembly and Association, (Washington:

Human Rights Council, 2012),5; www.ohchr.org/Documents/HRBodies/.../A-HRC-20-27. 144

DRMC: Stands for Declaration of the Rights of Man and Citizens. It is a land mark western declaration on

rights and liberties by the French National Constituent Assembly after French revolution on 1789.


“Liberty consists in the freedom to do everything which injures no one else;

hence, the exercise of the natural rights of each man has no limits except those

which assure the other members of the society the enjoyment of the same

rights. These limits can only be determined by law”.145

The first Amendment of US Constitution also protects it. The US Bill of Rights146

tells;

“Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof, or abridging the freedom of speech, or of

the press, or the right of the people peaceably to assemble, and to petition the

Government for a redress of grievances”.147

Later on, the UDHR and the all modern Western constitutions provide this most vital

freedom. According to the UDHR, Article No 20; “Everyone has the right to freedom of

peaceful assembly and association, and no one may be compelled to belong to an

association”.148

The European Convention of Human Rights protects the right to freedom of

assembly and association under the article No. 11: “Everyone has the right to freedom of

peaceful assembly and to freedom of association with others, including the right to form and

to join trade unions for the protection of his interest”.149

Even according to United Nations

and European Council proclamation, every member country is bounded to give this freedom

and rights to their citizens without any discrimination of gender, race and faith. Moreover, the

freedom of assembly and association is also included in general perception of freedom in the

Western perspective. As we read in the encyclopedia of Philosophy;

“Freedom in the abstract is a class comprising many species-freedom of

thought, and speech, freedom of worship, freedom of association , freedom

assembly, freedom of movement freedom in use or disposal of one‟s property,

freedom in the choice of one‟s employer or occupation, and so on”.150

The above mentioned brief academic discussion tells us that the freedom of peaceful

assembly and association has become a fundamental human right and essential civil liberty in

the contemporary Western thought as well as in the whole world. But the West gets this most

important right and freedom through a long and immense journey.

145 Petra Dobner and Martin, The Twilight of Constitutionalism (New York: Oxford University Press, 2010), 31.

146US Bill of Rights: Stands for USBR. It is an important document on rights and liberties by USA. It is also

called charter of freedom. It was ratified by American Parliament on September 25, 1789. 147

Duignan, The US Constitution and Constitutional Law , First Amendment,15. 148

Alfredsson, The Universal Declaration Human Rights, Article 20:417. 149

Murdoch, Article 9 of the European Convention of Human Rights, 15. 150

Edwards, The Encyclopedia of Philosophy, 3:223.


1.4.5. Freedom of the Press and Right to Information: Freedom of the press and

right to get information are the most vital and sensitive civil liberties in the contemporary

Western sociopolitical perspective. Freedom of press is one of the crucial issues in the

modern Western politics. Although the press in the West is not completely free, but the

discussion regarding free press is free. According to Christina Holtz Research Paper;

“Freedom of the press, generally regarded as a constituent of democracy, does not have the

same meaning everywhere in the world. Differences in the understanding of press freedom

exist, e.g. even among the European democracies and the USA”.151

In the contemporary

world, it has become the universal sign of freedom. According to a research article;

“Regardless of the ideological differences in the various socio-political systems of the world,

press freedom -a logical extension of man‟s inalienable freedom of expression today is a

universal phenomenon”.152

According to many contemporary Western scholars‟ views, the

freedom of the press can play a vital role in the development of human beings. As we read in

a press freedom report compiled by United Nations in 2008;

“The links between free press and development are evident. Over the last two

decades, success stories of people empowered through the free flow of ideas

and by access to information and knowledge have been accompanied by many

resolutions and authoritative statements by international bodies on the

importance for sustainable development of an environment enabling free,

pluralistic and independent media”.153

In general, the freedom of press means the publications and receiving of facts and

information for the goodness of society without restraint of any authority. Different lexicons

define the freedom of expression in different ways. Some scholars find it difficult to define

press freedom. It has become semantic confusion of the present day;

“The terms „freedom of the press‟, „free press‟, and „press freedom‟ are subject to

considerable semantic confusion in legal, policy, and theoretical debates. The term

“press” has been one source of confusion. It is sometimes taken to refer to the news

media in general, but is also taken to mean newspapers in contrast to other media

and in some cases a more literal meaning of printing presses is intended”.154

151Christina Holtz, “What is “Good” Press Freedom?”, Journal of IAMCR 25:30(2004):1-15.

;www.kowi.wiso.uni-erlangen.de/publikationen/press freedom. 152

Bayo Oloyede, “Press Freedom: A Conceptual Analyses”, Journal of Social Sciences 11:2(2005):101-109. 153

Marna and Munīrā, Freedom of Press and Development,9 . 154

Neil J Smelser and Paul Baltes B, International Encyclopedia of the Social and Behavioral Sciences (USA:

Elsevier Ltd., 2001), 4:213.


Many studies and scholars depict that the freedom of the press is a new phenomenon

and considered the part of freedom of speech. According to the Encyclopedia Americana,

“Freedom of press is an aspect of the larger freedom of speech, which since the invention of

printing has presented its own peculiar problems”.155

The definition and freedom of press is

not limit to the newspaper but it has wider aspect. According to justice Potter Stewart

comments, “The liberty of Press is not confined to the newspapers and television

(Media).The press in its historic connotation comprehends every sort of publication which

affords a vehicle of information and opinions”.156

As an absolute free press without any

restraint and interference, the idea is completely new because the eminent ancient Western

scholars have been favored the controlled freedom of expression and press in respect of state

and society. According to the encyclopedia of Journalism and Mass Media; “They (opponent

of absolute free press) found (their foundations) in ideas of the learned men, Plato,

Machiavelli, Hobbes and Haggle a justification for state invention to regulate the freedom of

expression”.157

The censorship and licensing is a reality of the contemporary Western world

in the press perspective. According to Lexicon encyclopedia;

“Historically, the freedom of the press has been bounded up with general

question of censorship. The countries where censorship is extensive, the right

to publish news, opinions and information is usually tightly restricted. But

even in the United States, where the censorship is light, the right to publish is

not absolute”.158

If licensing and censorship is a legal sanction on press then the press is not free all

over the Western world throughout the modern Western history. The Grolier encyclopedia

defines the free press in these words; “Liberty to print and publish without official license. By

the word, press, it usually means newspapers, but the term includes printing generally. Before

the introduction of military censorship in 1914, the British press had enjoyed his liberty since

1694”.159

Hence, to fulfill the requirement of free Press in the modern Western world, we find

much legislation for its significance and public pressure up till now. Every member of

European Common wealth, United Nations and USA allies are bounded to protect freedom of

press through laws and constitutions. The article 19 of the UDHR protects it as; “Everyone

has the right to freedom of opinion and expression, this right includes freedom to hold

155Seligman, Encyclopedia of Social Sciences,5:455.

156Nancy C Crown Well, Freedom of the Press: Rights and Liberties under the Law (California: CLIO Inc.,

1959),13. 157

Kumar, The Encyclopedia of Journalism and Mass Media, 6:319. 158

Cayenne, The Lexicon Universal Encyclopedia, 296. 159

Kenneth D Seltzer, Grolier Encyclopedia (New York: The Grolier Society Inc., 1958) 9:67.


opinions without interference and to seek, receive and impart information and ideas through

any media and regardless of frontiers”.160

The European Convention of Human Rights

provides freedom of the press as;

“Everyone has the right to freedom of expression. This right shall include

freedom to hold opinions and to receive and impart information and ideas without

interference by public authority. This Article shall not prevent States from

requiring the licensing of broadcasting, television or cinema enterprises”.161

The charter of freedom means the constitution of USA also protects and provides the freedom

of press through the First Amendment;

“Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof, or abridging the freedom of speech, or of

the press, or the right of the people peaceably to assemble, and to petition the

Government for a re-dress of grievances”.162

This academic discussion shows that freedom of press is protected through various

laws, constitutions, conventions and authorities in all over the Western World. Additionally,

these laws are imposed in third world countries by UNO and on some places by force or by

dictatorship. However, it does not mean the actual freedom and fairness of press and

publication; throughout the World because according to some scholars it is a moral issue

more than a legal one.

1.4.6. Academic or Intellectual Freedom: Academic or intellectual freedom is also

considered as a key freedom and most important right in the Western contemporary

sociopolitical perspective. Academic freedom is necessary because it academically nourishes

the thought and civilization. Although in all thoughts the scholars have been struggling

regarding this precious human right from the beginning of the modern human history but

cannot be succeeded completely. The research study of Mathew Franken and Robert Post

discloses this issue very beautifully; “Throughout civilized human existence there have been

ideas that cannot be expressed question that cannot be asked lest civil or ecclesiastical

authority be offended or threatened”.163

Many scholars rendered their lives for the sake of this human right and liberty.

Expression wants intellectual freedom and intellectual freedom requires expression to the

160Murdoch, Article 19, Freedom of Expression, Freedom of Speech and Press, 393.

161ECHR, European Convention on Human Rights (Strasburg: Council of Europe Publishing, 1998), Freedom of

Expression, Article No.10:11. 162

Duignan, The US Constitution and Constitutional Law, First Amendment, 15. 163

Mathew W Finkin, and Robert G Post, For the Common Good (London: Yale University Press, 2009), 11.


flow of ideas. In the modern world, especially after the establishing of Schools, Colleges and

Universities the need and importance of this precious freedom have become much vital and

necessary for scholars. Basically, it is a liberty of thinking, researching, reading and writing

as the scholars like, want and suggest. According to the Lexicons Universal Encyclopedia;

“Academic freedom traditionally refers to the freedom of scholars, usually at the college and

university level, to teach, to publish and to engage in research unhindered by others”.164

Historically we find many declarations and commissions on different liberties and rights in

modern Western discourse. One of them is the Statement of Principles of Academic Freedom

and Tenure (SPAFT)165

. Which is most significant declaration on the West? The declaration

of 1940 on Freedom of Research and Publication defines it in this way;

“Teachers are entitled to full freedom in research and in the publication of the

results, subject to the adequate performance of their other academic duties, but

research for pecuniary return should be upon an understanding with the

authorities of the institution”.166

Here, Western scholar Professor Donald explains the academic freedom in these words;

“Academic freedom is the freedom of scholars to pursue the truth in a manner

consistent with professional standards of inquiry. Liberal democracies protect

academic freedom on the grounds that the open pursuit of knowledge and truth

provides substantial benefits to society and because freedom of thought is

essential to the fulfillment of human nature”.167

Although we find individual struggles for this imperative intellectual right but the collective

efforts were not initiated till the end of the 16th

century in the contemporary Western thought.

The Universal Encyclopedia claims;

“The modern concept of academic freedom origins in the 17th

& 18th

century

movements for political freedom and freedom of thought and expression

developed during the enlightenment. It was further developed by 19th

Century

German academics that distinguished between, but insisted on equal freedom

teaching and freedom of learning”.168

As a legal and human right, it was protected in the 20th century because we do not

find any legislation before 1915 regarding academic freedom. Thus, Mathew Finkin argues,

164Cayne ,The Lexicons Universal Encyclopedia, 1:68.

165SPAFT: It stands on the Statement of Principles of Academic Freedom and Tenure. It is most important

declaration of academic freedom regarding research and publication in America. 166

Finkin and Robert , For the Common Good,53 167

Donald Downs, Academic Freedom (USA: William Johan Center for Higher Education, 2009), 4. 168

Cayenne, The Lexicon Universal Encyclopedia,1:68 .


“The first systematic articulation of the logic and structure of academic freedom in America

was the 1915 declaration of the principles on academic freedom and academic tenure”.169

Although, the scholars enjoy academic freedom all over the world after this declaration, but

the law of censorship and review boards are also simultaneously are found in almost all

countries even in America. They converse about its regulations. An imminent Western

scholar‟s Herman Von sights;

“Scholars must be free to debate any controversial matter so long as the debate

is scholarly (Wissenschaftlich).170

(To fulfill the academic requirement) so

long, that is, as the discussion proceeds on the basis of scholarly standards”.171

In the meanwhile, When the Muslim scholars say that responsible freedom has some

limitations and boundaries, and then the Western scholars reply that it is sanction on freedom

and violation of fundamental human rights. It is a historical fact that some issues are not still

legally, socially or politically allowed to be researched, studied and learned in the West, as

Myth of Holocaust172

and Red Indian Issue etc. up till now. No one can write, speak or

research frankly against this issue in all over the West even in America. This will be

discussed in detail, in the 2nd

chapter of this research study concerning the absolute freedom

not being granted anywhere.

1.4.7. Freedom of Criticism: Criticism is another important value of contemporary

Western thought. According to the Western scholar‟s comments, social criticism plays an

important role in the development of society. Encyclopedia of the Social Sciences describes

this claim; “The development of human society has been conditioned by social criticism,

which is defending or attaching the status quo postponed or accelerated change”.173

Freedom

of religious criticism helps to change the myths under the banner of religion, “With this

freedom comes the right to challenge orthodox religious ideas. This is precisely what a

number of the greatest „enlightenment scholars‟ of 18th

and 19th

century Europe did. For

enlightenment philosophers, reason, science, and rational thought replaced the theological

constraints that had often held back their predecessors. Superstition and ignorance were

challenged”.174

An imminent Western theologian Jonathan supposed; “Freedom of speech

169Ibid,1:30

170Wissenschaftlich: A French term which means a scholar has only the right to Intellectual Freedom after

fulfilling the academic (moral and legal) requirement. It means absolute freedom is not allowed anywhere. 171

Finkin and Robert, For the Common Good, 11. 172

Holocaust: Jews claim, millions of Jews were killed in gas chambers by German forces during World War II

but the historians have reservation on this number. So, this incident demands fear and clean enquiry. 173

Sills, The Encyclopedia of Social Sciences, 3:599. 174

Ben Clark,” Freedom of Speech and Criticism of Religion; What are the limits?”, Murdoch University E-

Law Journal ( 2007),Vol.14,No.2,PP.94-121;http://ssrn.com/abstract=1716558.

http://ssrn.com/abstract=1716558


and religion became the cornerstones of democratic polity. Scholars were free to critically

analyze sacred texts of all faiths, and question long held assumptions about the universe”.175

The right to freedom of criticism has a long history in the Western context, especially

after the Renaissance and the Reformation movements against the dogmatic stance of the

Church, as discussed above. The beginning of Reformation in the West started from the

criticism on the Church domination and violation. So the criticism and its freedom have a

good deal in the contemporary Western thought. The Western scholar, Mark Twain writes;

“Freedom to criticize religious ideas has long been a foundational principle in Western

democratic societies”.176

Although some Western scholars search out the roots of religious

and political criticism in Greco-Roman thought but it is not true. The freedom of criticism is

a modern phenomenon and began during the Reformation movement after the clash of

Church with civil rights and liberties. The Encyclopedia of Religions and Ethics elaborates;

“The critical movement which has shed a flood of light on the Old Testament

and given the Church a new and more human conception of the mode of

revelation did not begin in the middle of 18th

century”.177

According to the Grolier Encyclopedia;” To the end of the 16th

century the great Italian critic

reigned over Europe, but with the advent of Malherbe assumed the ascendency”.178

According

to the Western scholars, the theory of liberalism is a result of the rational criticism of the

West on traditional and collective authority of the church. The Webster‟s International

Encyclopedia states; “Classical liberalism developed in Europe in the 18th

century as a part of

rationalist critique of traditional institutions and distrust of state power”.179

The social criticism brings social stability in the society. According to Encyclopedia

of the Social Sciences, “In general the social criticism of the Renaissance tends towards

social stability”.180

Therefore, the Positive criticism is helpful to promote a respectful,

accountable and responsible society. Many western scholars own this fact. One of them is a

renowned voice of Mr. SB Gilder. He rightly utters;

“One of the distressing features of our modem age in the eyes of the more

misanthropic middle-aged- who, like all the middle-aged in history, have

175Jonathan Hill, Faith in the Age of Reason (Oxford: Loin Hudson Plc., 2004),121.

176Mark Twain, Adventure of Huckleberry Finnz: Essays in Criticism (London: Norton Ltd., 1962), 91.

177James Hastings, Encyclopedia of Religions and Ethics (Edinburgh: T&T Clark, 1959), 4:314.

178Cayenne, The Grolier Encyclopedia, 6:224.

179Bart Drubbel, 21st Century Webster‟s International Encyclopedia (London: Trident International, 2003), 662.

180Seligman, Encyclopedia of Social Sciences, 3:601.


naturally known better days-is the decline in volume and effectiveness of

positive or constructive criticism”.181

Criticism as an academic term is a wider concept of social sciences and literature, in

general meaning the criticism is an intellectual enquiry or passing the fair judgment. Due to

its importance and weight, the scholars categorize it into two different divisions: the positive

(constructive) and negative (destructive). Mary Ann defines it; “To communicate information

to others in a way that enables them to use it to their advantage and benefit”.182

In addition,

the Grolier Encyclopedia defines it as; “In its widest sense, the act or process of passing

judgment, a phase of all mental life”.183

According to the 21st Century Webster‟s

Encyclopedia, “Act of analyzing and evaluating of any object or activity, often harshly. The

term more often is applied to the examination and evaluation of works of art and

literature”.184

The right to Freedom of criticism is recognized and registered as fundamental

human right and civil liberty in the Western Societies but till now some things are not

allowed to be criticized in the West also.

Although, freedom of expression and criticism is an important liberty in contemporary

Western thought but it can also be availed in the legal premises. A Western scholar, Herman

Von writes; “Scholars must be free to debate any controversial matter, as long as, the debate

fulfills the Academic requirement -so long, that is, as the discussion proceeds on the basis of

scholarly standards”.185

This means automatically, you have no absolute freedom of speech

and criticism in America and the West as their freedom fighters scholars claim.

1.4.8. Freedom of Consultation (Voting): Freedom of consultation, right to vote or

democracy is considered another significant liberty and value of the contemporary Western

thought. Especially after the Reformation of democracy and freedom of expression both has

become the most essential part to each other in the contemporary Western social and political

system. According to a US official publication;

“Freedom and democracy are often used interchangeably, but the two are not

synonyms. Democracy is indeed a set of ideas and principles about freedom, but

181SB Gilder, “The power of positive Criticism”, The Canadian Medical Association Journal 77:2 (1957):134-

135 ; http://www.ncbi.nlm.nih.gov/pmc/issues/143024. 182

Mary Ann, Power of Words: Steps to Positive Criticism (Texas: NCCE Inc., 2004), 11. 183

Cayenne, The Grolier Encyclopedia, 6:222. 184

Webster, The 21st Century Webster‟s International Encyclopedia, 290.

185Mathew and Robert, For the Common Good, 11.


it also consists of practices and procedures that have been molded through a long,

often tortuous history. Democracy is the institutionalization of freedom”.186

In the democratic societies the right to vote is considered a key feature. According to an

Encyclopedia; “The right of citizens to select their leaders in open elections is as key feature

of democracy”.187

In general meanings, the freedom of consultation or right to vote means

every human being has right to vote without any discrimination and restraint. According to

the World Book Encyclopedia; “It is a method by which a group of people makes decisions.

In most countries, people vote to choose government officials and to decide public issues”.188

Encyclopedia Americana defines the voting/election; “A procedure for choosing for officers

or making binding decisions concerning policy by the vote of those formally qualified to

participate”.189

The ex-president of America, Abraham Lincoln defined the democracy in

these historic words; “Government of the people by the people and for the people”.190

In the

contemporary sociopolitical scenario, all over the world, the right to vote become a precious

right and has become the synonymous to express freedom of consultation.

The history of democracy in the West is not as old as they claim. Some scholars have

an opinion that the present Western democracy has deep roots in the Greco-Roman tradition

of politics. But factually their sources, for example, the “Republic” of Plato denies it. The

majority of the Western scholars start their democratic journey from the eminent British

agreement and constitution of Magna Carta in 1215 CE. They count it the foundation of

constitutional democracy in Europe and then all over the West. If we analyze the Magna

Carta it is not a constitution but an agreement between landlords and the British king for

some relaxations and authorities. It has no any concern with public rights and contribution in

the state affairs, as the Western scholars claim. The later comers‟ western scholars made it

the foundational source of human rights and liberties in the West. So, Syed Mawdūdī writes;

“It is vociferously claimed that the world got the concept of basic human

rights from the Magna Carta of Britain, though the Magna Carta itself came

into existence six hundred years after the advent of Islam. But the truth of the

matter is that until the seventeenth century no one even knew that the Magna

186Howard Cincotta, Democracy in brief, Bauru of International Information Programs (Washington:

Department of State, USA, 2007),3. 187

William H Nault, The World Book Encyclopedia (Chicago: World Book Inc., 1988), 10:449. 188

Nault, The World Book Encyclopedia, 10:449. 189

Cayenne, The Encyclopedia Americana, 10:110. 190

Richard A. Epstein, “Direct Democracy: Government of the People by the People and for the People”,

Harvard Journal of Law and Public Policy 34:3 (2011):819-826.

;http://www.harvard-jlpp.com/vols-30-34/#342.


Carta contained the principles of Trial by Jury, Habeas Corpus, and the

Control of Parliament on the Right of Taxation”.191

Even the impartial Western scholars also reject this unauthentic claim. A reputed Western

scholar Henry Mash says; “The Magna Carta was no more, rather than a charter of landlords

and Funerals”.192

The actual democratic system was introduced in Europe after the

Reformation movement in the 17th

century. According to the authentic sources, the first

democratic elections reforms was introduced in Europe in the mid of 17th

century. Before it

we do not finds much regular electoral system in the Western countries including America.

Here, the Encyclopedia Americana explains this fact most likely;

“A classic statement of these views (democratic reforms) was made by

English Popular leaders during 1640‟s and 1650‟s. They argued in effect that

all the governments that owe their powers to the consent of the governed and

that this consent should be expressed by representatives freely elected”.193

The modern concept of democracy was adopted in Europe during 19th

and20th

centuries through evolution and reforms in political parties, election systems, gender equality

and age of the voters and representatives as well. Encyclopedia of Americana states further;

“During the 19th

and 20th

centuries three broad trends could be discerned in the

evolution of electoral system throughout most of the world: 1)-broadcasting the

franchise, 2)-equalizing the basis of representation and 3)-standardizing electoral

procedures”.194

Now in the Western countries the freedom of consultation or right to vote has become the

fundamental human right and essential civil liberty. To make-shore this right the Western

countries have lot of legislations. Even according to law the dismissing or prohibition of this

right is a punishable charge. Every modern constitution and many international declarations

of the West accept and protect the right to vote and consultation. According to the article 21

of the UDHR; “The will of the people shall be the basis of the authority of government, this

will, shall be expressed in periodic and genuine elections which shall be by universal and

equal suffrage and shall be held by secret vote or by equivalent free voting procedures”.195

European Convention of Human Rights also protects it; “The High Contracting Parties

undertake to hold free elections at reasonable intervals by secret ballot, under conditions

191Mawdūdī, Syed , Abū al-A„lā , Human Rights in Islam ( London: The Islamic Foundation,1980),31.

192Henry Marsh, Documents of Liberty (England: MW Books, 1971), 51.

193Cayenne, The Encyclopedia Americana, 10,117.

194Cayenne, The Encyclopedia Americana 10, 118.

195The Universal Declaration of Human Rights, Article no. 21:431.


which will ensure the free expression of the opinion of the people in the choice of the

legislature”.196

Prominent Western thinker Machiavelli favors the dictatorship for stability;

“Indeed there is no sure way to keeping possession then by devastation.

Whoever becomes the master of a city accustomed to freedom and does not

destroy it, may expect to destroy himself, because when there is rebellion ,

such a city justifies itself by calling on the name of liberty and its anticipant

institutions, which are never forgotten despite the passing of the time and

benefits received from the new ruler”.197

Definitely not at all but these are some important areas of the Western freedom of

expression. In number and names these freedoms seem likely to the Islamic areas but there is

lot of difference between both because the Western freedoms are achieved after a long

struggle and as well as these freedoms have maximum tendency to absoluteness but the

Islamic freedoms are granted by Allah and have some reasonable limits which have tendency

to restrictions.

One more thing which is categorically observed from the previous conversation is that

the majority of Western scholars propagates and accept maximum right to any freedom and

liberty including freedom of expression. Even mostly has the view that freedom should be

free from any kind of restrictions and freedom will self-define its obligations. Other most

important trend of freedom in the Western world is that they do not agree to compromise

upon their freedom and them very sensitive in this aspect of human wish. According to

researcher‟s humble view Western world get liberty through a long and tough journey as well

as religion has no dominant role in the West so they are free from any kind of restrictions and

moral values. They only follow the legal system of their country but the legal system differs

from country to country and furthermore every scholar has its own interpretation of the

national and international laws which are related to form and rights.

196European Convention on Human Rights, Article 3:32.

197Nicola Machiavelli, The Prince (UK: Penguin Books, Suffolk, 1966), 48.


1.5. Comparison of Islamic and Western Freedom of Expression:

Freedom of expression is a new and little bit contentious phenomenon in the light of Islamic

perspective, but we find enjoying equal importance in the contemporary Islamic and the

Western sociopolitical context. Although their scope of appreciation is different but both

thought equally recognize the issue of freedom of expression and its relevant areas and

aspects. It is also a considerable issue that Islamic and the Western significance regarding

freedom of expression are different. Islam gives importance to this fundamental human right

due to human dignity and honor, to spread and search for truth etc. Therefore, it is proven fact

that one of the most significant objectives of the free expression in Islam is protection of

human dignity. Therefore, Islamic scholars give highly protection and appreciation about the

dignity of man under teaching of the Holy Quran. “Here it is frequently read and learn that

in Islam personal Dignity is observed as basic and unchallengeable right, which is widespread

and indispensable for human life. Even it cannot be challenged and change in any course of

the Islamic tradition.”198

The second most imperative element to grant the freedom of

expression in Islam is to search out and follow the truth in any case. Therefore, most of the

Islamic teachings describe the truth and search of truth. Islam does not compromise on the

truth and search out the truth. Even that one of the most beautiful name of Allah is al-Haq

(the truth). In this course Islam does not care any blood or religious relation as affiliation.

The Nobel Quran grants it in frequently and the teachings of the prophet ملسو هيلع هللا ىلص are more in

this discourse. In clearer words the system of liberties and rights in Islam revolves around

the core concept of human respect and dignity. Therefore, when we initiate or begin disunion

on freedom of expression in Islam we cannot ignore the factor of human dignity and

searching out the truth. Thus, Allah Almighty (the Creator and sole Owner of the universe)

expresses the dignity of human being in the Holy Quran with its spirit;

“And We have certainly honored the children of Adam and carried them

on the land and sea and provided for them of the good things and preferred

them over much of what We have created, with [definite] preference”.199

In the Western perspective, the scenario is entirely different on the scope of the

freedom of expression. Doubtlessly, the Western scholars and all human rights instruments

give it thorough going importance due to human liberty, equality, development and for

human entertainment etc. This fundamental aspect differentiates the scope of freedom of

198Kamālī, The Dignity of Man, 9.

199Sūrah al-Isrā‟ 17:70.


expression in the Western perspective from Islamic point of view. One of the most key

observations of the European Court of Human Rights goes to it. They stated that “Freedom of

expression constitutes one of the essential foundations of such a society, one of the basic

conditions for its progress and for the development of every man”.200

Therefore, up till now

many Western scholars have been elaborating and interpreting this fundamental right and

liberty according to their own interest and style but one of the major similarities among these

interpretations is human center liberty and for entrainment rather than for a most positive and

constructive objective. This is also a dilemma that the Western liberty of free speech protects

the idea of freedom but does not protect the personal dignity of human being as individual in

general and collectively as special. Thus, a Western spokesman of the freedom of expression

Kathleen Sullivan argues on this issue;

“This view of freedom of speech as liberty starts from a textual interpretation of

the Free Speech Clause as “written in terms of „speech,‟ not speakers. Unlike

clauses that aim to protect “persons” from state coercion, thus, “Congress shall

make no law abridging the freedom of speech,” without mentioning “persons” or

denominating any ontological prerequisites for who or what may invoke its

protection”.201

This statement also elaborates this discussion that the Western thought has deep concern to

human liberty and liberal entertainment but it has no concern to the moral and ethical side of

human being because according to Muslim observation revealed ethics are not concern of the

Western thought. From the above debate it can be easily observed and analyzed that the

fundamental objective on the scope of freedom speech and of expression is totally different in

Islamic and Western thoughts. Islamic thought focuses on spiritual and moral development

but the Western thought focuses on political and material development. This difference is due

to divinely revealed and non-revealed basis of religious and secular thinking.

There are many definitions found in Islamic and Western perspectives on freedom of

speech but there is no specific and agreed upon definition of the freedom of expression in

both perspectives, generally in Islamic and specially in Western context. Every person and

group defines it according to its needs, requirements and interests. But till now the scholars

could not succeed to reach on the unanimous and comprehensive definition of the term

freedom of expression. Here, Hāshim Kamālī‟s views are more important and considerable.

He speaks on the discourse of definition of freedom of expression in an academic manner.

200Brid Moriarty (ed.), Human Rights Law (Handyside v UK) (Oxford University Press,2012),283.

201Kathlīn M. Sullivan, “Two Concepts of Freedom of Expression”, Harvard Law Review 124:1 (2010):143-178

; http://harvardlawreview.org/2010/11/two-concepts-of-freedom-of-speech.


According to him, “definitely, there are many attempts have been made by academicians,

writers, scholars and observers to define freedom (of expression) but till now they cannot

open to some level of uncertainty and doubts”.202

It is also observed the definition of term

freedom is different in the Eastern and the Western context. Even some religious

interpretations make it more critical to this term. For example some religions use the term

freedom as freedom from sins and evils and Sufi school of thought use it in entirely different

way. Therefore, it is summed up from the above academic debate that the Islamic concept of

freedom including freedom of speech and expression is totally different from the Western

stand point, for example when we review the definition of the freedom of expression and

Speech in Islamic perspective, the study finds out some moral, social and legal limits and

restrictions which bound and limit it for the sake of individual and society. Here from

Islamic context Mr. Ali Muhammad Bhat defines it most suitable to Islamic teachings,

“Freedom of expression means the right of an individual to prefer the stance about certain

public or private issue and express them before others avoid of delinking, seemly or evil

when it is obscene, immoral or harmful”.203

This definition or interpretation basically limits

the freedom of speech in some religious, moral and social perspectives. This definition is also

opens that Islamic concept of freedom of expression is not unlimited or absolute but it has

some reasonable limits and boundaries and every person can enjoy his liberty under these

boundaries and limits.

Instead of it the Western scholars advocate maximum freedom of expression and

reject or dislike all kind of restrictions and limits on human freedom. In Western context the

New World Encyclopedia defines the freedom of expression with any limit and boundary. He

opens this debate that “Freedom of speech is the capability to speak without any restriction. It

is also called freedom of expression, it refers not only to oral speech but any act of

corresponding information or ideas mean written communication”.204

It is observed from

Western literature and legal perspective, not only encyclopedias and dictionaries but also the

Western human rights instruments and constitutions also promote maximum freedom of

speech as we pronounce in the United human right instrument which is globally implanted

and appreciated and known as Universal Declaration of Human Rights, “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

202Kamālī, Freedom of Expression in Islam,8.

203Bhat, “Freedom of Expressing from an Islamic Perspective”, 72.

204Laffin, Funk and Wagnall‟s Encyclopedia,24:262.


and regardless of frontiers”.205

Contrary of it, the Islamic Declaration of Human Rights

bounds it with (Sharī‟ah) Islamic laws and some other moral and social restriction. It opens

the discussion that “Every human being has the right (and freedom) to enjoy his legal

capacity in terms of both obligation (duties) and commitment (responsibilities)”.206

In

between the lines the researcher, categorically agrees that in Western perspective also have

some limitations and restrictions but these limits are minimum or do not implanted with their

legal and political spirits so these are insufficient to save the society from its controversy.

Furthermore, these very difficult near to impossible to prove these limits and restrictions on

national and international level freedom of expression. Therefore, Muslim scholars observe

that the Western concept of freedom of expression is different from that of Muslims due to

claim and propagation of unlimited and freelance freedom. According to an eminent advocate

of absolute Western freedom, John Stuart Mill;

“In the West the freedom to say what you like, to criticize the authorities, and

to discuss ideas openly and without fear, is agreed to be of fundamental

importance. What there is less agreement about is when this freedom may be

properly curtailed. It may seem surprising, then, that Mill devotes most of his

famous account of these matters in On Liberty”.207

It besides gives a clue to absolute freedom of expression that, in modern Western

discourse any kinds of limits or control to freedom is considered as its negative impact.

Therefore, from above advocacy of maximum freedom of speech and expression, majority of

Western scholarship and public has faith in absolute freedom of speech. Although it does not

exist or even not possible in the East and West both but their mind set is not ready to

accept any kind of limits, sanctions and restrictions on freedom of expression and speech,

because due to secular approach maximum liberty have become part of their behaviors.

Many studies show that the Western scholars promote maximum freedom of expression to

individuals. When we overview the Western thought and academicians, seems like they

deliberately propagate the concept absolute and unlimited notion of freedom. For example in

Western thought there is found an idea of positive and negative freedom. The most

interesting issue is that they grade negative freedom as maximum freedom and positive

freedom as limited freedom. The well-known theory of the Western scholar Ishaia Berlin

totally revolves around this issue. Moreover, it is also a fact of the history in the

205The Universal Declaration of Human Rights, Article 19:256.

206Lawson, The Encyclopedia of Human Rights, CDHR, Article 8:177.

207Cartwright, “Mill on Freedom of Discussion”, 1-7.


contemporary era the negative concept of liberty has become dominant due to Western

advocacy of unlimited freedom of expression.

“From the 16th

Century Liberty has been considered mainly in its negative

concept as an opposition to authoritarian prescriptions and restraints in

Religion Government and Economics. In this it expresses the philosophy of

individualism that found its first modern expression in the Renaissance and

Reformation”.208

It is also observed, impartial Western scholars also recommend some limits and

sanctions for freedom of expression, a noticeable voice of them is David H. Bialy. He

defines it in this way, “The absence of restraints upon the ability of individuals or group to

communicate their ideas to others, subject to the understanding that do not in turn coerce

others into paying attention or that they do not invade other rights essential to the dignity of

others”.209

Although there is found a group of scholars who do not favor the limited freedom

of expression and opinion but these voices are not dominant in the contemporary Western

society. According to my observation the majority of Western scholars like and propagate the

freelance concept of freedom of expression, although practically it is not possible. If we read

and analyze the modern philosophy of civil liberties and rights, the Western scholar allow

everything to express and speech in the name of freedom of expression and speech. Even

most of them advocate the freedom of Pornography\ and demand its rights. The most

interesting issue is that according to the Islamic scholars it is craziness, radicalism and abuse

of humanity in the name of freedom.

When we categorically try to examine the Islamic and Western concepts of freedom

of expression we find some major conflicts. The Islamic concept of freedom is based upon

the revelation and revelation is not a result of human experience. It is the word of Almighty

Allah for all humanity and base for all Islamic legislation, rights and liberties. These are fixed

and nobody has authority to make amendment in it even the Prophets. The Western concept

of freedom of expression depends upon human mentality and rationality. The human mindset

is limited and fluctuates from person to person, so it focuses on materialistic approach and

wants to get rid of all kinds of social and moral sanctions. I think the concept of unlimited

freedom of expression may harm the society because every person is not responsible and

think only for his individual benefit. In every civilized country the laws are set to limit and to

discourage chaos but the power of morality is superior to laws.

208Cayenne, The Encyclopedia Americana, 17:303.

209Bailey, Public Liberties, 27.


According to the Islamic scholarship, Islam presents much variety of the freedom of

expression, the main areas of the freedom of expression are, for example, freedom of opinion,

freedom of religion, freedom of thought, freedom of press, freedom of criticism, freedom of

association, freedom to get and spread knowledge (academic freedom), freedom of

consultation. The contemporary Western thought also discusses major areas of the freedom

expression. According to the Encyclopedia of Philosophy;

“Freedom in the abstract is a class comprising many species -freedom of

thought and speech, freedom of association , freedom of Assembly, freedom

of worship, freedom of movement , freedom in the use or disposal of property,

freedom in the choice of one‟s employer or occupation and so on”.210

The Western scholars also describe a wide range of the freedom of expression, for

example, freedom of opinion, freedom of religion, freedom of thought, freedom of press,

freedom of criticism, freedom of Assembly association, Academic or intellectual freedom ,

freedom of election or Right to vote etc. As well as, an interesting information and

knowledge about Islamic and Western freedom of expression is that all Western national and

international constitutions and human rights instruments and claims freedom of speech as

right and liberty but the Islamic thought considers the freedom of expression right and as duty

both. According to the Islamic point of view sometimes the freedom of expression becomes

an obligation for the Muslim society and individual. Allah declares about this responsibly as;

“The believers, men and women, are Awliyā' (helpers and friends) of one

another; they enjoin Al-Ma'ruf (good), and forbid from Munkar (bad)”.211

Thus, Dr. Fathī considers the freedom of expression as a duty of a Muslim; “Freedom of

expression and information, constituting both a right and a duty for every believer, should be

established and maintained by all Muslims - men and women, rulers and ruled”.212

This and

many other evidences show that in Islamic perspective and Muslim world view, the freedom

of expression, speech and criticism are part of their ethical and religious obligations.

Sometime this freedom of expression and speech is seen as a fundamental right; sometime it

is observed as a duty and mostly it is declared as both of them together.

It is clearly observed, that the Islamic and Western thoughts represent different

worldviews thus; they adopt different approaches to solve every socio-political and ethical

issue. Accordingly, the solution and result of both thoughts differ to each other and most of

210Paul, The Encyclopedia of Philosophy,3,:223.

211Sūrah al-Tawbah 9:71.

212Fathī, Freedom of Expression, 3.


time contradicts to each other. Unremarkably, there are many reasonable distinctions located

in the Islamic thought which differentiate it from the Western concept of thinking and

practicing. One of the most vital themes is freedom of expression and speech.

The first most important difference of the Islamic freedom from the Western freedom

is that, it is responsible and limited one. Of course, it is a big quest of the modern day,

especially in Western perspective; either freedom of expression can be restricted through law

or moral values to prevent sedition and conflict with other socio-religious values or it should

leave free for everyone at all. Here, in some extent, the Islamic freedom of speech is very

sensitive and demands responsibility because it is granted by Almighty Allah instead of any

court, parliament or constitution. Hence, Islam does not allow hurting anyone under the

shadow of freedom of expression and speech. Although, Islam accepts free speech as a

fundamental right of people but does not allow anyone to spread mischief under the cover of

freedom of speech and expression. So for that purpose Islam puts some legal and ethical

restraints and limits up on it for the sake of societal peace and prosperity. According to a

leading Islamic scholar Prof. Dr. Fathī Osmān Muhammad views;

“Any speech and expression cannot by any way persuade a digression from

Islamic values or a perpetration of what is forbidden. A discussion which may

happen about the faiths and the laws of Islam must observe neutrality and

avoid illegal offense, confrontation and provocation”.213

The second most vital difference of Islamic freedom of expression is that it keeps

balance between liberties and responsibilities, while the Western freedom of speech mostly

leave balance between freedoms and responsibilities. It is also a notable point that Islam does

not totally ban freedom of expression but sometimes limits it for some important socio-

political objectives and benefits. Here, Dr. „Abdul Ḥakīm Hassan comments, “Islam does not

want to put complete restriction on freedom of expression any time, even in e sedition and

anarchy, but Islam has given some principles and limits for the freedom of expression”.214

Therefore, Islamic approach to freedom of expression differ it from Western approach of

freedom due to its responsibility and objectivity. Hence a renowned scholar Dr. Afzalur-

Reḥmān rightly observes;


moral restrictions but in Islam there is another concept of freedom and West is

213http://topbooklibrary.com/download/Freedom+Of+Expression/Accessed; 25/1/2017.

214Al-Ī‟llī, Abdul Ḥakīm Hassan, al-Ḥurrīyyah al-„Āmmah (Beirut: Dār Fikar al-Arabī, 1983), 484.


not aware of this. It is an objective right from Allah with some restrictions and

responsibilities”.215

The third most significant difference from the Islamic perspectives on freedom of

expression is that Islam focuses on morality, divinity and spirituality but the Western

approach focuses on secularism, liberalism and humanism. In other words the Western laws

do not care the moral and spiritual side of human being but they protect and safe the secular

side of human being because divine ethics have not much concerned to the Western thought

including freedom of expression. Thus, it is observed that the Western liberties and rights are

human centered while Islamic liberties are moral centered. It is fundamental difference

between Islamic Western approach towards liberties and rights. Here, Misbah Taqi assumed;

“(In the West) if freedom threatens the life, health and properties of human

beings, the law will put a restraint on it (Otherwise not)……..(But in Islam)

The lawmakers have to observe the spiritual and divine interests while the

Islamic government has to prevent that which is harmful to the spiritualties of

human beings both”.216

Obviously, this most substantial difference of opinion fundamentally differentiates the

Islamic concept of freedom of expression from the Western concept of freedom of

expression.

The fourth most important aspect of freedom of expression in Islamic and Western

context is that Muslim are not so crazy or sensitive in their liberties because their religion

grants all kind of liberties with some limits and without putting any struggle. They are well

aware from their rights, liberties and responsibilities. They believe in Allah, the Creator of

universe and He grants all kind of rights and liberties to Muslims. These rights and liberties

are not due to any historical revolution, struggle, king, parliament or convention. So, they are

less sensitive than Western people. The Western scholarship and public is more sensitive for

rights and liberties because they get their rights after a long, horrible and tough struggle in the

history. They fought for their liberties with church, barons and kings. Therefore, now they

have unseen fear and do not ready to compromise on their rights and liberties.

Another fundamental difference between Islam and West is that Islam relates freedom

with social justice and exploring of truth but considers them same. Thus, it is assumed, “In

Islamic perspective there is no place of any freedom including freedom of expression and

speech without justice, and these two values freedom and justice have been the inspiration

215Afzal-ur-Reḥmān, Shakhṣī Āzādī (Personal Liberty) (Lahore: Feroze Sons, 1993), 60

216Misbāh, Muhammad Taqī, Freedom the unstated Facts (Isfahan: ABWA Publishers, 2006), 51.


and motivator of the great revolutions in the world, be they political, economic or social”.217

Therefore, when we analyze and compare the Islamic and Western concepts of freedom of

expression we find some major conflicts. The Islamic concept of freedom is based upon the

revelation and revelation is not a result of human experience. It is the word of Almighty

Allah for all humanity and base for all Islamic legislation, rights and liberties. These are fixed

and nobody has authority to make amendment in it even the Prophets. The Western concept

of freedom of expression depends upon human mentality and rationality. The human mindset

is limited and fluctuates from person to person, so it focuses on materialistic approach and

wants to get rid of all kinds of social and moral sanctions. I think the concept of unlimited

freedom of expression may harm the society because every person is not responsible and

think only for his individual benefit. Although in every civilized country the laws are set to

limit and to deter chaos but the power of morality is superior to the laws.

The fifth fundamental difference between Islamic and Western concept of freedom of

speech is that the objectives of the Islamic freedom of expression and speech are different

one from the Western objectives. One of them have to construct the society not destruct it or

for not just the sake of human entertainment and liberty. “According to Islamic teachings,

freedom of expression is an important duty as well as a fundamental human right for

construction of the society not for the destruction and human entertainment only”.218

While

contrary to this, the Western thought considers philosophy of civil liberties and rights as

human entertainment and abstract right, the majority of Western scholars allow everything to

express and illustrate in the name of freedom of expression and speech. Even most of them

advocate the freedom of pornography and obscenity and demand its rights openly as human

entertainment. Most interesting thing is that according to Islamic scholars it is craziness,

radicalism and abuse to humanity in the name of freedom of expression but the Western

thought considers it as a right of entertainment for human being. Therefore, Islamic scholars

observe , “Islam grants the right to free speech for transmission of goodness not for evil and

this concept of freedom of expression is better than that of the West( as well differ one)”.219

It is also perceived the Islamic principles provide boundaries and limitations of

freedom of expression but the West wants to keep it an absolute right and liberty which is not

bearable. Moreover, Islamic freedom of speech and expression are responsible but the

Western freedom of speech is freelance and sometime it becomes a right to abuse. Here, Dr.

„Madnī accurately commented, “The freedom in Islam is like allowance of movement to a

217Madnī, “Freedom and its Concepts in Islam”,117.

218Muhammad Ismā„īl, Questions on Islam (Lahore: al-„Atīque Publishers, 2009), 43.

219http://www.mubashirnazir.org/ human rights in Islam and west/ Accessed;27/1/2017.

http://www.mubashirnazir.org/%20human


horse tied with a rope. It is like an authority which implies responsibility and accountability

and provides the justification for the Day of Judgment (but the West is empty from this

feature)”.220

Keeping in view, although the words and terms look like same in Islamic and

Western concept of freedom of expression but actually the Islamic freedom of speech is

ultimately different from the Western notion of freedom of speech. Therefore, it is noticed,

the Western concept of freedom of expression is basically a right to defame other‟s values,

religions and ethics and that kind of freedom is not compatible with Islamic divine teachings.

In famous words we can say it is right to abuse rather than freedom of expression and speech.

Therefore, if we wish for a peaceful, harmonized, modest and humble society then it is

necessary to adopt the unique principles of the Quran and the Seerah of the Prophet ملسو هيلع هللا ىلص.

Keeping in view, Islam cares the individual rights and liberties but it is most careful

about the collective norms and values of the society and tries to keep a balance between

liberties and responsibilities. On the behalf of this study I would like to say, it is not more

than a leashed propaganda against Islam that it bans the rights and liberties and it opposes

dignity and freedom of a person. While the fact is that Islam does not ban the freedoms and

rights but make balance between rights and duties, liberties and responsibilities As well as, at

the same time, Islam cannot overlook a fact accepted by modern legislation, namely in some

cases freedom of expression may be limited provisionally or partially to retain other human

rights, public goods and national interests. Therefore, in most of the Islamic countries

legislations, even in this modern era, freedom of speech is bounded with social and moral

values and public interests.

Here , I would like to sum up the discussion that Islamic and Western thought are

equally like freedom of expression and speech but there are some major differences on the

behalf of their interest, sources and historical perspectives. For example Muslim interest in

freedom of expression and speech is due to religion and its preaching, consultation and behalf

of it welfare and transformation of the society, criticism and behalf of construction of

government and public behavior, freedom of association and behalf of it to initiate joint

efforts for the sake social welfare religious strengthen and betterment of the individual and

society. In other word the Islamic concept of freedom of expression revolves around the

social justice and exploring of truth. At that point Abdul Hay Madni raises a valid argument;

220Madnī, Freedom and Its Concept in Islam, 117.


“In Islam there is no freedom (including freedom of expression) without justice

and these two values freedom and justice have been the inspiration and motivator

of the great revolutions in the world, be they political, economic or social”.221

Contrary to this, in Western perspective, the basic objective of the liberty in general

and specific in case of freedom of expression and speech are entirely different. According to

the researcher‟s view, the foremost objective of the freedom of expression is to enjoy their

personal lives, wishes and personal interests. Due to lack of religious spirit preaching is not

their basic objectives. Furthermore, due to conflict with religion they have no revealed ethics

so their manmade ethics are not enough to control whims but every person and scholarly

school of thought have its own interpretation of ethics and laws. In very simple words,

Islamic concept of expression is entirely different from the Western concept of freedom.

Both are entirely contradicted to each other. There is no similarity between them except terms

and meanings. Therefore, a well-known Western scholar Eric Kolig precisely rightly stated

about the view point of Muslims regarding western freedom of expression;

“Freedom of speech is considered in the West a high public good and an

important social value, underpinned by legislative and ethical norms. Its

importance is not shared to some extent by conservative and devoted Muslims,

who read Islamic doctrines in ways seemingly incompatible with Western notions

of freedom”.222

It is also a historical fact that the both thought have been opponent of each other from

the centuries due to their diverse revealed and secular foundational sources respectively. So,

the peace, physical and ideological war is part of the history on their fundamental sources. It

is also an admirable discussion and thought that Muslims always try to adopt peace and

peaceful co-existence with the West but these relationships were destroyed due to some

misconceptions and incidents. Thus it is articulated through historical arguments that “The

beginning of Muslim relations with West was very good. But after murder of Islamic

Ambassador by Roman Governor it turned to hostility. Even, after effects of this incident can

be felt up till now after many years of this incident”.223

It was the beginning of the thoughts

of Islamic and Western interaction. This interaction was not in a peaceful environment but it

was in the field of war and weapons. Therefore from the day first, the Islamic and Western

thoughts have become rivals of one another in every field of life. This opposition is due to

221Madnī, Freedom and Its Concept in Islam, 116-121.

222Kolig Erich, Freedom of Speech and Islam (London: Ashgate Publishing Company, 2014), I.

223Ḥamīdullāh, Muhammad, The Prophet of Islam ملسو هيلع هللا ىلص (Lahore: Beacon Books, 2011), 347.


their historical role and contribution in global socio-politics. Doubtlessly, Islam has a

historical role to promote human rights, liberties and justice, when there was no one ready to

raise a single voice for human rights. Once international Human Rights Commissioner Marry

Robinson said about Islamic thought most likely in OIC human rights summit;

“No one can deny that at its core Islam is entirely consonant with the principles

of fundamental human rights, including human dignity, tolerance, solidarity and

equality. Numerous passages from the Quran and sayings of the Prophet

Muhammad will testify to this. No one can deny, from a historic perspective, the

revolutionary force that is Islam, which bestowed rights upon women and

children long before similar recognition was afforded in other civilizations”.224

There can be another factor for differences which are religious, Western thought

historically links to Christianity and Islamic civilization links to Islam. According to my

humble view, the Western thought is a combination of much humanism and ideas of human

history. Many social, cultural, political and religious factors take part to make it. The basic

difference between Islamic and Western thoughts is revelation, which makes it distinguish

and sometimes opposite to the Islamic thought. Here, rightly observes from Islamic scholars

that the Western civilization and thought is, “A purely materialistic civilization, its whole

system is empty of any concept that favors a God centered life. It opposes Islam and seeks to

eliminate those primary values on which Islamic thought stands”.225

History is an eye witness of the issue that every thought and ism (religion) which does

not believe in revelation of Almighty Allah could not become beneficial to the humanity. It

can be perceived from the above discussion that contemporary Western thought is not much

different according to its impacts and demerits for humanity because this can be said that

things are known from their fruits. The current socioeconomic and sociopolitical scenario of

the Globe is testifying the notorious impacts of Western thought. Accordingly, we can

observe that human being is much suffering from the venom fruits and impacts of the

contemporary Western civilization.

224Suhaila Nik Saleda, “A conceptual analyses of rights in international and Islamic human rights instruments”,

American international Journal of Contemporary Research 2:4(2012):155-164. 225

Mawdūdī, Syed Abū al-A„lā, Islam and the Secular Mind (Karachi: Islamic Research Academy, 2008),76.

Chapter no.2 Freedom of Speech

Principles and Limits in Islamic and Western Perspectives

91 Chapter no.2: Principles and Limits of Freedom of Speech in Islam and West

Freedom of Speech

Principles and Limits in Islamic and Western Perspectives

Islamic and Western thoughts are considered to be the richest and exclusive thoughts

of the modern world in concerning to human rights, liberties, socio-political contribution and

geo-political role, extensive range of followers, population and flexible approaches towards

human issues. Definitely, Islam is a revealed religion and one of the biggest faiths of the

world with his excellent past and tradition, while Western thought has a good deal of human

and sociopolitical contribution, dominant geo-political role in international politics as

supreme power. Moreover, Islamic and Western thoughts are considered opponent to each

other for previous hundreds of years, especially after Renaissance in the West. In this context

The West world is not only a piece of land or regional entity but is acting as a leading thought

and civilization. A leading Islamic scholar of the 21st century Prof. Dr. Maḥmūd Ahmad

Ghāzī rightly argues, “The West is not just a piece of land (on Globe). It is a dominant

thought and civilization of the contemporary world. Now it has become a big antagonist of

Islam for a long time”.1 Likewise, Islam is one of the largest and powerful thought in the

history. The opponent of the Islam also accepts this fact. A renowned Western impartial

scholar John L Esposito stated about Islamic thought fairly;

“Islam is the second largest of the religious tradition in the world, as well as,

in the West. It has over one billion (1.5 billion) adherents. While the Islamic

World includes the Muslim countries from the North America to the Southeast

Asia, a significant number of Muslims may be found in the entire world”.2

No doubt, both have unique status according to their contribution, as one has served

as a social and technical side of the humanity and other contributing as the religious and

moral side of the human being. But the most crucial issue is that, besides of it, both thoughts

have different views due to their different foundational sources, therefore one is called divine

thought and other is obviously secular. Though both have exclusive contributions, but

sometimes they utterly controvert to each other on different socio-political and spiritual

issues. Freedom of speech is one of the sensitive and controversial fields for both thoughts

and Civilizations. Both thoughts have a categorical claim to have the best point of view about

freedom of expression, including other fundamental rights and civil liberties. In the following

point, I will try to describe the principles and limits (parameters) of the freedom of speech.

1Ghāzī , Islam aur Maghrib Ta„lluqāt,11.

2http://www.catholicfidelity.com/islam/the-islamic-tradition/Accessed:18/2/2016.

http://www.catholicfidelity.com/islam/the-islamic-tradition/Accessed


2.1. Principles and Limits of Free Speech in Islamic Teachings:

Islam is a complete code of life forever and for everyone. It provides all kinds of

solution of human being. Islamic primary sources, the Nobel Quran and the Wise traditions

of the last Prophet Muhammad ملسو هيلع هللا ىلص has complete guidance to human being till the last day.

Therefore, to meet the new challenges Islam opens the door of Ijtehād (scholarly judgment)

constantly. No any other thought and religion can be competed Islam in this aspect.

Therefore, Allah has ordered to accept it as whole and complete code of life. The Quran

proclaimed its completion at the place of „Arafāt during last Ḥajj of the Prophet ملسو هيلع هللا ىلص;

“This day have I perfected your religion for you, completed My (Allah) favor

upon you, and have chosen for you Islam as your religion”.3

As well as, in another place of the Quran the Almighty Allah declares the Muslim Ummah

(Muslim Nation) as the selected one of this world. Allah states in the Quran, “And strive in

His cause as ye ought to strive. He has chosen you (al-Ḥajj 22:78)”. Ḥaḍrat „Abdullah bin

„Abbās (RA) interpreted this verse as; “Do not be afraid of anyone, in the way of Allah. Thus,

Allah says; “Strives in the way of Allah, and never be afraid of the reproaches of such as find

fault”.4 This exclusive role and nature of Islamic thought make him a leading thought and

civilization of the universe throughout the history.

In Islamic perspective, freedom of expression is a most significant and valuable right

and liberty. Moreover, it is not only a basic right, but in some cases, it becomes a necessary

duty for a Muslim believer. Keeping in view, in Islamic law the freedom of expression and

speech is constituted as a fundamental right and duty for every believer. Therefore, according

to Muslim scholars it must be established and maintained by all Muslim men and women,

rulers and public, common and superior to search out the truth and convey the message of

Almighty Allah. But it is also noticed, where Islam declares it as a fundamental right, and

civil liberty, it also binds this significant freedom with some limits and boundaries for the

sake of public welfare and human dignity; because the Holy Quran considers the Muslim

Ummāh as a justly balanced Nation. Therefore, justice and balance of power is necessary in

every field of life, including liberties and rights. Therefore, the last divine Book of Allah

the Holy Quran maintains the principle of balance and justice in overall. Here the Book of

Allah rightly states the status of Muslim Ummah in a very decent way;

33

Sūrah al-An„ām 5:3. 4Baghawī, Husain bin Mas„ūd, Ma„ālim al-Tanzīl (Beirut: Dār al-Taibah, 1997), 5:402.


“And thus we have made you a just community that you will be witnesses over

the people and the Messenger will be a witness over you”.5

In this regard the freedom of expression and speech has an excellent role to

understand the Islamic thought. Thus it is observed the power of speaking distinguishes

human beings from animals and other beings. It is an excellent gift of God for human dignity

and respect. He can express his opinion and views in a proper and the clear way instead of

other animals and beings. Therefore, Allah expresses this blessing fact, in the Nobel Quran

in this way, “He has created man. He has taught him speech (al-Reḥmān 55:2-3)”.

Therefore, the speech (the art of discussion) is a great blessing and reward from Allah, but it

is also a dangerous tool for destruction or construction. We can use it for as a positive and

negative instrument of construction and destruction for a society. Consequently, we should

remain be careful about our discussion and opinions because we are accountable about our

expressions due to our wrong and irresponsible expression. The Nobel Messenger ملسو هيلع هللا ىلص said;

“Prophet ملسو هيلع هللا ىلص grabbed his tongue. He said 'Restrain this.' I said: 'O Prophet of

Allah! Will we be taken to account for what we say?' He said: 'May your mother

grieves your loss O Mu'adh! Are the people tossed into the Fire upon their faces,

or upon their noses except because of what their tongues have wrought”.6

Accordingly, Islam gives us some important principles to use the rights and liberties

in a more responsible and better way for the sake of society. In other words, Islam describes

the limitations of freedom of expression to save the society from any kind of anarchism and

disturbance. In this chapter, I will try to elaborate some of the most important principles,

limits and restrains on freedom of speech from the Islamic perspective and its major

differences from the Western freedom of expression.

2.1.1. To adopt the Fair and True Speaking: The foremost principle of Islamic

freedom of expression is fair and true speaking. Many of the Qurānic verses and Aḥādīth of

the Prophet ملسو هيلع هللا ىلص identify it as a permanent feature of the Islamic Society. As well as, fair

speaking is the most vital principle of expression and discussion in Islamic teachings.

Therefore, the Quran emphasizes on this important rule of expression in different ways. Allah

commands to the believers; “And communicate fairly to the People.” (Al-Baqarah 2:83). At

that point, Prof. Hāshim Kamālī precisely elaborates, “This text of the Quran (Surah al-

Baqarah 2:83) is also self-evident of the point that the gift of speech and freedom to utilize it

5Sūrah al-Baqarah 2:143.

6Jām„al-Tirmidhī, Ḥadīth no.2616.


must always aim at showing courtesy while dealing with others”.7 It means we should use

this important right and gift carefully for the constructive purpose. Moreover, definitely fair

and humble speaking can play a vital and dynamic role to construct the society and its

welfare. It is observed most of the destruction and chaos in the society is attached with

irresponsible linguistic usage.

The Quran takes another bold step and prohibits harsh arguing with other religious

communities. Here, Almighty Allah commands in His honorable Book;

“And argue you not with the People of the Book, except with good way”.8

This verse of the Quran recommends Muslim believers to adopt fair speaking not only

for mutual discussion, as well as for non-Muslims for preaching and Da‟wah. Here, the wise

Messenger of Allah ملسو هيلع هللا ىلص teaches the Muslim believer a very humble behavior;

“Do not believe the People of the Book and do not deny them. Say: "We

believe in Allah and what has been revealed to us and what has been revealed

to you. Our God and your God is one, and to Him we have submitted”.9

Here, it can be understood the ethics of communication or in other words, ethics of

disagreement with other. Here, Prof. Dr. Tāhā Jabir al-Ulwānī gives valid justification

on difference of opinion during conversation;

“If differences of opinion operate in a healthy framework they could enrich

the Muslim mind and stimulate intellectual development. They could help to

expand perspectives and make us look at problems and issues in their wider and

deeper ramifications, and with greater precision and thoroughness”.10

In Islamic perspective, fair speaking is considered as an important feature of Islamic

ethics and an extra charity in Islam. Therefore, the teachings of Islam consider fair speaking

as a free charity. In Islamic teachings the fair expression is recommended during conversation

otherwise silence is considered far better than speaking. Therefore, the beloved Messenger of

Allah the Prophet Muhammad ملسو هيلع هللا ىلص says;

“Whoever believes in Allah and the Dooms Day let him say good words or

otherwise keeps silent”.11

Consequently, it can easily be perceived that the fair and straightforward speaking is a

general principle of speech and expression in the Islamic teachings. Therefore, the Muslims

7Kamālī, Muhammad Hāshim, Freedom of Expression in Islam (Kuala Lumpur: Berīta Press, 1994), 58.

8Surah Al-„Ankabūt 29:46.

9Sahīh Bukhāhrī Hadīth no. 4485.

10Al-„Ulwānī, Tāhā Jabir, Ethics of Disagreement in Islam (USA: The Institute of Islamic Thought, 1993), 6.

11Ṣaḥīḥ Muslim ,Ḥadīth no.4610.


are recommended to adopt this principle of freedom of expression and communication as a

daily routine performance.

2.1.2. To avoid Telling False: The second important principle and primary limit of

Islamic freedom of expression is to avoid wrong speaking and wrong statement. The Divine

Book of Allah in many verses focuses to avoid telling a lie. Almighty Allah commands in the

Nobel Quran; “So avoid the unclean lines of idols and avoid false statement (al-Ḥajj 22:30)”.

According to Imām Ālūsī views, “The word al-Zūr means absolute lie, al-Zūr is also used in

the sense of the deviation from reality, lying and insert unrealistic statements”.12

Therefore, in

Islamic teachings, Qawl al-Zūr (wrong statement) and Shahādat al-Zūr (to bear wrong

witness) is considered a greatest sin and Muslims are taught to condemn it. Thus, Almighty

Allah mentions in the wise Quran;

“Those who witness no falsehood, and, if they pass by futility, they pass it with decent”.13

The Prophet ملسو هيلع هللا ىلص considers it one of the biggest sins. Hadīth of the Prophet ملسو هيلع هللا ىلص leads us;

"Shall I not tell you of the biggest of the great sins?" the companions said; “Yes, O

Allah's Messenger, the Prophet said; “To join partners in worship with Allah. The

Prophet sat up after he had been reclining and said; „and I warn you against giving

wrong statement and fake witness, I warn you against giving wrong statement and

fake witness, I warn you against giving wrong statement and fake witness”.14

Another beautiful Ḥadīth of the last Messenger ملسو هيلع هللا ىلص, to bear a wrong witness is said to be the

cause of hell punishment. The beloved Prophet ملسو هيلع هللا ىلص warns; “Whoever bears a witness

against a Muslim of which he does not deserve, let him prepare for himself a place in the Hell

fire”.15

Muslims are also ordaining to avoid unnecessary things and activities etc., which are

not beneficial in this world and the life hereafter. We find these teachings often repeated in

primary Islamic sources, the Holy Quran and Sunnah of the Holy Prophet ملسو هيلع هللا ىلص. At that point

the Quran defines attributes of the believers frequently, “Who (The believers) avoid vain talk

.al-Mominun 23:3”. The Islamic teachings literally prohibit from vain and cheap taking and

conversation. Here it is observed, the primary objective to avoid vain talk has to save the

believers from vulgar and cheap conversation.

Here, Sheikh „Abdul Reḥmān Sa„dī explains the word Laghw means, “It is the word

that there is nothing a good nor a religious or worldly benefit. It is like the word of foolish

12

Ālūsī, Shahāb ud Dīn, Maḥmūd, Ruḥ al-Ma„ānī (Beirut: Dār al-Kitāb al-Ilmīyah, 1415 AH), 13:55. 13

Sūrah al-Furqān 25:72. 14

Ṣaḥīḥ Bukhārī, Ḥadīth no. 6042. 15

Damishqī , Ibn „Asākir, Tabyīn al-Kāzib al-Muftarī (Dār al-Kitāb al-„Arabī,1404 AH),1:404 .


persons”.16

Another leading scholar Imām Baghawī interprets the same word as, “Laghw

means, to avoid all kinds of loose and cheap talks and fun and others expressions which are

not permissible to say and act”.17

The beloved Prophetملسو هيلع هللا ىلص is reported to have said, “The

goodness of Islam of a believer is to leave which does not concern him”.18

This Hadīth of the

Prophet ملسو هيلع هللا ىلص prohibit us to indulge any irrelevant and non-concerning matter of the society.

Islam does not appreciate telling a lie or false conversation at all. Islam restrains false

and fake speech. In addition, Islam does not allow evil and false speech under the excuse of

freedom of speech in any cast. It is fundamental Islamic principles of conversation and

discussion. Here, Mr. „Alī Muhammad rightly argues;

“Speech is unsuitable or evil when it is obscene, immoral or hurting. Evil speech

limits and hinders the discovery of truth and thus violates human dignity.

Therefore, restricting evil speech is justifiable for freedom of speech”.19

Islamic code of ethics strictly prohibits from vulgar, cheap and unethical discussion in

any case. Islam likes fair, humble and modest communication. Some people allow cheap and

vulgar conversation under the shadow of freedom of speech and criticism. It is not fair in

Islamic ethics. In clear and open words, false and fake expression cannot be allowed under

the banner of freedom of expression. Islam always protects right and true conversation at all.

2.1.3. Not to make Fun of others (Mocking): Not to make fun of others is also a

significant restriction and the principle of Islamic freedom of expression. The Quran and

Ḥadīth also forbid from it and do not allow laughing at others at any coast. Therefore, Allah

forbids it in the Quran; “O believers, Let not some men among you laugh at others”. (Al-

Ḥujrāt 49:11). Here, Prof. Dr. Nāsir Sa„dī interprets the verses likely to say, “Do not make

fun of others, it is also an important right of believers, some of them on some others, verbally

or through any act, it is forbidden to contempt a Muslim brother in any way”.20

A renowned

Islamic scholar of twentieth century Sayyīd Maudūdī comments on this issue in details;

“Mocking does not only imply with the tongue only but it also includes mimicking

somebody, making pointed references to him, laughing at his words, actions, or

appearance. What is actually forbidden is that one should make fun of another, for

under such ridicule there always lie feelings of one's own superiority and the others

abasement and contempt, which are morally unworthy of a gentleman”.21

16

Bhutvī, Ḥāfiẓ„Abdusslām, Tafsīr al-Quran al-Karīm (Lahore: Dārulandlus, 2015), 1:187. 17

Baghavī, Muhammad bin Husain Mukhtaṣar Tafsīr al-Baghvī, (Riyadh: Darussalam, 1416AH),5 :409. 18

Jamī‟ al-Tirmidhī ,Ḥadīth no.5911. 19

Bhat, “Freedom of Expressing from Islamic Perspective”, 72. 20

Sa‟adī, „Abdul Reḥmān bin Nāṣīr, Tafsīr Saa„dī (Beirut: Mua‟ssasah al-Risālah, 2002), 1:801. 21

Maudūdī, Sayed, Abū al-A„lā, Tafhīm al-Quran (Lahore: Tarjumān al-Quran, 2003), 5:84.


Additionally, the beloved Prophet Muhammadملسو هيلع هللا ىلص considers it as an excessive sin to

degrade a Muslim believer or any human being. The kind Prophet ملسو هيلع هللا ىلصsays, “This evil is an

enough for a man that he degrades his Muslim brother”.22

The excellent ethical teachings of

the kind prophet ملسو هيلع هللا ىلص recommend us to avoid degrading other people in any case and

situation. Keeping in view, according to Islamic teachings these are not only teachings but

obligatory for a Muslim believer.

Here, I think anybody have not a right at all to degrade any person without right, even

he has belonged to a non-Muslim community because Islam gives them complete protection.

The basic motive of mocking (Making fun to others) is self-admiration. The Quran

commands the Prophet ملسو هيلع هللا ىلص to avoid these bad manners. Syed Maudūdī comments,

“Insulting and pointing at the people and porting suspicions and spying on others are, in fact,

the evils that cause mutual enmities and then lead to grave mischief. In this connection, in the

light of the guidance of the Quran and Ḥadīth, we can infer the Law for libel. He further says

, “The Islamic law, on the contrary, recognizes a basic honor for every person and gives

nobody the right to attack it, no matter whether the attack is based on reality or not, and

whether the person who has been attacked has a reputation of his own or not”.23

Hence,

Allah, the Lord of the universe commands the believers;

"And swell not thy cheek (for pride) at men, nor walk in insolence through the

earth, for Allah loveth not any arrogant boaster”.24

Insulting and mooching to other actually have become a cheap and profitable

business in the world media industry, but according to Islamic principles and limits of

conversation it is illegal and uncivilized. Therefore, a renowned Muslim scholar

sheikh Tāhā Jabir Ulwīnī contents on this issue likely;

“When the Muslim mind becomes conscious of its civilizational role, it will

seek to win back those who belong to the Ummah but who are alienated.

Conscious workers for Islam are responsible for the urgent task of building a

sound and stable base for the restoration of the unity and health of the

Ummah, and eventually for rebuilding the civilization of Islam”.25

Although, in all over the world the Print and Mass media have adopted insult,

mocking and defamation of others in the name of freedom of speech and criticism, but Islam

22

Sunan Ibn Mājjah,Ḥadīth no.4213 . 23

Maudūdī, Tafhīm al-Quran, 5:75. 24

Sūrah Luqmān 31;18. 25

Ulwīnī , Ethics of Disagreement in Islam,17.


strictly forbids all kinds of insulting and mocking under the banner of freedom of expression,

criticism and even for so-called entertainment and humorous on the price of human dignity.

2.1.4. To avoid Defaming and Sarcasm: The fifth vital most principle and limit of

the Islamic freedom of speech is to avoid defaming and sarcasm. In simple words,

defamation means to insult others in any way. In Islamic point of view, defamation is a social

charge and pollutes personal dignity of a man in a society. Even a parody or a humorous act

which insulting a man is forbidden in the Word of God (Allah). According to the Qurānic

discourse on defamation and sarcasm;

“Nor defame nor be sarcastic to each other, nor call each other by nicknames.”26

Here, a contemporary Mufassir Sheikh Nāsir al-Sa„dī says about this verse of the Quran; “Do

not blame one another, al-Lumz is insult in saying and al-Humz insult in action: indeed, both

are forbidden”.27

According to Sayyīd Maudūdī‟s interpretations of this verse of the Quran;

“So, it is very shameful act for a Muslim that he should earn a name for using

abusive language and for immodest behavior. If a disbeliever earns reputation for

himself for mocking people, or taunting them, or for proposing evil and offensive

titles for others, it may not be a good reputation from the point of view of humanity,

but it at least goes well with his disbelief. But if a person after affirming the Faith

earns reputation on account of these kinds of bad and shameless qualities, it is

simply regrettable”.28

In fact the defamation contaminates personal dignity of a man while Islam grants and protects

the dignity of a man at all. Many verses of the Quran and Ḥadīth of the Prophet ملسو هيلع هللا ىلص describe

it, “We have indeed created man in the best of molds”.29

Therefore, defamation of a person

is a sinful and shameful act in the eyes of Islam.

Factually, the act of defaming any one is damaging of self-respect and self-esteem of

a person. It is attacked on his respect and dignity. Islamic teaching strictly forbids from all

these kinds of attacks and damaging. In this way mutual respect cannot be damaged.

According to Dr. Jabir valuable views on this issue;

“The Prophet ملسو هيلع هللا ىلص used to point out to his Companions what was right and what

was wrong with regards to controversial questions open to interpretation. On their

part, the Companions had mutual trust in the genuineness of each other's

26

Sūrah al-Ḥujrāt 49:11. 27

Sa„dī, Tafsīr al-Karīm, 1:801. 28

Maudūdī, Tafhīm al-Quran, 5:85. 29

Sūrah al-Tīn 95:4.


judgments. This approach guaranteed the preservation of mutual respect among

fellow Muslims who differed, and also kept fanaticism and bigotry at bay”.30

The Model Prophetملسو هيلع هللا ىلص said on the day of last sermon, “The blood, honor and

property of a Muslim are sacred for every Muslim”.31

Therefore, Islamic teachings and law

restrict freedom of speech in case of defaming other‟s respect and dignity. This is a notable

point that the Islamic teachings restrict the freedom of expression where the dignity and

respect of a person comes under the threat. Here, Prof. „Alī Muhammad Bhat expressed his

views likely to appreciate, “In Islamic legal discourse, freedom of speech and expression is

controlled only where the failure to do so would result in harming the cause of truth and

defaming other societies and their sentiments”.32

Accordingly, Islamic thought promotes and

protects the respect and dignity of every person and forbids from insulting.

2.1.5. To evade the Blasphemous Speech: In the Islamic perspective, Blasphemy is

considered a serious contempt. Blasphemy is a wider concept and generally means to insult

or defame on religious basis or religious signs through speech and actions. According to the

Encyclopedia of Religion and Ethics; “All utterances expressive for contempt of God (Allah)

for his names, attributes, laws, commands and prohibitions ……. All scoffing of Muhammad

or any other Prophet of Allah is also being regarded in Islam as blasphemy”.33

In Islamic

teachings, blasphemy is comparatively a wider concept; different scholars, define it in a

different way. Different Muslim schools of thought have different views upon it. A renowned

Muslim scholar al-Samāraī defines it comprehensively;

“The Blasphemy includes, insult to God (Allah) and the most beloved Prophet

Muhammadملسو هيلع هللا ىلص, irreverent contemptuous statements that outrage the

sensibilities of the believers, blasphemous acts, giving lies to fundamental

laws and religion and so on”.34

Therefore, due to its sensitivity Islam considers it the biggest and capital crime.

According to the Quran and Ḥadīth teachings Blasphemy against religious signs, Almighty

Allah, the all Prophets, including the last prophet Muhammad ملسو هيلع هللا ىلص and the all sacred Books

including the last Book Holy Quran , the all sacred places is a great sin and notorious . To

avoid blasphemous speech is the most imperative principle and most significant limit of the

30

Ulwīnī , Ethics of Disagreement in Islam,21. 31

Musnad Shahāb ,Ḥadīth no.121. 32


Hastings, The Encyclopedia of Religion & Ethics, 2:672. 34

Samār„ī, Nu„mān, „Abdul Razzāq , Aḥkām al-Murtad (Riyadh: Dār al-„Ulūm,1983),116.


Islamic freedom of speech. As a result, Islam forbids strictly from this bad activity in any

sense. The Holy Quran elaborates it at many places;

هي عد لهم عذابا منيا والخرة وأ ف ادل ورسول لعنهم الل ين يؤذون الل ناإن ال

“Those who annoy Allah and His Messenger - Allah have cursed them in this World

and in the Hereafter, and have prepared for them a humiliating Punishment".35

Religious blasphemy is measured as a most heinous crime in Islamic teachings and

even in the history and thought also, so its punishment is also very durable in Islamic

teachings. It‟s not a matter of tolerance in Islam. A variety of Ahādīth of the Prophet ملسو هيلع هللا ىلص

has clear standing on this issue. Even sometimes the beloved Prophet ملسو هيلع هللا ىلص himself deputed

his companions to give punishment to a blasphemy conducting person. One of the most

famous incidents in this case is a Jew‟s chief Ka‟b bin Ashraf killing due to blasphemous act.

Imam Bukhari narrates whole story;

“Who will kill Ka„b bin Ashraf. Verily, he hurt Allah and His Prophet? Muhammad

bin Muslamah stood up and said, "O Prophet of Allah, Do you like to kill him? He

responded; Yes. (Then Muslamah went to him and said something about the

Prophetملسو هيلع هللا ىلص which is suitable and part of this killing plan) Ka„b replied, "By Allah,

you will get tired of him. Ibn Muslamah said, “We have followed him, so we abhor

exiting him till we observe the end of his matter”. Muhammad bin Muslamah kept

busy him in conversation and in this way till he got the chance to kill him”.36

Islam strictly condemns all kinds of blasphemy of Allah and his Prophet and

announces capital punishment; Allah expresses their capital punishment in the Nobel Quran;

“They shall have a curse: whenever they are found, they shall be seized and

slain. (Such was) the practice (approved) of Allah among those who lived

aforetime: No change wilt thou find in the practice (approved) of Allah”.37

There are many examples and statements found from the acts of the most beloved Prophet

and his companions about condemning of blasphemy. One important incident was ملسو هيلع هللا ىلص

narrated by a famous Mohaddith Abu Dawūd in his Hadith Book Sunan Abī Dawūd;

“A slave-mother was killed in Madīna in the Prophet (ملسو هيلع هللا ىلص) era. He assembled

the people and said: I command by Allah the man who has done this, my right to

him that he should stand up. He stood up and said: O, Messenger of Allah! I am

35

Sūrah al-Aḥzāb 33:57. 36

Ṣaḥīḥ Bukhārī, Ḥadīth no.3031. 37

Sūrah al-Aḥzāb 33:61-62 .


her master; she used to abuse you. I forbade her, but she did not stop, and I

rebuked her, but she did not abandon her habit. Last night she began to abuse

and disparages you. So I took a dagger, put it on her belly and pressed it till I

killed her. Thus the Prophet (ملسو هيلع هللا ىلص) said: be witness, his blood has no validity”38

As well as, according to the majority of Islamic scholars, blasphemy is a greater sin than

disbelief (kufr). A leading Classical Islamic scholar, Imam Ibn Taymīyyāh argues, “Insult,

ridicules and denigration of God or his Prophet ملسو هيلع هللا ىلص and enormity of this is greater than any

type of disbelief”.39

This debate clearly shows that in Islamic Sharī‟ah, the blasphemy is not

only a religious and ethical issue but also a legal one. Islamic teachings deal these issues

equally in legal and religious context because the respect and dignity of a person is most

important in Islam.

2.1.6. Concealing of Truth and Witness is Forbidden: According to Islamic

teachings and ethics of the freedom of speech, an important principle and boundary is that it

is forbidden to conceal truth and evidence. Primary Islamic sources as well as secondary ones

forbid from concealing the truth and evidence in any case, because this thing seems a hurdle

in search and convening of truth and implementation of justice. Allah ordains in the Quran;

“And covers not Truth with falsehood, nor conceals the Truth when ye know”.40

An Egyptian leading Islamic scholar Dr. Sayyīd Muhammad Ṭanṭāvī interprets this verse;

“There are two ways of concealing truth, “Firstly means the mixing of truth with

falsehood until he cannot be separated from the actual word which is forbidden,

as Allah says in the Quran, and cover not truth with falsehood, Secondly the

concealing of truth which means denying the right way and hide it so it may not

appear, as Allah says in the Quran; “Do not conceal (hide) the truth”.41

Consequently, Islam strictly forbids it. Teachings of Islam provide sufficient details about it.

According to the Islamic teachings the concealing of truth is considered as a social crime.

The Noble Quran tells us the concealing of truth and evidence was a famous feature of the

Jews and Christians religious leaders. Historically, the Jews leadership adopted these ways to

stop the people from Islam and the Prophet‟s ملسو هيلع هللا ىلص affiliation.

38

Abu Dāwūd Hadīth no. 4341. 39

Ibn Taymīyāh, Aḥmad bin „Abdul Ḥalīm, al-Ṣārim al-Maslūl (Beirut: Dār al-Kitāb, 1978), 99. 40


Ṭanṭāwī, Syed Muhammad, Al-Tafsīr al-Wasīṭ (Cairo: Dār Nahdha al-Fujālah, 1998), 1:68.


“Those who conceal Allah's revelations in the Book, and purchase for them a

miserable profit,- they swallow into themselves naught but Fire”.42

In addition, the Quran and Ḥadīth consistently describe the importance of speaking truth and

forbids from concealing the truth and evidence. Allah ordains to adopt the truth in any case.

“O believers, Stand out firmly for justice, as witnesses to Allah, even as against

yourselves, or your parents, or your kin, and whether it be (against) rich or poor”.43

These evidences strictly prohibition to conceal the truth and evidence. Hence, Islam

forbids spreading every kind of fake news and as well as to bear fake witness in any case.

Islam forbids from concealing truth and making fake and fabricated communication. Here,

Ali Muhammad Baht rightly says;

“Freedom of expression means the right of an individual to prefer the stance

about certain public or private issues and express them before others avoiding

evil when it is obscene, immoral or harmful”.44

Above statement actually defines the limits of freedom of expression in Islamic

perspective. This clearly tells that Islamic freedom of speech is not an unlimited and absolute

right. But this right is bounded with other important Sharī‟ah objectives and human rights.

2.1.7. To verify News before theirs Spread: To check out the authenticity of the

news before to communicate it in the society is an important principle of Islamic conversation

and freedom of expression. The basic objective of it is to save the society from anarchy,

chaos and distortion. Islamic teachings consider it the foremost and the essential principle of

Islamic journalism. There cannot be accepted news with verification of them in Islamic state

and society. Here, the Nobel Book of Allah instructs to the believers;

“O believers, if a wicked person comes to you with any news, ascertain the truth,

lest ye harm people unwittingly and afterwards become full of repentance”.45

A good number of Islamic scholars have a special stand point on these most vital issues.

According to Sayyīd Maudūdī‟s point of view on this issue:

“Almighty Allah gives the Muslims a guiding principle regarding authenticity of

news, whenever you receive important news bearing upon a very important issue,

you should not accept it immediately but should first examine the man who has

42

Surah al-Baqrah 2:174. 43

Sūrah al-Nisā‟4:135. 44


Sūrah al-Ḥujrāt 49:6.


brought it. If he is a wicked man whose report is not reliable, you should inquire

into it carefully to find out the truth instead of accepting and acting upon it”.46

It is to be noted to spread the unauthentic news in the society is a manner of a wicked

person and may harm the society. So the Prophetملسو هيلع هللا ىلصprohibits spreading of unconfirmed

news. He said; “This is sufficient to say the person a liar that he reports everything he

hears”.47

In another Ḥadīth the Prophet ملسو هيلع هللا ىلص considered it a great sin. “It is sufficient sin for

a person to speak of everything that he listens”.48

This Hadith of the Prophet ملسو هيلع هللا ىلصcompletely

prohibits conveying everything to others, which is listed from the people without its

authenticity. According to a classical scholar Imam Novawī‟s interpretation; “Normally a

person hears truth and lies, so if he discusses everything that he hears, he is lying by telling of

things that did not occur, and by speaking of something other than he did not confirm

about”.49

The Qurān tells the important news should be spread in the society after validation.

“When there comes to them some matter touching safety or fear, they divulge it.

If they had only referred it to the Messenger, or to those charged with authority

among them, the proper investigators would have tested it from them”.50

According to the Islamic principle of the freedom of speech, it is not allowed for a

Muslim to pursuit and communicates any issue without proper knowledge. Here, Almighty

Allah commands to the Muslim believers;

“And pursue not that of which thou hast no knowledge, for every act of

hearing, or of seeing or of (feeling in) the heart will be enquired into”.51

Accordingly, one must be careful about his expression because anyone can get a reward or

punishment from Almighty Allah on this issue. We find complete coaching and education in

this important aspect of expression in Islamic teachings. The Messenger of Allah ملسو هيلع هللا ىلصsaid;

“A man utters a word which pleases Allah but he does not give it much

importance, but because of that Allah will raise him to degrees; and a man

may utter a word which displeases Allah and he does not think of its gravity

but because of that he will be thrown into the Hell”.52

46

Mawdūdī, Tafhīm al-Quran,5:73. 47

Ṣaḥīḥ Muslim, Ḥadīth no.7. 48

Al-Bānī, Nāṣir -ud-Dīn, Silsilāh al-Ṣaḥīḥāh (Riyadh: Maktabah al-Ma„ārif, 2002),Ḥadīth no.2025 . 49

Nowawī, Sharaf-ud-Dīn, Sharaḥ Ṣaḥīḥ Muslim (Beirut: Dār Iḥyā al-Turāth al-„Arabī, 1973), 1:72. 50



Sahīh Bukhārī, Ḥadīth no.6556.


From the above mentioned verses and Aḥādīth of the Prophet ملسو هيلع هللا ىلص, the Muḥaddithīn(

Hadīth Scholars) derived the principles to check the authenticity of the Hadīth of the

Prophetملسو هيلع هللا ىلص. Therefore, everybody should be careful about their speech and expressions of

every kind. Here, I would again like to quote Dr. Taha Jabir al-Ulwani views;

“When differences of opinion were inevitable owing, for example, to evidence

being available to some and not to others or to differences in the

understanding of a text or an expression, they would remain firmly within the

bounds of what is allowed in striving to reach the truth. They would admit

their errors without any bitterness or embarrassment while always having a

tremendous respect for people of virtue, knowledge, and understanding”.53

The foremost objective of this sanction and limit is that Islam does want to spread

unauthentic and fake news in the society. Every sensible person knows very well if the

percentage of fake and unauthentic news increased in the society, then society cannot keep its

balance and no anybody would be ready to trust on any other. Thus, the Islamic code of

communication does not allow fake and fabricated news on the name of freedom of speech,

press and information. In addition, weather these perimeters are not found in modern Media

ethics or does not followed them with its true spirits.

2.1.8. To Circumvent the Spread of Evils: Islamic teachings rigorously forbid

dissemination of evil speech, obscenity, and indulgence and hate speech in an Islamic state or

society. So, it is an important Islamic principle of freedom of expression that not to promote,

publish or express evils. Islamic teachings strictly condemn the publication of sex scandals

and vulgar literature or material related to publication sex and obscene issues. Therefore,

Allah warns in the Holy Quran to those persons, who spared obscenity;

“Those who love scandal published broadcast among the Believers will have

a grievous Penalty in this life and in the Hereafter”.54

An imminent classical scholar of the Quran Ḥāfiẓ Ibn Kathīr interprets this verse as;

“It means those who hear evil talk, believe it to some extent, and start to

spread it, they should not spread such talk or pass it on to others. Those who

like to see evil talk about the believers they will have a hurting torture in this

world and the hereafter”.55

53

Ulwīnī , Ethics of Disagreement in Islam,31. 54

Sūrah al-Nūr 24:19. 55

Ibn Kathīr, Hafiz, Imād ud Din, Tafsīr al-Quran al-„Aẓīm (Riyadh: Dār al-Taiba, 1999), 6:29.


In a Nobel Ḥadīth of the kind Prophet ملسو هيلع هللا ىلص, we find that to keep safe others from haram lead

toward the Haven. It means the place of safety in this world and the reward in the life

hereafter. The Prophet ملسو هيلع هللا ىلص said; “Whoever guarantees me between his tow jaw-bones and

between two legs I can guarantee him the Haven”.56

This Hadīth of the beloved Prophet ملسو هيلع هللا ىلص

is considered as land mark judgment and mile stone to handle the issue of verbal and physical

vulgarity with reference to so-called absolute freedom. Actually this beautiful Hadith of the

kind Prophet ملسو هيلع هللا ىلص presents a principle to safe the human being from verbal persecution as

well as the physical one.

The Islamic teachings strictly prohibit annoying Muslims and exposing their hidden

faults. Islam considers it wicked and includes it in spread of evil speech. Therefore, the

Messenger of Allah ملسو هيلع هللا ىلص said;

“Do not persecute the slaves of Allah, nor abuse them, nor seek their hidden

deficiencies, and; Whoever seeks out the faults of his Muslim brother, Allah

will expose his faults and humiliate him, even if he is hiding in his house”.57

According to Muhammad Hāsham Kamālī views;

“Al-Jahr (speech) literally broadcasting (through media) or publication

whereas al-Su‟ (evil) denotes something evil or hurtful. Words uttered in

public which hurt another person by violating his honor of causing physical

harm and loss of property whether directly or indirectly by abusing to his

relatives and homelands are all included in this Āyah of the Quran”.58

Moreover, Allah commands the good things and stops the evil things. The Quran considers

the spread of evils and obscenity the satanic actions. Here, Allah expresses in the Quran;

“Allah commands justice, doing of the good and liberality to kith and kin and

He forbids all shameful deeds, and injustice and rebellion:”59

In Islamic perspective, the spread of obscenity in Islamic society is considered as a

biggest crime and cannot be allowed in any case. Different texts of the Quran and Ḥadīth

discuss it as a special subject of negativity. Islam morally and legally condemns and stops

the spread of any kind of obscenity and indulgency on any level. Thus, Allah declares it as

one of the biggest crime in the Holy Quran;

56


Musnad-e-Aḥmad ,Ḥadīth no.22455. 58


Sūrah al-Naḥl 16:90.


“Say: the things that my Lord hath indeed forbidden are: shameful deeds,

whether open or secret, sins and trespasses against truth or reason”.60

The blessed Prophetملسو هيلع هللا ىلص also condemns it firmly. A number of Ᾱhadiīth of the Prophet ملسو هيلع هللا ىلص

leads us towards solution of this issue. One of the most important hadith is presented below;

“Whoever seeks out the faults of his Muslim (al-Fuḥsh) in a thing, but it ruins

it, and there is never any modesty (al-Ḥayā) in a thing, but it beautifies it”.61

A leading Islamic jurist Imām Ghazālī comments on this Ḥadīth;

“Fuḥsh (Obscenity) in this Ḥadīth is treated as obscene and indecent speech

and conduct mostly sexual perversity by those who are morally depraved .The

morally corrupt, thus, speak of sex explicitly in a repugnant and abusive

language”.62

From the above arguments, it can be professed that Islamic freedom of expression

does not allow spread of evil speech or harmful expression in any case because it hurts public

and also is harmful for social integrity and prosperity. According to my humble

understanding, the spread of evil speech is a wider concept and includes all kinds of

obscenity, pornography, social evils, religious blasphemy, political dishonor, media trial and

racial insult etc. It means no body cannot portrait evils to anyone publically even with

evidences and arguments except in special cases.

2.1.9. To evade Exposing Personal Weakness and Hidden Matters: Islamic

teachings categorically hinder exposing personal and hidden matters of any one. It is an

important principle and limit of Islamic freedom of expression. The basic purpose of this law

is to protect the human dignity and respect and avoid harm to others. Dr. Muhammad

Hāshim Kamālī argues; “Avoiding harm from others and concealing one‟s fellow human

being is the prominent theme of the moral teachings of the Quran and Sunnah. The message

here is conveyed in the variety of forms, contexts and ideas all of which are indicative of all

of the Islamic rights of privacy, which should be away from the encroachment of others”.63

The primary Islamic teachings much focus on the right of privacy very deeply. Therefore,

Allah recommends to the believers in the Holy Quran;

60

Sūrah al-A„rāf 7:33. 61

Ṣaḥīḥ Ibn Mājjah (al-Bānī), Ḥadīth no. 4352. 62

Ghazālī, Abū Hāmid, Iḥyāal-„Ulūm al-Dīn (Beirut: Dār al-Fikr, 1980), 3:190. 63

Kamālī, Freedom of Expression in Islam, 119 .


“O believers, Avoid suspicion as much (as possible): for suspicion in some

cases is a sin: And spy not on each other behind their backs”.64

A variety of Aḥādīth of the Prophet ملسو هيلع هللا ىلصlead us towards this important issue, One of them an

hadith is quoted below for wisdom and practice;

“Be careful of suspicion, suspicion is the worst of the fake conversation, and

do not look for the others blunders and do not spy, and do not be invidious of

one another, and do not leave one another, and do not hatred one another”.65

As well as, it is a frequent effort to harm the Muslim dignity. Therefore, Ḥadīth of the kind

Prophetملسو هيلع هللا ىلص considers it as seriously harm to Muslim‟s respect;

“Do not harm the Muslims brother, do not attribute evil to them, and do not

expose their hidden matters and weaknesses, for behold if anyone try to expose

the weaknesses of his Muslim fellow, God will uncover his own weaknesses”.66

To cover the weakness of Muslim brother is considered a virtue. The beloved Prophet ملسو هيلع هللا ىلص

recommends, “Who saves the honor of his brother, God will save his face from the fire in the

hereafter”.67

Here we concludes that this Hadīth of the Prophet ملسو هيلع هللا ىلصtells about the respect

and dignity of a Muslim believer and sensitivity about its care and responsibility. Moreover,

Islamic teachings do not allow degrading a person in the name of right to criticism.

Concealing the weakness and privacy of others is the most significant concept and

deed in the Islamic teachings. Islam recommends protecting a Muslim dignity. Thus, the

wise Prophet ملسو هيلع هللا ىلص teaches this vital theme;

“O people, who have professed belief verbally, but faith has not yet entered your

hearts: Do not interfere into the affairs of the believers, for he who will interfere

into the affairs of the Muslims, Almighty Allah will interfere into his affairs, and

he whom Allah follows curiously, is dishonored by Him in his own house”.68

Here, Numan Shād justly argues, “No one has the right to interfere in the private/personal

affairs of an individual. Others interfering in matters of his or her concern require reasoning

and justification. Matters relating to the individual are only that individual‟s prerogative, and

any investigation or interference in such matters is not allowed without the individual‟s

consent. Any inquiry into such matters should be based on legitimate reasoning in accordance

64

Sūrah Ḥujrāt 49:12. 65


Jāmī„ al-Tirmidhī, Ḥadīth no.2317 . 67

Nowawī, Sharaf- al-Dīn, Riyādh al-Ṣāliḥhīn, (Lahore: Darussalam, 1997), Ḥadīth no.1530. 68

Sunan Abū Dā‟ūd, Ḥadīth no. 4882.


with religious law”.69

To expose others weakness is an evil thinking. Hence, Islam forbids

from it at all. Here, Prof. Dr. Fathī Othmān rightly comments on this significant issue;

“According to Islamic teachings, freedom of speech and information is a

fundamental human right. Islam also denounces spreading lies and fake information

as well as passiveness and unwillingness when the truth should be expressed”.70

Without any hesitation Islam permits freedom of expression, speech and information

measured as a fundamental human right but side by side Islam wants to confirm the

inauthenticity of these sources. Moreover, Islam does not allow exposing of personal

weakness at all under the umbrella of freedom of expression and information. Consequently,

according to the above study we can easily perceive that to expose the weaknesses of others

and the secret of others is a crime, a legal as well as a moral one.

2.1.10. Prohibition of Libel (Qadhaf, Buhtān and Iftirā): Islam gives special

honor and dignity to human beings because it is the special creation of Allah. Accordingly,

libel is an important limit of Islamic freedom of expression. For that purpose Islam introduces

the law of libel and forbids from any kind of Qadhaf, Buhtān and Iftirā on human honour and

dignity. Generally libel is defined as; “The defamation (insult) of a person (or Group) by

written or representational means (is called religious, personal or social defamation)”.71

In

Islamic legal perspective, libel is a vast term and includes any kind of insult; dishonor or

defamation to human respect is restraint; for example, Qadhaf, Buhtān, Iftirā, blasphemy or

insult etc. Here, Maulānā Maudūdī utters about Islamic law of libel;

“In fact, these evils (Qadhaf, Iftirā and Buhtān) cause mutual enmities and then

lead to grave mischief in the society. In this connection, in the light of the

guidance of Quran and Ḥadīth, the Law of libel can be compiled. The Islamic

law, on the contrary, recognizes a basic honor for every person and gives nobody

right to attack it, no matter whether the attack is based on reality or not, and

whether the person who has been attacked has a reputation of his own or not”.72

Al-Qadhaf is also related to a libel action. It is a special Islamic term which means a

slanderous accusation or allegation on personal honor of a human male or female. Qadhaf is a

Qurānic term which literally means “Throwing or Casting”. Islamic scholars define the term

Qadhaf; “Literally Qadhaf means throwing the words of abuse at others. In this general sense

Qadhaf could comprise all kinds of abusive words including, slender, libel, insult, abusing

69

https://drnaumanshad.wordpress.com/what-is-personal-what-is-not-the-islamic-perspective/7/1/2017. 70

Fathī, Freedom of Expression, 2. 71

http://www.merriam-webster.com/dictionary/libel/Accessed; 10/1/2017. 72

Maudūdī, Tafhīm al-Quran, 5:91.

http://www.merriam-webster.com/dictionary/libel/


and cursing etc”.73

In Islamic context, the Qadhaf is measured as serious and dangerous most

crime and charge against personal dignity and respect of a Muslim believer. This crime also

harms the society and social admiration of a person seriously. Sūrah al-Nūr of the Quran

explains this law in detailed and also describes the preventing measures. Majority of the

Muslim scholars claim that the foundational sources of the law of Qadhaf in Islam are the

following verses of Sûrah al-Nûr. These verses of the Quran describe in details about law of

Qadhaf and also describe its importance and sensitivity in Islamic perspective. Hence, Allah

announces the punishment of this capital crime in the Quran;

“And those who launch a charge against chaste women, and produce not four

witnesses flog them with eighty stripes, and reject their evidence ever after”.74

This Qurānic text describes the punishment for a Qādhif, the accuser eighty lashes. The first

Qadhaf punishment was implemented in Islamic history during the incident of Ifk after the

revelation of these Verses of Surah Nūr in the Quran. According to the valuable interpretation

of Imām Ibn Kathīr of this verse of the Nobel Quran;

“This verse of Quran states the approved punishment for charging false Qadhaf

against innocent women. If the person who is falsely accused is a man, the same

punishment of flogging also applies. The Fuqahā‟ have no contradiction on it”.75

Similarly, according to Hafiz Ibn Rushd views on Qadhaf, “Anyhow who accused an

innocent man or women of fornication or adultery and he did not prove it with four reliable

witnesses, he is liable to the punishment of eighty lashes. If the accuser fails to provide

evidence, then he becomes liable to the punishment of Qadhaf. All other types of allegations

such as accusing of bribery and other offences are liable to the discretionary punishment of

Ta„zīr”.76

Qadhaf is the most serious charge (Ḥadd77

) in Islam. Nobody can terminate or

prevent it after it is proven. According to Imām Abū Ḥanīfah‟s judgment; “Qadhaf is like the

other Ḥudūd offences, it is the violation of God‟s right that pardon by the victim may not

obstruct enforcement of the prescribed punishment”.78

This also should be remembered that

the Sabb (Abuse for insult) is something different from Qadhaf (casting). Here, a leading

contemporary jurist and scholar Professor Dr. Muhammad Hāshim Kāmalī categorically

differs between “Qadhaf (Casting) and Sabb (Abuse for insult);

73


Sūrah al-Nūr 24:4-5. 75

Ibn Kathīr, Tafsīr Ibn Kathīr, 3:350. 76

Ibn Rushd , Muhammad bin Ahmad , Bidāyah al-Mujtahid (Cairo: Dār al-Ḥadīth, 2004), 2:440. 77

Ḥadd: According to Islamic scholars Ḥadd (definite punishment) is a right of God. No any ruler or scholar has

right to cancel or change it. There are five agreed upon Ḥudūd in Sharī„ah (Islamic Law). 78

Ibn Rushd, Bidāyah al-Mujtahid, 2:443.


“Sabb (to insult) is different from Qadhaf that the latter does not materialize

without attributing a specific charge to another person. Whereas a Sabb can be

a general attribution which humiliates the person to whom it is addressed”.79

Iftirā and Buhtān are also serious charges and forbidden in Islam but do not reach to

the seriousness of Qadhaf. Qadhaf is a Ḥadd (capital punishment) and could not be changed

by any authority. It is noticed from the above discussion, to insult any one or to make charge

of Qadhaf or Iftirā is not allowed in Islam. So Islamic freedom of expression does not allow

anyone to insult or pollute someone‟s respect under umbrella of free speech. Islam protects

and prefers the personal dignity and respect of human being in any case and in any

circumstances. It means the ultimate goal to grant freedom of speech, expression and thought

in Islam is the safety human dignity and to the spread of truth. Prof. Baht maintains it as;

“The definitive objective of the Qurānic expression of all speech is to promote veracity, the

discovery of the truth (al-Ḥaq) and to uphold human respect honor and dignity”.80

The above discussion clearly states that Islam allows freedom of expression and

speech but does allow Qadhaz and Iftra in the name of freedom of expression. It‟s like

abusing in the name of freedom of communication. This significant Islamic principle of

freedom of speech actually closes all kind of abuses doors. Nobody can be allowed in the

name of freedom to abuses other in religious or non-religious issues.

2.1.11. Forbidding Backbiting, Suspicion and Derision: It is also a morally

significant principle and limit of Islamic freedom of expression that it stops backbiting,

defamation and derision of the other. Many commands of the Quran and Ḥadīth discuss it in

details. Especially Sūrah Ḥujurāt presents one of the best codes about the practical life. This

Suarah of the Quran is also called manners of life because it presents beautiful principles

about social and individual life. Allah commands in the Holy Book;

“O Believers! Avoid suspicion as much: for suspicion in some cases is a sin:

And spy not on each other behind their backs. Would any of you like to eat the

flesh of his dead brother? Nay, ye would abhor it”.81

Backbiting is a very shameful conduct and the teachings of the Quran and Ḥadīth condemn it

strictly. Here it seems necessary to define it. According to Mawlānā Mawdūdī comments;

“Ghībat (Backbiting) has been defined as: It is saying on the back of a person something

79


Bhat, “Freedom of Expression from an Islamic Perspective”, 71. 81

Sūrah Ḥujrāt 49:12.


which would hurt him if he came to know about it. This definition has been reported from

the Prophet himself in his Ḥadīth”.82

The Prophet ملسو هيلع هللا ىلص defines Ghībat due to its importance;

“Do you know what is backbiting? They said; “Allah and His Messenger know

best”. He said; “It implies you‟re talking about your brother in a manner which he

does not like”. It was said to him; “What is your opinion about this that if I actually

find in my brother whom I made a mention of?” He said; “If is actually found what

you assert, you in fact backbiting him, and if that is not in him it is a slander”.83

From the above debate there is no permission of backbiting of Muslim brothers. The

Islamic scholars consider some cases, exceptions from this rule. According to Syed

Mawdūdī‟s views; “The only exemption to this prohibition is the case, in which there may be

a valid requirement of speaking of a person on his back, or after his death, and this may not

be fulfilled without resort to backbiting, and if it was not resorted to, a greater evil might

result than the backbiting itself”.84

This exception is expressed in a Ḥadīth as a principle, “The

most horrible excess is to attack the honor of a Muslim unjustly (without any right)”.85

The

above arguments are enough to express the demerits of Ghībat in a Muslim society. But this

is being exercised in our societies excessively in the name of freedom of expression. Islam

never allows insult of a Muslim in the name of free speech. Another important principle

restraint of the Islamic freedom of expression is to avoid from much suspicion and spy.

Almighty Allah advises in the Quran;

“O Believers! Avoid suspicion as much: for suspicion in some cases is a sin:

And spy not on each other behind their backs”.86

Imām Qurṭabī interprets this verse; “The meaning of suspicion (Zann) in this place is

immoral charge to a person which he does not deserve, so Almighty Allah asks not to

spy”.87

According to the Islamic point of view, suspicion is not forbidden altogether, but at

sometimes it becomes a social and legal need. Mawlānā Mawdūdī analyzes different types of

suspicions and then comments; “In Islamic perspective the suspicion by itself is not

completely forbidden, rather in some cases, it becomes admirable, in some situations

inevitable, in some allowed up to a certain extent and in some cases absolutely unlawful. That

is why it has not been enjoined that one should refrain from suspicion altogether, but what is

enjoined is that one should refrain from much suspicion. Then, to make the intention of the

82



Mawdūdī, Tafhīm al-Quran, 5:91. 85

Sunan Abū Dāwūd, Ḥadīth no.4878. 86


Qurṭabī, Muhammad bin Abī Bakr, Tafsīr al-Qurṭabī (Cairo: Dār al-kitāb, 1964), 3:67.


command explicit, it has been said that some conjectures are sinful”.88

When Islam says the

suspicion and conjecture is not completely forbidden it means we use it for betterment and it

depends upon the intention of a person. In Sharī‟ah Suspicions‟ has a variety of meanings.

The Prophet Muhammadملسو هيلع هللا ىلصalso prohibits from the much suspicions and spy on the

Muslims in many Aḥādīth, e. g;

“Avoid much of the conjecture, for conjecture is the biggest lie in the conversation,

do not be curious about one another and do not spy upon one another and do not

think jealousy of one another, and nurse no malice, and nurse no aversion and

hostility against one another. And be fellow-brothers and servants of Allah”.89

The good conjecture is considered as good Islam of a Muslim. Spying is also not allowed is

Islam because this opens the door of Fitnah(sedition) in Islamic society. According to

Mawlānā Mawdūdī‟s comments; “Do not grope into the secrets of the people: do not search

for their defects, and weaknesses: do not pry into their conditions and affairs. Whether this is

done because of conjecture, or for causing harm to somebody with an evil intention, or for

satisfying one's own curiosity, it is prohibited by the Islamic Sharī„ah in every case and

situation . Even the Islamic government is bound as well as an individual”.90

The Prophet

also said in his glorious statement, “When you start inquiring into the secret affairs of ملسو هيلع هللا ىلص

the people, you will corrupt them, or at least drive them very near to corruption”.91

Consequently, Islamic freedom of speech stops all kinds of conjecture, spying and

derision of a person or group to satisfy their curiosity because this is against the personal

secrecy and privacy. These things also create destabilization in a society. So to avail free

speech, one needs to accept the principles which balance liberties and responsibilities.

2.1.12. To shun Acrimony and Squabbling (Jadal and Khaṣūmah): The last

but not least very important principle and restraint in this study is recommended silence on

some occasions. From the Islamic perspective, it is one of the most vital moral principles.

There are numerous Aḥādīth of the Prophet ملسو هيلع هللا ىلصguides us on this issue. Many Ahādīth of the

Prophet ملسو هيلع هللا ىلص forbid from interfering with the irrelevant affairs, “It is indeed an excellence of

Islam of a Muslim that he leaves interfere, if the matters which he has no concern with”.92

Ḥaḍrat Abdullah bin „Abbās (RA) interpret this Ḥadīth of the kind Prophet ملسو هيلع هللا ىلصlikewise;

88




Sunan Abī Dā‟ūd, Ḥadīth no.4890 . 92

Jāmī„ al-Tirmidhī, Ḥadīth no.2317.


“Engage yourself not in bitter speech either with learned or fool. For the

former is likely to defeat you and later is likely to abuse you. Mention your

brother favorably in his absence and mention him not in such a way that he

would be displeased if he were to hear it”.93

This study finds contentiousness (Jadal and Khaṣūmah) are the worst shapes of free

conversation. The majority of people keep busy themselves in such useless activities. Islamic

teachings discourage them and recommend useful silence and patience. The continuous and

useless squabbling causes displeasure of God. Allah clarifies it in the Quran;

“There is the type of man whose speech about this world's life May dazzle thee, and

he calls Allah to witness about what is in his heart, yet is he the most of disputer”.94

The Model of excellence, the Messenger of Allah, explains this verse of the Glorious Quran

because Hadith is the best interpretation of the Quran. Once the kind Prophet ملسو هيلع هللا ىلص explains

this verse of the Quran in this way, “The most disliked of men before Allah is the most

contentious one”.95

There are many other sayings on this important topic. One most

significant statement of the Prophet ملسو هيلع هللا ىلص gives a guarantee to reward a believer, who

withdraws rightfully; “I guarantee of the palace in the middle of the Heaven to one who

leaves the dispute even he is on the truthful”.96

Contention and squabbling is measured as a key feature of Munāfiqīn (Hypocrites).

Almighty Allah and the Prophet of Islam, Muhammad ملسو هيلع هللا ىلص mention it as the distinguishing

features of the hypocrites. The Quran and Ᾱhādīth of the Prophet ملسو هيلع هللا ىلص tell us its details.

“And they say; Are our Gods best, or he? This they set forth to thee, only by

way of disputation: yea, they are a contentious people”.97

The features of hypocrites are clearly described in Islamic sources due to its demerits. Thus,

the Prophet ملسو هيلع هللا ىلص also tells about the features of the hypocrite (Munāfiq) in his Hadīth;

“Four features made anyone who has them, a pure hypocrite, anyone who has

one of them has a feature of hypocrisy till he abandons it: when he talked he

93

Muqaddisī, Muhammad bin Mufliḥ, Kiitāb-al-Adāb (Beirut: Mua‟ssisah al-Risālah, 1999), 1:43. 94


Jāmī„ al-Tirmidhī, Ḥadīth no.2976. 96

Sunan Abū Dā‟ūd, Ḥadīth no.4802. 97

Sūrah Zukhruf 43: 58.


lied, when he made a covenant he acted unfaithfully, and when he quarreled

he turned from the truth”.98

Instead of Munāfiqīn, a Muslim believer always avoids unnecessary and irrelevant issues of

daily life at all. Allah says about the prominent features of the believers. Here again, I would

like to state the Nobel verse of Surah (al-Furqān 25:72), “Who (The believers) avoid vain

talk”.99

In another place of the Holy Quran, Almighty Allah reflects Muslims as brothers and

commands them to be peaceful.

“The believers are but a single brotherhood: So make peace and

reconciliation between your two (contending) brothers, and fear Allah”.100

The Prophet ملسو هيلع هللا ىلص recommends peace and easiness for Muslim bother in discussion and

conduct. “Avoid arguing with your brother, do not joke with him, and do not make a promise

only not to fulfill it”.101

According to the views of Islamic scholars, it is identity of Ahlal-

Sunah to avoid all kinds of acrimony. Islam does not allow a freedom of speech and

conversation on the cast of chaos and turmoil. Thus, from above discussion, this study

categorically reaches on this conclusion that Islam does not allow useless and unsupported

contentiousness. Islam encourages useful and thoughtful conversation or otherwise

recommends meaningful silence for social peace and prosperity.

According to this study and research, these are some most important moral, social and

legal principles and limits of freedom of expression from an Islamic perspective. The above

discussion more explains and specifies the issue that if Islam provides the right to free

expression and speech to everyone for human dignity and search of the truth then it also

prescribes its principles, limitations and parameters to save the society from any kind of

anarchism, chaos and disturbance. Thus, on the behalf of previous academic discussion, it can

be perceived; doubtlessly these principles of Islamic freedom of expression and speech lead

the society towards universal peace, prosperity and humbleness, if anybody carefully and

vindictively tries to follow it. Actually these principles bound the freedom of expression and

speech with some reasonable limits and boundaries otherwise if we leave open the right to

freedom of speech or in other words make it limitless. It can create chaos, confusion and

distortion for the society. Therefore, to save the society from this controversy Islam limits

the freedom of expression and equally focuses on responsibilities as rights and liberties.

98


Surah al-Furqān 25:72. 100

Sūrah al-Ḥujurāt 49:10. 101

Jamī„ al-Tirmidhī, Ḥadīth no.2126.


2.2. Limits and Principles of Free Speech in the Western Context:

The contemporary Western thought and legal system has extraordinary claims to offer

all kinds of human freedoms and liberties including freedom of speech and expression.

Obviously, the Western thought provides and advocates lot of freedom of speech and

freedom of press but it has also some regulations, limits and restraints. It should be

remembered that in important global Western human rights instruments and conventions

guarantee the freedom of expression they also manage it through a complete legal and

political system. But actually, the excess of freedom is bringing the society to harsh kind of

clash. Definitely the Western legal system has a capacity and eligibility to manage it but the

actual condition is not too good as the claims in the society. In simple words, freedom

without legal and moral restrictions cannot be managed. It is observed, without legal and

moral boundaries it cannot be proved fruitful for society. Even the Western world which is

representative of maximum freedom of speech, also bounds the freedom of expression with

some limits and restriction. A research study of a young Muslim researcher rightly exposes;

“It is propagated continuously from liberal NGO‟s and secular lobby that the

West provides outclass freedom of expression. The actual situation is not so,

because if on the one hand, the international instruments provide freedom of

speech, on the other hand, they limit it through some laws. Ultimately, if we

do not regulate it, then it will prove harmful to the public”.102

In other words or in more simply words, it is a just mythology and leashed propaganda that

the Western thought and civilization provides absolute and unlimited freedom of expression

and press in their countries. Actually they limit freedom of expression with some legal

boundaries and laws rather than ethical and moral.

Moreover, every sensible person knows it very well that every freedom has some

redlines and they should not be violated. A journalist asks a question from a French

politician, Greet Welder when he was leading a campaign against Islam and the Quran: “Is it

not against freedom of expression?” He replied, “I want us to have freedom of speech but

there is one redline, incitement of violence”.103

Freedom of expression in the West is

guaranteed and assured very much, but they are also limited with responsibility and laws. As

we read in Canadian Charter of Rights and Freedoms, “The Charter of Rights and Freedoms

assure the rights and freedoms but with such sensible restrictions prescribed by law as can be

102

Sheikh, „Abdussamad, “Islam Mayn Ikhtilāf-e-Rā‟y key Gunjāish”, Mujallah Da‟wah 19:1(2012):38-55. 103

http://www.boston.com/bostonglobe/editorial/opinion/oped/articles/2009/03/08/Accessed:7/1/2014.


apparently defensible in a free and democratic society”.104

One of the most vital objective of

it is to limit and restrict the freedom of expression is to save the individual rights from other

and to save the society from harm as well. According to Graham Darling arguments,

“Freedom of speech may also be limited and restricted in order to maintain equilibrium in the

society”.105

In addition, Toby Mendel expresses importance of restrictions on freedom of

expression;

“Every system of international and domestic rights recognizes that freedom of

expression is not absolute. Some carefully drawn and limited restrictions on

freedom of expression may be necessary to take into account the values of

individual dignity and democracy”.106

According to my observation and study these redlines are legal and moral principles

and restraints. Although the West mostly does not care these redlines about religion and

especially in case of Islam and Muslims, but the limits and regulations about freedom of

speech and expression are available in Western legal and academic discourse. In the

following I shall try to express the important restrictions and regulations about freedom of

speech from the Western perspective.

2.2.1. Defamation: The most important and credible legal restriction on freedom of

expression is under defamation or law of libel. In a general sense the defamation means to

insult or harm others through utterances and writings. Oxford dictionary defines it as; “The

acting of causing harm to somebody by saying or writing bad and false things about

them”.107

There are many laws, available in the international and regional Western human

right‟s instruments. Before I go forward in my discussion, it seems necessary to explain the

defamation law. The general meaning of the law is;

“Defamation law is used to refer to any law associated with the defense of

individuals‟ status or feelings. All countries have different defamation laws, a

variety of terms are used to express these laws, including libel, slander, insult,

offences”.108

There are two major types of the defamation laws, 1-Civil Defamation, 2-Criminal

Defamation. We shall discuss the civil and criminal defamation under this point and religious

104

Smiley Donald Von, The Canadian Charter of Rights and Freedoms (Canada: Ontario Economic Council,

1981), Section no.1, 14. 105

http://ualawccsprod.srv.ualberta.ca/centres/ccs/issues/freedomofexpressionbackground/Accessed:8/5/2015. 106

Toby Mendel and Eve Solomon, Freedom of Expression and Broadcasting Regulations (Brasilia Office:

UNESCO,2011),P.12; unesdoc.unesco.org/images/0019/001916/191623e.pdf. 107

Allen, Oxford English Dictionary, 328. 108

Defamation Law ABC: An Introduction to Key Concepts of Deflation Law (London: Defamation

Campaigning Tools,2006 ),P.1;https://www.article19.org/pdfs/tools/defamation-abc.pdf.


defamation under blasphemy. It should clearly understand, legally, that every international

and regional human rights convention has legislation against defamation or on other hands,

has defamation and reputation laws. According to article 12 of the UDHR;

“No one shall be subjected to arbitrary interference with one‟s privacy, home or

correspondence, nor to tack up on one‟s honour and reputation. Everyone has the

right to the protection of the laws against such interference or attacks”.109

The International Convention on Civil and Political Rights (ICCPR)110

protects the

reputation of a person as well. As we read in the ICCPR article no. 17; “No shall be subjected

to arbitrary or unlawful interference with privacy, family, home or correspondence, nor to

unlawful attacks to his honour and reputation”.111

Furthermore the ICCPR legally protects

the nation and public interest and consider it criminal defamation. According to article no. 19

of ICCPR, “(The freedom of Expression shall be legally restricted) for the protection of

national security or public order or of public health or morals”.112

Defamation is also

prohibited in European Convention of Human Rights, ECHR. As we read in article no. 8,

“Everyone has a right to respect his private and family life, his home and correspondence”.113

In the United States of America, the defamation laws are also known as slander, libel and

malice etc., even the section 230 of the constitution deals with the online or internet

defamation. The regional and country laws of a member state of the common wealth and the

UN also has defamation and reputation laws. According to the African Commission of

Human Rights (ACHPR)114

, “No shall be found liable for true statements, opinions about

public figures which it was reasonable to make in the circumstances”.115

The study finds many laws and restriction regarding defamation and reputation, but it

is also a harsh truth that these laws cannot protect the respect and honour of a person from

defamation and insult due to unlimited freedom of expression. The fundamental principle and

hurdle regarding this aspect is the UDHR article No. 19; “Everyone has the right to freedom

of expression without any interference”.116

Another most important hurdle is the promotion of

109

Alfersson, Universal Declaration of Human Rights, Article no.12; 251. 110

ICCPR: Stands for International Convention on Civil and Political Rights. It is an international significant

human rights instrument which firmly manages to provide and respect the fundamental human rights and civil

liberties for its signatories. It was adopted by the General Assembly of the UNO in 1976. 111

Nihāl, Jaya Wikrma, The Judicial Applications of Human Rights Law (UK: Cambridge University Press,

2002), ICCPR, Article no.17, 597. 112

The Judicial Applications of Human Rights Law, ICCPR, Article no.19, 598. 113

European Convention on Human Rights, Article no.8, 10. 114

ACHPR: Stands for African Charter of Human and People‟s Rights. It is an important international document

on fundamental human rights and liberties. It is adopted by African Union on October, 1986. 115

Evans Malcolm and Murray Rachel, The African Charter of Human and People‟s Rights (UK: Cambridge

University Press, 2008), Article no.12, 233. 116

Alfersson, Universal Declaration of Human Rights, Article no.19; 256.


feelings of individual and society rather than reputation and respect. Most of the Western

writings express this issue. According to defamation laws ABC manual;

“A general fault which allows a defamation law to be abused is the defense of

feelings rather than reputations. Words like insult, affront or aspersion may be

used in such laws. Since feelings do not lend themselves to definition but are,

rather, subjective emotions, these laws can be understood flexibly to suit the

authorities‟ requirements”.117

Furthermore, it is observed the Western laws have no moral and revealed ethical

background118

. So they do not give any importance to ethics and promote legal system and

legislation rather than morality. So they set out any restriction on freedom of expression by

laws. We read in principles on freedom of expression; “Any restriction on free speech should

be approved by law. The law must be accessible, unambiguous and narrowly and precisely

drawn so as to facilitate individuals to predict with reasonable certainty in advance or

otherwise of a particular action”.119

A number of scholars have much reservation on

international and regional defamation laws because they cannot protect reputation of a person

against defamation. Syed Mawdūdī puts his reservation against Western law of libel likewise;

“The Western law pertaining to defamation is so imperfect that a person who

charges another under this law may well cause some loss to his own respect.

Rather than the Islamic law grants a basic honour for every person and gives

nobody the right to attack it, whether the attack is based on truth or not”.120

This discussion tells us that in the Western perspective, we find many defamation and

libel laws and regulations. Almost every Western constitution and human rights instrument

contains many laws about defamation and protection of human respect and honour. However,

the most terrible point is that a person cannot protect his respect and personal dignity due to

their complication. It is a very difficult task to prove defamation according to these laws.

From the above discussion, it can be concluded that the international defamation laws are

much defective to protect the personal respect and dignity of a common person. It is also

observed the Islamic and Western concept and standard of human respect and dignity is also

different due to difference of thoughts and social decorum.

117

Mandal and Solomon, Defamation Laws A&B: 3. 118

Ethical Background: Commonly, the contemporary western thought has no ethical and moral background

but in classical writings they have humanistic ethical background, found in Greek and Roman writings. After

separation of religion from collective affairs this relationship may not last long. 119

Defining Defamation Laws; Principles on Freedom of Expression and Protection of Reputation (London:

UNESCO,2000),P.5; https://www.article19.org/pdfs/standards/definingdefamation. 120

Mawdūdī, Tafhīm al-Quran, 5:85.


2.2.2. Religious Blasphemy: The second most important but controversial limit in West

is blasphemy or religious defamation. In general, perception the blasphemy means insulting

behavior or language towards religion, and figures (As, God, Prophet, Book and Church etc.).

The Oxford learners dictionary defines it likewise, “Behavior or language that shown insults

or lack of respect for God or religion”.121

The Islamic and Western (Christian) points of view

about blasphemy are different from each other. Both religions (Mulish and Christians)

believe on it but in an opposite way. We can find this difference in their academic discussion.

According to a renowned Muslim lawyer Muhammad Ismā„īl Qurayshī;

“According to the Christian theology it is to deny the existence of God and the

truth of Christianity or to slander the Redeemer (Jesus Christ) or to desecrate

and ridicule the Bible, whereas in Islam blasphemy is sacrilege and contempt

of God and his Messenger (and his Book)”.122

In common law, blasphemy is defined as; “The publication or matter which vilifies or is

contemptuous of or which denies the truth of the Christian religion or the bible or the Book of

Common Prayer”.123

It is also felt that the blasphemy laws have been under discussion due to

their sensitivity and importance. According to Mark Hill valuable point of view; “The

criminal offence of blasphemy and blasphemous libel has long and complex history which is

of equal attention to the social historians and to the jurists”.124

In contemporary Western legal system, the term blasphemy is not used those days but

they used alternately the religious defamation instead of blasphemy. Here, Scharff writes;

“The Blasphemy laws, in Europe and America (West), are mostly a historical

object. In 1952, in Joseph Burstyn, Inc. v. Wilson case, the US Supreme Court

held that criminalization of blasphemy violates the First Amendment”.125

The blasphemy laws were very strong in Europe before the first quarter of the 20th

century but

later on they were demolished gradually. Now in Europe there is no any single blasphemy

law. They are gradually finished or changed into religious defamation and common wealth

laws. According to the Western history of blasphemy legislation, the last person was

punished by the law of blasphemy in Europe round about one century ago. According to

Ummat newspaper research report; “The last person was persecuted (jailed) under the

121

Allen, Oxford Advance English Dictionary, 116. 122

Qurayshī, Muhammad, Ismā„īl, Muhammad: The Messenger of God and the Law of Blasphemy in Islam and

the West (Lahore: Naqūsh Publishers, 2006), 87. 123

Qurayshī, The Messenger of God and the Law of Blasphemy in Islam and the West, 89. 124

Mark Hill, Blasphemy and Human Rights (Cardiff; Centre for Law and Religion, 1998), 145-171;

www.deltapublicaciones.com/derechoyreligion/.../07_10_00_355.pdf. 125

Brett G. Scharffs ,“International Law and Defamation of Religion Conundrum”, The Review of Faith and

International Affairs 11:1(2013):66-76; http://www.tandfonline.com/doi/full/10.1080/15570274.2012.760979.


blasphemy act in England in 1922”.126

This and many other studies open this fact that the law

of blasphemy and its execution in Western world is near to end.

When we try to research blasphemy and religious defamation laws in the West, we

find lot of legislation. According to a legal expert of blasphemy law; “Blasphemy laws

(Defamation of Religion and Religious values) present round all countries of the globe in

variety of forms depending upon the religious beliefs and faith of the majority of the people

of that country”.127

Some important blasphemy and religious defamation laws in the Western

International and Regional legal instruments are as follows. Before I start to mention the

blasphemy law in the West it seems necessary to point out the law of blasphemy from the

Bible (Old and New Testament) because the majority of Christians and Jews are living in the

Western countries. Many verses of the Bible128

declare the blasphemy as unforgiving sin in

this world and the world hereafter. According to the Gospel of Saint Mathew;

“Whosever utter a single word against the Ghost (Christ), it shall not be

forgiven him, neither in this world, and nor in the world hereafter”.129

The Old Testament (Jews Holy Book, because they do not believe on whole Bible)

also declares death punishment to the blasphemer. The Book of Jeremiah in the Old

Testament expresses the Blasphemy law likewise;

“And he that blasphemed the name of the Lord (God), He shall be surely put

to death and all congregation shall certainly stone him”.130

It is also an important question in Christian as well as Muslim perspective that why is the

capital punishment prescribed against this offence? The Encyclopedia Britannica (A Western

authentic source of knowledge) responds in this way;

“The underlying idea actually is that an attack on the religion (Judio-Christian) is

inevitably an attack on the state. This idea possibly has been the reason why

punishments have been put down even in some secular legal codes”.131

According to UK law of blasphemy the capital punishment of death was put down to

this charge till the end of 19th

century but therefore now it is changed into life‟s detention.

Here, Hārūn Khan Sherwrānī rightly articulates, “The maximum sentence for blasphemy is

life imprisonment. The punishment for sedition and seditious libel is also the same as that for

126

Rafique, Afghan (ed.), Daily Ummat News 19:175 (January 15, 2015); A6. 127

Qurayshī, Muhammad: the Messenger of God and Law of Blasphemy in Islam and the West, 85. 128

The Holy Bible: The sacred Book of the Christianity (New Testament) and the Judaism (Old Testament). In

this thesis the New International Version (NIV) is used for translation and references. The Holy Bible, NIV

(Michigan: ZONDERVAN, 2011) International Bible Society (IBS), USA. 129

Mathew 12:32. 130

Jeremiah 24:16. 131

Philip W. Goetz (ed.), The New Encyclopedia Britannica (London; Britannica Inc., 1989), 2:74.


blasphemy”.132

Eight countries of the Europe have blasphemy laws in some shape. Even

Britain law considers it a criminal offence. According to the historical judgment of a British

Chief Justice Lord Scarman in 1978;

“The blasphemy belongs to a group of criminal offences designed to safeguard

internal harmony of state. Especially, in an increasingly pluralist society such as

that of modern Britain, I think it is the case for legislation expanding blasphemy

law. It is compulsory not only to respect different religious beliefs and feelings of

all but also to protect them from defamation, ridicule and contempt”.133

The United States of America although is considered as a secular state but here also

available the blasphemy laws as in Christian Britain. In USA, constitutionally the blasphemy

is defined specially. We can see it in Corpus Juris Secundum (CJS)134

;

“Blasphemy is the insult of God, wantonly attacking the Christian religion,

contumelious criticisms on Jesus Christ or the revealed scriptures to disrespect

and deride them”.135

Many academic studies and legal observations depict this issue very clearly. According to the

momentous judgment of USA Supreme court about blasphemy law, “The law of Blasphemy

with reference to the law of liberty, freedom of speech and Press as guaranteed by US

constitution”.136

It is further said from the honorable judges of the United States of America

in their historical judgment about blasphemy;

“It is farthest from our thought to claim superiority for any religion, sect,

society, or denomination or even to admit that there exist ant distinct, avowed

connection, between church and state in the United States of America or in

any individual state”.137

Moreover, most of the western countries have blasphemy laws in any shape till now

but they are not strong as compare to Britain and America. For example, in Finland Penal

Code; Chapter 16, Section 10, in Germany Penal Code Article 166, in Ireland according to

Irish constitution, In Netherlands‟ Penal Code Article 147, in New Zeeland crime article 123,

In Spain Penal Code article 525, in Switzerland Penal Code article 161 and in Norwegian

132

Shirānī, Harūn Khan, Studies in Muslim Political Thought and Administration (Lahore: Sheikh Ashraf

Publishers, 1945), 8. 133

Richard Webster, A Brief History of Blasphemy (New York: The Orwell Press, 1990), 64-65. 134

CJS: It stands for Corpus Juris Secundum. It is an official encyclopedia of United States law and court

judgments at federal and state levels. It covers over more than 430 topics. It has many volumes. 135

Robert J Owens (ed.), Corpus Juris Secundum: A Contemporary Statement of America Law (New York:

West Publishing Company,1997),11:358. 136

Notes of Cases, “US Supreme Court Judgment (State v Mockus)”, Virginia Law Register 7:11(1922):855-858

; http://www.jstor.org/stable/1106883. 137

Owens, Corpus Juris Secundum: A Contemporary Statements of American Law, 11:359.


Penal Code Article 142 declare money penalty and Jail punishment in case of religious

blasphemy. But it is a big dilemma in western countries with religious blasphemy laws that

almost courts free the criminal of blasphemy after a warning under the shadow of freedom of

expression and human rights. Therefore, Muslim community feel that it is a kind of

discrimination that if you speak or write against myth of Jews Holocaust then it is a hate

crime and the western courts strictly punish the guilty person but if any person blaspheme the

religion specially Islam and the beloved Prophet of Islam ملسو هيلع هللا ىلص then the courts have soft

corner for him in the name of free speech. Here, scholarly views of Mirza Muhammad Ilyas

define it more clearly;

“Many examples show that according to majority of western scholars, the

right to freedom of expression is not absolute. The religious offender cannot

take shelter under the umbrella of freedom speech. Religious blasphemy is

also a crime in liberal societies. If freedom of expression is declared freed

from all limits then what will be the laws regarding freedom of expression”.138

Furthermore, it have been stated earlier that the laws of blasphemy are interpreted

according to their own desires and requirements and additionally are not actively

implemented in religious issues, especially in case of Islam and Muslims. The reason to

misinterpretation of the blasphemy laws is also due to lack of international interest in

religious defamation issues. It is also a big dilemma that there is no single law of Blasphemy

in international conventions and charters as; UDHR, ICCPR and ECHR etc. Furthermore,

every sensible effort for international blasphemy laws was mad fail due to potical

interference of world powers.

Another important reason to misinterpretation of regional blasphemy laws is priority

of freedoms and rights on human dignity and religion. As we know the blasphemy laws are

found in all over the world but they proved or made it inefficient to eradicate the blasphemy

and defamation of Religion. As we see in Salman Rushdie issue of the Book “Satanic

verses”139

in British Supreme Court. For academic interest it is stated, when Muslims

knocked the door of British justice in the view of lord Scaman‟s historic judgment in

blasphemy case, then they replied that the blasphemy law of Britain is only related to

Christianity. Therefore, it does not expand to defend the offensive attacks on other religions

such as Islam. Then the leadings British Muslims went to European Court of Human Rights

but sorry to say the ECHR also decided;

138

Mirza Ilyas, Ᾱzādī-e-Izhār kay Nām Per, 72. 139

The Satanic Verses: Selman Rushdie‟s book against Islam, the Holy Quran and the Holy Prophet of Islam

Muhammad ملسو هيلع هللا ىلص.The British government officially grants him protection and political asylum as well.


“The court also considered the fact that England only extends to the Christian

faith. It was not however the European court to rule in abstract about the

compatibility of British law with convention”.140

In this way, the Westerns play double game with Muslims, on the one hand they protect

Christianity through states and from blasphemy laws in their countries and do not ready to

give any benefit to Muslims but on other hand they try their best to repeal the blasphemy

laws in the Muslim countries. According to an international report of US department of states

on religious freedom and blasphemy in 2003; “In fact the laws of blasphemy were indorsed to

defend the life liberty and property of minorities (in the Muslim world especially in Pakistan)

from discrimination and abuse”.141

Here a question arises, that has the USA government succeeded to give sufficient

protection and security to the Muslims of America? The answer is obviously in negative

because after the terrible incident of 9/11, the United States of America including other

Western countries has become most vulnerable countries for Muslims. The fresh incident of

that kind is the killing of three Muslim students in NC University. According to the official

statement of regional Police Chief; “We recognize the concerns about the chance that this

was the hate aggravated (Case against Muslims)”.142

Another dilemma is that the Western

media kept silent on this issue and if someone discussed it, they made it a local parking

dispute between two students. While the facts refuse it completely. The later developments

exposed all the evidences that this was a religious as well as racial clash. This incident like

many others clearly shows the position of Western pluralism, secularism and

multiculturalism. Obviously Muslims are not feeling safe and good both physically and

ideologically. Dr. Shīrīn Mazārī comments; “The blasphemous cartoons, vocal as well as

physical assaults against the Muslims of the West, their religion and mode of life have

enlarged to as hocking level in the latest years”.143

This clearly means if the states and the

administration are fair to stop this criminal activity on the name of freedom of expression and

speech, they can stop it.

Due to lack of active international blasphemy laws, the Muslims of the West feel

trouble and unsaved. So we suggest the international legislation against blasphemy and

defamation of all Religions. Saudi Arabian government rightly suggested UNO to make laws

against religious defamation and ideological vilification. It would be propitiate to say that the

absence of international blasphemy laws gives benefit to potential blasphemers. Hate speech

140

Philip Alston & Rayan Goodman, International Human Rights (Oxford: University Press, 2013), 674. 141

Ismā„īl, Muhammad: The Messenger of God and the Blasphemy laws in Islam and the West, 97. 142

http://www.aljazeera.com/news/2015/02/students-murdered-university/Accessed:25/2/2015. 143

Shīrī Mazārī, Islam aur Maghrib; Mabāḥith aur Pālīciyān (ed., Khālid Reḥmān) (Islamabad: IPS, 2014), 74.

http://www.aljazeera.com/news/2015/02/students-murdered-university/Accessed


and religious blasphemy activities are increasing day by day. It is high time to initiate laws

against rapidly growing religious defamation and vilification all over the world and especially

in the Western countries.

Accordingly, Director Saudi Arabia international religious affairs rightly demanded;

“Efforts should be made to bring to book the persons who insult religions, Prophets, the holy

books, religious symbols and places of worship, he said, pointing out such abuses that have

led to intolerance, extremism and violation of human rights”.144

There is a prompt need to stop

this hatred and hostile movement against religion in this respect and particularly against

Islam, because Islam is the most affected. The question is that, how it is possible while many

groups of Western social, political parties and NGO‟s are running international campaigns

against blasphemy laws with the support of Politicians. They consider blasphemy laws threat

to human rights. Global Freedom house report states; “Freedom of speech is constantly

controlled by blasphemy laws, through straight enforcement as well as the self-censorship

they provoke, this report recognizes a mass of other fundamental rights that are harmfully

affected by such laws”.145

Some social and political parties are attempting collectively against

blasphemy laws. According to IHEU146

reservation about laws of blasphemy;

“We desire to see the left behind laws against blasphemy and religious offense

in Europe, Canada and New Zealand repealed. Clear international human rights

consensus is found against blasphemy laws”.147

Under the impact and pressure of this campaign the blasphemy laws in England was

abolished in 2008. According to Nick Gisburne views about blasphemy laws; Blasphemy as a

criminal offence was finally abolished from the UK laws books in July 2008 after an

amendment in British Common law”.148

In other words, now you are free to abuse any

religion without any fear of law. In fact, now days, the blasphemy laws in Europe and

America are not protector in this case but have become ineffective to protect religious

minorities. Till today whenever a serious effort is made by any group or country, the

European Union and America veto against it. Many Muslim countries on the forum of

OIC149

have submitted resolutions and requisitions against blasphemy, hate speech and

144

http://www.arabnews.com/saudi-arabia/news/781736/ Accessed:12/1/2016. 145

Jo-Ann Prud‟homme, Policing Belief; Impacts of Blasphemy Laws (USA: Freedom House, 2010), 2;

https://www.freedomhouse.org/sites/default/files/Policing_Belief_Full.pdf. 146

IHEU: An International Humanist and Ethical Union. A secular collision against Blasphemy and religious

defamation laws in Europe. They are running a campaign to repeal the blasphemy laws worldwide. 147

http://iheu.org/end-blasphemy-laws-a-new-campaign/Accessed:25/2/2015. 148

Nick Gisburne, Blasphemy Anthems for Atheists (London: UNCT Press, 2008),9. 149

OIC: Stands for Organization of Islamic Countries. It is an International Muslim countries forum for mutual

cooperation and solution of the disputes. Its head quarter is situated in the holy (Muslims) city of Makah, KSA.

http://www.arabnews.com/saudi-arabia/news/781736/

https://www.freedomhouse.org/sites/default/files/Policing_Belief_Full.pdf.

http://iheu.org/end-blasphemy-laws-a-new-campaign/Accessed


defamation of religion but they are rejected and objected due to freedom of expression.

According to a research article of Scharaffs;

“No one desires to defend Islāmophobia, defamation of religion and hate speech.

The American government constantly oppose such resolutions in the UNO on the

reasons that their implementation risks limiting both the freedom of expression

and the freedom of religion”.150

On the basis of these reservations and pressure, the UNO rejected these resolutions

and gave its controversial judgment against defamation of religion and blasphemy in 2010.

According to the UNO; “All resolutions are basically at prospect with the modern human

rights regime in that they protect belief system rather than believers, ideas rather than

people”.151

It means when they allow a person to defame Islam or to blaspheme the Prophet of

Islam they are protecting 1.5 billion Muslims of the World rather than Islam. The 1.5 billion

Muslims of this globe have no worth any rights because the people are only the American and

Europeans. There are more than 20 resolutions have been submitted from Muslims in UNO

from 1999 to 2010 against defamation of religion Here another question arises, after 9/11,

some laws are made on national and international levels against their so called freedom rights

and liberties to protect their internal and external security, as well as, there are many laws

which clearly contradict the freedom of speech, press and human rights, but they insist on

them on the grounds that these laws save the people and maintain law and order situation in

the state and society, for example laws about Holocaust, British royal family, contempt of

court, contempt of Constituent and blasphemy of Jesus Christ. Why they do not implement

these laws about Islam and the kind Prophet Muhammadملسو هيلع هللا ىلص. I think, one of the major facts

is that the West considers it attack on the group not individual and Western laws are

individual based rather than community. According to Paul Cliteur and Tom Herrnberg

views in his book regarding „Rise and fall of Blasphemy Laws‟;

“The court deemed these statements to be insulting and degrading to the

adherents of Islam, though to some this was not seen as an attack on

individuals or a group of people but as criticism of an ideology. The man was

acquitted by an appeals court, but the incident shows that it may be difficult

even for professional judges to draw clear lines between blasphemy and

incitement to religious hatred”.152

150

Scharaffs, International Law and Defamation of Religion, 68. 151

Ibid, 69. 152

Paul Cliteur & Tom H, The fall and rise of Blasphemy laws (USA: Leiden University Press, 2016), 11.


This statement shows that in West individual have more importance and weightage than

group, Ideology or even Prophets of a religious community. Actually it is their legal frame

work and political strategy that they protect individuals other than communities.

Moreover, it is observed that in all over the West there is no absolute freedom of

expression. Many laws and convention of Europe related to human rights and civil liberties

have been narrowed down or frankly limited these freedoms with laws and responsibilities.

The New Book of Knowledge affirms the boundaries to use these fundamental rights and

liberties. Isadora Starr writes;

“According to the (American) law, we may use these right (and liberties such

as freedom of religion, speech and press) only as long as they do not harm

others. When there is an apparent and present threat to public security, these

liberties may be reduced by the local State or federal government”.153

Why are these laws not implemented to protect the honour of Islam for public security? In

other phrase, why these laws are failed to protect religious minorities and their religious

freedom and rights? Here, Dr. Mazārī rightly replies,” These are the laws put restrictions on

freedom of expression. The real issue, however, is the weak implementation of these laws to

punish these responsible for breaking it by publishing the blasphemous cartoons”.154

This

means issues are not related to laws but it is related to implementation and activism of laws

with full justice and true spirit regarding religions.

2.2.3. Hate Speech (Racism, Anti-Semitism and Xenophobia155

): The third

most important principle and restriction in Western perspective of freedom of expression is

hate speech. In common words the hate speech means the words or discussion which creates

hatred and repugnance in the society and state for individual or groups. Legally it is defined;

“Hate speech is a communication (in any format or form) that carries the expression of hatred

for some group or individual, especially in circumstances in which the communication is

likely to provoke violence”.156

There are many laws, legislation and treaties are found in the

international and regional human rights conventions, commissions and legal instruments.

Although some measures were taken in UDHR article No.7 of the UN but they were not

enough to eliminate the hate speech and racial crimes. The (ICERD)157

of the NU in 1965 is

153

Willaim E Shaprio, The New Book of Knowledge (Danbury: Grolier International Inc., 983), 6:457. 154

Sherīn Mazārī, “Multiculturalism and Islam in Europe”, Policy Perspectives 7:1 (2010):91-101. 155

Xenophobia: It means to dislike or perjure the people of other counters .This term is used to determine the

phobic attitude towards other countries and races. Xenophobia is increasing in Europe. 156

http://definitions.uslegal.com/h/hate-speech/Accessed:26/2/2015. 157

ICERD: stands for International Convention on the Elimination of all Forms of Racial Discriminations. A

hallmark measure was taken to overcome hate speech and racial crimes of all forms by the UNO in 1965.

http://definitions.uslegal.com/h/hate-speech/Accessed


directly related to deal with the hate speech and racial crimes of all forms. According to the

article No. 4 of the ICERD;

“States Parties condemn all misinformation and all organizations which are

founded on thoughts or theories of dominance of one race or group of persons of

one colour or racial origin, or which effort to defend or encourage racial hatred

and prejudice in any form, and assume to adopt urgent and constructive steps

planned to wipe out all stimulation to, or conducts of, such discrimination”.158

The joint declaration on religious demotion suggests limiting the freedom of

expression to save the religion from defamation. This declaration was the joint venture of

American Commission, European Union and African Union. According to this declaration;

“Limits on freedom of speech should be imposed in scope to the defense of

prevailing personal rights and social benefit, and should never be used to

defend particular organizations, or abstract concepts, ideas or values, including

religious ones”.159

Furthermore, some important steps are recommended to eradicate all kind of racial and ethnic

discrimination. As we read in Article No. 4(Section A , B and C) of ICERD; “A)- All kind of

racial and ethnic discrimination is considered a criminal offence punished by law, B)-

Promotion of all kind of racial discrimination and activities is declared illegal and C)- All

public authorities and institutions are prohibited to promote racial discrimination and

incitement”.160

ICCPR legally prohibits hate speech; “Any support of national, racial or

religious hatred that comprises encouragement to discrimination, hostility or violence shall be

forbidden by law”.161

All the important regional conventions and charter of human rights as (ACHR, ECHR

and ACHPR) also provide legislation against hate speech and racial crimes. Even in USA,

where the racial crimes on at high level have an excellent legislation on racial crime hat

speech and defamation issue. As we read in the ACHR162

, an International Human Rights

Instrument of USA;

“Every misinformation about war and any encouragement of national, racial,

or religious hatred that constitute stimulations to unlegislated aggression or to

any other similar illegal action against any person or group of persons on any

158

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx/Accessed:1/3/2015. 159

Emma, The European legal framework for Hate Speech, Blasphemy and Its Interaction with Freedom of

Expression, 26. 160

International Convention on the Elimination of all Forms of Racial Discriminations, Article no.4. 161

The Judicial Applications of Human Rights Law, ICCPR, Article no.20, 599. 162

ACHR: Stands for American Commission on Human Rights. It is an international instrument for human

rights and liberties, implemented and ratified by the United States of America on July 18, 1978.

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx/Accessed


grounds including those of race, color, religion, language, or national

derivation shall be considered as crimes punishable by law”.163

The Article 10(2) of the ECHR restricts freedom of expression to protect public and national

interest including hate speech and racial discrimination. According to European Union

Convention of Human Rights observation;

“The exercise of these fundamental freedoms (Freedom of expression, opinion

and the Press), may be subject to such formalities, conditions, restrictions or

penalties as are prescribed by law and are necessary in a democratic society, in

the interests of national security, territorial integrity or public safety, for the

prevention of disorder or crime”.164

Under national and international laws in different countries of Europe, the hate speech, racial

discrimination, anti-Semitism and xenophobia legislation is strictly implemented. Even in

some Western countries the denial of holocaust is also considered a racial discrimination. So

you do not even talk, express publish anything about authenticity of the Holocaust165

. The

court of Vienna sent a British historian to jail for three years in 2006 due to his denial of the

holocaust. According to BBC News; “David Irving has been found guilty in court of Vienna

denying the Holocaust in front of European Jewry and punished to three years in prison”.166

This clear double standard in implementation of laws shows Western discrimination to the

Islam and Muslim community. As well as, this is an example; we can see many cases in

contemporary West.

People are not free to say everything, even in Europe in the name of freedom of

expression except against Islam and Muslims. Here the question arises where the values of

freedom of expression in Europe are? Because when they say or publish something against

Islam and Prophet of Islam and the Muslims community feel hurt then they say it is our

principle of freedom of expression. Actually, in legal frame work the issue is not so but

treated in different way. According to innovative judgment of European Court of Human

Rights that freedom of speech can be restricted against human dignity;

“Patience and honour for the equal decorum of all humanity comprises the

basics of a democratic, pluralistic society. That being so, as a matter of

principle it may be measured necessary in certain democratic societies to

163

Rohana Smith, Text Book on International Human Rights (Oxford: Oxford University Press, 2012), ACHR,

Article no.13 (5), 306. 164

European Commission of Human Rights, Article no.10 (2), 11. 165

Holocaust: According to Jews claim and documentation, millions of Jews were persecuted and killed with

poisonous Gas chambers by Hitler and his forces of Nazi Germany during the World War II. Some reputed

scholars and researchers considered it myth of the modern Israelite politics. 166

http://news.bbc.co.uk/2006/02/4733820.stm 2/hi/europe/Accessed;3/3/2015.

http://news.bbc.co.uk/2006/02/4733820.stm%202/hi/europe/Accessed


permit or even stop all forms of expression which extend, incite, promote or

justify hate based on prejudice”. 167

Some controversial decisions were also taken by the European Courts of Human

Rights. It was clearly observed in the controversial decision against the book; “The Founding

Myths of Modern Israeli Politics”168

.The said book was banned on the grounds that it spread

racial discrimination against Jews. So the freedom of expression was limited and restricted in

the favor of Jews in the modern Europe while the hateful cartoons of the Prophet Muhammad

were considered legal on the grounds of free speech. This is a clear discrimination and (ملسو هيلع هللا ىلص)

double standard of the West in enmity of Islam. The difference is clear because in this book

Jews were convicted but in cartoons the Muslims were affected. Therefore, on the grounds of

above decision, we can say that the international and regional laws and conventions are failed

to protect all communities, especially the Muslim community.

Here we should also try to understand the double standards of Western laws and its

implementation about local and Muslim perspectives. According to a joint work of Esposito

and Dalia; “The political aware Muslims (even the mainstream) do believe that the West uses

double standard in its promotion of democracy and human rights and fear Western

intervention, and domination”.169

For example, in the contemporary West, the loud music is

prohibited legally because it disturbs the privacy of other people. Penalty will be enforced to

the violators. According to the Daily Telegraph newspaper;

“The Musicians who run their devices after 10 pm on a weeknight may face

an on the mark penalty of up to 200 Dollars according to the law. The

legislation will also compose it tough against the drivers who use openly loud

buffers on their hooted-up cars”.170

According to newspaper reports, the majority of the people appreciate it for protecting the

personal rights and privacy. In UK, in the contemporary Britain, there are many laws about

noise and pollution protection. According to a booklet from UK government, the Noise Act

of 1996 and the Environmental Protection Act of 1990, the local council‟s (Metropolitans)

has authority to grasp instruments causing noise. They have authority to capture noisemaking

instruments and enforce net fines to those accountable”.171

In the current legislation by

167

Michel Herz (ed.), The Content and Context of Hate Speech (ECHR Judgment on Erbakan v Turkey Case)

(UK: Cambridge University Press, 2012), 475. 168

The Founding Myths of Modern Israeli Politics: This book is written by a French scholar, Roger Garaudy.

He exposed some myths of Israelite politics in the modern era which contradict the humanity. 169

Johan L Esposito and Dalia Moghed, “Who Will Speak for Islam”, World Policy Journal 25:3(2008):47-57;

http://wpj.sagepub.com/content/25/3/47.extract. 170

www.dailytelegraph.com.au/news/nsw/loud-music-banned-after-10pm/Accessed: 14/1/2016. 171

Adrian Belcham, Manuel of Environmental Management (London: Rutledge, 2015), 111-113.

http://www.dailytelegraph.com.au/news/nsw/loud-music-banned-after-10pm/Accessed


European Union courts, this was circulated to all over Europe. Every country of Europe

which is part of European Union is bounded to follow it otherwise he cannot remain member

of the European Union.

Here we compare the mentality behind this legislation and appreciation from the

public they curtailed the right to freedom expression and opinion in the favor of public

interest, but when come to religious interest they leave the accused only with warning or

rather sometimes avoid it. Here Professor Khurshīd Aḥmad rightly observed;

“Contrary, the same Europe becomes noticeable to its civilizational and

cultural commitment but not so when it arrives to such disgraceful acts of

blasphemy are as being commended in its different parts beside the most

blessed and sacred personality of the Prophet Muhammad ملسو هيلع هللا ىلص ”.172

You can see the priorities of the West that they limit the right of free speech for the sake of

personal disturbance, but not implement such laws against blasphemy and hate speech in

religious matters especially against Islam and its sacred personalities and rituals.

It is also a dilemma that there is no common and united definition of hate speech in

the West as well as in America. A renowned Western Scholar Ann Webber affirms;

“Unfortunately, there is no commonly accepted meaning of the term „Hate Speech‟ found,

despite its numerous practices. However, most of the states have accepted legislation for the

prohibition of the words amounting to „Hate Speech‟; the definitions vary vaguely when

shaping what is being restricted”.173

Consequently, they take benefit from this confusion and

interpreted it according to their whims and wishes.

Here the researcher investigation does not agree to this theory that there is no proper

law in the European, American and international law, but there is a lack of will and

sometimes discrimination against Muslims and Islam as a competitive and rival thought and

civilization. There are many decisions of the European and the American courts about hate

speech and defamation, but these are not implemented regarding Islam. If the issue is related

to Islam and its sanctity of the Prophet of Islam ملسو هيلع هللا ىلص they treated as issues of freedom of

expression but if the issue is related to other specially the Jews, they declares it anti-Semitic

crimes. This matter shows an alarming situation for religious minorities especially for

Muslims community in multicultural and secular Europe. An important decision of the

Human Rights Court of Europe about Jews and Judaism in Faurissan V France case exposes

their bigotry towards Muslims and their favor towards Jews and Judaism;

172

Khurshīd Aḥmad, “Secular Democratic Rights and Blasphemous Caricatures”, Policy Perspectives

7:2(2010):20-53. 173

Ann Webber, Manual on Hate Speech (Strasburg: Council of Europe Publishing, 2009), 3.


“Since the statements made by the author were of a temperament as to

increase the anti-Semitic feelings, the limits served the value of the Jewish

population to live free from terror of an environment of anti-Semitism. The

committee therefore winds up that the limitation of the author‟s freedom of

speech was permitted under article 19 of the convention”.174

Another most significant decision of the European Court of Human Rights is also

admirable. The ECHR Court decided historically a case; “Free speech comprises one of the

vital basis of such a society. (Accordingly), it is valid not only for information or thoughts

that are positively received or observed as harmless or as subject of unconcern but also to

those that insult shock or upset the state or any part of the community”.175

These laws and

decisions can become valid foundations of constructive initiative to protect the honour of

religions and religious communities, such as Islam. But they do not consider Muslims as part

of the Western society.

It is observed that these laws are also implemented in case of Jews and Christians

only and not valid or implemented in case of Islam and Muslims. At that point, Dr. Shīrīn

Mazārī raised a valid question in this perspective;

“It brings up the issue as to why accessible laws, designed to protect the

freedoms and life styles are not applied for (for Islam and Muslims) after all

Austria firmly implemented its laws concerning the denial of the holocaust

and punished British writer David Irving by the count”.176

It means these international laws against hate speech and racial discrimination consist of

unfair. It is also clearly observed that the issue of hate speech against Muslims and Asians in

the West and the USA is not the issue of legislation but this is issue of mind set against Islam

and fear or unfair implementation of laws for every person and group. If we want global

peace and prosperity in pluralistic societies we will have to change this mind set and to

ensure fear implementation of laws.

2.2.4. National Interests (State Security): The Forth very important restriction and

limit on freedom of expression in Western perspective is due to national interests and state

security. National interests or state security is very important for every country. National

security is a wide term. Tuttle and Cohn‟s opine; “A protective condition which statesman

takes as measure either to try to attain or protect their polities from either external or internal

174

Laurenz Langer, Religious Offence and Human Rights (Cambridge University Press, 2014), 110. 175

Francisco F. Martin (ed.), International Human Rights and Humanitarian Law (New York: Rights

International Inc., 2006), 670. 176

Mazārī, “Multiculturalism and Islam in Europe”, 101.


threats”. 177

The majority of the Western countries have some restriction on freedom of

expression in the name of national interests and state security. Even international laws defend

it on valid legislative grounds. Article 19 of ICCPR tells;

“The application of the rights granted from article 19 in paragraph (b)

(Freedom of expression, opinion press and information) may be subject to

limit definite reasons, as recognized by the international law, including the

protection of national security”.178

The ECHR also protects national security in its freedoms and rights conventions and

commissions. As we read in article 10 (b) of the ECHR;

“The application of these freedoms (Freedom of speech and press), since it

carries with it obligations and responsibilities, may be subject to such

procedure, circumstances, limitations or sentences as are approved by law and

are essential in a democratic society, in the interests of national security,

territorial integrity or public safety, for the obstacle of disorder or crime”.179

The above mentioned two international human rights instruments give much

importance to national security that even they limit the freedom of expression for the sake of

national security and state interest. Therefore, all over the Western word including America

there are many laws which give priority to national security over fundamental freedoms and

human rights. Even a permanent convention named as Johannesburg Principles on National

Security is available on national security and freedom of expression. According to

Johannesburg Principles on national security and freedom of expression; “The restraint on

freedom of expression or information that a government requests to validate on grounds of

national security must have the authentic reason and comprehensible effect of protecting a

genuine national security interest”.180

During war and crisis environment state adopts some special laws and rules in every

country. These laws restrict even ban the freedom of expression during emergencies. Douglas

and Joseph in their research maintain;

“The USA Sedition Act of 1798 was the first key attempt from government to

limit free speech for national security reasons, but it would not be the last. The

claim that free expression should be sacrificed is usual during times of war

and crisis. Free speech was endangered during the Cold War, the Vietnam

177

Ira Tuttle and Andrew Cohn, National Security Affairs (New York: Seton Hall University Press, 1972), 13. 178

International Convention on Civil and Political Rights, Article No.19(C), 597. 179

European Commission of Human Rights, Article 10(B), 11. 180

Sandra Coliver (ed.), The Johannesburg Principles on National Security and Freedom of Expression

(Michigan: UDHR Article 19 Publishers, 1996), Principle no.1, 8.


War, and the most recent times in the aftermath of the World Trade Centre

attacks on September 11, 2001 in America”.181

The Johannesburg principles on national security and freedom of expression of United Nation

also allow to restraint the free speech during crisis times to ensure security. According to the

third principle the Johannesburg principles;

“In public crisis times and state of emergency which intimidates the life of the

country and the existence of which is officially and lawfully proclaimed in

accordance with both national and international law, the state may implement

restrictions on freedom of expression and information”.182

The prominent advocate of the freedom of expression Mr. Zachariah Chafee also

recommended some restrictions on freedom of expression in special circumstances. He said;

“It is becoming rising significant to decide exact limits of free speech, so that the speakers

and writers may know how much they appropriately say and write and government may be

sure how much they can legally and judiciously restrain”.183

This vital statement of a freedom

lawyer also suggests some limits and regulation to judge fair and hate (vaguer) speech.

Due to these principles and laws many Western countries, including the USA made

special legislation regarding its national security after 9/11. In this perspective, they made

immigration laws, strict and limited civil rights and freedoms. In this scenario the American

president permitted to make a special prison in Guantanamo Bay for the prisoners of war on

terror and no anybody has access to these prisoners. Even these prisoners have no rights and

access to appeal in any court of the modern world;

“The Constitution gives no power to the president to reject human rights in

wartime. We have long since made clear that a state of war is not a plain check

for the President when it comes to the civil rights of the Nation”.184

The Guantanamo Bay prison185

was the worst torture cell of the US army and it

remained working till 2013 and was closed on strong protest by the human rights

organization. Most of such European and American laws were enforced after 9/11 incident to

provide justification to ban and to limit the right to free speech. The New Book of knowledge

exposes it; “In times of war liberty of speech and Media has been limited in the interest of

181

Douglas Farleigh M and Joseph S Tuman, Freedom of Expression in Market Place of the Ideas (London:

SAGE Publications, 2010), 87. 182

Coliver, The Johannesburg Principles on National Security, Principle no.3, 9. 183

Chafee, Freedom of Speech in Wartime, 3 . 184

Constitutional Commentary ( Hāmidī v Rumsfeld Case , US Supreme Court Judgment) ( USA: University of

California Press,2003),20:409. 185

Guantanamo Bay Prison: It is a controversial prison, established by US government in 2002 under special

order of the president. Actually it was the worst torture cell by the US army for prisoners of war on terror. These

prisoners had no rights under Geneva Convention and even they are not trialed in any court.


national security”.186

The American Patriot Act of 2001 after the incident of 9/11 seizes and

bans some fundamental rights and liberties of the American society in the name of the war on

terrorism. According to the USA Patriot Act of 2001, Section 215; “(This Act gives) Access

to the Records and Other Items (internet, phone and verbal speech) under the Foreign

Intelligence Surveillance Act”.187

The advocates of civil freedom and human rights have been

showing their reservation on this act from various social, ethical and legal grounds since its

implementation. Therefore, Allen Robins commented;

“The promoters and advocates of civil liberty, privacy (and fundamental rights)

have criticized the American Patriot Act of 2001 for several reasons since it was

passed in the wake of the World Trade Center attacks on 9/11 in 2001”.188

Since then the American security agencies have been collecting record not only of the

American citizens but also of the world. The question is that where their fundamental rights

and civil liberties stand now? This exercise tells that the governments of the Western

countries may restrict freedom of expression and other fundamental rights and liberties under

the banner of national security. If they can do it on the name of state security, then why they

do not stop the hostile movement against Islam, which hurts the Muslims and causes law and

order situation. So for social peace and prosperity the government should limit the freedom of

expression without any ethnic, racial and religious discrimination.

2.2.5. Privacy and Freedom of Expression: Another important restriction on

freedom of expression is privacy and free speech. As we know privacy and freedom of

expression are the most vital human rights and guarantor of the human dignity and respect. In

general sense Privacy means one‟s private and personal right which must not be interrupted

by others in any case. The Oxford Dictionary defines privacy; “The state of being alone and

not watched and disturbed by other people or the state of being free from attention of the

public, freedom of speech and right to privacy”.189

Although no actual definition of privacy is

found, scholars have different views on privacy. However, we can define privacy as;

“Privacy means referring to some mixture of isolation and solitude, secrecy and discretion,

intimacy and domesticity”.190

According to international laws and human rights instruments

privacy is considered the most imperative right. As we read in article 12 of the Universal

Declaration of Human Rights; “No anybody shall be exercised to illogical intervention with

186

Shaprio, The New Book of Knowledge, 6:457. 187

https://www.gpo.gov/fdsys/pkg/BILLS.../pdf/BILLS-107hr3162enr.pdf/Accessed:15/1/2016. 188

Allen Rubel, “Privacy and the USA Patriot Act: Rights, the Value of Right and Autonomy”, Law and

Philosophy 26:2 (2007),119-159; http://www.jstor.org/stable/27652613. 189

Ellen, The Oxford English Dictionary, 1006. 190

Annabelle Lever, Privacy, Democracy and Freedom of Expression: The Social Dimension of Privacy

(Oxford: Oxford University Press, 2014), 4.

https://www.gpo.gov/fdsys/pkg/BILLS.../pdf/BILLS-107hr3162enr.pdf/Accessed


his privacy, family, home or correspondence, or to attacks his respect and repute. Every

person has the right to the safety of the law against such intervention or attacks”.191

Same as

this right is recognized in article 17 of the International Convention on Civil and Political

Rights, “Nobody shall be questioned to illogical or illegal interfering with his privacy, family,

home or correspondence or to unauthorized attacks on his respect and repute”.192

Protection of right to privacy is one of the most significant international human rights

instruments, which illustrate its legal importance and value in the global human society.

Consequently other regional and state laws also give it weight and value. There is a great deal

of legislation in the UN and the EU member‟s countries regarding right to privacy. But the

conflict between privacy and press is increasing in the modern world;

“Doubtlessly the right to privacy is the most cherished rights of all and

guaranteed by laws but more and more lately it is coming into conflict in the

courts with the press right to report freely”.193

The European Convention on Human Rights (ECHR) protects right to private and

personal life in article 8; “Everybody has the right to safeguard his honour, his personal and

family life, his home and his correspondence”.194

The United States of America constitution

has revolutionary significance on right to privacy. According to the Private Act of 1974;

“The USA private Act of 1974 makes sure the protection against attack of individual privacy

through the mistreatment of records by the Federal Security Agencies of America”.195

So, the

members States of the European Union and the United States of America give highly regard

to the right to privacy. But in spite of this regards and legislation, the right to privacy is very

much violated in all the Western countries including America after 9/11 incident with special

reference to the Muslim community under the banner of national security. According to the

EUMC196

Islam phobia research report after 9/11 in 2002;

“The acts of violence including verbal abuse, harassment and aggression were

much more widespread. Especially the Muslim women, the refuge seekers and

others, including those who seem like Muslims or Arabs were at times under

attack with hostility”.197

191

The Universal Declaration of Human Rights, Article no.12, 251. 192

International Convention on Civil and Political Rights, Article No.17, 595. 193

SK Sharma, Privacy Law: A Comparative Study (Delhi; Atlantic Publishers, 1994),6. 194

European Convention on Human Rights, Article no.8 (1), 10. 195

http://foia.state.gov/Learn/PrivacyAct.aspx/ Accessed:9/3/2015. 196

EUMC: It stands for European Union Monitoring Centre for Racism and Xenophobia and official organ of

ECHR on racism and xenophobia. The one year Report on Islmaophobia comprises the violence and aggression

against Muslim community in 15 countries of Europe after 9/11,2001 incident 197

Christian Allen, Summary Report on Islamophobia in the EU After 9/11(Vienna: EUMC,2002),7;

fra.europa.eu/sites/default/files/fra.../199-Synthesis-report_en.pdf/Accessed: 26/2/2015.

http://foia.state.gov/Learn/PrivacyAct.aspx/


Therefore, the media reports show that no Muslim family remains safe by the hands of

American and European security agencies. Here, again Dr. Shīrīn Mazārī says;

“Paradoxically in the most Western societies where women put on headscarf not only to go to

the church but often as merely part of dress, it now has come to characterize a refusal of

citizenship specially, if worn on a Muslim head”.198

After 9/11 from all over the West and

specially from America , due to this discrimination and bigotry, a number of Muslim families

were arrested and a number of them were deported to their home countries even the students

of higher education were not safe. Even now Muslims are compelled to hide their Muslim

identity.

2.2.6. The Contempt of Court and Free Speech: Contempt of court is another

significant legal restriction on freedom of expression. There are many meanings and concepts

regarding contempt of court. Different thoughts and legal discourses define it in different

ways. Some perceive that contempt of court means defying court decisions or gives opinion

or criticize on court decisions on invalid forums. Legally, contempt of court is defined as;

“Contempt of court is a conduct that contests or confronts the decision,

justice, and decorum of court. Contempt blames may be carried against parties

to proceedings, lawyers or officers or personnel, jurors, witnesses, or people

who include themselves in a case, such as protesters outside a courtroom”.199

Criticism against court decisions200

is measured as a crime in most of the Western countries

(and very interestingly it is not violation of the right of freedom of speech at all). No one

expresses their contradictory remarks after decision of a court in a case. Although press can

publish and discuss the judgments and decisions of courts but no one can express their views

during the proceedings of a case other than the court officials in publication or verbally. Even

protest against decision of court outside the courtroom is considered contempt of court.

All international and regional legal instruments and conventions give protection to the

Court and Judge under public order, and consider contempt of court as a serious charge.

According to article 19 of the International convention on Civil and Political Rights;

“The application of the rights granted by the article No. 19 in section (2) (such

as, Freedom of expression, opinion press and information) may subject to

198

Mazārī, “Multiculturalism and Islam in Europe”, 92. 199

http://legal-dictionary.thefreedictionary.com/Contempt+of+Court/Accessed:10/3/2015. 200

Criticism against court decisions: In present days In Islamic republic of Pakistan some cases are also

reported and punished the guilty persons in this regard from Supreme Court of Pakistan in2017-18.

http://legal-dictionary.thefreedictionary.com/Contempt+of+Court/Accessed


limits on definite reasons, as recognized in the international law, including the

protection of national security and public order”.201

Here, Article 10 of the European Convention on Human Rights states about the contempt of

court very frequently. They bound the most important liberties including freedom of

expression mad press with sate security.

“The application of these liberties, since it carries with it obligations and

responsibilities, may subject to such procedure, circumstances, limitations or

sentences as are approved by law and are essential in a democratic society, in the

interests of national security, territorial integrity or public safety, in face of the

obstacle of disorder or crime or the safety of the reputation or rights of others”.202

According to the legal experts and the Western jurists, the term public order and rights of

others in ICCPR and ECHR describe the contempt of court and some other official contempt

of authorities. According to an international seminar on contempt of court, “The Rights of

others, referred to in Article 19(3) (a) and Article 10(2) of ECHR undoubtedly include rights

linked to the administration of justice and maintain authority of the judiciary”.203

This

important principle of freedom of speech protects judiciary from arrogant speech. The

landmark judgment of the European Court of Human Rights also clearly defines the issue of

the contempt of court and freedom of expression, Press and speech, “Freedom of expression,

as protects in Article 10, is subject to a number of exceptions. These principles are of special

significance as far as the press is concerned”.204

According to the US and the UK

constitutions of the contempt of court is considered a criminal offence and exercised in

someone is arrested by the State police. The guardian reports; “The US Contempt of Court

Act of 1981puts a strict liability rule that comes into cause once proceedings start, frequently

when someone is officially arrested by the police”.205

Therefore, if we should want to manage our legal and judiciary system, it is necessary

to put some limits and sanctions on freedom of expression and press. Otherwise, it is very

difficult and in some situation impossible to precede court proceedings. This principle is

integral part of the SOP‟s of the courts that in all over the world online coverage is not

allowed during court session. Even some places cameras are not allowed. Thus, freedom of

expression is not valid in front of contempt of court or high officials even in the European

countries including the country of Charter of Freedom, the United States of America.

201

International Convention on Civil and Political Rights, Article No.19(3),P.597 202

European Convention on Human Rights, Article no.10 (2), 11. 203

https://www.article19.org/pdfs/.../foe-and-contempt-of-court.pdf/Accessed: 20/1/2016. 204

Poulton, Hugh, State before Freedom (London: Article19 Org, 1998) (Sunday Times v UK, 1991), 28. 205

http://www.theguardian.com/law/2011/jul/05/contempt-court-rules-trial-media/Accessed:10/3/2015.

https://www.article19.org/pdfs/.../foe-and-contempt-of-court.pdf/Accessed

http://www.theguardian.com/law/2011/jul/05/contempt-court-rules-trial-media/


This study finds that there are some most important principles, restrictions and limits

on freedom of expression in the Western world as well. These regulations manifest that right

to freedom of expression and press is not unlimited and freelance in the West even in the

most advanced countries of the West as America and England. Despite all the international

and regional human rights and legal instruments guarantee right to freedom of expression, but

this right is not unlimited and nor irresponsible. According to the Western laws and

legislation, the freedom of expression and press is not an absolute right. It must be protected

by due process as given in laws. A legal expert SK Sharma says; “The liberty of press and of

speech is within the liberty safeguarded by due process (Secondly), the liberty of press and of

speech is not an absolute right, and the state may punish on abuse”.206

The absolute freedom

of speech and press is not available anywhere and not affordable anywhere in the world. Thus

the New Book of Knowledge defines it likewise;

“The courts face great obscurities to set boundaries to these liberties (freedom

of speech). In an authoritarian society these liberties are strictly restricted. In a

democracy the liberty of religion, speech and press are not unlimited”.207

Every civilized and lawful country has some reasonable limits and boundaries on

freedom for check and balance. If we demand limitless freedom of expression it means we do

not want to say anything. According to a Western scholar comment; “If freedom (of

expression) means everything at all it means the exactly to inform people what they do not

would like to listen to”.208

As it is observed and heard daily in various cases of privacy,

contempt of court, libel, blasphemy and hate speech from all over the world. Therefore this is

an ultimate truth that freedom of expression cannot be left unlimited in any civilized country

of this world having different faiths and interests even in the modern Western countries

including the United States of America. No doubt freedom of speech is measured as precious

right in the civilized human societies throughout the centuries. Professor Shaker maintains;

“Freedom of expression is counted the most significance social and political

value in the West. Muslim has no objection to it but there should be reasonable

limits on this right. There is a universal principle that you can move your stick

until it does touch to another nose, but there is a dilemma that the West is injuring

our heart from this stick”.209

206

Sharma, Privacy Law: A Comparative Study, 154. 207

Shaprio ,The New Book of Knowledge, 6:457. 208

Bindrup Lars, “Global Freedom of Speech”, TRAMES 11:4(2007), 403-418;

www.kirj.ee/public/trames/trames-2007-4-5.pd/ 209

Shākir,“Tohīn-e-Risālat aur Maghrib”,6.


Freedom is not a property of the West as they consider it but Islam has bright history of

these liberties. One clear difference between Islamic and Western freedom is that Islam limits

it with some duties and responsibilities and sometimes restrict it partially but in the West

practically freedom of speech is not bound and everyone has right to say what he wants and

wishes to. Here, Professor Khurshīd Aḥmad rightly suggests, “The sole claim of capturing the

freedom is a humiliation of history. Freedom does not mean unlimited and uncounted

freedom. The actual and positive freedom is possible when it has some reasonable conditions

and boundaries”.210

Blasphemous speeches cannot be controlled if the same situation prevails

in the Western countries. According to a Christian scholar Dr. Charles valuable comments;

“I hold the freedom of speech as blessed right, to be cosseted in all societies, that

I must denounce the publication of these and hurtful caricatures and ask the states

to treat this hate speech and racism as crimes that must be persecuted by law”.211

These are some most vital principles, limits and restrictions on freedom of expression

and speech in the Western perspective. These Western principles limit the freedom of

expression for some legal, personal, racial and security interests. Here, we repeat that these

laws are very difficult to prove that something is transgressed to freedom of expression.

Especially in religious perspective these laws have failed to protect religion and religious

personalities from defamation, vilification and blasphemy. There should be some reasonable

restrictions for maximum freedom of speech to protect personal and religious respect

Anyhow, due to some reasons the contemporary Western laws are unable to protect personal

dignity and religious feelings in a multicultural world. Thus, McCrudden articulates;

“Dignity has undoubtedly played a pivotal role in enabling different cultures to

live with each other with vastly different conceptions of the state, differing views

on the basis of human rights, and differing ethical and moral viewpoints. This is

possible by putting aside these deep ideological differences and by agreeing upon

similarities and focus to eradicate specific practices of human rights abuses”.212

As well as, absolute and boundless freedom of expression can create different

problems and issues for personal dignity security and state Law. Therefore, most of the

people know something about Law of Tort213

in West. The Law of Tort does not allow any

person to cross its limit in the name of Freedom of speech and expression. It is also noticed

the western legal documents includes defamation and libel in the Law of Tort. A legal report

210

Khurshīd,“Shayṭānī Cartoon”,13. 211

Charles Amjad „Alī, “Hate Speech is Hate Speech”, Quarterly Al-Mushīr 48:1 (2006), 23-38. 212

McCrudden J Christopher, “Human Dignity and Judicial Interpretation of Human Rights”, The European

Journal of International Law (2008),Vol.19,No.8,PP.655-725; www.oxfordjournals.org/page/6060/6/ 213

Law of Tort: The person who harms other people or his property will compensate him in the mean of fine.


stated; “Defamation consists of two torts libel and slander. Libel means any defamation that

can be seen most typically in writing. Slander is form of defamation that consists of making

false oral statements about the person which would damage the reputation”.214

So, it is

necessary to bind it with reasonable legislation. Here, it would be suitable to mention the

historical statement of the great Western philosopher Immanuel Kant. He rightly commented,

“I am free to move my hand, but the liberty of my hand trimmings where your nose starts”.215

This statement expresses the Islamic point of view that you are free until you do not disturb

others or do not violate others rights and liberties. The West should not overlook that there is

a slight difference between freedom and abuse when you provide absolute freedom without

any kind of limits and boundaries; it creates abuse, contradiction and chaos. Therefore, it

should be restricted duly for the sake of society, especially when you have to clear

contradictions with others. Sometimes it seems a political slogan by the Western politics or

government against the people of the third world countries. Sometimes it seems a strategy of

the West and America to counter Islam and Muslims especially in the Western world and

generally in all over the world. Their foreign and interior policies towards Muslim world

show their poisoning and cunning future aims.

214

https://is.muni.cz/do/1496/impact/archiv/ka2/en/55961486/56079180/06_Law_of_Torts/8/3/17/ 215

BBC, “The Law and Order”, 1120.


2.3. Comparison of Free Speech in Islamic and Western Perspectives:

When we try to compare Islamic and Western limits and principles of freedom of

expression, we know that both are different in this respect. During the study it is strong

perceived that in Islamic freedom of expression, we find various social, moral and legal

limits, but in the Western perspective, we find only legal restrictions because the Revealed

Ethics216

have not any concern to the contemporary Western thought and civilization. These

legal limits and principles protect freedom of expression and individual rights rather than

civil and religious defamation. Some international laws are the basic hurdle in this issue. For

example the article 19 of the ICCPR, UDHR and Article 10of the ECHR advocate unlimited

freedom of expression without any interference. The legal limits are not enough in this regard

because the freedom of expression is unlimited and legal restrictions are partial and it is not

easy to prove them on a regional and international forum. According to the ICCPR legal

restrictions;

“The exercise of the rights provided in (article 19/1-2), may therefore be

subject to certain restrictions, but these shall only be such as are provided by

law and are necessary :( a) for respect of the rights or reputations of others and

(b) for protection of national and public order”.217

Both in Islamic and Western perspectives, the freedom of expression is a most

sensitive issue. This issue has a lot of discussion and arguments from both sides. The Western

scholars do not want to quit their stance on unlimited freedom of expression. The Muslim

scholars want to restrict freedom of expression for the sake of religion and personal dignity.

The Muslim scholars do not want to eradicate or ban the right to free speech but they have

their point of view and demand with sufficient arguments that limited freedom of expression

is good for the sake of humanity. They openly say that religious and civil defamation cannot

be allowed in the name of freedom of expression. If limitless freedom of expression is

exercised then reciprocally others will do the same and this creates law and order situation in

societies as well conflict between the East (Muslim world) and the West (Europe and

America) . I think in contemporary socio-political scenario, it is not suitable for both

particularly and for whole human being in general.

216

Revealed Ethics: Revealed or religious ethics are not a concern of the contemporary Western thought

because they focus on humanistic or secular ethics, which is derived from Greek and Roman philosophy. These

ethics are entirely different from the revealed ethics, especially since the separation of religion from political

affairs the ethics is not a priority of the West. If somebody has doubt please check the current situation of the

west. For example according to Will Durant modesty (Hayā‟) is a vital feature of a civilization but today the

west lacks of modesty and Hayā. 217

International Convention on Civil and Political Rights, Article no.19 (3),597.


As we have observed in the Danish controversial Movie and Charlie Hebdo‟s cartoon

issues of the Prophetملسو هيلع هللا ىلص of Islam. According to Muhammad Junaid, an Australian Islamic

scholar, “If you want to enjoy freedom of speech with no limits, expect others the exercise

freedom of action”.218

He tweets on social media after attack on Charlie Hebdo219

newspaper

cartoons issue of the Prophet Muhammadملسو هيلع هللا ىلص. I think about the opinion that it is the tweet

of the year. At least one dozen people were killed, including the editor and the four other

cartoonists of this magazine after these cartoons were published. In fact, the fresh publication

of cartoons of the Prophet of Islam is a planned continuous effort to trial the Islamic beliefs.

The Western scholars are openly preaching the so called theory of the clash of civilization

from the perspective of Islamic thought and civilization. One of the significant BBC research

report, regarding this issue tells;

“The Clash of Civilization, the same debate starts as it was after the

9/11.There is a continuing emphasis on the discussion on Islamic extremism as

dangerous to the Western democracy. A special atmosphere is created through

using the same arguments in which a common Muslim considers it a serious

threat to himself, on his religion Islam from the West”.220

Perhaps this nonsensical effort against Islam and Muslims exposes the West openly.

The Western scholar say it freedom of expression and Muslim say it Islamophobia and

blasphemy of the Prophet of Islam. Therefore a reasonable majority of Muslims scholars and

public feel that it is not freedom of expression but it is craziness and narrow-mildness. If the

West does not stop it the anarchism will spread worldwide. It is also observed from Muslim

scholars the Islamophobia and blasphemy against Prophet of Islam has historical roots. As

Uthmān Damūhī writes in a research article, “The history of hostile movement against Islam

and Prophet of Islam is very ancient. The West started this aggressive campaign against Islam

after the defeat in Crusade by the hands of Islamic legend king, Sultan Selah-ud-Din up till

now the European writers have written thousands of books on this hurting exercise against

Islam and the Holy Prophet ملسو هيلع هللا ىلص. The difference is that in the past they wrote books and now

they publish the hateful caricatures of the Prophet of Islam”.221

With the passage of time, the Muslim religious, social, political and economic status

is under threat and danger. The clash is exceeding from cartoon to mental and physical

218

http://www.dailymail.co.uk/news/article-2901415-freedom of speech/ Accessed:13/1/2015. 219

Charlie Hebdo: It is a French weekly magazine. The Magazine published the controversial cartoons of the

prophet Muhammad ملسو هيلع هللا ىلص in January 2015. Muslim reacted severely against it across the world. 220

http://www.bbc.co.uk/urdu/world/2015/02/150202_france_clash_of_civalisations/ Accessed: 3/2/2015. 221

http://www.express.pk/story/333583/Accessed:5/3/2015.

http://www.dailymail.co.uk/news/article-2901415-freedom%20of%20speech/

http://www.bbc.co.uk/urdu/world/2015/02/150202_france_clash_of_civalisations/

http://www.express.pk/story/333583/Accessed


punishment. Here, we cannot ignore the valuable views of a Pakistani parliamentarian and

modern social activist Dr. Sherīn Mazārī , “It would not be incorrect to say that post 9/11

expansion across the world and the so called war on terror has additionally increased the

troubles face by the Muslims living in as well as travelling to the West”.222

According to this

magazine, the Danish newspaper is preparing to publish these controversial cartoons in

millions all over the world. It is not Muslim observation but also depicts and articulates from

any nation and international media houses also have exposed it. According to the BBC Urdu

News, the legal adviser of Charlie Hebdo Richard Malacca said in an interview, “We shall

not accept defeat because the meaning of I am Charlie means the right to insult”.223

What

should be the limits of freedom of expression? Where are the so-called global principles of

freedom of expression? Different Global newspapers and magazines condemn and criticize

Charlie Hebdo‟s cartoon publication of the Prophet of Islam. According to the Saudi

newspaper Al-Waṭan, “Free speech should be stopped on the point where the insult of any

religion, race and color starts. The blasphemy of religion is also considered the Racism”.224

But in Europe in those days, the scenario is totally different. In fondness and resemblance of

liberties, they forget that Europe is legally and socially secular and a number of religious

minorities especially a good number of Muslims are also part of the modern West.

The situation is so intense that If Charlie Hebdo decided to publish 6 million extra

copies of the Magazine containing controversial cartoons where the British and Israel

distributes it freely in their countries. According to many national and international

Newspaper reports225

, after Charlie Hebdo attack, the first issue of magazine published and 3

million copies of it spread freely in British and Israel. On the other hand, thousands of British

Muslims protested against Charlie Hebdo‟s cartoons and the British government policy on the

cartoons of the Prophet ملسو هيلع هللا ىلص. They demanded to limit the freedom of expression against the

sacred personalities and the religious symbols. According to Daily Mail newspaper;

“Swarming around Hero Monty, the hardliner Muslims are protesting against

freedom of speech: Thousands gather outside Downing Street over 'uncivilized'

Charlie Hebdo‟s controversial cartoonists ( of Prophet Muhammadملسو هيلع هللا ىلص)”. 226

The demand against blasphemous activities and hate speech is very old. Although

blasphemy laws in favor of Christianity are available in Britain to protect Christianity but the

222


http://www.bbc.co.uk/urdu/world/2015/01/150113_chalie_hebdo_new_issue_mb/Accessed: 13/3/2015. 224

http://www.alwatan.com.sa/Politics/News_Detail.aspx?ArticleID=212041/Accessed:16/12/2015. 225

Newspaper Reports: Due to its importance and sensitivity this incident was covered and broad casted by

national and international print and electronic media houses with long range. 226

http://www.dailymail.co.uk/news/article-2944946/html#ixzz3RDZ6zbeM/Accessed:9/2/2015.

http://www.bbc.co.uk/urdu/world/2015/01/150113_chalie_hebdo_new_issue_mb/Accessed

http://www.alwatan.com.sa/Politics/News_Detail.aspx?ArticleID=212041/Accessed

http://www.dailymail.co.uk/news/article-2944946/html#ixzz3RDZ6zbeM/Accessed


British government is not ready to consider it as blasphemy against Islam and his Prophet

Some years before after 1980 during the protest against notorious and controversial .(ملسو هيلع هللا ىلص)

book of Selman Rushdeī against the Prophet Muhammadملسو هيلع هللا ىلصwhen representatives of

Muslim British community submit an application to include Islam in this law of blasphemy,

which is specific to the Christianity. Here, a renowned Lawyer and expert of Blasphemy

laws Ismael Qureshī stated about this controversy;

“The British Muslim nationals moved Chief Magistrate to get notice of

Selman Rushdie‟s profane book which had irritated Britain‟s Muslims

community, but the compliant was rejected on the basis that the UK

Blasphemy Law is only concerned with Christianity, it does not extend to

attack on other religion such as Islam”.227

After it this judgment was approved in shape of decision by England divisional court.

According to the High court decision, “We have no doubt the blasphemy Law of Britain as

now stands; it does not extend to other religions”.228

So, now we can think and is practically

observed from Muslim leaders and scholars that it is a wide range and open discrimination in

a most civilized country like Great Britain. As well as , in his famous decision by the USA

Supreme Court on the issues of freedom of expression and blasphemy of religion, Justice

Clark comments are very bold and clear about religion ;

“From the stance of free speech and the press, it is sufficient to identify that

the State has no legal concern defending any or all faiths from views offensive

to them which is enough to validate prier limits upon the expression of those

opinions. It is not the task of government in our nation to restrain valid or

factual attacks upon a particular religious dogma”.229

It means the government is free to defend the religious attacks of any kind. In other

words it can be said rightly, now you are free to abuse religion without any legal fear and

threat. It is also noted that the free speech with any legal, ethical or social limits causes harm

and abuse to the religious rights and rituals. Therefore, „Abdul Mājīd al-„Omrī rightly says

about limits of freedom of speech and respect of religion, “We have made it clear that liberty

of speech without restrictions or boundaries would guide to abuse and violence to spiritual

and ideological rights. This wants everybody to increase attempts to criminalize offending

divine religions, the Messengers, the sacred Books, religious signs and places of worships

227

Qurayshī, Muhammad the Messenger of God and the Law of Blasphemy in Islam and West, 90. 228

Robert Martin, The Source Book of Canadian Media Law (Carleton: University Press Inc., 1994), 444. 229

Terry Eastland (ed.), Freedom of Expression in the Supreme Court (US) (New York: Row Man and Littlefield

Publishers Inc., 1992), 135-136.


(for all communities and faiths including Muslims )”.230

If one‟s try to understand it, it is

very simple to understand that every person has the right to free speech and expression within

limits and boundaries, rather than a right to abuse and hate.

Keeping in view, on any level Muslims do not insist on special rights and laws to

Islam and the Prophet Muhammadملسو هيلع هللا ىلص but they demands blasphemy laws for all religions

and especially for all the Prophets (p.b.u.h). As Professor Khurshīd Aḥmad rightly suggests

at that issue, “We do not want special rights to Islam from the West but we only request to

present us as we are, do not portray us as evil”.231

Some Western scholars think that we

cannot give special weightage and priority to Islam under the blasphemy law. They openly

say the blasphemy laws are creating religious discrimination. A freedom house report‟s

author Jo Ann writes, “The selective implementation of the blasphemy laws grants increase to

prejudice supported on faith and belief, as religious minorities and heretical cults are

frequently marked excessively”.232

I think it is not sufficient justification to abolish the

blasphemy laws because Muslims have been demanding blasphemy laws in the West which

they demand as a minority not as a majority. The blasphemy laws make sure the protection

of Islamic faith and other minorities‟ rights, live and beliefs. Mr. M I Qureshī correctly

commented, “In fact the blasphemy law makes sure the life and safety of all those citizens

against whom the blame of offence is not confirmed”.233

This statement also tells us the

minorities need not to be afraid because the blasphemy law protects them from harm and

false accusation. Muslims countries are criticized for violation against minorities, but here the

Muslims in West are minorities and demand law of blasphemy to ensure religious rights,

rituals and symbols to be protected. This credit goes to Islam that Muslims respect and

believes in all the Prophets, the Revealed Books, the Divine Rituals and sacred Personalities.

Especially in case of prophets Muslims do not differentiate between them and believe and

respects all of them. In this regard the Islamic creed about all the Prophets and the divine

books is very clear. Thus, the Book of Allah pronounces;

“The Messenger believeth in what hath been revealed to him from his Lord,

as do the men of faith. Each one believeth in Allah, His angels, His books, and

His messengers. We make no distinction between one and another”.234

230

https://www.reddit.com/r/mediaquotes/comments/3fpx1x/_freedom_of_expression/ Accessed: 12/1/2016. 231

Khurshīd Aḥmad , Islam and the West (Lahore: Islamic Publications Buru,1963),60. 232

Prud‟homme, Policing Belief; Impacts of Blasphemy Laws,2. 233

Qurayshī, Muhammad: The Messenger of God and Laws of Blasphemy in Islam and the West, 68. 234

Sūrah al-Baqarah 2:285.

https://www.reddit.com/r/mediaquotes/comments/3fpx1x/_freedom_of_expression/


A renowned Islamic scholar Sheikh Ṣāliḥ al-Fowzān interprets this verse of the

Quran, “It is recommended for a Muslim to believe in all the Prophets (PBUH) from the first

to the last and as well as give them regard, respect and love because they are all the great

personalities and sent from Almighty Allah”.235

Islamic creed gives high importance and

value to the faith in Prophet-hood. Therefore, faith in Prophets is one of the pillars of Islam.

The Prophet Muhammadملسو هيلع هللا ىلص said, “You confirm your belief in Allah, in His angels, in His

Books, in His Prophets, in the Day of Resurrection, and you confirm your belief in good and

bad Taqdīr from Allah”.236

Muslims believe in all Prophets of God and do not differentiate

one from the other such as Hindus, Jews and Christians do it. I think it is a historical fact

and even do not reject it the opponents of Muslims on any level because the Book of Allah ,

the Sayings of the Prophet of Islam ملسو هيلع هللا ىلص, Islamic Jurisprudence and Islamic history and

Muslim conduct are eye witness of this fact. Allah describes this historical fact too;

“Is it that whenever there comes to you a messenger with what ye yourselves desire

not, ye are puffed up with pride?-Some ye called impostors, and others ye slay!”237

The Prophet ملسو هيلع هللا ىلص prohibits differing or giving priority to one another from the

Prophets of Allah. The Prophet of Islam ملسو هيلع هللا ىلص said; “Do not differentiate the Prophets ملسو هيلع هللا ىلص)

in reverence and respect”.238

This judgment has excellent impacts on the Muslim creed

towards the Prophets of Allah. It is the dignity of the Messengers of Allah ملسو هيلع هللا ىلص that He

commands the believers not to differentiate between them in level of respect regard and faith.

Although, Allah Himself sates their difference of position in the Quran;

“Those messengers We endowed with gifts, some above others: To one of

them Allah spoke, others He raised to degrees (of honor)”.239

Here a group of Muslim scholars raised an important point about Prophet-hood. It is said that

it is the characteristics of the Muslims that they do not make distinction between Prophets

According to Allah‟s command, (“We make no distinction between one and another

prophets”) (al-Baqrah 2:285). This means they do not differentiate in keeping faith in all the

Prophets of God. Therefore we say, we believe in all Prophets and bear witness of their

Prophet-hood that they are sent from Allah. As well as, we do not say as said by the Jews,

235

Fowzān, Ṣāliḥ bin „Abdullah, al-Manṭaqā Ṣāliḥ al-Fowzān ( KSA: al-Majlis al-„Ilmī, n. d.),1:34. 236


Sūrah al-Baqrah 2:87. 238

Ṣaḥīḥ Muslim ,Ḥadīth no.1844. 239

Sūrah al-Baqrah 2:253.


“We believe in some but reject others”. (Surah al-Nisā 4:150) Accordingly Muslims‟ attitude

and faith towards the Prophets and the Messengers of God have been very careful throughout

the history. Muslims give respect from the depth of their hearts and souls to all the Prophets.

Therefore, due to these excellent teachings of Islam, Muslims have been giving respect and

regard to the Prophets and founders of different religions from a long tenure of fourteen

centuries. Muslims ruled over great territories of the world, they excellently treated other

religions, the history of the Muslim rule is an eye witness to this fact and the books are full of

these descriptions.

Muslim history bear witness to it, that they not only regard the Prophets but they also

regard and respect the religious feelings and rights of other communities which were part of

the Muslim Rule (the righteous caliphate). The non-Muslim writers also appreciate this key

feature of the Muslim state and society. It is also a fact that some people of Christian and

Jews minorities at times blasphemed the Prophet ملسو هيلع هللا ىلص in terms of political and religious tool.

Therefore the blasphemy movement has a long history and Muslims have been facing it even

during their rule. A Western historian, Lane pole‟s views;

“Christians had complete religious freedom in Muslims Spain but due to their

blindness they misuse it. Some fundamentalist priest misguided the Christian

youth. They suggested them to blaspheme the Prophet Muhammadملسو هيلع هللا ىلص and

due to this they will be crucified and meet Jesus Christ in Heaven”.240

In Christian history they have special regard and fame as Christian martyrs. Actually they

were not martyred but they were blasphemers of prophets and Christian crusaders made them

stand bot this shameful act in religious bigotry and revenge.

Contrary to this, to protect the Prophet‟s ملسو هيلع هللا ىلصsanctity and religious feelings is a

highly important value of Islamic civilization and Muslim has been regarding it throughout

the centuries. The dominant blasphemy law has been a special value in Muslim societies

throughout the history. The Muslim rulers always care this value and punished all

blasphemers of the Prophets. The big motive of this cause was a collective consciousness of

the Muslim society, which do not accept blasphemy in any case and the second reason was

the Islamic law. In the contemporary era Muslims also face the ever badly and worthless

behavior of the West towards the dignity and respect of the beloved Prophet

Muhammadملسو هيلع هللا ىلص. The Western scholars name it the freedom of speech and press but the

actual situation is very bizarre. The evidences and continuous publications of blaspheme

240

Stanley Lane-Poole, The Moors in Spain (London: T Fisher Unwin Publishers, 1888), 78-95.


cartoons, films, books and news articles give clue to hate speech, vilification and

Islamophobia against Muslim.

The case of Charlie Hebdo is a test case for the West against Islamophobia. The clear

evidences show that this was not freedom of expression issue but actually it was the

preplanned conspiracy and the case of Islamophobia and hate speech against Islam and

Muslims. There was a time when Europe was considered a safe place for all religious, social

and cultural communities on the globe but now it is a completely different Europe. The West

is facing moral crises. In this sense we should give value and preference to local Muslims

scholarly suggestions and views. Many Muslims have given their scholarly output. Here,

Shākir‟s observation on Islamophobia has more weightage to highlight this burning issue;

“It is no amplification to guess that in Europe (all the Wes including America)

there continue the danger of descending into profound ethical crisis (In the shape

of Islāmophobia, racism and hate speech), if it submits itself to these fears”.241

Moreover, it is observed that the serious moral crises during the publication of

blasphemous caricatures of the Prophet of Islam ملسو هيلع هللا ىلص. The founder editor of Charlie Hebdo,

Henri Russell, makes it responsible to Stephan Charb (A partial Jews guy) for this heinous

action of an interview, “The slain editor dragged the team to their deaths by overdoing

provocative cartoons. What made him feel the need to drag the team into overdoing it?”242

On

the other hand the British parliamentarian Jorje Galway said whiles his address to a protest in

British was in the favor of Islam. He clearly denies the trial of Islam in any case, “We shall

not trial Islam in the name of freedom of expression. Further, he said, Europe hates Islam

under the banner of free speech”.243

Notable point is that it is not a statement from any

Muslim leader or organization but strong demonstrational views from the heart of the West.

These are the most important and powerful comments to defend Islam in such a violent and

heinous situation. It is a serious effort to heal Muslim injuries, especially in those days when

there is a hunt by the phobia of freedom. As a point of objection, many Westerns insist

unlimited freedom but the Freelance freedom of expression is not good even for speakers as

because when anything exceeds its limitations loses its charm and importance. The legal

experts also talk to limit it. A renowned Western scholar Cox Archibald writes, “Liberty of

expression benefits more than the speakers‟. The hearer and reader suffer a violation of their

241

Shākir Hassan, “Will Europe Surrender Selected Racism”, Arches Quarterly4:7 ( 2010),84-94;

www.thecordobafoundation.com/.../ARCHES_Vol%204_Edition%207. 242

http://www.telegraph.co.uk/news/worldnews/europe/france/11346641/Accessded:19/1/2015. 243

Abbās Aṭhar, (ed.), Daily Express News14:321(January 20, 2015), A.12.


spiritual liberty, if they are denied access to the ideas of others”.244

Therefore, to save the

humanity and society from this suffering and chaos it is very necessary to adopt those

principles and laws which do not stop freedom of expression but they restrain and limit the

free speech.

Another important aspect of the Western freedom of expression and speech is the

double standards and discriminative behavior to East with special reference to Islam and

religious offence. On the one hand, they publish the controversial and heinous cartoons of the

Prophet of Islam ملسو هيلع هللا ىلص and claim it the right of so-called freedom of expression, on the other

hand, if any person criticizes the Jews Holocaust, Israel‟s Creation, Jesus Christ personality,

American cruelty on Red- Indians, British Queen or Secular Constitution of Nationalist

States, they arrest it, persecute it and even send him to jail for a long time, till they apologies

or pay fine but if issue is related to Islam and Muslims they interprets it as right to freedom of

expression which is not a justified act . A famous Pakistani journalist Āmir Liāqat Hussein

analyzes this situation most likely;

“The freedom of expression is a sweet philosophy but its standard is different

in different places. Especially the behavior of the West about the Prophet

Muhammad ملسو هيلع هللا ىلص is completely nonsense in the subject of free speech”.245

The debate about holocaust is prohibited and is a police case in France. Many persons

have suffered from it. An important story is related to the History professor‟s denial of the

Holocaust. The fresh victims of it are American news Chanel anchor Jim Clancy and French

comedian Dieudone. They criticized Jews during Charlie Hebdo cartoon issue. Newspapers

tell us that a renowned American News Anchor Jim Clancy is terminated from his service

due to his comment on cartoon issue against Jews. A French author raised a question over the

arrest of French comedian Dieudonne, “Why does liberty of expression stop at Dieudonné?

Asked Nicolas Bourgoin, an author and blogger, following the news, adding the case showed

a double standard of free speech in France in its entire splendor”.246

Is this not a double

standard of the West regarding freedom of expression? Pakistani Foreign office condemned

these controversial and shameful cartoons and considered it as double standard of the West

about freedom of expression. Actually, Muslim Ummah is feeling pain and hatred on the

publication of controversial cartoons. If opinion against Holocaust is racial crimes then why

the Prophet‟s cartoons are not counted as a heinous crime.

244

Archibald Cox, Freedom of Expression (London: Harvard University Press, 1981), 1. 245

Āmir Liāqat Husain, Ᾱzādī-e-Izhār kay Nām per (Khalid Mateen) (Lahore: „Ilmo-Irfān Publisher, 2013), 425. 246

http://www.ft.com/cms/s/0/8329e256-9bed-11e4-a6b600144feabdc0 Daily Jang 79:15(January 16 ,2015),A6. 246

http://www.ft.com/cms/s/0/8329e256-9bed-11e4.html#ixzz3/Accessed:15/1/2015.


This is the hypocrisy of the Western freedom of speech. According to Muslim

scholars the continuous publication of controversial cartoons of the Prophet

Muhammadملسو هيلع هللا ىلصis not the freedom of expression but it is blatant terrorism and enmity against

the Prophet of Islam and Muslims. According to an Islamic scholar and senior journalist

Ouriyā Maqbūl Jān; “Here issue is not to protect the freedom of expression. If the freedom of

expression is so charming to the Europe, then anybody should be allowed writing or speaking

against Jews, Israel and Holocaust. Nobody is allowed to speak or write against these issues.

Even some of the people have been persecuted due to this freedom”.247

An Algerian scholar

and journalist Ḥabīb Rāshdīn maintains; “It is not so called freedom of expression but it is a

new crusade against Muslims. The French government assists Charlie Hebdo financially;

gives him facility to publish these controversial cartoons again. He suggests the Muslims

public to launch petitions of religious insult against French Ambassadors of the Muslim

countries”.248

Uthmān Damūhī observes it an open terrorism against Islam and Prophet ملسو هيلع هللا ىلص;

“Under the banner of freedom of speech, to insult the Prophet ملسو هيلع هللا ىلص is an open

terrorism from West. Unfortunately to stop the spread of speedy growing

Islam the anti-Islamic powers have done these unethical activities from the

centuries but in the contemporary ages, these activities are more on top”.249

The freedom of expression is not under threat or sanctions but an open insult to the

sacred personalities is no way to freedom. Even the Australian High commissioner for human

rights considers it illegal .There is no ban on freedom of expression but this cannot be

allowed to insult the Prophets and religious personalities in the cover of freedom of

expression. If you do not stop these controversial cartoons you should be ready to more

attacks as done on Charlie Hebdo. The French Prime Minster says it is the war against

terrorism not against Islam, but on the other hand, he does not say a single word in the

rejection of these heinous and controversial cartoons. The French Prime Minister Manuel

Vales says in his fresh address to the French assembly;

“His country is at war against terrorism, radicalism, and Jihadist struggle and

(we are) not against common Muslims and Islam. He further said; “Islam is

the second largest religion of France”.250

In this scenario Denmark ex-foreign minister‟s statements is very reasonable and

effectively try to cool down the situation. Aleman Jonson states, “I regret the fact that the

247

Jān, Ouryā Maqbūl, Ᾱzādī-e-Izhār kay Nām Per, 456. 248

http://www.bbc.co.uk/urdu/world/2015/01/150114_charlie_hebdo_reaction_zis/Accessed:16/1/2015. 249

http://www.express.pk/story/333583/Accessed: 5/3/2015. 250

http://www.businessinsider.com/afp-we-are-at-war-against-terrorism-not-islam/Accessed:14/1/2015.

http://www.bbc.co.uk/urdu/world/2015/01/150114_charlie_hebdo_reaction_zis/Accessed

http://www.express.pk/story/333583/Accessed


cartoon controversy began from my own country when a newspaper decided to print the

caricatures in an immature effort to express the freedom of speech. It occurred last autumn,

and at that moment I disagree openly against it, what I consider it as an insensible act because

it harms other people‟s religious thoughts”.251

On the other hand, the controversial magazine

again published the cartoons of the Prophet ملسو هيلع هللا ىلص on the front page of the magazine.

According to BBC Urdu News, “The Charlie Hebdo has published the controversial cartoons

of the Prophet of Islam on his front page in his January 14, 2015 publication a 30 million

copies”.252

The normal circulation of the Magazine is maximum of 60 thousand copies. It

means they publically want clash between Islam and the West because this controversy is

leading to an ultimately conflict between Muslims and the Western world. This notorious

effort provokes the extremist powers of the East and West to confront each other. Mr. Effie

rightly stated; “Now that the clash over the caricatures representing the Prophet of Islam

Muhammad (ملسو هيلع هللا ىلص) is failing down, or thus I expect it is apparent that the only winners are

the radicals in the Islamic World and (the West) Europe”.253

Consequently, after this incident

the debate starts about the limits of freedom of expression and religious criticism. One group

is demanding to ban the freedom of expression while other is blaming religion especially

Islam due to this extreme activity. But the question is that why do you provide opportunity

for that issue?

If we want global peace and interfaith harmony among faith and civilizations then we

need to limit the freedom of expression with some boundaries. Thus, there is the need of time

for international peace and harmony to establish an international blasphemy law by the UN,

in which insult of the sacred personalities and religion should be considered a punishable

crime. If we want to stop such incidents we need to rethink about the boundaries of the

freedom of expression. For universal peace and prosperity, there is need of a new

comprehensive social contract at international level to ban insulting religious personality and

places. Continuously, insulting the Prophets and religion by the Western media is not

freedom of expression. It is a hostile movement of the West against Islam under the cover of

freedom of expression. It is also observed that when freedom of expression crosses its limits

it becomes freedom to insult. This cannot be allowed in any case in any country, in any

situation. The scholars are demanding to ban it but their demand is given no weightage from

the western world including UN. According to the good deal of scholars, this issue can

become an igniting step to the clash of civilizations, rather than harmony and tolerance.

251

www.project-syndicate.org/commentary/coexistence-or-no-existence/Accessed: 20/2/2015. 252

http://www.bbc.co.uk/urdu/world/2015/01/150113_french_pm_war_zis/Accesssed:14/1/2015. 253

Khurshīd, “Secular Democratic Rights and Blasphemous Caricatures”, 9.

http://www.project-syndicate.org/commentary/coexistence-or-no-existence/

http://www.bbc.co.uk/urdu/world/2015/01/150113_french_pm_war_zis/Accesssed


Therefore, it is suggested from Muslim scholars that the West should rethink the limitations

of freedom of expression. Freedom of expression does not mean freedom to degrade and

insult. There is need to redefine free speech and its limits to save the world from clash of

civilization. According to some scholars, the violation of values should be declared as hatred

crime on the international level. It is also an important issue that if West is careful about his

values than Muslim also has some values. Here, a renowned Pakistani scholar Professor

Hamid Kamāl al-Dīn suggestion is like to share;

“We suggest the limit of freedom of expression up till where it may not cause any

hurt or violation to human values. Otherwise, this world cannot achieve peace

and peaceful coexistence with double standard of freedom of expression”.254

It is concluded that Islamic limits and restrictions are not new and not against freedom

of expression as well. Islam talks about those limits and restriction on freedom of expression

that is not against any religion or community but these are universal and globally

recommended in all prominent thoughts and laws. In the modern Muslim countries which are

affiliated with the UNO have also freedom of speech, thought and religions in their countries

but they limit it according to their circumstances. Accordingly, for this regard the Cairo

Declaration of Human Rights in Islam, 1990 (CDHRI), is an important document from the

OIC on the limits and boundaries of free speech. The CDHRI article No. 22 rightly suggests;

“Each person shall have the right to freedom of expression in such behavior as

would not be opposite to the doctrine of the Islamic Sharī‟ah. (b) Everybody shall

have right to promote what is proper, and spread what is good and advice against

what is incorrect and wicked according to the standards of Islamic Sharī‟ah”.255

Islamic missions and ambassadors raise voices against violent and hate speech

opposing the religion. Now many voices have been raised against hatred and blasphemous

speech from the international community as well. According to the Guardian Newspaper

report, “Two years before, the European Union (EU)256

, the Arab League (AL257

) and the

Organization of Islamic Cooperation (OIC) demand in a joint statement. While fully

recognized freedom of expression, we believe in the importance of respecting all the

254

Kamāl al-Dīn, Ḥāmid, Yeh Gard Nahīn Baithey Gī (Lahore: Maṭbū„āt-e-Īqāẓ, 2009), 49. 255

The Encyclopedia of Human Rights, CDHR, Article no.22, 177. 256

EU: It stands for European Union. It is the most powerful union of European countries for mutual

cooperation, development and protection of human rights and liberties. It's headquarter is situated in France

Strasburg. It has the most powerful currency of Euro which can be compared to international standard. 257

AL: It stands for Arab League. It is a big union of the Modern Arab Muslims countries on the ground of same

language and religion for mutual cooperation, development and solution of different regional issues. It‟s

headquarter is at Makah and foreign ministers run and contribute in it with a selected secretary general.


Prophets”.258

It can become a positive initiative for international blasphemy laws, if

International community is ready to stop this verbal terrorism activity. Otherwise the so-

called theory of the clash of civilization is going to be practiced.

The freedom of expression without any limits and principles creates harms and

conflict in the society. In other words freedom of speech without any reasonable restrictions

becomes freedom of abuse and violates the genuine rights of others. Muslim scholar‟s advice;

“Every civilized society differentiates the freedom of expression and

anarchism, because when this freedom accedes its limits it becomes cause of

chaos in the society and makes result as violations of others rights. Therefore,

this freedom can become fruitful for society when it gives the guarantee and

security of rights and interests of others”.259

It means if we want to save the future of freedom of expression and speech we need to

make laws against blasphemous speech, Islamophobia and religious defamation as well.

Here, Western scholar Agnes Callamard reservation cannot be ignored, “The events of the

last months (aftermath of Danish Cartoons issue), with special reference to the Danish

cartoons, have positioned freedom of expression and aggravated the feeling of the global

controversy and risk of aggression”.260

Islamic sources and divine laws provide the

competent solutions of these global problems. The CDHRI state;

“If Islamic wisdom is shared with faith, it will satisfy the hopes of the world

communities to lead all human being to save from conflict because of diverse

and contradictory ideas and thoughts of theirs and grant solutions for all

troubles of this world”.261

With the passage of time this conflict is creating the situation of clash between global

communities specially Islam and the West. The recent blasphemous incidents in the Western

countries in the name of freedom of expression and secular democracy are not reflected as

good thing for global human peace, prosperity and harmony. A most liberal Pakistani

parliamentarian Shīrīn Mazārī remarks on double standards of the Western freedom likewise;

“Different elements make a strange concept of “Islam Vs other world” in the

plural West and this issue is creating a problem in Muslim and non-Muslim

peaceful co-existence in the Western countries. Moreover, issue of the recent

258

http://www.theguardian.com/2015/feb/17/europe-blasphemy-middle-ages-/Accessed:24/2/2015. 259

Khurshīd, “Secular Democratic Rights and Blasphemous Caricatures”,20. 260

Agnes Callamard, Freedom of Speech and Offence: Equal Voices (Vienna: EUMC, 2006),Section no.18,1-7;

https://www.article19.org/pdfs/.../blasphemy-hate-speech-article./Accessed:25/2/2015. 261

Lawson, The Encyclopedia of Human Rights, CDHR, Preamble, 176.

https://www.article19.org/pdfs/.../blasphemy-hate-speech-article./


blasphemous cartoons of the Prophet (ملسو هيلع هللا ىلص) is a big example of the clash

between the freedom of speech and the right to peaceful existence”.262

It is also a considerable issue that the West claims the blasphemous speech as a right

to free speech but actually it is an attempt to hide behind the freedom of speech. Therefore, at

that point Charles Amjad Ali rightly commented, “The attempt to hide behind freedom of

speech, while generating xenophobia, racism and Islamophobia have been a rather cynical

camouflage used in the West”.263

In this scenario, when different faiths and communities are

living in this world, peaceful coexistence should be a necessary policy. According to a

Western politician‟s fair advice; “If you desire to live in the same room as other people, you

have to avoid confronting them through redundant irritation. The room we are discussing

about is no longer the local pool but the global village and obviously the peaceful co-

existence is the key to peaceful coexistence”.264

According to researcher humble opinion here

the West is not differentiating between freedom of speech and freedom of abuse intentionally

or unintentionally. In other words, the Western world is not feeling the sentiments of

Muslims in this issue.

“There is lot of difference between liberty and anarchism. If liberty means to be

free from all boundaries it becomes chaos. It violates the rights and liberties of

others. Freedom and responsibility are mutual relationship between each other.

Freedom cannot be permitted to insult others or violate others rights”.265

The West needs to play a responsible role to cool down this chaos. There would be true

efforts to tackle the fire between Islam and the West. The West should not forget this fact that

the dignity and sanctity of the Prophet ملسو هيلع هللا ىلصis the issue of life and death for every Muslims.

Accordingly, International legal forums, human rights commissions and authorities

should rethink about this fact that freedom to insult the religion is not freedom of expression

but it is freedom of abuse, which violates other‟s rights and creates law and order situation in

state and society. Additionally, this freedom of expression creates clash between human

rights, religious respect and reasonable free speech. This is also a valid question to the

civilized global community and the UN where the international laws of defamation, racism,

blasphemy, hate speech and insult to religion are. They are ineffective because it is matter of

Muslims, not about the Jews and Christians. It is simply discrimination and enmity with

Islam, Muslims and with the Prophet of Islam. While the International Declaration of Human

262


Charles, “Hate Speech is Hate speech”, 23. 264

Uffe, “Coexistence or No Existence”, 3. 265

Khurshīd, “Shaytānī Cartoon: Tehdhībī Crusades”, 24.


Rights the UDHR considers all human being equal in rights and liberties. According to article

no. 1 of the Declaration, “All human beings are born free and equal in rights and dignity and

should act towards one another with the spirit of brotherhood”.266

The Muslim community is

the second largest religious community of the world and in the West and America. Then why

their behavior with Muslims is so rude. If it is not so, then why the civilized global

community does not consider the insult to the Prophet of Islam a crime. With sorry to say, the

West condemns attack on Charlie Hebdo but does not condemn the attack on sanctity of the

beloved Prophet ملسو هيلع هللا ىلص Muhammad and hurting the Muslim feelings and religious sentiments

of the Muslims . According to a fresh Western study on blasphemy issue in this regard;

“The attack on the French satirical magazine Charlie Hebdo in January2015 was

an attack on freedom of the press and freedom of expression ……This embodies

an unfortunate message, and it is about time that society stood up for free speech

in a clear and unequivocal manner, also when it comes to religious issues”.267

As a point of objection, commonly, in the West it is considered illegal and unethical

to disturb other fellow or neighbors even with loud music but in the issues of Muslims they

do not bother it. Moreover, in the West, there are rights of animals but they are insensitive to

hate and insult inflicted upon the Muslims and their beloved Messenger ملسو هيلع هللا ىلص. It is supposed

that the West claims the rights and safety for cats and dogs but they insult the greatest

religious elders. This unethical and illegal behavior cannot be permitted from any ethical

system and law. It is very strange that the Western people misuse the free speech as abuse to

Islam in the presence of such special laws and restrictions on freedom of expression in

Western perspective except it is not but an open bigotry against Islam and Muslims. At that

point Mr. Khalid Mateen rightly stated about current western behavior about Islam;

“Now it‟s not a secret that the Western champion of rights, equality and freedom

has become the symbol of double standard of hypocrisy and discrimination. The

actual face of the Western advocates of liberalism and enlightened moderation

has exposed. The continuous hostile and blaspheme movement against Islam and

Muslims tell us that the freedom of expression in West is not more than a

religious blasphemy and defamation attempt against, Islam, Prophet of Islam

.”rituals and values of Islam and Muslims ,ملسو هيلع هللا ىلص268

At that point, the study tries to understand this reality that clash and conflict is not

suitable for Islam or the West. The West should understand the religious and ethical values

266

The Universal Declaration of Human Rights, Article no.1, 41. 267

Cliteur &Tom, The fall and rise of Blasphemy laws, 11. 268

Khalid, Mateen, Ᾱzādī-e-Izhār kay Nām Par , 17.


of Islam and Muslim community. Here, a well-known Pakistani Parliamentarian articulates,

“Islam is a religion of the large minority all over the West; it needs to be accepted as truth

that will not go missing. The danger of extremisms to be evaded and the disparaged Muslims

need to be carried into the mainstream, especially the youth”.269

Undoubtedly both the point

of views are diriment to each other but a constructive dialogue between Islam and West

especially on freedoms and rights may be conducted. Therefore, Fathī Uthmān suggests;

“Maintaining rights of expression in argument are essential for such a dialogue

which must be conducted on both the sides within methodological and ethical

guidelines in order to make it fruitful. Those who are born Muslims should not be

deprived of the right to a similar discussion of their faith within the same lines”.270

The conflict on freedom of speech is creating a harsh clash between Islam and the

West day by day because the sanctity of the Prophet Muhammad ملسو هيلع هللا ىلص is a Muslim core value

and the freedom of expression is a Western value. Therefore, we should be careful when the

issue is related to other values and their sensitivity. Hence, Mr. Uffe rightly recommended;

“We must avoid situation where dissimilar values confront each other in ways that cause

violence. We must try to build link between faiths, morals and norms”.271

Consequently, we

find, on one side, they consider the Prophet‟s ملسو هيلع هللا ىلص cartoons as freedom of expression but on

other side they do not allow even joke on Charlie Hebdo. If Charlie Hebdo hurts 1.5 billion

Muslims in all over the world by publishing these notorious cartoons of the Prophet of Islam

then it is freedom of speech and if Muslims in reaction burn the French flags it is ,ملسو هيلع هللا ىلص

violation of laws and to be apologized for. Such circumstances compel me to rethink about

Western world having hypocrisy, double standard and injustice against Islam, Prophet of

Islam and Muslims community. Moreover, if the West does not stop this then they will never

achieve peace and prosperity because if they want limitless freedom of expression then they

should be ready to face freedom of action. Therefore, it is concluded after this long

conversation that the Islamic freedom of speech and expression has some moral, legal and

social limits and boundaries but the Western freedom of expression has some nominal legal

limits which is not sufficient to eliminate hate speech, religious defamation and blasphemous

speech.

269

Mazārī, “Multiculturalism and Islam in Europe”,100. 270

Fathī, Freedom of Expression, 6. 271

Uffe, “Coexistence or No Existence”, 3.

Chapter no.3 Freedom of Expression

Contemporary Islamic and Western Approaches

158 Chapter no.3: Contemporary Islamic and Western Approaches in Freedom

Freedom of Expression

Contemporary Islamic and Western Approaches

The contemporary age is thought-out to be the most established era of the human intellectual

history. This is supposed to be the age of culmination of human thought, civilization and

philosophy. The ideas have reached on their highest elevation. The New ideas are created and

the old are discarded. The scholars of every religion and ideology are using modern and

postmodern techniques for their expressions. In this scenario the competition of thoughts and

civilization are going to be on highest level. The foundations and originality of thoughts have

been discussed. Due to this competitive environment the Islamic and Western thoughts have a

special role and status. Therefore, Islamic thought has revealed foundation and the Western

thought is a man-made thought but is counted as one of the oldest and the richest thought of

ideas. According to Prof. Dr. Anīs Aḥmad views on foundation of Islamic thought, “One of

the excellent tasks of the Quran is to set its followers free from physical boundaries and has

to provide humanity a new global foundation of thought, ethics, and civilization. The secular

scholars divide the human thought and civilization into areas, colors, races and languages, but

Islam provides them a revealed unanimous foundation”.1 Contrary to this, the Western

thought is manmade and many evidences are witness of it. According to Syed Abū al-Ḥassan

Nadavī opinion; “Every civilization has some special features and elements before criticism

necessary to know it. The Western civilization is a mixture of Greek and Roman civilizations.

The major sources of it are Secularism, Darwinism, Capitalism, Nationalism, Materialism

etc.”2 Now both thought are known as leading thoughts of the world. Keeping in view, one

of the most important reasons of the spread of the Western thought and civilization is

propaganda and weakness of Muslim response, otherwise, Islam has an absolute power to

respond and encounter any thought and civilization. According to a leading Western scholar

of the modern world John L Esposito impartial analyzes;

“The Prophet of Islam brought them a new synthesis of existing religious

thoughts and customs. He fashioned a new order and community, deeply

rooted in and joined by a religious vision, old notions and traditions

transformed into the light of Islamic sources as a new wisdom of identity,

commonality and authority. At the heart of the movement, were Islam‟s

special monotheistic vision and way of life”.3

1Anīs Aḥmad, Islam Fikr-o-Thaqāfat kī Qurānī Bunyādīn (Lahore: Manshūrāt, 2010), 10.

2Nadavī, Abū al-Ḥassan, „Alī, Islam and the World (London: Islamic Academy, 1995), 192-275.

3Esposito, The Islamic Threat Myth or Reality, 30.


This means Islam is revolutionary of the new ideas and thoughts. Obviously, these two major

thoughts (Islam and West) have influenced the humanity on the basis of their new approaches

and ideas, innovations and thoughts.

Freedom of the expression is one of the most important issues of the contemporary

socio-political scenario. Hence, the scholars of Islam and the West also revise their

approaches and trends in this regard. Accordingly, it is observed one thought is representative

of maximum and absolute trend of freedom while other is representative of limited approach

towards freedom. As a point of objection, apparently, this approach seems more attractive

and favorable but actually this is not good one from Islamic point of view because when you

will absolutely free the freedom of expression and speech, then it creates chaos and clash

between deferent rights and responsibilities. Moreover, it is difficult to control it because

human wishes and whims are unbeatable. When you will fulfill the one demand the other will

be putted to accomplish. This is also an important issue that this division also expresses the

division of both societies. A leading Islamic scholar Mawlānā Mawdūdī comments on it

frequently; “Islam and Western civilization are two boats that sail in the opposite direction.

Who sets to sail in one boat will inevitably have to give up the other. Any attempt to ride the

two will kill the person so involved”.4Therefore, one is called secular and free society and the

other is called Islamic and modest society. As the modern world has become a global village,

so it is not possible to maintain some boundaries and countries for thoughts and civilizations.

On the basis of these approaches and methodologies, there have become two core

trends of freedom of expression in the present socio-political context. One trend is the mouth

organ of freelance and unlimited freedom of expression and the other is the representative of

controlled freedom of expression with some social and moral values of the state and society.

These two trends and approaches express two schools of thoughts in the contemporary world.

The West is the representative of first one and Islam and some other thoughts are the

representatives of the second one. In other words, Islamic thought is different from that of the

West. Prof. Khurshīd Aḥmad comments;”

The criticism of Muslims scholars on Western civilization is not an exercise of

clash, but this war is on the surface of two thoughts. One consists of Islamic and

sacred values and other consists of liberal and secular values”.5

Here, I shall try to describe and analyze contemporary approaches and trends, in freedom of

expression in contemporary Islamic and Western perspectives.

4Mawdūdī, Syed, Abū al-A„lā, Islam and the Secular Mind, trans. Ṭāriq Jān (Karachi: Islamic Research

Academy, 2008),76. 5Khurshīd Ahmad, America Aur Muslim Dunyā kī Bay Iṭminānī (Islamabad: IPS, 2003), 60.


3.1. Contemporary Islamic Approaches towards Freedom of speech:

The 17th

century is considered in Europe as the age of Renaissance and knowledge. This is

called the golden age and earlier than it was called to be the dark ages. The 18th century is

taken as a period of transition of knowledge and wisdom from the East to the West. But

Muslims could not realize it. Prof. Dr. Jābir Tāhā„Ulwānī valuable comments, “In the 18th

century the doors and sources of Muslim thought and civilization were going to be fallen and

weakened against the Western thought. The Western thought, civilization and epistemology

and tradition captured the Muslims all over the world”.6In this century Europe tried to solve

its internal problems and succeeded to get uncountable development and advanced

technology. In these two centuries, he achieved great victories not only in technological field,

but also in the field of human knowledge and politics. Since the end of the 18th century, the

West has become more dominant in every field of the humanity. It is a half-truth and

controversial theory that the West conquered the world of Islam only through its powerful

thought and civilization. Therefore, Syed Mawdūdī points out;

“Regrettably, the century that faced this new (Western) civilization and

reached its meridian also witnessed the Muslim world, from Morocco to the

Middle East, falls before its strength. (During this war) Muslim community

received both the attack of the Western sword and the wound of its pen”.7

In fact, in the beginning of the 19th century there was the announcement of Islamic decline

and the supremacy of the West with the power and conspiracy both at a time. Since the day,

Muslims face different challenges from the Western thought and civilization on practical and

ideological dimensions. The powerful West wants to complete the failure of the Muslim. The

colonial era and the capitalist are the eye witnesses to it.

Here I feel there is a categorical need to compare the Islamic rule and its treatment

with Christian and Jews minorities. Esposito writes; “The most eminent model of inter-

religious tolerance is that of Islamic rule in Spain from 756 to1000 AD, often romanticized as

a period of interfaith tolerance”.8 Perhaps, the Islamic thought is considered as one of the

leading thought of the world and Western Thought is measured as the dominant civilization

of the contemporary socio-political scenario. We can say that the contemporary age is the age

of competition of the two immense thoughts (Islam and the West). One of the important

issues in the words of Prof. Dr. Muhammad Amīn is, “In the contemporary age one of the

6Ulwānī, Ṭāhā Jābir, Jadīd Fikrī Boḥrān: Nishāndahī aur Ḥall (Trans, Raḥmānī, „Abd al-Ḥāfiẓ) (Delhi: Qādhī

Publishers, 1994), 7. 7Mowdūdī, Sayed Abū al-A„lā, Tanqīhāt (Lahore: Islamic Publications, 1996),11.

8John L. Esposito, Islam and the West after September, 11: Dialogue or Civilizational Conflict? (Abu Dhabi:

Emirates Centre for Strategic Studies and Research, 2002), 3.


most significant challenges and issues for Muslims is how to respond to the Western

civilization and modern issues of the West”.9A prominent Muslim scholar Sheikh Yūsuf al-

Qardhāwī finds out the answer;

“There can be three possible responses to human needs and requirements; 1-

leave it free without any social, moral or legal restraints, 2- Ban it and do not

permit anything and 3- Allow it with some moral and legal conditions”.10

In case of freedom of expression and speech, I should adopt this third approach. Islam

prohibits only hate speech and defamation, because it is not freedom of expression, but it is

harmful for freedom of expression and simply can be resulted as abuse on its name. No

civilized society and state can permit this offensive style of expression. Even the West cannot

afford it, their scholars and legal experts are demanding legislation against such rude

expression. The Islamic approach regarding freedom of expression is very clear that one must

avail freedom of speech but with responsibility.

According to scholars there can be three possible responses to any social or human

need or issues. According to Bāsiṭ Bilāl Kūshal‟s valuable opinion about the Muslim

responses towards Modernity and the Modern West in an article; “He recognizes four types

of Muslim Responses to Modernity. 1- The Isolationist11

(Traditionalist) Approach, 2- The

Early Modernist approach, 3- The Revivalist approach, and 4- The Contemporary modernist

approach”.12

Here it will be the matter of interest that the Western scholars as well consider

the three approaches of Muslim responses to modernity. As renowned Western scholar John

L Esposito states; “The Muslim response to encounter the Western social, political, economic

and civilizational threat can be divided into three major categories; 1- Rejection and

Withdrawal, 2- Secularism, Westernization and 3- Islamic Modernism”.13

Therefore it can be

considered that these were the major Muslim responses to encounter the Western thought and

civilization in contemporary ages.

To respond the modern issues, Islamic scholars have different reactions and

approaches throughout the Islamic history. Specially, in the subcontinent of India when

modern Western thought and civilization was introduced for the first time in the colonial age,

the Muslims responded in three ways to overcome the issue of Western politics. Due to

activeness and diversity of Islamic thought the different scholars adopted different strategy to

handle the modern issues. According to Professor Khurshīd Aḥmad views;

9Muhammad Amīn, Islam aur Maghrib kī Kashmakash (Lahore: Idārah Maṭbū„āt Ṭalabā‟,2011),14.

10Qardhāwī, Muhammad Yūsuf, al-Ḥalālwa al-Ḥarām fi al-Islam, (Lahore: Maktabah Islāmīyyah , n. d),205.

11Isolationist: The traditionalist approach is also called isolated because they isolated from political affairs.

12Koshul, Bāsiṭ Bilāl, “The Verities of Muslim Responses-1”, Qurānic Horizon 4:2 (1999):63-75.

13Esposito, The Islamic Threat Myth or Reality, 5.


“During freedom movement we see different trends and approaches from Muslim

scholars for dialogue with the West. 1- Traditional Approach, which was adopted

by the Muslim „Ulamā‟ , 2- Modernist approach, this approach was adopted by

the liberal and secular Muslims who understood the Western civilization as the

most valuable and 3- Revivalist Approach; it was adopted by the Modern Muslim

scholars who wanted to compete the Western values in every sphere of life”.14

It is also important to know who adopted what approach to encounter the Western

thought and civilization. Esposito writes; “The traditional „Ulamā‟ of Islam adopted the first

response, the Muslim elite class adopted the second and the educated Muslim scholar

obviously went to the third one”.15

I think the third one is the most reasonable Islamic

approach about freedom, rights and modernity. One can say it‟s a value based freedom of

expression but it does not mean a totally banned freedom of speech or criticism. In other

words, Islamic thought is considered as representatives of the morally, socially and legally

controlled freedom of speech. Now with the passage of time and under the influence of

Western thought modernity, liberalism and some other reasons in the Muslim world there

have become three major trends, responses and approaches of freedom of speech. With

different names, one of them is traditionalist16

or Sufī approach and second is named as

revivalist 17

or right handed approach and other is called Modest18

or left handed approach. In

the next point I will try to describe these two major approaches and trends in the

contemporary Muslim world. For this purpose in this point I will try to focus on two

academic and prominent personalities of the Muslim world as model on this issue. I will also

mention some other academic references in this point.

14

Khurshīd Ahmad, “Islam aur Maghreb: Moujûdah Masāel aur Muslamnûn Ka Raddiamal”, Maghrib aur Islam

12:1 (2013) :15-56. 15

Esposito, The Islamic Threat Myth or Reality, 53-62. 16

Traditional Approach: Traditional means fundamental or Classical. It was the Muslim limited conduct and

approach towards others (Issues and communities). Their understanding based on the text of the Quran and

Ḥadīth of the prophet and as well traditional Fiqh interpretations. Commonly the „Ulamā‟ of Madāris Religious

Islamic Schools own this approach. They understand an issue in the light of the Quran and Ḥadīth with special

reference to interpretations of traditional Fiqhī school of thought. 17

Revivalist Approach: Revivalist means a tendency to revive a custom or practice on its original basis. In this

approach it is tried to recall the original teachings and practices. Usually revivalist approach represents the

moral norms and values of a specific religious society. Muslims are trying to revive Islam to compete the

contemporary challenges. It is close to the conservative approach but obviously opposite to the secular and

liberal. We think this is best response to compete modernity and other modern challenges. 18

Modernist Approach: In this approach religious and moral values have no weight in collective and political

affairs. Religion becomes personal issue. One is free to say or do what one wants and wishes without any

restraint or limit. It is opposite to the religion and spirituality. This approach rejects any social or moral limit in

thinking and speaking. Actually it is non-believers‟ approach and opposite of the morality but in spite of it some

modern Muslims advocate it.


3.1.1. The Traditional Islamic Approach: After Renaissance of knowledge in the

West the first approach and response, reacted by Muslims to the modern issues including

freedom and modernity for the Western civilization was traditional response. It was very

limited response which was adopted by Muslim scholars of the traditional („Ulamā‟) school

of thought. According to this approach we shall not involve in any outside activity and shall

have focus on safety and protection of Islamic teachings and values. According to Bāsiṭ Bilāl

Kushal views about traditional approach to modernity, “The (Traditional) Isolationist

Approach of traditional „Ulamā‟ was founded on the traditions of conservative Islamic

scholars, and was distinguished by a total refusal to interrelate with the contemporary

West”.19

While Professor Khurshīd Aḥmad argues;

“The first priority in traditional approach was to save and protect Islamic

traditions. In this way the traditional thought in Islam became very powerful

but this was not a longtime policy. Through this approach Islam had become a

limited religion and its universality had been limited”.20

Commonly this approach was adopted by „Ulāmā‟ of traditional Madāris (Traditional schools

of Islamic Education) especially Dār al-„Ulūm Deoband21

and some other Madāris of Islamic

education. Mufti Muhammad Zafīruddīn Miftāhī said about the establishment of Dār al-

„Ulūm Deoband (a traditional Islamic institute in India);

“When modern culture and civilization attacked the Islamic living style under cover

of the British rule in India, it was Dār al-„Ulūm Deoband and its immense leadership

that required to resist it with the absolute determination and fruitfully endeavored to

defend the faith of Muslims from destruction at the hands of the British (West)”.22

Although later on with the passage of time „Ulamā‟ updated themselves and got

modern knowledge and modern education. In spite of this, a leading Indian Muslim scholar of

the 20th

Century Mawlānā Manāẓir Aḥsan Gīlānī defends this cardinal approach which was

adopted by „Ulamā‟ of Deoband in the light of the well-known story of the Holy Quran

named as Aṣḥāb al-Kahf (The Seven sleepers of the Cave);

19

Koshul, “The Verities of Muslim Response-1”, 63. 20

Khurshīd, “Islam aur Maghrib”, 21. 21

Dār al-‘Ulūm Deoband: A leading traditional Islamic institution of India that was established in 1866 at

Deoband after the immediate collapse of freedom war of 1857 and practical fall of Mughal Empire in India by

the hands of British forces. His founder principal (Nāẓim) was Mawlānā Muhammad Qāsim Nānotavī. 22

Miftāhī, Zafīruddīn M., Dārul-„Ulūm Deoband (India: Gangohī Research Academy, 2012), 5.


“Or dost thou reflect that the Companions of the Cave and of the Inscription

were wonders among Our Sign? We relate to thee their story in truth: they

were youths who believed in their Lord, and We advanced them in guidance.

We relate to thee their story in truth: they were youths who believed in their

Lord, and We advanced them in guidance”.23

In addition, Mawlānā Gīlānī considered this age (age of the Western supremacy, modernity,

secularism and liberalism) as the age of Fitnah (sedition) and suggested isolation. He said;

“As the Aṣḥāb al-Kahf, when they did not have power to face the government pressure to

protect their faiths, they became separate from the society. This narrative of the Quran

indicates a principle of isolation from the society to save the faith, when it is not possible to

face the government stress”.24

His suggestion was valuable for a time gain in policy for

preparation but not sufficient on permanent basis. A Hadīth of the Prophet Muhammad

;goes to this issue, which is narrated by „Abdullah bin „Amr (RA)ملسو هيلع هللا ىلص

“O Messenger of Allah, what should I do at that time? He replied; “Stay in your

home, stop your conversation, and admit what you endorse, and discard what you

condemn, listen to your own dealings, and go away only the general issues”.25

According to my humble opinion, this principal is fruitful when Muslims are less in

number but in the subcontinent they were a huge in numbers. So this rule may not be

applicable in India. I think it was a timely policy and elders of Deoband also felt the fact that

isolation from the socio-political issues and mainstream matters of the nation is not fruitful

for Muslims of India and for Deoband. So with the passage of time their approaches changed

and the majority of „Ulamā‟ responded to the modern issues with reason and logic. As an

instantaneous response; „Allāmah Shiblī Nu„mānī who was the follower and graduate of

Deoband differed this isolation approach. He convinced the elders of Deoband to revise their

strategy towards new ideas of the West. So the Deoband policy related to Aligarh was revised

as hard towards soft. Therefore, a leading scholar and Principal of Dār al-„Ulūm Deobnad

India Sayed Muhammad Hussein Madnī said in the silver jubilee presidential Sermon of

Aligarh University in 1937; “Some people criticize my relationship with Aligarh but I would

like to clarify that if I learn something from Aligarh than Aligarh learn more from me”.26

Later on, we see a change in their classical approach. As a result of this relationship

Deoband‟s student went to Aligarh for learning English and Aligarh‟s student came to Dār al-

23

Sūrah al-Kahf 17:9, 13, 16. 24

Gīlānī, Manāẓir Aḥsan, “Mawlanā, Dajjālī Fitnah aur Sūrah al-Kahf”, al-Furqān 24:10 (1957):89-90. 25

Sunan Abū Dā‟ūd, Ḥadīth no.4343. 26

Madanī, Hussein Aḥmad, “Ta„līm wa Ṭerbīyyat”, Monthly al-Burhān, 8(August 2015):.6-8.


„Ulūm for leaning Arabic and Islamic education. Does this combination have a kind of

impact on Aligarh and Dār al-„Ulūm thought? It is a difficult question but it was a good

experience. According to representative scholar of Dār al-„Ulūm, Shawkat „Alī Qāsmī views;

“Islam due to its universal values and morals spread rapidly in Europe. Many of

Europeans people have accepted Islam happily because they have known that Islam

has complete solutions of their all grievances. Islam has answered all human issues

and problems and can also prove the savior of the Modern World”.27

From the above two quotations, it can be imagined the difference of opinion in traditional

approach since its beginning to the modern age.

3.1.2. The Modernist Islamic Approach: The second contemporary approach

towards modernity and freedom of expression in the Muslim world is Modernist, rationalist

or left handed approach. This approach has two historical phases in the Islamic history; one is

called early modernist approach and second is called the contemporary modernist approach.

Sir Syed Aḥmad Khan (1817-1898) was the first regular representative of the early modernist

approach. Basically, he was a rationalist, he tried to reconcile Islamic thought and values with

modern science and Western sociology but wherever the reconciliation was not possible he

molded Islamic norms with his personal interpretations to give other meanings to them and

sometimes rejected the conventional meanings. Sir Syed considered Science and Religion as

two sides of God‟s natural plan. Here, Dr. Bāsit Bilāl Koshul affirmed in an Article;

“According to Sir Syed Aḥmad Khan‟s perception, principally there is no

contradiction between Science and the Quran. Science is the „work of God‟

and the Qur‟an is the „word of God, any obvious clash between the two are

only on the surface, in reality there can be no clash between them”.28

For that purpose Sir Syed focused strictly on the development of a new „Ilmal-Kalām.

“There is an appalling requirement for a new „Ilm al-Kalām, in which either we prove that

the primary intents of the Modern Sciences are bogus or guess, or else I confirm that Islamic

thought is compatible with Modern Sciences”.29

So we can see this expression in his Tafsīr

al-Quran, he tries to positively prove that the Quran is compatible with modern sciences in

any case and wherever he saw conflict between them, he accepted science but modified or

reject the meaning of Qurānic text, especially in case of miracles and faith in unseen .An

important impact of this approach to Muslim society of the Indian subcontinent was that there

began a parallel debate that whether Islam was compatible with science and the West or not.

27

Qāsmī, Shawkat „Alī, Islāmī Rawādārī (Deoband: Rābiṭah Madāris Islāmīyah „Arbīyyah,2015),12. 28

Koshul, “The Verities of Muslim Response -1”, 71. 29

Muhammad Ikrām, Mawj-e-Kauthar (Lahore: Institute of Islamic Culture, 1992), 159.


After Sir Syed Aḥmad Khan, Amīr„Alī Sayed (1859-1909) was the leader of this approach.

Both were the great leaders of Pakistan freedom movement for separate homeland with

different point of views, so later on, it is perceived a division of fundamentals and liberal

Muslims trends in Pakistani socio-religious and political perspective.

The second phase of the modernist approach is called the contemporary modernist

approach. According to the scholars principally there is no difference between the two but

only in their effectiveness and intellectualism. For example; both are rationalist, agreed on

compatibility of religion and science (where incompatible religion is modified or rejected).

The West and its institutions is role model for the humanity. They adopted apologetic

behavior to defend Islam. Bāsiṭ Bilāl argues in this way;

“Even though the major grounds of early modernist and the contemporary

modernist ideas are similar but the contemporary modernists thought is

confirming to be extra efficient because its approach is much stylish than that

of its ancestor”.30

This approach is not a resistance or competition against the Western liberal values but actual

it is a kind of apology and reconciliation. Prof. Khurshīd Aḥmad supposed, “Another

reaction was an acceptance and reconciliation with the Western thought and civilization. It

was not a direct resistance but it was a soft deal with the West. It is called modernity or

enlightened moderation”.31

Basically they disliked religion and religious values and did what the West required.

We can say they were toys in the hands of the West. Prof. Khurshīd more states; “This trend

was promoted by the British rulers and some of Muslims had apologetic behavior towards the

defense of Islam. They tried to make the Western values as Islamic. They openly said what

the West does it is not opposite of Islam and accept it as such”.32

Actually, this approach helps

the West to demolish the Islamic thought and civilization in an academic way. These are

helpers of the West. It should also be necessary to understand what is the basic focus of the

contemporary modernist approach is and thought towards Islam and liberal values?

Therefore, a Muslim scholar Tawṣīf Pārray writes;

“Modernity or Modernism is a movement to reconcile Islamic believes and

practices with modern Western values such as Democracy, Human Rights,

Nationalism, Rationality, E quality and Progress, appeared in the mid of the

30


Khurshīd, “Islam aur Maghrib”,21. 32

Koshul, “The Verities of Muslim Response -1”, 71.


19th

century as a response to colonialism and which led the Muslim world

into different disasters”.33

It is as well an inserting point to know how modernity was adopted by Muslim

modernist scholars during the competition with Western thought and civilization all over the

world, especially, in India. Bāsit Koshul expresses his views; “The focal point of

contemporary modernist efforts is to initiate different techniques and measures from within

the Islamic tradition that will allow them to condemn those Islamic ideas that are measured to

be irreconcilable with modern thought”.34

Another important drawback in the modernist

approach is their compatibility with Western naturalism to interpret the Quran only. In this

way they refute Ḥadīth of the Prophet ملسو هيلع هللا ىلص and focus on personal and rational interpretation

of the Quran. A PhD Scholar Ghulām Shabbīr articulates;

“The basic tragedy with Sir Sayed Aḥmad Khan‟s approach was that he tries

to reconcile the Islamic world view with the Western standard of Naturalism.

In later stages, Sir Sayed Aḥmad Khan and his fellow like Mawlānā Chirāgh

„Alī rejected Ḥadīth completely and focused only on the Quran and his

personal interpretation. So, the Ahl al-Quran is an inheritance of Sir Sayed‟s

thought in the Indian subcontinent”.35

So in the subcontinent the study traced out the roots of Ḥadīth refutation in the modernist

movement of the subcontinent. Although the basic stand of early and the contemporary

modernist movements are same but the contemporary modernist differs strictly from the

traditional as well as with the revivalist methodology towards reformation of the society.

Dr. Fazlur Reḥmān (1919-1988) is considered another renowned modernist scholar of

the contemporary age. He said about the revivalists approach, “To persist on a factual

application of the Holy Quran, closing one‟s eyes to the social amendment that has happened

and that is deliberately going on in front of our eyes is equivalent to intentionally crushing its

moral and social functions and objectives”.36

He suggests reinterpretation of Islam in modern

context to resolve the issues of reformation and decline. Dr. Fazal further said, “If the

Muslims insist on constant conversions about the feasibility of Islam as a system of canon

and practice in the contemporary world in real, then it looks apparent that they should yet

33

Pārrey, Tauṣīf Aḥmad, “Islamic Modernist and Reformist Thought”, World Journal of Islamic History and

Civilization 1:2 (2011):79-93. 34


Shabbīr, Ghulām, “The Cross Swords: Islam, Modernity and Fundamentalism”, Pakistan Journal of Islamic

Research 12 (2012):1-17. 36

Fazal-ur-Reḥmān , Islam and Modernity: The Transformation of an Intellectual Tradition (Chicago:

University Press,1984),40.


again begin at the scholarly level”.37

The approach and methodology towards Islam and

modernity of Dr. Fazlur-Reḥmān is rejected and received major criticism from the

mainstream of Muslim scholars. Therefore, there are many voices raised against his thought.

Koshul articulates in journal of Islamic Studies; “In the view of many Muslim critics, Fazlur-

Reḥmān‟s views are extreme by any appraisal and enclose main mistakes. Though bearing in

mind the appalling and the hectic status of the modern Muslim scholarship, his views needs

serious deliberation”.38

A misconception which we see in modernist spheres is that they see the Western

principles of socio-politics and technology as Islamic. According to some opinions, Muslim

and Western intellectual approaches are the same. Jāvaid Ghāmidī, one of the renowned

modernist Islamic scholar of Pakistan states; “Actually Islamic and the Western intellectual

methodology are similar. Muslims reach Tawḥīd (Monotheism) to use this approach but the

West cannot do this due to its contradiction”.39

Consequently they intellectually understand

that if we want to go forward we should adopt them. At that point, a contemporary scholar of

Western thought Dr. Muhammad Amīn said;

“A big misconception which is found in the public, as well as, in Muslim

scholarly spheres, the Western principles of development and progress are

Islamic. We left them and West adopted them. Therefore we must follow these

Western principles of progress to go ahead”.40

They are really in a great misconception because modernity and liberalism are the second

name of the Western values and thought. Charles Kurzman states in an article;

“Modernization is still often defined as the adoption of Western European institutions, norms

and values. These characteristics (Modern Liberal values) were associated with the West not

with other societies”.41

It is clearly declared that the West and America is the sole owner of the modern

Western values as absolute concept of human liberty. I think it is a big misconception in other

words, simply to say it is propaganda from the lovers of Western civilization. May be some

things are same by chance but actually the Western thought and civilization are totally

different from Islam because both have different foundations: one is materialistic and other is

divine. In contemporary age, there are many scholars and advocates of the modernity and

37

Fazl-ur-Reḥmān, “Islamic Modernism: Its Scope, Methods, and Alternative”, International Journal of Middle

East Studies 1:4(1970):239-253; http://www.jstor.org/stable/162650. 38

Koshul, Bāsiṭ B., “Fazlur-Reḥmān„s Modernity and Islam Revisited”, Islamic Studies 33:4 (1994):403-417. 39

Johar, Muhammad Dīn, “Ḥarf-e-Murād”, Mahnāmah Jī (Yes) 11:10 (2013):7-20. 40

Mawdūdī, Islam aur Tehdhīb-e-Maghrib Kī Kashmakash, 75. 41

Charles Kurzman, “Muslim Modernity‟s; Interdisciplinary Insights across Time and Space”, The Muslim

World 105:4(2015):440-445; http://onlinelibrary.wiley.com/doi/10.1111/muwo.12105.


Western thought in Muslim societies. Most important of them are, Akbar S. Aḥmad, „Alī

„Abd al-Razzāq, Jāvaid Ghāmidī, Ziā Gokal, Fataḥullāh Gollain, Mawlānā Waḥīduddīn

Khan, Ṭāhā Hussein,„Abdul-Karīm Sarūsh, Amīna Wadūd , Hassan Ḥanafī, and many other

names.

The contemporary Modernists have similar points of view on modernity and modern

Western thought like Dr. Fazlur-Reḥmān but sometimes Akbar S. Aḥmad seems more

advance and active than Mr. Fazalur-Reḥmān to advocate modernity and Western liberal

values in Muslim societies. He suggests Muslims to understand the West with its context to

move forward; “The Muslims must appreciate Western values and freedom according to its

true context and also accept its characteristics for socio-political development”.42

In his book

he tries to present reconciliation between Islamic and Western civilization but this was not an

absolute solution. Here, Dr. „Ārifa Farīd rightly observes, “As an expert sociologist Akbar S

Aḥmad does not deeply analyze the Islamic civilization and also does not present a practical

solution of post modernity issues but his writings are fruitful to know the Western

thought”.43

Akbar S Aḥmad deems Islam is politically and ideologically weak in front of the

West and his values so we should leave confrontation and encounter. He affirmed in his

book; “Because it appears in the most unexpected forms in the most unexpected places, Islam

appears so threatened and vulnerable”.44

It has become an intellectual habit of most of the

modernist scholars that they criticize Islamic thought but does not present a solution of it,

except reconciliation and acceptance of Western model as development. Madam Maryam

Jamīlah criticizes modernist approach in this way; “Our contemporary modernists who desire

to strengthen Islam but they mold it to suit secularism and materialism. Definitely, they are

the most efficient mediators for achieving their efforts”.45

It is also a fact that liberal Muslim

approach is launched by the West to secularize the Muslim world. Basically, this approach is

not a Muslim oriented approach but a Western oriented approach, which is introduced by

Western scholars to secularize Muslim society. Professor Khurshīd Aḥmad rightly states;

“So-called, Muslim modernization is an understood effort to promote

secularism and liberalism in the Muslim World. It tries to dictate the Western

liberal values in the Muslim society. As a result the traditional Islamic values

have become weakened”.46

42

Aḥmad Akbar S, Discovering Islam: Making Sense of Muslim History (London: Rutledge, 1992), 23. 43

„Ārifah Farīd, Tehdhīb key Us Pār (Karachi: Karachi University Press, 2000), 136. 44

Aḥmad Akbar, S., Postmodernism and Islam (London: Rutledge, 1992), 97. 45

Maryam, Jamīlah, Islam and Modernism (Lahore: Yusuf Khan Publishers, 1966), 13. 46

Khurshīd, America: Aur Muslim Dunyā kī Bay Iṭminānī, 59.


Accordingly, it can be seen the rapid growth of secularism, Western lifestyle and obscene

culture, in Muslim elite class day by day. Most of the Western values are not compatible to

the Islamic values so as result this creates conflict and clash in the Muslims societies. If the

traditionalists are considered on the one extreme, the modernists are on the other extreme. So

we need a sober dialogue on modernity in contemporary Muslim countries.

One of the most significant and burning issues of modernity is freedom of

expression in the contemporary age. This is also assumed as a practical form of conflict

between modernist and revivalist scholars of Islam. A group of liberal modern Muslim

scholars in the contemporary ages advocate and argue that the unlimited freedom is necessary

for intellectual development and human growth. Although it is claimed that absolute freedom

of expression in necessary for social and intellectual development and also they suggest

Western thought as role model in this case. It is also a fact that the absolute freedom is not

prevailing in any place of the universe even in the Western secular countries. Here, Sindre

Bangstad‟s views seem most relevant to the issue;

“Freedom of expression is a central ternate of any liberal, secular and democratic

society and so it must. But despite of public assertion to the contrary, there is no

society in the world where freedom of expression is absolute”.47

Despite of this fact some secular Muslim scholars of them are so brave that they

permit to criticize the Islamic values even the holy Quran and the personality of the beloved

Prophet Ḥaḍrat Muhammad ملسو هيلع هللا ىلص. One of them is a famous scholar of India Mawlānā

Waḥīduddīn Khan48

. Although it is a great debate and requires a separate study but we

present their point of view and then analyze their views only for academic purpose. Mawlānā

Waḥīduddīn Khan is not the only personality in this regard, but he is a thought and many

liberal Muslim scholars and youngsters like him. He is a representative and spokesman of the

unlimited freedom of expression. Actually it is a contemporary liberal trend and approach of

the freedom of expression and necessary to analyze it. It is also a fact that it is a controversial

approach and majority of Muslim scholars and public do not like and own it.

47

Bangstad, “Fighting Words: What‟s Wrong with Freedom of Expression”, 266. 48

Mawlānā Waḥiduddīn Khan: He is famous Muslim scholar of India. He was born in 1925 in UP, „Azam

Garh India. His family took part in freedom movement of India with a nationalist Hindu leader with Mr. Mohan

Das Ghandī. So he was famous as a nationalist Muslim. He got his primary Islamic education from an Islamic

seminary Madrassah al-Iṣlāh of Sirā‟y Mīr, near Azam Garh in 1938. He graduated in Islamic studies in 1944.

After he completed his education He researched to broaden his vision and wisdom, carried out various important

researches till 1955. His interested topic of research was Islam and the modern challenges of the world. He is a

full supporter of rationalism and modern values of the west. He is a writer of 200 hundred books. He delivered

many lectured on national and international level. He has received many international awards from the west and

America. He established an Islamic centre at Delhi, India in 1970. He launched a Journal to spread his message

in the name of al-Risālāh in Urdu and English. He established an international center CPS (Global Centre for

Peace and Spirituality) in India, Delhi, in 2001. Now he is founder president of it.


3.1.2.1. Mawlānā Waḥīduddīn Khan and Freedom of Expression: Mawlānā

Waḥīduddīn Khan gives much importance to freedom of expression and considers it basic

requirement and key to human progress and development. Most of his scholarly writings are

evidence to this fact. He argues in his book; “Islam gives complete freedom of thought and

expression. Actually Islam is the first religion of the world which grants freedom of thought.

All kinds of human development are found in this freedom of thought”.49

He considers it the

most important human right and liberty and it has direct relationship with innovations so any

restriction or limits on intellectual freedom harms the human power of reasoning and

intellect. He counts many benefits of free speech which are necessary for a human being.

According to Moulānā Wahīd udddīn khan freedom of expression is like a seed towards news

ideas and innovation.

It means he believes in freedom of expression and thought as a matter of faith.

According to Khan‟s views there are many benefits of freedom of expression thought. In the

coming lines we shall present his approach and thought on freedom of expression in the light

of his teachings and then we shall analyze it under the mainstream Muslim scholarly views.

I. Resistance against Duress: Another important benefit of Free speech is that it grants

determination and will to man to resist against illegal pressure. According to Moulānā Wahīd

udddīn khan stand point the Holy Quran describes it in the Quran at various places and styles

as a core principle that religion should be free of any external pressure and compulsion.

Therefore, Almighty Allah pronounces;

“Let there be no compulsion in religion: Truth stands out clear from Error:

whoever rejects evil and believes in Allah hath grasped the most trustworthy”.50

Imām Ibn Kathīr interpreted this verse of the Holy Quran in this way; “Do not compel anyone

to embrace Islam, because Islam is simple and apparent, and its evidence and confirmation

are simple and easy. Consequently, there is no requirement to compel anyone to accept Islam.

Relatively, whoever Allah leads to Islam unlocks his heart for it and makes clear to his

intellect and he will hold Islam with confidence”.51

According to Khan‟s point of view the

most important benefit of freedom of speech is that man gets able to resist illegal and

dishonest arguments about his faith and religion. In this way the freedom of expression works

like a resistance force against religious freedom.

49

Khan, Waḥīduddīn, “Islam aur Āzādī-e-Fikr-o- Khiyāl”, Monthly al-Risālah 237 (1996):2-3. 50


Abu al-Fidā, Tafsīr Ibn Kathīr,1:264.


II. Salvation from Hypocrisy: No doubt hypocrisy is a serious and sensitive matter of

charge for a Muslim believer. Therefore, Islamic Teachings discuss it in details. According

to Mawlānā Waḥīduddīn Khan Views, Freedom of expression and thought saves a man from

hypocrisy and hypocritical activities. He frequently argues; “Human being is a thinking

being, so will think and express if you ban the free speech obviously he thinks but will not

express so in this way will indulge in hypocrisy”.52

He understands to freedom of expression

as a standard in faith and hypocrisy and it is a big claim. Allah speaks about hypocrites;

“Distracted in mind even in the midst of it, - being for neither one group nor for

another whom Allah leaves straying, - never wilt thou find for him the way”.53

A wise Ḥadīth of the Prophet ملسو هيلع هللا ىلص also indicates the signs of a hypocrite;

“There are four features made anybody who gripped them, a pure hypocrite;

anyone who has one of them has an attribute of hypocrisy till be deserted it:

when he speaks he cheats, when he makes a promise he acts falsely, and when

he argues he diverges from the truth”.54

After these arguments Waḥīduddīn firmly understands that the right to freedom of expression

saves a person and his faith from hypocritical activates

III. Free Speech Relationship to the Creativity: According to Moulānā Waḥīduddīn khan

views, freedom of expression and speech is directly related to innovation and creativity. If we

restrict or limit the freedom of discussion and thought we will stop the innovation and

creativity, which is the most significant requirement of the human materialistic and

intellectual progress and development. Freedom of expression opens new horizon for human

physical and spiritual progress and development He articulates likewise;

“In a society where there is freedom of expression and thought, people innovate and

create and where we stop freedom of discussion and thought, we see intellectual

decline. So in this society the intellectual growth & evolution will stop

automatically”.55

It is besides a fact, thinking in the universe and creation of the Allah is also an

important duty of human being. Allah describes the signs of believers in Quran;

52

Khan, “Islam aur Āzādī-e-Fikr-o-Khiyāl”, 3. 53



Khan, “Islam aur Āzādī-e-Fikr-o-Khiyāl”,2.


“Behold! In the creation of the heavens and the earth, and the alternation of

night and day, - there are indeed Signs for men of understanding”.56

The Prophet ملسو هيلع هللا ىلص said about them who do not think in the signs of Allah creation which are

described in Quran, “Loss for them who recites the Quran but do not ponder in it”.57

To

conclude, Mawlānā Khan observes that these verses of the Quran and Ahādīth of the Prophet

.prefer pondering to simple recitation ملسو هيلع هللا ىلص

VI. Acceptance and Declaration of the Truth through Free Speech: According to Waḥīd

Khan‟s perception Freedom of speech and thought is a source of declaration and acceptance

of truth. He expressed his views; “According to a Ḥadīth of the Prophet ملسو هيلع هللا ىلص when a

believer is offered a truth he accepts it”. In this Ḥadīth truth means commandment of truth. In

other words, when he finds a truth or he is informed of a mistake, he immediately accepts it.

It means, he always in search of a truth or wisdom, where he finds and receive it”.58

Thus,

Allah utters about this important feature of Muslim believers in the Quran;

“Mankind was one single nation, and Allah sent Messengers with glad tidings

and warnings; and with them He sent the Book in truth, to judge between

people in matters wherein they differed”.59

The Prophet Muhammad ملسو هيلع هللا ىلص consider wisdom and truth is lost asset of a believer, “The

Wisdom/knowledge is the missing assets of the believer, consequently anywhere he discovers

it, and he has more right to get it”.60

Therefore, Mawlānā Wahīduddin khan assumes from

the above arguments that freedom of expression and thought enable a believer to accept and

declare the truth wherever he discovers or finds it. He also enables to reject the false

statements and wrong perceptions with usage of intellectual and academic process. It is only

possible due to free thinking and criticism.

V. Freedom of Expression as a Right and Duty: According to Khan, Freedom of

expression and thought are fundamental human rights. He believed, “In a Ḥadīth it is a

feature of a believer when he grants a truth, he accepts it. When he is guided towards his

56

Sūrah Āl„Imrān 3:190. 57

Ṣaḥīḥ Ibn Ḥibbān, Ḥadīth no.620. 58

Khan, “Islam aur Āzādī-e-Fikr-o-Khiyāl”,3. 59

Sūrah al-Baqarah 2:213 60

Jām„al-Tirmidhī , Ḥadīth no.2687.


personal mistake he is ready to correct his mistake. He becomes fond of making his mistake

correct”.61

The Prophet ملسو هيلع هللا ىلص said about fundamental rights,

“Your lord (Allah) has right on your own body, He has right on you and your

family has right on you so pay every right to every right holder”.62

This and some other writings of Mawlānā Waḥīduddīn Khan also show that freedom of

expression is counted sometime a right and sometimes it becomes an important duty for a

believer. So the right way to freedom of expression and thought is to avail it with its spirit.

VI. Difference of Opinions as a Discourse for Human Development: According to Khan‟s

point of view, for human development and progress disagreement of views is necessary,

because this is an important step for human intellectual and material development and

progress. This human discourse is regularly educated towards human being from Allah in his

Nobel Book The Quran also guides us to this point;

“(Allah) said: "Get you down, with enmity between yourselves. On earth will

be your dwelling-place and your means of livelihood, for a time”.63

Definitely this is true, but there is difference between disagreement and difference of opinion.

Islam appraises difference of opinion because it‟s on logic and reason but depreciates the

disagreement and disappointment because it creates chaos in the society. The Prophet ملسو هيلع هللا ىلص

said, “The difference of opinion Ikhtilāf64

in my Ummah is a blessing”.65

Instead of it this

Hadith is authentic; The Prophet ملسو هيلع هللا ىلص stated; “Verily you differ in presence of me and after

me you will differ much after me”.66

Many Ahādīth67

of the kind Prophet ملسو هيلع هللا ىلص presents

prophesies of difference in future after the sacred era of the Prophet ملسو هيلع هللا ىلص. Mawlānā

Waḥīduddīn Khan said after quoting this Hadīth, although this Hadith is not authentic and

some say it fake news but he make his opinion up on it;

“So we can see difference of opinions if recommended as course of human

development. Consequently, for that purpose freedom of expression, it is

necessary because if there is no difference of opinion occurs then the mental

61


Sahīh Bukhārī, Ḥadīth no.1968. 63


Ikhtilāf: Some scholars have observation on this Hadīth because the Quran forbids from Mukhālfat. We think,

Iktilāf for the sake of Ikhtlāf is not good but to discuss and argue, for positively and good it is allowed. 65

Al-Muttaqī, „Alāuddīn, „Alī, Kanz al-„Ummāl (Beirut: Mu‟ssisah al-Risālah, 1981), Ḥadīth no.28686. 66

Musannif Abdurrazzaq Hadith no. 3256 67

Another Hadith of Prophet ملسو هيلع هللا ىلص about Ikhtilāf; “You will find strict differences after me, so you are

recommended to strictly follow the Sunnat of Me and my Khulafā( Caliphs). (Mustadrak Hākim, Hadīth# 329)


stagnation will not stir up and human beings will fail to reach the new

dimension of wisdom and knowledge”.68

Thus, Mawlānā Waḥīddudīn khan appreciates freedom of expression and thought without any

early or advance limits and restrictions. He says frequently, “An important principle of free

speech is that freedom of expression will be free from any restraints because if we limit

freedom of speech the people will not express their views openly and this behavior at last

becomes hypocrisy”.69

This statement opens a new debate that if a person speaks openly and

criticizes openly then he is true believer but if he does not expresses his views openly then

according Moulānā views he may be a hypocrite. Here, categorically I do not agree with him.

VII. Freedom of Expression as a Sincere Advice: As a sincere advice, the free speech is a

duty of every Muslim. This duty should be free from every benefit and boundaries. He said

about good words and advice; “The expression of adviser contains on responsibility. He

thinks if he remains silent on this occasion, he will be questionable and accountable on the

day of resurrection. He speaks only because it becomes his duty”.70

According to the Qurānic

conversation on this important issue;

“Ye are the best of peoples, evolved for mankind, enjoining what is right,


As well as, many Ᾱhādīth of the beloved Prophet ملسو هيلع هللا ىلص consider sincere advice is an

obligation for every Muslim believer. The Messenger of Allah ملسو هيلع هللا ىلص frequently says;

“He who among you observes somewhat awful must change it with authority;

and if he has not sufficient strength to do it, then he should do it with his

tongue, and if he has not enough potency to do this, then he should dislike it

from his heart, and that is the slightest of belief”.72

If a Muslim does not act upon it according to his capacity, the Quran (According to

Surah al-Asr) considers him a loser one. Therefore, Mawlānā Waḥīduddīn Khan suggests

promoting the sincere advice. He affirms in his article; “Islam wants everybody has this

freedom and liberty to criticize and express his views to others without any hurdles and

restraints “.73

This and his other arguments confirm his point of view that he likes and

promotes maximum freedom of speech and criticism in the society including religion.

68


Ibd ,22. 70


Sūrah Āle „Imrān 3:110. 72


Khan, “Islam aur Āzādī-e-Fikr-o-Khiyāl”,10.


VIII. Freedom of Expression as a Collective (Social) Effort: According to Mawlānā

Waḥīduddīn Khan Views, Islamic society is not a static but a dynamic society. His writings

and speeches are eye witness of it. He promotes maximum freedom of criticism and considers

it as collective effort of the society. Therefore, he suggests, for this purpose of freedom of

expression and opinion becomes a collective effort and duty of a Muslim society. At this

issue the Quran and Aḥādīth of the Prophet ملسو هيلع هللا ىلص guides us very much. Allah declares;

“To each is a goal to which Allah turns him; then strive together (as in a

race) towards all that is good. Whosesoever‟s ye are, Allah will bring you

Together, For Allah Hath power over all things”.74

A thought provoking Ḥadīth leads us towards a virtue of goodness. The Prophet ملسو هيلع هللا ىلص said;

“This graciousness includes many assets, and for this there are contributions. So happy news

to the one who Allah formulates a key to excellence and a lock for wickedness, and sadness to

the one who Allah formulates him as an input to the wickedness and a lock for excellent”.75

Factually, it‟s blessing of a person and it‟s also blessing to the society if he becomes lock of

evils and key to happiness. According to Mawlānā Khan‟s Views on this Nobel Hadith;

“This Ḥadīth of the Prophet ملسو هيلع هللا ىلص tells us that the Islamic society cannot

become neutral in the reformation and promotion of goodness. Here he sees a

need he plays his proper role to contribute in the goodness. To open the door

of goodness and try to close the door of evil is the best quality of a true

Islamic society”.76

But the question is that how can we establish a sane and reform society to establish

these features? He replies to this question; “The most desirable process of this kind begins in

a society due to freedom of expression and criticism. Where people the member of society

can criticize anybody without any abasement. Therefore, it is summarized that whenever we

do not create an environment of liberty we cannot create a sane and good society”.77

Therefore, he assumes that to promote goodness in the society and eradicate wicked in the

society is not an individual or personal job but it is a collective work. For that purpose the

right to freedom of thought and expression work like key.

IX. Freedom of Expression and Blasphemy: Mawlānā Khan has different point of view on

blasphemy and apostasy. Another important objection, he softly defends the Qadiyānies on

74


Sunan Ibn Mājjah, Ḥadīth no.244. 76


Ibid, 36.


behalf of this argument that Mirzā Ghulām Aḥmad Qādiyānī78

did not claim Prophet-hood

and never challenged the last Prophet-hood of the Prophet Muhammad (ملسو هيلع هللا ىلص). He claimed in

an article, “Mirzā Ghulām Aḥmad Qādiyānī never declared himself a Prophet of Allah. He

declared himself a shadow of the Prophet. So such claim can be called a kind of madness but

could not become a claim of Prophet-hood”.79

He does not reflect Ghulām Aḥmad Qādiyānī and his group, disbeliever (Kāfir) as the

other Muslim scholars do. But it is historical fact that Mirzā Qādiyānī and his followers

clearly declare him a Prophet. He claims a revelation (Waḥī) revealed on him as the Quran,

the Torah and the Injīl (Bible). Mirzā Qādiyānī claimed in his book; “I believe in my

revelation as the Quran, the Torah and the Injīl were declared”.80

After this clear claim of

Prophet-hood by Mirzā Qādiyānī, I think either Mawlānā Khan does not know much about

Qādiyānīyyat or his perception of Prophet-hood is different from mainstream Muslims.

Mawlānā Waḥīduddīn Khan loves freedom of expression and thought that exceeds its limits.

He criticizes the Muslim scholars on their conservative approach on this issue. He opposes

blasphemy laws and defends Selman Rushdī‟s very controversial book „The Satanic Verses”

on the ground of freedom of expression. We shall try to elaborate it in the following lines.

Mawlānā Khan does not consider it as blasphemy act, which deserves capital punishment. He

writes in his book Masa‟lah-e-Shātim-e-Rasūl, “Under discussed topic the view of Ibn

Taymīyyah on Blasphemy of the Prophet ملسو هيلع هللا ىلص is the obligatory penalty of death, but the

arguments he presented in his book (al-Ṣārim al-Maslūl „Alā Shātim al-Rasūl)81

in favor of

his opinion are not sufficient”.82

I think the criticism of Moulāna khan against a leading

Muslim scholar and Mujthaid like Ibne Taimīyyah has no sense on the issue of blasphemy.

Here, he argues in an interesting way;

“The death penalty of blasphemer is not a problem of the blasphemy issue.

Blasphemy is actually attack on the thought and sprit of the Islam. In fact the

78

Mirzā Ghulām Aḥmad Qādiyānī: He was an important character of British India. British brought him forth

to eliminate the Muslim freedom movement in India. He was the first man who declared India Dār al-Islām and

gave a Fatwā against Muslim freedom and jihadist movement against British in the subcontinent. Later on he

claimed to be prophet. He also opposed Pakistan freedom movement. After a long legal and intellectual struggle

Pakistani parliament declared his sect as non-Muslim in Pakistan. Since that day, they are treated as non-Muslim

minority in Pakistan. Nowadays, their international secretariat is in London, UK. 79

Khan, Waḥiduddīn, “Khatam-e-Nabuwwat Number”, Monthly al-Risāla 9(2011),1-48. 80

Qādiyānī, Ghulām Aḥmad, Roḥānī Khazā‟in (Amritsar: Safīr-e-Hind Press,1880),17:454;

https://www.alislam.org/urdu/rk/Ruhani-Khazain-Vol-17.pdf. 81

Ṣārim al Maslūl ‘Alā Shātim al-Rasūl: According to Muslim scholars this book is a classical book on this

topic. Imam Ibn Taymiyyah presented hundreds of arguments and practical examples from the Quran, Ḥadīth,

Fiqh and Islamic history for death penalty to blasphemy of the prophet ملسو هيلع هللا ىلص. 82

Khan, Waḥiduddīn, Shātim-e-Rasūl ka Masa‟lah (Delhi: Good Words Books,1997),104.


blasphemy remains after the death of blasphemer, if the actual issue does not

resolve after the death then what benefit to kill the blasphemer”.83

He further says; “In fact the killing of blasphemer issue is logically incomprehensible issue.

There is no clear evidence in the Quran and Ḥadīth of the Prophet ملسو هيلع هللا ىلصfor death penalty”.84

According to me, there are many evidences which support this theory that the

blasphemer will be killed. The basic Islamic sources and scholars are agreed upon the death

penalty of blasphemy. At that point, Allah pronounces about blasphemers in the Quran;

“Those who annoy Allah and His Messenger - Allah have cursed them in this

World and in the Hereafter, have prepared for them a humiliating

Punishment. They shall have a curse on them: whenever they are found, they

shall be seized and slain- (Such was) the practice of Allah among those who

lived aforetime: No change wilt thou find in the practice of Allah”.85

Many Ahadith of the Prophet ملسو هيلع هللا ىلص are eye witness of this capital punishment of Blasphemy

of the Prophet of Islam. In this important case, Imām Bukhārī narrates a story of killing, the

Prophet ملسو هيلع هللا ىلص commanded the Ṣaḥābah to kill Ka„b Ibn Ashraf:

“Who will kill Ka„b bin Ashraf. Verily, he hurt Allah and His Prophet? Muhammad

bin Muslamah stood up and said, "O Prophet of Allah, Do you like to kill him? He

responded; Yes. (Then Muslamah went to him and said something about the

Prophetملسو هيلع هللا ىلص which is suitable and part of this killing plan) Ka„b replied, "By Allah,

you will get tired of him. Ibn Muslamah said, “We have followed him, so we abhor

exiting him till we observe the end of his matter”. Muhammad bin Muslamah kept

busy him in conversation and in this way till he got the chance to kill him”.86

A landmark judgment of Sheikh-ul-Islam Ibn Taymīyyah makes it clear. He commented

about blasphemy law in his famous book as; “The blasphemer of the Prophet ملسو هيلع هللا ىلص will be

killed although he is a Muslim. It is agreed upon by the four Imāms of Ahl al-Sunnah”.87

They may differ in the interpretation and implementation of this punishment. For example

83

Khan, Shatim-e-Rasūl ka Masa‟lah, 113. 84

Ibid, 128. 85

Sūrah al-Aḥzāb 33:57-61. 86


Ibn Taymīyyah, Aḥmad bin „Abdu al-Ḥalīm, al-Ṣārim al-Maslūl „Alā al-Shātim al-Rasūl (Beirut: Dār al-Kitāb

,1978),1:10.


clarity of Blasphemy, enforcement of penalty through a valid court, true and valid witnesses,

giving chance to repentance (Tawbah) etc.

According to an expert of blasphemy law advocate Muhammad Ishmael Qurayshī;

“Throughout the Islamic history, it is an agreed upon tradition that the every blasphemer of

the Prophet ملسو هيلع هللا ىلص was punished by death sentence”.88

Mawlānā Waḥīd also argues that there

are many examples in the age of the Prophet ملسو هيلع هللا ىلص where He did not command to kill his

blasphemer. For that purpose he quoted some examples from Sīrah of the Prophet ملسو هيلع هللا ىلص for

example, the issue of „Abdullah bin Obayy and in Ghazwah Ḥunayn, when a person blamed

the Prophet of injustice in the distribution of booty. The scholars replied to these examples;

firstly, the Prophet ملسو هيلع هللا ىلص himself forgave them as in the example of „Abdullah Ibn Sarah at

the time of conquest of Makkah at the request of Ḥaḍrat „Uthmān (RA) and secondly the

Prophet sometimes avoided them due to bloodshed and anarchism in society as about

„Abdullah Ibn Obayy, the chief of hypocrites of Madīnah, thirdly, it was the divine right of

the Prophet ملسو هيلع هللا ىلص to forgive or punish anyone. So, according to the scholars, the Prophet

availed his right as he wanted and wished in his life but now after his death andملسو هيلع هللا ىلص

completion of the Quran and end of the Waḥī (Revelation), according to a reasonable

number of scholars, it has become a Divine law. So presently, the accused will be dealt

according to the Sharī„ah.

One of the major objections on Mawlānā is that he defends the most controversial

writer Selman Rushdeī on the grounds of freedom of expression and human rights and also

criticizes the Muslims scholars for their aggressive approach. His point of view is totally

different from other Muslims scholars. Khan considers it Rushdeī‟s right to freedom of

expression and protests of Muslims against him as their mistake. He writes;

“The writings and letters which advocate of protest and killing of Selman

Rushdeī publish in the world press mostly consist of these similar words that

he condemns the sentiments of billion Muslims. These words are really

opposite to the fact because more than 99% Muslim participants in this issue

are Indian and Pakistani Muslims”.89

In another writings he considers it irrelevant and irresponsible protest. He articulates; “The

book of Selman Rushdeī is exactly an extra activity but the protest of Muslim against this

issue is more extra”.90

He understands the protest against Rushdeī is principally wrong and

88

Qurayshī, Muhammad; The Messenger of God and the Laws of Blasphemy in Islam and West, 169. 89

Khan, Shatim-e-Rasūl kā Masa‟lah,32. 90

Khan, Shatim-e-Rasūl kā Masa‟lah,64.


Muslim attitude towards this protest is revolting. He comments; “The strong protest of

Muslim Leaders against Rushdeī is not a mistake but it is actually a blunder and does not

forgivable at least. It is greater than Rushdeī‟s crime”.91

If protest against blasphemy of the

Prophet ملسو هيلع هللا ىلصis assumed greater crime than Rushdie blunder then what we can say after it on

the views of Moulānā Wahīduddīn Khan. According to my thinking he has little bit

sympathy towards Rushdīe under the cover of freedom of speech.

He deems this age an age of freedom so anybody has right to say and publish anything

what he wants and wishes, this freedom of opinion is due to Western thought and

civilization. He elaborated his views; “Although the absolute freedom does not seem

compatible to Islamic thought. But if we see it deeply then it becomes a blessing for Islam,

because this great revolution opens the door of Islamic Da„wah over the world. The excess of

freedom will be suitable for preaching opportunities of Islam”.92

This protest makes stand the

Muslim and West in confrontation. He agrees with the views of the Western Journalist,

Edward Mortimer, on these protests. Edward comments at Voice of India; “We locate

ourselves caught up within a spiritual war, the war of ideas (freedom and Religion). It equally

attacks our religion. By our Religion, I do not mean Christianity. But Christianity is no

longer the religion of Britain. The religion of this country and of the free world to which it

belongs exactly is liberty”.93

These comments are a core and extreme defense of the freedom

of speech from the West but Mawlānā Wahīd Khan agrees with these comments. He said;

“The above comments are hundred percent true because in Selman Rushdeī‟s affair the

Muslim protest is totally wrong”.94

These and arguments clearly shows that Mawlānā Wahīd Khan considered freedom of

expression and speech as a tool to spread Islam. Although, he mentions some limits and

boundaries of freedom, but these are nominal and tends towards boundless freedom of

speech. He is so fond of freedom of expression that he allows bearing some negative

consequences and demerits to adopt and permit freedom of speech. I think this point of view

is close to Western concepts of freedom of expression. In the coming passages I will try to

present Waḥīduddīn Khan‟s limits on freedom of expression.

3.1.2.2. Waḥīduddīn Khan’s Limits to Freedom of Expression: Commonly, the

study do not find any kind of limits and restriction on freedom of thought and criticism in

Mawlānā Waḥīduddīn Khan‟s thought but sometimes he suggest some limits and restriction

91

Ibid,33. 92

Khan, Shatim-e-Rasūl kā Masa‟lah 69. 93

Mortimer, Edward, “The Rushdeī Affair”, The Times of India (February 28, 1989), Section no.2, A3. 94

Khan, Shatim-e-Rasūl kā Masa‟lah, 68.


on freedom of expression. He considers it a system of slavery and injustice to put any kind of

restrictions and retrains on freedom of expression. He articulates; “Almighty Allah creates a

human being free so under his nature he wants us to think and discuss freely. It is such an

excellent characteristic of human nature that we cannot separate it from him anyway”.95

He is

against extremism or radicalism in any field of social or practical life. He said;” Although

freedom is a natural and fundamental right of every body but the basic tenet and feature of

this liberty is that its limits are fair and do not make it violence and torture”.96

Everything of

this world has its limit and the same is the case of freedom of expression and thought but

what will be the limits of freedom of expression and criticism.

He said about the limits of freedom of expression and opinion; “The limits of freedom

of thought and expression are that one should be in the sphere of known and confirm facts

and findings. Do not give or make an opinion on the basis of hypotheses and wrong

perceptions. Do not make your building of thought on fake and fictitious arguments”.97

Allah

commands in the Quran;

“And pursue not that of which thou hast no knowledge; for every act of hearing,

or of seeing or of the heart will be enquired into on the Resurrection”.98

To research out perfectly before talking and writing on any issue it is another principle of

freedom of expression in Islamic and also owns it Khan in his writings. He comments alike;

“It is responsibility of a person if he expresses his views on an issue or

personality he should research out before his comments. He should complete

his assessment before discussion. Then he speaks only when he has solid

reason to speak otherwise he should keep silent”.99

It is observed, the numerous Aḥādīth of the kind Prophet Ḥaḍrat Muhammad ملسو هيلع هللا ىلص also

guides us towards this important principle of free speech. The Prophet said, “Anyone who

believes in Allah and the Last Day he should speak well or be silent”.100

Khan also limits the

freedom of expression with ability and preparation because according to his views with

preparation the discussion is like propaganda and it is against pure Islamic teachings.

Therefore, khan writes about freedom of expression most likely;

95


Ibid., 35. 97


Sūrah al-Isrā‟ 17:36. 99


Ṣaḥīḥ Bukhārī, Ḥadīth no.6087


“The freedom of expression and discussion can be allowed to him who does

preparation before speaking and discussion. He proofs himself able to express.

To comment and believe in overheard talks and propaganda is a sin in a

Ḥadīth of the Prophet”.101

The Prophet ملسو هيلع هللا ىلص decided the limits of expression more than fourteen hundred years ago in

this way, “Enough for a man to be declare a liar that he conveys anything what he hears”.102

Therefore, Muslim is bound to do not spare a conversation or discourse which has no

authenticity. The Holy Quran also puts limitations on freedom of speech. Therefore, Allah

commands to Muslim believers in His Nobel Book;

“O believes! If a wicked person comes to you with any news, ascertain the

truth, lest ye harm people unwittingly and afterwards become full of

repentance for what ye have done”.103

Furthermore, he differs with international human rights instruments, as, he does not

agree with the international UN charter of human rights UDHR. He writes the reasons in such

a way; “What are the reasons behind the failures of the UDHR? The reason is that this

declaration is not in consonance with the law of nature. According to which everyone enjoys

freedom (including freedom of expression). This very freedom stands as a permanent hurdle

in the path of establishing ideal justice in the society”.104

These were some important

principals and limits of freedom of expression and thought in the view of Mawlānā

Waḥīduddīn Khan. When we deeply study the thought and vision of Mawlānā Waḥīduddīn

Khan we feel some kind of clear contradictions and conflicts in his views on freedom of

expression and thought. One side he suggests absolute freedom of expression and thought for

human development and progress but here he puts on strict restrictions and retrains as

revivalists suggest overcoming the Ftinah (sedition) and chaos in the society.

3.1.3. The Revivalist Islamic Approach: The Third most vital and the prevailing

main stream Muslim approach towards modern religious and socio-political issues is the

revivalist approach. Actuality it is the middle, most reasonable and compatible approach with

Islamic behavior which runs between the two extreme sides (Traditional and Modernist).

Prof. Khurshīd Aḥmad affirms; “In between the reaction of two kinds, one is total difference

and other is total acceptance, a third reasonable response to the Western civilization and

101



Sūrah al-Ḥujurāt 49:6. 104

Khan, Waḥīduddīn, “Human Rights verses Human Duties”, Spirit of Islam 32 (2015):29-30.


thought is revivalist movement or approach”.105

In indo-Pak perspective we can say Nadwat‟l-

„Ulamā‟ was the first regular revivalist encounter against modernity and other Modern

Western issues. This institution is founded by Mawlānā Shiblī Nu„mānī after he parted with

Dār al-„Ulūm Deoband. After it we see various bigger names in this approach as Jamāl al-Dīn

Afghānī, „Allāmah Muhammad Iqbāl, Sayed Abūl-Hassan „Alī Nadvī, „Allāmah Shiblī

Nu„mānī, Sayed Mawdūdī, Hassan al-Bannā‟, Sayed Qutub, Muhammad „Abduhū, Rashīd

Raḍā and in the modern ages Dr. Yūsuf al-Qardhāwī , Dr. Rājī al-Fāruqī, , Dr. Maḥmūd

Aḥmad Ghāzī, Dr. Ftahī Muhammad Osmān , Dr. Zafar Isḥāq Anṣārī , Prof. Khurshīd Aḥmad

According to Professor Turāb al-Ḥassan Sargānā comments;

“In the Indian subcontinent at the end of 19th

century, Muslims had two main

sources of inspiration, Aligarh and Dār al-„Ulūm. But a modest group of „Ulamā‟

founded a new Islamic education institution Nadwat‟l-„Ulamā‟ in 1893 with

some variation of views with the traditional scholars”.106

The Revivalist Islamic approach towards modern Western issues represents the

Muslim scholarly and open minded understanding to others with reasons, respect and

dialogue but with different opinion. The original contribution of revivalist Islamic approach

towards modernity is its stand on Islam as a complete mode of life. They presented Islam

according to its complete spirit. Koshul affirmed it in his study;

“The unique contributions made by the revivalists illustrated Islam as a Dīn

(code of life) and not just a religion (Creeds and customs). The basic truth that

such a description had to be made by the Muslims is in itself supports that

Islam had come into contact with modernity”.107

The revivalist movement is a future based mediator movement, which represents the actual

Islam between the right and left. Professor Khurshīd Aḥmad commented; “The Islamic

revivalist movement is a future viewed movement and has no link to the thought of the

fundamentalist groups. It focuses on the original sources of Islam and to stand with

contemporary situation”.108

Allāmah Iqbāl was the first person in the subcontinent who exactly encountered and

deeply criticized the Western values and thought. To criticize the Western values was his

famous topic of poetry. His criticism has value for the Western scholars because he spent

many years in Europe and had chance to see closely the Western thought and civilization

105

Khurshīd, “Maghrib aur Islam”,21. 106

Sargānā,Turāb al-Ḥassan ,“The Role of Deobandī „Ulamā‟ in Indian Freedom Movement”, Pakistan Islamic

Research Journal 15 (2015) :39-48. 107

Koshul, “The Verities of Muslim Response-1”, 75. 108

Khurshīd, America: Aur Muslim Dunyā Kī Bay Iṭminānī,57.


during his doctorate study. It seems necessary to overview Iqbāl‟s approach towards the

Western values, modernity and civilization. Iqbāl was the opponent of Western thought and

civilization, he considered the Islamic Renaissance as an encounter with the West and his

approach was different from the early loyalists. Mas„ūd Rājā says;

“‟Allāmah Iqbāl‟s vision on the West shows a complete different picture from

the existed one by the early Muslim modernists such as Sir Syed Aḥmad Khan

and Alṭāf Ḥusain Ḥālī, Amīr„Alī Sayed etc.”109

I think Allāmah has much credits for the improvement and up gradation of the Islamic

thought, especially, in the subcontinent and generally all over the Muslim world, but two of

his works are very credible; first to pay attention to the reconstruction of religious thought in

the perspective of the new age and other one was to acknowledge the evil of the Western

civilization. The first work is done by his landmark sermons;

“The reconstruction of Islamic thought was done by his excellent poetry in Urdu and

Persian. He openly commented in his sermons; “We most welcome the liberal

movement in the modern Islam, but it must also be confessed that the manifestation

of liberal thoughts in Islam composes the most dangerous elements in Islamic

history because the Liberal movement has a trend to act as a force of collapse”.110

Iqbāl did not literally oppose the modern change because Islam absorbs any positive

change but he carefully suggested to move forward; “Accordingly, It is the most important

duty of contemporary Muslim leaders to realize the true implication of what has occurred in

the West, and then to go ahead with willpower to achieve the final aims of Islam as a socio-

political force”.111

It means we should reconstruct our thought according to Islamic principles

of continuous movement called Ijtihād to satisfy with our requirement in the light of Islam.

The second most important contribution of Iqbāl is to criticize Western civilization. His

excellent and glorious poetry tells us about Western civilization likewise. According to

Iqbāl‟s opinion, Ijtihād in the light of the Qurānic basis is a vital key to solve the challenges.

Therefore, in his poetry he gives special focus to Ijtihād. As well as, many studies show that

and I also observe that Allāma Muhammad Iqbāl disliked Western style of thinking and

unlimited freedoms. In addition, He suggests a comprehensive solution to resolve the

problems of Muslim Ummah in the light of Quran and Sunnah;

109

Rājā, Mas„ūd Aḥmad, “Muhammad Iqbāl: Islam, West and Quest of the Modern Muslim Identity”, The

International Journal of the Asian Philosophy Association 1:1 (2008) :37-50. 110

Iqbāl, Allāmā Muhammad, The Reconstruction of Religious Thought (Lahore: Iqbāl Academy, 1976), 69. 111

Iqbāl , The Reconstruction of Religious Thought, 69.


“You have given freedom by the Modern Civilization

Actually it is slavery in the name of so freedom

Therefore do not think according to the Western standards

But the standard of the nation of Prophet is enough for you.” 112

In fact Iqbāl‟s poetry provides strong criticism on modern Western culture and also provides

a complete cure to overcome the most important issues of the contemporary age. Before we

decide to accept or reject the Western culture and modernity we must consider Iqbāl‟s poetry

as an essential description for the solution of Western challenges of modernity and

secularism.

Throughout the Islamic history, the encounter with the Western thought and

modernity Muslim scholars has been trying to maintain dialogue, encounter or reconciliation.

These three approaches (Traditionalist, Revivalist and Modernist) have weight on an

intellectual level. There has been a competition among these approaches. Khurshīd Aḥmad

argues;

“The historical contest has been present continuously among these trends and

approaches. Sometime revivalist became victorious; sometimes the modernist

and sometimes traditionalists became more influential”.113

This is an important truth about the revivalist movement and its approach that it is not

a traditional or modernist approach but it is the reasonable and the middle approach to

understand upcoming issues in Islamic context. The middle way is the good way and Muslim

Ummah is (Ummah al-Wasṭ) the middle nation. At the forth coming point I am going to

elaborate the revivalist approach of freedom of expression. So, here, I shall discuss the

thought of a leading revivalist contemporary Muslim scholar Prof. Dr. Muhammad Hāshim

Kamālī regarding freedom of expression and speech and other contemporary issues related to

freedom of speech.

3.1.3.1. Dr. Hāshim Kamālī’s Principles to Freedom of Speech: The majority of

Muslim scholars believe in responsible and limited freedom of expression. Even the

112

Iqbāl, „Allāmah Muhammad, Kullīyyāt-e-Iqbāl (Lahore: Sa„d Publications, n. d.), 299. 113

Khurshīd, “Maghrib aur Islam”, 21.


traditional Muslims scholars („Ulamā‟) and the modern Muslim jurists agree upon the

freedom of expression under some valid ethical and social limits. One of the leading scholar

and voice in this perspective is a prominent Malaysian scholar Dr. Muhammad Hāshim

Kamālī114

. He is a leading in conventional approach of freedom of expression. He considers

it the most important human right but demands some limits on it. He has dozens of books,

lectures and articles on the issue of freedom of expression. In fact in the modern age he

academically writes and speaks on this issue in the Muslim perspective. He has valuable

contribution on this issue in the modern age.

This research explores that he has very balanced approach regarding freedom of

expression and speech. On one side he has deep roots in the fundamental Islamic principles

and on the other side he interprets them according to contemporary needs and requirements.

As a jurist and Islamic scholar he demands and considers freedom of expression as a vital and

fundamental human right but also demands some legal and ethical limits on this right to

protect the human dignity as well as the right of freedom of expression. His point of view is

full of academic arguments and references. So we can say his voice is the leading voice in the

contemporary age on Islamic concept of freedom and rights. Even the Western scholars deem

his books as a reference on this issue. He has many valuable books and articles on this issue.

In the following lines we shall try to express his point of view on freedom of expression from

his books and articles.

Prof. Dr. Muhammad Hāshim Kamālī considers the freedom of expression as most

vital human right and defines it in a legal perspective, because in Islam all kinds of rights and

liberties are granted by Almighty Allah through Sharī„ah (Islamic Law). He defines freedom

of expression likely, “Freedom of expression includes freedom of the press and the liberty to

communicate ideas in all forms; including books, pictures, signs and other means of

communication”.115

Additionally, he adds about its purpose and status in this way, “The

purpose (of freedom of expression) may to inform, to communicate ideas, to persuade, to

convince others, to reveal the truth or to clarify and eliminate doubts”.116

According to his

academic perception the status of the freedom of expression is legal over the world‟s legal

traditions including Islam, “The basic notion of freedom and of freedom of expression would

114

Muhammad Hāshim Kamālī: Professor Dr. Muhammad Hāshim Kamālī is one of the most prominent

Muslim scholars. He was born in Afghanistan in 1944. He completed his graduation and masters from Kabul

University. He did his PhD from London University. He has served many leading institutes of the world. He

worked as professor and faculty Dean at international Islamic university Malaysia from 1985- 2004. He is an

author of several academic books and articles on Islamic jurisprudence, human rights and freedoms. Now he is a

CEO of International Institute of Advance Islamic Studies Malaysia. 115


Ibid, 9.


appear to strike a common note in all legal traditions, including that of Islam”.117

Here, I

would like to add that in Islamic perspective the notion of freedom of expression including

other rights and liberties is not just a legal one but it has moral and religious validity as well.

If we consider the position of freedom of expression in the universal legal traditions,

we can easily determine its status that it is not freelance but it based on some responsibilities

and limits. These limits and responsibilities determine its importance and purity. It means

Islamic limits are not new and alone in this field but these limits and restraints make it more

secure and vital for human dignity and honour. The Prophet ملسو هيلع هللا ىلص once said during Ṭawwāf;

“How superior you are and how fine your smell; how immense you are and how

immense your holiness. By the Allah in Whose Hand is the soul of Muhammad,

the sanctity of the believer is superior before Allah than your sacredness, his

blood and his wealth, and to think anything but good of him”.118

Dr. Hāshim Kamālī also discussed its objectivity and significance in Islamic

perspective in his academic work on freedom of speech. According to Dr. Kamālī‟s opinion

there are two basic objectives of free speech in Islam. He assumed, “There are basically two

main objectives that are served by the right to free speech; 1-discovery of truth and 2-

upholding the human dignity”.119

These two rights are more vital in Islamic Sharī„ah even

that many verses of Quran and traditions of the Holy Prophet ملسو هيلع هللا ىلصarticulate the validity and

importance of the both. The first primary source of Islamic teachings as well speaks about

these most vital rights of a man. Almighty Allah guides us in the Quran as;

“By the Time, Verily Man is in loss, except such as have Faith, and does

righteous deeds and of Patience and Constancy”.120

The Prophet Muhammad ملسو هيلع هللا ىلص continuously expressed this essential issue in his statements.

Imām Bayhāqī narrates a thought provoking Ḥadīth of the Holy Prophet, “Ḥaḍrat Abū Dharr

(RA) states that my best friend (The Holy Prophet) advised me to tell the truth even it is

unpleasant”.121

According to sheikh Ṣālih al-Fowzān,” it is necessary for anyone when a case

is in the court anyone who has a witness of this case, should tell the exactly what he saw

although it may be unpleasant or go against someone”.122

In case of witness Islam does not

117




Sūrah al-„Aṣr 110:1-3. 121

Bahaqī, Sha„b al-Īmān, Ḥadīth no.7583. 122

http://alfawzan.af.org.sa/search/node/ 6393/Accessed:28/9/2015.

http://alfawzan.af.org.sa/search/node/


bother anyone, no matter he or she is a nearest relationship. Thus, Allah commands to the

believers in a clear way;

“O, believers! Stand out firmly for justice, as witnesses to Allah, even as

against yourselves, or your parents, or your kin, and whether it is rich or poor

for Allah can best protect both. Follow not the lusts, lest ye swerve".123

A contemporary interpreter of the Quran Ḥāfiẓ„Abdusslām Bhutvī assumed about it , “You

must firmly give true witness against him although he is rich or poor because Allah

commands us it and Almighty Allah is the best wisher of all the creations”.124

According to Dr. Kamālī‟s views, the other key objective to freedom of expression,

other liberties and human rights is dignity of man. He considers it complement of human

dignity; “Freedom of expression also complements human dignity. For the essence of

character and personality is reflected in a person‟s opinion and judgment”.125

Many verses of

the Holy Quran and Aḥādīth of the Prophet ملسو هيلع هللا ىلص lead us to dignity of human being.

"By the Fig and the Olive, And the Mount of Sinai, And this City of security,

We have indeed created man in the best of moulds”.126

The important stand point of the Holy Quran regarding human dignity is that he breaks all the

barriers against human being. Dr. Kamālī firmly believed, “The Qurānic verses clearly

surpass all the racial social or religious barriers that divide the humanity. It is general and

absolute declaration and there are evidences in the Sharī„ah to qualify the broad and universal

term of this statement”.127

On another place of the Holy Quran, Almighty Allah, the only

Lord of the universe regards the human being with its true spirit and divine power. The

following verse of the Quran is repeatedly described during study due to its importance on

this issue for human respect and dignity.

“We did indeed offer the Trust to the Heavens and the Earth and the Mountains;

but they refused to undertake it, being afraid thereof: but man undertook it”.128

123


Bhutvī, Ḥāfiẓ „Abdusslām, Tafsīr al-Quran al-Karīm (Lahore: Dārulandlus,2015),1:421. 125

Kamālī, Freedom of Expression in Islam,P.12 126

Sūrah al-Tīn 95:1-5. 127


Sūrah al-Aḥzāb 33:72.


These verses of the Quran show dignity, respect and regard of human beings. These verses

show man as trustee (Khalīfah) of the Allah on the Earth. According to Allāmah Muhammad

Iqbāl views about this verse; “Man is trustee of free personality and he therefore bears the

responsibility that goes with it. Moreover, freedom in this sense is a trust which man has

accepted at his risk”.129

Human Rights and liberties also preserve the dignity of man in the

society because he is supernatural creation. According to the proceedings of international

seminar on „Human Rights in Islam; “To preserve the dignity of man it is necessary that

society guarantees him food, drink, lodging, clothing, education and employment and as well

as his right to expression opinion, participate his political life of his country and to be assured

of his own security and that of his kin”.130

Therefore it can be said that the discovery of truth and upholding the human dignity

are the foundational stones of the human rights and liberties in Islam. Although these two are

not contradict to each other but if a meanwhile they confront to one another than the

discovery of truth is priority in Islam. Dr. Kamālī‟s opinion also favors this issue; “Of these

two objectives which both are recognized and validated in Islam. It is perhaps the discovery

and vindication of truth on which Islam tends to be more emphatic”.131

According to

Professor Kamālī‟s opinion, the freedom of expression is a fundamental human right and has

more significance and clear status in Islamic Sharī„ah. Even that he considers it a barometer

to judge the worth of an Islamic government. He often stresses that “Freedom of expression

has frequently been characterized a barometer by which to measure the democratic quality of

a Islamic government and its commitments to rights and liberties of its citizens”.132

He also

confesses this fact that the difference of opinion creates knowledge and also necessary for a

reasonable public consensus. In this way, we can know the public opinion and can utilize the

public opinion to improve the government performance. According to his cherished views,

“It is only to be expected that free speech may bring contentious issues out into the open and

stimulate difference of opinion but may be this is only way to facilitate a meaningful

consensus on an issue”.133

This study has strong agreement to his opinion that the freedom of

speech and criticism can play a vital role to enhance the performance of government.

Furthermore, he raises a substantial question that we can use the right to free speech

to account the government and society in the sense of constructive and fair criticism on

different issues. In this issue he considers the freedom of speech as God‟s gift and an

129

Iqbāl, Reconstruction of Religious Thought in Islam, 95. 130

Human Rights in Islam (Geneva: International Commission of (Muslim) Jurists, 1982), 3. 131


Ibid,13. 133

Kamālī, Freedom of Expression in Islam, 14.


excellent tool to remove injustice and misconduct of rulers from state and society. He

explained his views, “Freedom of speech is also a powerful instrument when used to combat

injustice and to expose the misconduct of rulers and leaders who exceed the limit of their

authority”.134

Actually this importance and scope of free speech is not a Dr. Kamālī‟s

principles but these are retrieved from the Holy Quran, Ḥadīth of the Prophet ملسو هيلع هللا ىلص and sīrah

of the righteous caliphates of the Islamic history. Most of them we have quoted in first and

second chapter of the research. He mentions some very important fundamental principles of

free speech in Islamic perspective. According to him there are five primary principles of

Islamic freedom of speech.1-Principles of Ḥisbāh, 2-Sincere advice (Naṣīḥāh), 3-consultation

(Shūrā), 4-Personal reasoning or opinion (Ijtīhād or Rā‟y) and 5- Positive Criticism

(Muḥāsibah)”.135

It is also an agreed upon point that the freedom of criticism can play a

major role to account a government if we use it for constructive purpose and style.

From above discussion of Dr. Kamālī arguments it is observed, the Ḥisbāh136

is most

important principle of Islamic freedom of expression. Dr. Kamālī argues; “Commanding

good and forbidding evils is a coordinal Qurānic principle which lies in the roots of many

important of Islamic Sharī„ah laws and institutions. This Qurānic principle is also known as

Hisbāh, which lays down the foundation of some of the basic liberties (as free speech)”.137

„Abdul Karīm Zaydān states his view on Hisbāh, “The principle of Ḥisbah provides the

freedom of the person to formulate and articulate a judgment”.138

The Quran and the sayings

of the Prophet ملسو هيلع هللا ىلص discourse a detailed code on the principle of Hisbāh;

“Let there arise out of you a band of people inviting to all that is good, enjoining

what is right, and forbidding what is wrong: They are the ones to attain felicity”.139

In Islamic teachings Hisbāh is one of the most important principles which can be used

to transform the society and individual for virtues and welfare. The blessed Prophet ملسو هيلع هللا ىلصalso

set out a principle regarding Ḥisbāh;

“If any of you see something evil he should set it right with his hand; if he is

powerless to do so, then through his tongue and if he is incapable to do even that,

and then let him condemn it by his heart, but this is the weakest form of faith”.140

134

Ibid,15. 135

Kamālī, Freedom of Expression in Islam ,29-50. 136

Ḥisbāh: It means commanding well and forbidding from evils (Amr bi al-Ma„rūf Wā Nahī „an al-Munkar). It

is a well-known Islamic principle and used to reform Islamic society on the base of Da„wah (Preaching). 137


Zaydān, „Abd al-Karīm, Majmū„ah,128 . 139

Sūrah Āle „Imrān 3:104 .


Therefore, we can assess this fact that according to the Quran and Ḥadīth, the principle of

Hisbāh (commanding good and forbidding evil) is an obligation on every Muslim. This

principle can play a vital role to reform and establish a modest and welfare society and the

State of Madīnah of the kind Prophet ملسو هيلع هللا ىلص was the best example of it.

According to Hāshim Kamālī views, sincere advice (al-Naṣīḥah) is the second

foundational principles of Islamic freedom of speech according Dr. Kamāli‟s views. Literally

Naṣīḥah means a friendly reminder or sincere advice. According to Islamic scholars the word

advice does not properly explain the world Naṣīḥah. Arabic word Naṣīḥah is automatically

includes the meaning of sincerity or sincere advice. According to Dr. Jamāl Bādī arguments;

“The term Naṣīḥah cannot be precisely translated in English because it is a wide notion which

cannot be traced in the English language or to any other language .Some use the term

sincerity but this is only part of the idea. Naṣīḥah is truly seeking the best, in terms of

intention and action, for the one whom he is making Naṣīḥah to”.141

The Holy Quran uses it

in the perspective that the Prophet to advise his nation. Almighty Allah mentions an excellent

discourse of the Prophet Noah (AS);

“But a messenger from the Lord and Cherisher of the worlds I but fulfill towards

you the duties of my Lord's mission: I am a sincere and trustworthy adviser”.142

A good number Aḥādīth of the blessed Prophet ملسو هيلع هللا ىلص articulate the detailed concept of

Naṣīḥah its feature, status and importance in Islam. In a Ḥadīth of the Prophet ملسو هيلع هللا ىلص said;

“Al-Dīn is the name of sincere advice. Then we asked: To whom? He responded: To

Allah, His Book, and His Prophet and to the leaders and the Muslims Ummah”.143

Dr. Muhammad Hāshim Kamālī said while commenting on the Ḥadīth of Naṣīḥah in this

way; “The spirit of Islam regarding Naṣīḥah is to promote a watchful but kind manner on the

part of followers who are likely to maintain and defend the ethical and spiritual values of

Islam”.144

We can differentiate between Naṣiḥah (sincere advice) and tawbīkh (warning).

According to another Ḥadīth of the blessed Prophet ملسو هيلع هللا ىلص the Naṣīḥah is considered as a

moral and religious obligation. The Prophet ملسو هيلع هللا ىلص said about Naṣīḥah, “When you are asked

for your sincere advice must give him”.145

This obligation shows the importance of Naṣīḥah

and its relation with freedom of expression in Islam.

140


Bādī, Jamāl Aḥmad, Commentary of the Forty Aḥādīth of Al-Nawwī (Malaysia: IIUM, 2002), 41. 142




Ṣaḥīḥ Muslim, Ḥadīth no.5778.


The third most important aspect of the foundational principle of freedom of

expression is Ijtihād or personal reasoning in Islamic perspective. Dr. Kamālī writes about the

importance of Ijtihād; “Ijtihād is the most vital source of Islamic law after the Qur'an and the

Sunnah. The main differentiation between Ijtihād and the revealed sources of the Sharī'ah lies

in the fact that Ijtihād is an incessant process of development whereas the divine revelation

and Prophetic legislation stopped at the death of the Holy Prophet ملسو هيلع هللا ىلص”.146

This should also

be kept in mind that the matter of Ijtihād has directed the relation to freedom of expression

and opinion because both accept difference of expression and opinion. Dr. Kamālī sums up

the issue of free speech and Ijtihād as, “The tradition of Muslim scholarship in relation to

freedom of expression and Ijtihād is, on the whole indicative of latitude and tolerance”.147

This means the Muslim tradition in freedom of expression is based on self-autonomy and

tolerance towards others. Muslim behavior and intellectual standpoint is flexible towards

freedom.

The fourth significant foundation principle of Hāshim, Kamālī‟s idea of freedom of

expression in Islamic perspective is Shūrā or Consultation. He considers it as a key feature of

Islamic state and society. He affirms it in his statement; “Being one of the leading principle

of the Islamic Government approved in the Quran, Shūrā wants the head of state and

government leaders to perform the public affairs through consultation with the community

members”.148

Almighty Allah commands the Prophet ملسو هيلع هللا ىلصto consult his companions. Allah

commands to the Prophet ملسو هيلع هللا ىلص and as well as all believers about consultation in the Quran,

“And consult them in affairs .Then, when thou hast taken a decision”. (Sūrah Āl„Imrān

3:169)So for that purpose the Prophet ملسو هيلع هللا ىلص consulted the matters with his companions most

of the times. Ḥaḍrat Abū Hurāyrah (RA) narrates, “I have never observed anyone to be more

attentive in consulting the companions than the Prophet ملسو هيلع هللا ىلص”.149

Almighty Allah reveals a

Sūrah with the name of Surah Shūrā in the Honored Quran and then commands all the

Muslims to resolve their issues with consultation.

“Those who hearken to their Lord, and establish regular Prayer; who their affairs by

mutual Consultation; who spend out of what We bestow on them for Sustenance”.150

146

Hāshim Kamālī, Principles of Islamic Jurisprudence (London: Islamic Text Society, 1991), 315. 147

Muhammad Hāshim ,“The Approved and Disapproved Verities of Rā‟iy”, AJISS7:1 (1990):39-63;

www.hashimkamali.com/.../101-the-approved-and-disapproved-varieties. 148


Muṣannaff„Abd al-Razzāq, Ḥadīth no.9720. 150

Sūrah Shūrā 42:38 .


The Prophet ملسو هيلع هللا ىلص commands the Muslims to consult and it is obligatory to respond the

consultancy. Ḥaḍrat Jābir narrates from the Prophet, “If one of you consults his brother, then

let he counsel him”.151

The majority of Islamic scholars consider the consultancy as

obligatory and one of the most important pillars of Islamic Government. Imām Ṭabrī speaks;

“Consultation is an excellent commandment and great pillars of Islamic government. It is the

primary code of Islamic Sharī„ah which is necessary and specialty of Islamic government”.152

The consultation is so important because it creates a difference of opinion which is

necessary to resolve a problem and know the mode and mentality of public. It plays a role of

positive feedback and also to keep check and balance on public policies of a democratic

government. The above mention principles of freedom of expression are most important to

understand the features of freedom of speech in Islamic context. Actually, these principles

work like features of the freedom of expression in Islam. This study observes that if we want

to understand freedom of expression in the light Islamic teachings it is more necessary to

recognize these most important principles. We can use these principles to increase the

performance of a Muslim state and society if we use it for constructive objectives. Moreover

the effort of Muhammad Hāshim Kamālī regarding freedom of expression and speech from

Islamic point of view is highly appreciated.

3.1.3.2. Hāshim Kamālī’s Limits to Freedom of Expression: Muhammad Hāshim

Kamālī mentions some legal and ethical limits and restraints on freedom of expression for its

validity and importance in a state and society. The first question which is raised and answered

by Muhammad Hāshim Kamālī is regarding absolute freedom of expression. According to

Dr. Kamālī‟s opinion, it is impossible with ground realities and facts of Life. He affirms; “It

is inconceivable that any society would have attempted or achieved total and unrestrained

right to free speech for a certain amount of restriction goes hand and hand with the fact of

life”.153

These facts of life demand some legal and ethical limits on freedom of expression for

its validity as well as to save the society from anarchism and clashes. According to Kamālī

arguments sometimes the ethical aspect of a limit is more valid than a legal one and

sometimes legal aspect gains more weight than an ethical one. So it depends upon time and

occasion and varies from society to society. He observes that, for free speech validity it is

also necessary that public opinion should be free from all of unfairness and discrimination but

it is not till now. He openly says;

151


Ibn Jarīr, Muhammad bin Ja„far, Tafsīr al-Ṭabrī (Cairo: Muṣtafā Bābī al-Ḥalbī, 1979),4:152. 153



“Public opinion determines to a large extent, the acceptable limits of such

freedoms and rejects what is unacceptable and excessive. And yet public

opinion is not a free agent as he reflects the combination of moral, religious,

cultural and legal influence”.154

He accepts this fact that most of the legal limits are excessive because law related to society

and every society is differing from one another. So, ethical limits may be acceptable to all

because ethics are more common than laws. According to Mr. „Ālījāh Izetbegovic opinion;

“Although religion and ethics have close affinity with one another, unlike

religious beliefs exclusive of other religions, ethical norms are often shared

between followers of different faiths within and across territorial divides”.155

For that purpose Dr. Kamālī advocates and focuses on the ethical limits rather than

legal ones. He points out various legal limits and restraints on freedom of expression in

Islamic perspective. He also said about excessiveness of legal limits which are imposed on

freedom of expression. He says; “A great deal of inhibitions and restrictions that are imposed

on freedom of speech are extra-legal”.156

Dr. Kamālī strongly rejects this claim and

objections that most of the ethical limits cause harm to the future of free speech. He affirms;

“Freedom of expression is broadly speaking a subject to the same limitations, whether moral

or legal those are applied to other rights and liberties”.157

According to him the key ethical

limits on freedom of expression in Islamic perspective are three; “1- Avoidance of harm to

others including hate speech, privacy and dignity, 2 Prohibition of Fitnah in the society

including chaos, crime and violence and 3- Restrictions on slandering, insult and blasphemy,

etc.”158

Another important limit in Islamic perspective is eradication of Fitnah. Dr. Kamālī

also considers Fitnah in legal and ethical limits and in case of Fitnah freedom of speech can

be limited. He further elaborates; “The Government has a right to limit and restrict the

freedom of expression in the situation of Fitnah, rebellion and sedition”.159

This is most

important limit and principle on freedom of expression in Islamic context because fitna

(sedition) is strictly disliked and prohibited.

154

Ibid,15. 155

Izetbegovic, „Ālīja, Islam between East and West (Kuala Lumpur: Islamic Book Trust, 2010), 128. 156


Muhammad Hāshim , “Ethical Limits on Freedom of Expression with Special Reference to Islam”, Journal of

Islamic Law and Ethics (2014):42-62; www.cilecenter.org/Articles-English-Ethical-Limits. 158

Kamālī, “Ethical Limits on Freedom of Expression with Special Reference to Islam”, 48. 159

Kamālī, Muhammad Hāshim, “Freedom of expression in Islam; An Analyses of Fitnah”, AJISS10:2 (2005),

:178-200; http://omarkasule-ilm.blogspot.com/2011/09/american-journal-of-islamic.


The fourth ethical limit in Islamic perspective is to restrict the spread of evil in the

society including, pornography, obscenity and vulgar writings. Many of the verses of the

Quran commands to avoid the obscenity and the matters related to it. Allah Commands;


whether open or secret; sins and trespasses against truth or reason; assigning

of partners to Allah, for which He hath given no authority; and saying things

about Allah of which ye have no knowledge”.160

The Prophet ملسو هيلع هللا ىلص prohibits all kinds of evil and obscenity. The Prophet said about obscenity

and indulgence, “Obscenity (al-Fuḥush)161

and indulgence (al-Tafāḥḥush) have nothing to do

with Islam”.162

From the above discussion it is observed we find a regular code of „Iffah wa

„Iṣmah in Islamic Sharī„ah (respect and dignity) which is not found in any other thought or

religion of the world. Here, the last Messenger of Allah ملسو هيلع هللا ىلص appreciated those persons who

protect their dignity and avoid the illegal sexual relations;

“Seven people will be sheltered by Allah under His gloom on the day when

there will be no shadow except His. (One of them is)… a man who rejects the

call of a beautiful lady of noble birth for an illegitimate sexual interaction

with her and says: I am fear Almighty Allah”.163

The Islamic Sharī„ah closed every way and path of illegal sexual intercourse

because this destroyed the human race. Allah considers it as a greatest sin in Quran due to

its vulgarity. “Nor come nigh to adultery: for it is a shameful (deed) and an evil (Sūrah

al-Isrā‟17:32).” The prophet ملسو هيلع هللا ىلص warns to the humanity for evils of adultery. Once the

beloved prophet ملسو هيلع هللا ىلص rightly said on an important occasion to his humble flowers;

„O Muhājirūn, there are five things with which you will be tested, and I seek

refuge with Allah lest you live to see them: Immorality never appears among a

people to such an extent that they commit it openly, but plagues and diseases

that were never known among the predecessors will spread among them”.164

160


Al-Fuḥush Wa al-Tafāḥḥush: Talking, listening, hearing and speaking about obscenity and indulgence.

Islam considers it ethical and social evil. 162

Ibn Abī Shaybah, „Abdullah bin Muhammad, Al-Musannaff Ibn Abī Shaybah (Riyadh: Maktabah al-Rushd,

1407 AH), Ḥadīth no.25316. 163


Sunan Ibn Mājjah , Hadith no. 1558.


Therefore, Quran itself awards him punishment of adultery. It shows its strictness. In Islamic

Sharī„ah (Law) the punishment of illegal sexual intercourse after decision of the case from a

credible jury is as Allah commands in the Holy Quran;

“The woman and the man guilty of adultery or fornication, - flog each of them

with a hundred stripes: Let not compassion move you in their case, in a matter

prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of

the Believers witness their punishment”.165

This is for the unmarried ones, according to Fiqh (Islamic Jurisprudence), while for married

ones; the punishment of stoning to death is prescribed. But under the Western influence of

liberalism and secularism one can see growing obscenity, indulgence and pornography as

social evils of the modern age in the name of liberty, freedom of expression and press and

lack of censorship on vulgar contents in the Western countries specially and generally in all

over the world.

In the end it is necessary to analyze and criticize Dr. Kamālī‟s approach to freedom

of expression. First of all it is matter of appreciation that academically Kamālī is the first

Muslims scholar of the modern age who deeply and in detailed presented the case of freedom

of expression in Islamic perspective. The critics of Kamālī also appreciate his work on this

issue. According to Dr. S Pervaiz Manzūr impartial comments, “Conceivably the best point

of entry in his highly influential work is Dr. Muhammad Hāshim Kamālī‟s unique

contribution to debate over „Freedom of Expression in Islam‟. That is really an effort of love

and labor of dedication and piety”.166

We agree with Dr. Pervaiz‟s appreciation. Next he

criticizes Dr. Kamālī‟s work for lack of dialogue with modernity and modern secularism in

the context of freedom of expression. He says, “In his view and reply to the dialogue of

secular modernism, it is far from satisfactory. In sparking over the issue of free speech in

Islam, the author may not have the smooth going into the debate with modernity”.167

Actually

the muslin modernist scholars try to find out the solutions of Western decencies in Islamic

teachings which are not a positive behavior. Here, Zafar Iqbal views about modernists as;

“The dilemma of the modernist scholars of the modern age is that they search

out the solution or alternate of Western thought and philosophy crises in Islam

165

Sūrah al-Nūr 24:2. 166

www.irfi.org/articles-451-500/ freedom of expression and Islam/Accessed:2/10/2015. 167

Pervaiz, “Review on Freedom of Expression and Islam”,2.


with Western approach, while the solution of this illness have to compete the

West with pure Islamic teachings, spirit and ethics”.168

This attitude sometimes presents Islam as a dummy (replica) of the Western thought. They

have also requesting attitude towards Islam and fundamental Islamic teachings.

According to researchers humble opinion it is not a proper way to compete modernity.

Although, we can get benefit from Western or any other thoughts and philosophies but we

should not forget that Islam has its own approach and methodology to overcome the modern

issues. The Prophet Muhammad ملسو هيلع هللا ىلص said in his statement, “The wisdom is the lost property

of the believer, so wherever he finds it, he is more deserving to get it”.169

It is a fact that

Islam does not agree with every issue of modernity and Western thought. Although we

cannot compel anybody to do a right or wrong but the Holy Quran differentiates between

believers and disbelievers as well as their way of living. Furthermore, Islam is said to be a

complete and true code of life. Therefore, Almighty Allah considers it a wrong path;

“If anyone desires a religion other than Islam, never will it be accepted of

him; and in the Hereafter He will be in the ranks of those who have lost”.170

Islam bans and rejects all matters of Jāhilīyyah. There is no difference this Jāhilīyyah

may be old or modern. The Prophet ملسو هيلع هللا ىلص said in his last sermon (Khuṭbah Ḥajjah al-Wadā„).

The Holy Quran also declares a person a lose thinkers who worships his wishes rather than

clear teachings of Islam. His thinking revolves around the finding of worldly things and

luxuries. Allah speaks in Sūrah al-Furqān abut this category of people;

“Seest thou such a one as taketh for his god his own passion (or impulse)? Couldst

thou be a disposer of affairs for him? Or thinks thou that most of them listen or

understand? They are only like cattle; - nay, they are worse astray in Path”.171

Thus, the Prophet ملسو هيلع هللا ىلص said about Jahillīyyāh, “All matters of Jāhilīyyah (bad Customs and

tradition of polytheism) are under my foot”.172

It can be a matter of chance that Islamic and

Western thought agree upon an issue but actually Western and Islamic thought are different

and opponent to each other right from their foundation and approaches. Islamic and Western

concepts of good and bad are different. According to Ẓafar Iqbāl‟s comments on modernity;

168

Zafar Iqbāl, Islam aur Jadīdiyīyyat kī Kashmakash (Lahore: Idārah„Ilm-o-Dānish, 2014),343. 169

Jāmī„ Tirmidhī, Hadith no.2687. 170

Sūrah Āl„Imrān 3:85. 171

Sūrah al-Furqān 25:42-43. 172



“Every civilization contains a special good and all goodness of this civilization

revolves around this good. The Western good is unlimited freedom and liberty but

the Islamic good is worship of one Allah, which provides all kinds of goodness”.173

I think this objection is not valid in this sense that Dr. Kamālī just tried to present the

traditional, Islamic legal and ethical point of view freedom of expression. He does not make a

dialogue with modernity and comparison with modern concept of freedom of expression in

his book. As Sherman A. Jackson affirms in his review of the book freedom of Expression in

Islam; “The major purpose of this book to confirm Islam supports the justification of the truth

and the defense human dignity by granting the right to free speech”.174

According to our

humble opinion, this work can become a convincing argument for the case of freedom of

expression in Muslim perspective in future. Therefore a Western scholar Jackson rightly said;

“Many of his thoughts will definitely prove attractive to modern Muslims.

This may give them with sufficient courage to stand the test of time. For this

very prospect, Kamālī earns our praise”.175

It is really a reasonable appreciation and fair analyses on Dr. Muhammad Hāshim Kamālī‟s

Book „Freedom of expression in Islam‟. We think this is a separate debate and the field is

open to go forward for more intellectual deliberation. We think it is only a begging, not an

end. This work is a serious effort to respond the modern issue of freedom of expression in

Islamic perspective.

It is also a misconception that Islam does not accept modern changes or freedom of

expression and thought. Actually Islam accepts all kind of positive changes but rearrange

them according to his requirements and environment. Islam has own principles to reject or

accept any issue. For example Islam provides all kind of freedom of expression and thought

but put some moral and legal restriction to make it beneficial for the sake of society. It should

also be kept in mind that if free speech is a fundamental right of a person then on the other

side it has to pay the rights of other people is a responsibility and duty. So if we want a

peaceful and sane society we will be make a reciprocal relationship between rights and

duties. The Nobel Quran leads us to this issue in a more beautiful way;

“And those in whose wealth are a recognized right, for the (needy) who asks

and him who is prevented (for some reason from asking)”.176

173

Zafar, Islam aur Jadīdiyīyyat kī Kashmakash,48. 174

Sherman Jackson, “Freedom of Expression in Islam by Hāshim Kamālī”, International Journal of Middle

Eastern Studies 31:3(1999):450- 452; http://www.jstor.org/stable/176223. 175

Jackson, “Review on Freedom of Expression in Islam”, 452. 176

Sūrah al-Ma„ārij 44:25.


A Nobel Ḥadīth of the Prophet ملسو هيلع هللا ىلص guides us; “Your God has a right upon you, your body

has a right upon you, and your kin has a right upon you, so you must provide the rights of all

those who has a right upon you”.177

Therefore, Dr. Fathī Osmān argues, “According to their

faith, it is the individual and collective social liability of Muslims, to protect the human

merits and virtues of whole human being. As well as, defending the human rights of every

human being is a moral duty for a Muslim, who trusts that any repression is an obstacle of

God‟s will and plan in His creation”.178

This reciprocal relationship between rights and duties

guides us towards some restrictions and limits towards liberties and these restrictions are not

newly introduced by one in Islam but every legal system of the contemporary world put some

restrictions and responsibilities on freedoms and right to make it balance and proper, because

without these limits any system cannot run itself fruitfully.

177

Ṣaḥīḥ Bukhārī ,Ḥadīth no.1968. 178

Fathī, Human Rights in Islam,1.


3.2. Contemporary Western Approaches to Freedom of Speech:

The contemporary West has transcended every limit of freedom and liberties. The

modernity and liberalism brought a lot of freedom and liberty for the modern man. However

they have some difference of opinion in its limitation. Then question may arise here, how

much it should be, it should be absolute or with some terms and conditions? Dr. „Ārifa Farīd

elaborated his views as; “When we study the contemporary issues and problems of Western

thought one thing which is agreed upon by Western scholars is demand of personal liberties,

although they belong to any school of thought. All Western thinkers count personal liberty

and individualism as high value”.179

It should be kept in mind the trend and approach of the

absolute freedom is not possible anywhere, it may create chaos in the society. Professor Dr.

Zafar Hussein Zaydī, writes in preface of a book; “The modern age is an era of technology

and science but it brings mental chaos and behavioral un-satisfaction. The material progress

does not provide the modern man spiritual satisfaction but it compels him into a new

disorder”.180

The radical change in the Western societies indicates a danger of chaos and

anarchism because they do not believe in any legal or moral limits and restraints in civil

liberties and rights.

Excess of everything is bad. In the contemporary Western world everyone avails

every kind of freedom and liberty but they are not happy to enjoy their lives. Because their

scholars advocate freelance freedom that it has become a reason of chaos and anarchy in the

society. Now a day, the thesis of absolute freedom has been rejected with anti-thesis of post

modernity. Therefore, the contemporary Western scholars demand synthesis of this (absolute)

version of liberty. Therefore, Prof. Dr. „Ārifa Farīd argues;

“The basic charter of modernity is to provide absolute freedom to human

beings and this was possible through human rationality. This objective could

never be completely achieved, so the scholars think, in this regard modernity

have failed because his goal is unachievable”.181

Now they want to separate freedom of speech and freedom of insult. They

differentiate between freedoms of speech and hate speech. So in this way the West there has

become two types of school of thought about freedoms and rights. One is the advocate of

freelance liberty without any legal or moral sanctions and other demands some legal and

moral limits on freedom of expression to get benefit from these liberties along with

179

Ārifah, Tehdhīb kay Uss Pār,14. 180

Ibid, 1. 181

Ārifah, Tehdhīb kay Uss Pār,18.


conservative182

approach, which also exists in the contemporary Western society but this is

not so strong and active to compete the classical183

and modern184

liberal approaches and

trends.

In the following lines I will try to discuss these three approaches (Conservative

approach, Classical liberal approach and Modern liberal approach) and their trends in

freedom of speech in the contemporary Western context.

3.2.1. The Conservative Western Approach: Literally Conservative means

traditional and conventional but it is not that simple. Longman defines conservative approach

in this way; “A political philosophy based on tradition and social stability, stressing

established institutions and preferring gradual development to abrupt change”.185

In the

Western history before liberalism the conservative approach was measured as the most

significant modern sociopolitical theory in the Christian Western thought. With the passage

of time it was gradually replaced by the liberalism and other modern enlightenment theories.

Although, its representation is found in the modern Western politics up till now nevertheless

actually it has lost its attraction and importance after the beginning of liberalism theory. It is a

fact; in modern Islamic thought that the debate revolves around the separation of religion

from public and collective life. In the Western world the debate also revolves around the

collectivism and individualism. Conservatism was basically reaction of the liberal changes in

the 18th

century. According to Andrew Haywood perception, “The Conservative thought

occurred in response against the French Revolution and the process of transformation in the

Western context, so it is very difficult to discover political conservatism outside Europe and

North American‟s regions”.186

Actually, it was an effort to establish balance between liberal and traditional religious

theories in the Western perspective. In other world, it was the intellectual response to

liberalism from Western sociopolitical spheres. Encyclopedia Americana also highlights this

182

Conservative Approach: Conservative means traditional. The approach in which represented the traditional

point of view about socio-political and religious values. This approach opposes the sudden change of values.

Sometimes conservative is considered as the fundamental and radical religious approach. 183

Classical Liberal Approach: Liberal means enlightened and free. After the Renaissance in the West, many

theories and thoughts took birth. One of them is liberalism. Liberal approach or thought represents new values

which appeal to human rationality and provide him maximum individual freedom and liberties. Liberalism has

many branches but two are very significant. One is the classical and other is the radical or modern, Classical

liberalism rejects the orthodox but believe in some moral and political western values. It also considers the

maximum role of government to provide liberal values and individual liberties. 184

Post Modern or Radical Approach: After modernism and liberalism, a contemporary approach has

appeared in the western world which is called postmodern approach. The post modernity focuses on devalues of

universal and liberal values and demands absolute individual liberties and freedom of expression. They advocate

zero interference from any social or legal authority in personal liberties. In other words postmodernism stands

on clash and reaction of modernity and liberalism. This is a new radicalism. 185

Pearson Longman, Longman‟s Dictionary of English Language (London: Longman‟s Publishers, 1998), 311. 186

Andrew Haywood, Political Ideologies: An Introduction (London: Palgrave Macmillan, 2007), 67.


discourse; “The earliest formulation of theoretical conservatism arose in response to the

philosophy of the Enlightenment”.187

The conservative ideology has a rich intellectual

tradition in the Western thought. According to the writers of political ideologies;

“The Conservatism is also measured as misleading ideology .To know fine

understanding of conservative notion and to know its potential, it is the best

approach to analyze the work of its prominent scholars as David Hume,

Edmund Burke, Michel Oakeshott and Leo Strauss, etc.”188

It is also necessary to know about basic elements and features of conservative thought. But is

difficult to define or comprehend the basic features of conservatism because every scholar

has its own point of view which is different from other. As Jane Werner states this difficulty

in his article;

“The interpretation of conservatism as a political thought has been plagued with

complexities. It is extensively apprehended that conservatism is very difficult to

identify exactly; it is normally supposed that conservatism is more horizontal to

interior conflicts than other ranges of political thought”.189

Here, we can observe that conservatism basically was the last attempt to save the

Western collective values and habits. According to Fredrick Watkins observation, “Human

life is largely a matter of habit and habits are hard to change. In that sense conservatism

always has been and presumably always will be a force to be reckoned with values and

habits”.190

John Hoffman tries to elaborate the basic elements of conservatism as political

ideology. He counted six basic elements of conservatism. “1- Rejection of Rationalism, 2-

Experience Matters, 3- Human Nature, 4- Rejection of Visionary Politics, 5-Respect for

Institutions, and 6-Suspecion of Authority”.191

In the Western history the French Revolution

(1789) is considered as the classical change and success of the liberalism, meanwhile Burke

is also considered the first intellectual critics against this Revolution. The writer of

Encyclopedia Americana elaborates; “Burke saw the French Revolution as nothing less than a

threat to that entire humanity. By challenging the authority of all traditional institutions, the

revolutionists were rashly ushering in an era of irrational and barbarous passions”.192

The Conservative theory is a conventional ideology and firmly believes in historical

and traditional values of the Western society. According to a Western political scholar, “The

187

Cayenne, Encyclopedia Americana, 7: 638. 188

John Hoffman, Introduction to Political Ideologies (Delhi: Dorling Kindersley Pvt., 2010), 36-38. 189

Jan Werner Muller, “Comprehending Conservatism; A New Framework of Analyses”, Journal of Political

Ideologies11:4 (2006)359-365; http://dx.doi.org/10.1080/13569310600924012. 190

Cayenne, Encyclopedia Americana, 7:638. 191

Muller, Introduction to the Political Ideologies, 7:38. 192

Cayenne, Encyclopedia Americana, 7:638.


Conservatives political ideology prefers to base its thought upon experience and history

rather than conceptual roles, but this partiality is itself founded on specific values, in this case

about the restricted rational abilities of human beings”.193

In other words Conservative

thought is not a pragmatism or simple utilitarianism but its roots are based on historical and

traditional values. Therefore it is a fact that the forefathers of the Western modern thought

were also not fond of absolute freedom. Edmund Burke (1729-1797) said; “Liberty gets from

the Law of Nature; it is our heritage, vanished only by irrational. But independence is not a

certificate to act with absolute freedom. Relatively, it is social liberty. It is that status, in

which freedom is protected by equality of limit, with no person or group capable to break the

freedom of any other”.194

John Attarin affirms; “Burke was precisely prominent as the founder

of conservatism. He was also an active supporter of controlled liberty.

As a practical politician, statesman and a thought provoking philosopher he devoted

his public life to protect human rights and liberties”.195

Edmund Burke is also considered a

founder of controlled liberty; Ismail Qurayshī states; “He suggested the British House of

common that freedom is essential but its limits should be cleared and recognized”.196

The

important objective of conservatives is not only to defend the Western old values but also to

resist the French revolutionists and Napoleonic groups. Therefore, Watkins correctly said in

the Encyclopedia Americana;

“The emergence of conservative theory did not lead them immediately to the

organization of conservative political parties. In the first place resistance to the

French Revolutionaries and Napoleonic armies, which dominated most of the

European countries for nearly two decades, was essentially a military matter”.197

Most of the religious Christian has a soft corner for conservatism because they take

conservatism as an effort to save religion, but their opponents charge them that they impose

religion in a secular society which is illegal. Now it has become a political war in the West.

Mark Macgravie points out this issue as;

“Many Christians are not content to rely on their religious views as the basis for

their own behaviors; they want to impose these views on others. Bill Donohue,

193

Muller, Political Ideologies: An Introduction, 69. 194

Edmund Burke, Reflection on the French Revolution (London: JM Dents & Sons Ltd., 1790), 30. 195

John Atarian & Edmund Burke, “Champion of Ordered Liberty”, The Intercollegiate Review 1 (1997) :37-44;

https://home.isi.org/journal-issue/fall-1997-1. 196

Qurayshī, Muhammad the Messenger of God and Law of Blasphemy in Islam and the West, 133. 197

Cayenne, Encyclopedia Americana, 7:639.


President of the Catholic League, argues that non-religious and secular people are

mentally ill and need to be involved in psychotherapy”.198

It is also observed that conservatism has a relationship with nationalism and

patriotism but their opponents charge it as hideout behind national and community services.

Stewart Ain observes; “A national campaign is running to enforce family, religious, and

patriotic duties, which may have their complete appearance in community service. Courts

enforce it in jail time and schools necessitate it for students”.199

So it can also be said that the

conservatism worked to balance the liberal theories of the Western political thought. But the

liberal thinkers consider it a serious threat to liberties and rights.

In fact, the radical secularism and post modernity is a question mark on the future of

religion and traditional values. But what was the reason of liberal and secular thought? We

think non-intellectual behavior and unnecessary limits and restriction in religion was the main

reasons of failure. Sheikh Jā„far Idrīs articulates; “The one reason behind success of

liberalism and failure of religion in the West was the irrational behavior of religious

leaders”.200

Dr. Roger Scruton also points out the reason of the decline of conservative theory

in the contemporary era in this way; “It has been familiar for intellectuals in our time to

consider that the conservative place no longer exist”.201

The Liberal scholars criticize the

weak view of conservative‟s freedom and rights. Andrew Heywood maintains; “The

Conservative ideology has conventionally allowed a pathetic view of liberty as the willing

respect of duties and tasks, negative liberty posing a risk to the materialistic society”.202

There

are many confrontations between liberalism and conservatism but main clash occurs in the

field of rights and liberties. Both the point of views on rights and liberties are totally different

from each other. Here, Dr. Roger argues about conservatism;

“The most significant issue brings conservatism to direct conflict with the

liberal legal point of view, as stated and defended by Edmund Burke, Stuart

Mill and his successors, these are enforcement of moral theories and rights

under the constitution theory”.203

Actually, religion and traditional based theory in the contemporary West has no place

in the future politics and in the society as well, however the conservative scholars are trying

198

Mark Margrave, “Imposing Non-Legal Duties: Family, Religion, Patriotism and the Roots of Contemporary

Conservatism”, Scientific Cooperation International Journal of Law and Politics 1:1(2015):81-91

; http://ase-scoop.org/journals/jLawAndPolitics/currentissue.php. 199

Stewart Ain, “ The Logic of Mandatory Volunteerism”, The New York Times, March 23,2003,A15 ;

www.nytimes.com/2003/03/the-logic-of-mandatory-volunteerism.html. 200

Idrīs, Sheikh Jā„far,“ Desī (Local) Liberals”, Quarterly Īqāz 24:3 (2012):71-76. 201

Roger Scruton , The Meaning of Conservatism (New York: Penguin Books, 1980), 11. 202

Haywood, Political Ideologies: An Introduction, 37. 203

Roger, The Meaning of Conservatism, 77.


to make it acceptable in the Western society and politics for that reason the modern

conservatism is near to classical liberalism.

3.2.2. The Modern or Liberal Western Approach: The second most vital and

prevailing Western approach is modern or liberal approaches and tends towards freedom of

expression and other liberties and rights. Most of the Western scholars and jurists have been

agreed on legal boundaries and restriction on freedom of expression but now with the arrival

of modern liberal theory, they are advocating absolute individual freedoms. According to

them without these legal limits you cannot run the business of State and Government and also

cannot resolve the conflict between different communities and religions. Absolute and

limitless freedom of expression creates anarchism in the state and society. As Edmund Burke,

Stuart Mill and Erich Fromm suggested some legal and moral limits for the sake of society

and stability. Erich Fromm differentiates the positive freedom from negative freedom in his

freedom theory. He elaborated his views likewise;

“The course of rising liberty does not form a ferocious cycle, and that man

cannot be liberated and yet not alone, serious and yet not packed with fears,

free and yet an essential part of mankind. This free man can get by the

understanding of his self by being himself”.204

Liberalism is measured as one of the most powerful theories of the human history till

now. John Hoffman argued; “Liberalism has appeared as the world‟s most leading

philosophy and many of the political liberal democratic societies occur within liberalism, due

to its dominance the liberalism has become difficult theory to pin down”.205

Liberalism is

very important theory in the Western thought. Therefore, every scholar of the West has

indulged to explain it. Some modernist Muslim scholars also interpret this theory according

to their vision. This theory provides a legal and theoretical appraisal to the capitalism and

colonialism in the history. According to Dr. Jāvaid Akbar Anṣārī academic views on

liberalism; “Liberalism provides an ideological and moral justification to capitalism which

proved much successful in the Western history”.206

Therefore, now it has become a

movement in the West and as well as across the Globe. Every field of the Western thought

under occupation of the liberalism. Some Muslim scholars are influenced by it and they

desire to revise the Islamic thought and civilization including basic sources according to

liberalism to compete the modern sociopolitical challenges.

204

Erick Fromm, The Fear of Freedom (London: Ark Paperback, 1984), 222. 205

Muller, Introduction to Political Ideologies, 10. 206

Anṣārī, Jāved Ahmad, “Liberalism”, Monthly Al-Burhān13:3 (2014):49-51.


In addition, Liberalism is a blockbuster theory which has changed the socio-political

thought of the West completely. Longman‟s Dictionary tells us; “The Western political

philosophy based on belief in progress, the essential goodness of human being, the freedom

and independence of the individual and standing for the protection political and civil

liberties”.207

Liberalism is very ambiguous term and has many interpretations since its

foundation but one thing which upon the scholars agreed is maximum individual liberty.

Encyclopedia Americana tells about liberal philosophy as; “Liberalism in its most abstract

sense, is the belief in the value of individual liberty with a minimum of state intervention in

personal life”.208

Webster Encyclopedic English Dictionary defines the term liberalism likely;

“A political or social philosophy advocating the freedom of the individual,

parliamentary system of government, nonviolence modification of political,

social or economic institutions to assure unrestricted development in all sphere of

endeavor and governmental guarantees of individual rights and civil liberties”.209

Liberalism is an opposing force to collectivism and authoritarianism by society or

government. According to McCloskey observation; “Liberalism is normally supposed

especially by its supporters, to be resisted to intervention by way of imposing value judgment

so regarding itself with the personal morality”.210

The above stated definitions show that to get

maximum individual freedoms and civil liberties in every field of life is first and last

objective of the liberalism.

The term and philosophy of liberalism has deep roots in the history of Western socio-

political thought. According to Heywood observation; “The term liberalism has been in use

since the 14th

century but the 19th

century is in many ways considered the century of liberal

ideology”.211

The 16th

and 17th

centuries are measured as the rise up of liberal thought in

Western perspective. According to KR Minogue interpretation; “Its origin may be rooted as

far back in remote times but not until the 16th

and 17th

centuries did liberal political doctrine

arise that may confidently be considered liberal”.212

A well-known Western scholar Charles

Siegel tells us that its origin founded in 17th

Century Western political philosophy; “The

liberal political ideology started in the 17th

century, near the beginning days of the rise of the

207

Pearson, Longman‟s Dictionary of English Language, 844. 208

Cayenne, Encyclopedia Americana,17:294. 209

Webster Noah (ed.), Webster‟s Encyclopedic Unabridged Dictionary of the English Language (New York:

Gramercy Books, 1994), 826. 210

H.J. McCloskey, “Liberalism”, Cambridge Journal of Philosophy 49:187 (1974):13-32;

http://dx.doi.org/10.1017/S0031819100047859. 211

Haywood, Political Ideologies: An Introduction,33. 212

Cayenne, Encyclopedia Americana,17:295.

http://dx.doi.org/10.1017/S0031819100047859


capitalism”.213

The 18th

and 19th

centuries are called the practical experiences of the political

rights and liberalism in the Western context and all over the world. The people were newly

introduced to the modern and Western democracy so the experience and sometimes

excessiveness of the liberties and rights in this regard was a natural phenomenon. A Western

scholar Ludwig Misses stated this situation most likely;

“The philosophers and thinkers of the 18th

and the early part of the 19th

century created a political theory that served as a conduct to social ideology

first in the Western countries, and then in the other parts of this globe

also”.214

Liberalism and capitalism have also near relationship to each other even colonialism

is also considered the baby of liberalism philosophy. Heywood articulated; “In really the

liberalism has become the leading philosophy of the contemporary industrialized West. Even

some of political philosophers have declared that there is an essential and unavoidable link

between liberalism and capitalism”.215

From the above discussion, it can be easily realized

that the liberalism theory is deeply rooted in the early 17th

century, but it was political

practice before 19th

century in Brittan and then in all over the West. Due to its importance

and acceptance top of the Western scholars, political thinkers and economists are counted as

the fathers of the liberalism theory. Some writers consider Thomas Hobbs (1558-1669) and

some other considers John Locke216

(1632-1704) as founder of the liberal theory in the West.

Jacques Rousseau (1712-1778) and Emmanuel Kant (1724-1804) provided this theory

ideological and ethical foundation. Dr. Jāvaid Akbar Anṣārī opines;

“John Lock is the founder pillar of the Western liberalism. According to my

view the history did never give birth of such a powerful liberal thinker. The

liberal scholars are elaborating his views from the past five hundred years”.217

Thomas Hobbs gave the idea of liberty without any restriction but Lock focus on

individual liberty. John Hoffman states; “Thomas Hobbs‟ liberty is purely the nonexistence

of limits but John lock‟s liberty acquires the actable civil rights”.218

At the time of Hobbs and

Lock in the West, there were powerful governments of kings and they enjoyed the Divine

Rights. In this situation it was also an important success of liberal scholars that they

213

Charles Siegel, Classical Liberalism (Berkeley: Preservation Institute of California, 2011), 5. 214

Ludwig Von Misses, Liberalism in the Classical Tradition (New York: The Foundation of Economic

Education, Inc., 1985), 10. 215

Haywood, Political Ideologies: An Introduction, 34. 216

John Locke: He was a well-known British thinker and practical politician. He was born in Somerset in 1632.

He got education of medicine at Oxford University. His political thought was grown against the environment of

local tradition and was shaped by the British Revolution. He was founder of liberalism. 217

Anṣārī, “Liberalism”, 49. 218

Muller, An Introduction to Political Ideologies, 24.


demanded the provision of natural rights. Encyclopedia Americana tells about its history in

this way, “By the 18th

century the social contract theme of Government had displaced its main

rival, the Devine Rights of king‟s doctrine, which asserted the rulers exercise authority by

leave of God”.219

This statement clearly tells that the history of human rights and liberties

does not start from Megna Carta in the West because it is not public documents for rights and

liberties but it is document of division of paybacks between king and lords.

Some scholars have argued that the liberalism basically was an economic philosophy

and rose as the reaction of government and religious restrictions on economy. So capitalism

and liberalism have nearest connection to each other. Dr. Anṣārī argues, “The European

religious states of 16th

and 17th

centuries put down some ethical restrictions on economic

activates. The liberalism is actually the reaction of these restrictions on economy in the

West”.220

According to Charles Siegel‟s observation; “Laissez-faire liberals (the capitalist

thinkers) assumed that people are financial animals, who have a common right to achieve

their self-interest”.221

Later on, this liberal economic tendency led towards economic

corruption, capitalism and then colonialism. Maximum Individual liberty and freedom are the

key features of the modern liberal socio-political thought. Andrew Heywood states likewise;

“Modern liberals see liberty as the only form in which people are capable to

expand their talents and abilities and perform their powers. However liberals

do not believe in absolute individual liberty. If freedom is limitless it can

become a license to violence against others”.222

In the modern time John Stuart Mill223

(1806- 1873) is considered as a prominent

scholar of liberalism. As a political philosopher and practical politician his work on freedom

of expression and individual liberty is considered really a landmark contribution of this field

in liberalistic perspective. His book „On the Liberty‟ is acknowledged as a classical

contribution in the field of freedom of expression. Mill‟s principles on freedom of expression

also have great fame in the field of free speech in the modern Western political ideology.

Although he understood the importance of legal limits as a legal expert but he advocated the

concept of absolute freedom. He articulates in his book; “There is no society in which these

liberties are not found, whatever may be its shape of government; and none is totally

219

Cayenne, Encyclopedia Americana, 17:294. 220

Anṣārī, “Liberalism”, 49. 221

Siegel, Classical Liberalism, 57. 222

Muller, An Introduction to Political Ideologies, 37. 223

John Stuart Mill: He was a prominent English active politician, thinker and economist. He was born in 1806

in UK. He got his early education from his father, who was also a well-known Utilitarian scholar. His point of

view was different from his father‟s. He worked as editor in the „London Review‟. He also actively participated

in active British politics from 1865-1881. He is considered a liberal scholar due to his work on liberalism.


liberated”.224

Mill advocates maximum freedom and favors minimum restriction on

individual freedom. He strongly argues in his book, “The only reason for which authority can

be fairly applied to any component of a cultured society, alongside its determination, is to

stop one from damaging others”.225

Another liberal scholar Zachariah Chafee is so fond of

freedom that he defends the right to free speech in the state of emergency. In this regard his

book freedom of expression in war time is an excellent academic work. He articulates,

“We can refuse the controversial extremist view that the Bill of Rights is a

peace time deed and accordingly the freedom of speech may be avoided in war

time. This view should be officially rejected”.226

This tendency shows the absolute right to freedom of expression in Western political thought.

In its foundation the liberal thought agree with the idea to limit the fee speech and other

personal liberties which transgress to damage other rights. But with the passage of time this

trend is going to end and the new trend of absolute free speech is dominating the Western

thought.

3.2.2.1 Mill’s Principles of Freedom of Expression: Another important academic

contribution of John Stuart Mill in the field of freedom of expression is his harm principles.

Although some scholars have reservation on them and also criticize his principles but actually

it is an excellent service to liberty and free speech. Frances Canavan comments on his views;

“Mill paper on Liberty has been rigorously criticized since its appearance in

1859 to the current time. However it consistently be reproduced, is studied by

thousands of readers every year, and is counted to be a classic resource of the

standard liberal position on personal liberty”.227

These principles are called Millian‟s principles of Hate Speech, Mill‟s principles of freedom

of expression or Mill‟s principles of harm to others etc. In the following lines, we shall try to

discuss his harm principles of free speech.

I. Individual Freedom as Sole Principle: The first principle of Mill‟s liberty is the

individual freedom as sole principle. He says; “The only end for which human being is

guaranteed, separately or jointly, is interference with the freedom of action of anyone. The

only reason for which government can fairly practices against any member of an educated

224

John Stuart Mill, On Liberty (Boston: Ticknor and Fields Publishers, 1863), 28. 225

Mill , On Liberty,23. 226

Zachariah Chafee Jr., “Freedom of Speech in Wartime”, Harvard Law Review 32:8(1919): 932-973;

www.jstor.org/stable/1327107. 227

Frances Canavan, “J S Mill on Freedom of Expression”, The Modern Age 23:4(1979):362-369;

https://home.isi.org/journal-issue/fall-1979.


society, beside his determination, is to stop him to harm others interests”.228

It is the most

fundamental principle of Johan Stuart Mil‟s freedom on that ground he make his other

principles of free speech which are called harm principles. David Brink states; “In its

introductory remarks, Johan Stuart Mill differentiates moralistic limitations of freedom from

limits of freedom supported by the harm principle”.229

In this discussion Mill accepts some

limits on freedom of expression when it contradicts to the harm principles otherwise not.

II. Restriction in Case of General Intolerance: Mill does not suggest any kind of restriction

on freedom of speech and individual liberty until it produces intolerance in the society. He

states in On the Liberty as; “It is not, in lawful countries, to be seized, that the government,

whether totally liable to the people or not, will often make effort to control the freedom of

expression, excluding when doing so it creates prejudice against the community”.230

Mill

agrees to minimal restrictions of freedom of speech and other individual liberties. John

Hoffman articulates; “Johan Stuart Mill's status in case of free speech is like libertarian in

that he admits only the minimum limitations on freedom of expression and individual

freedom, and then in arrange to stop harm to others or intolerance”.231

III. Mill views about Censorship on Expression: Mill does not favor very much censorship

in his doctrine of freedom of expression. But he focuses on public and government that they

should speak carefully in any case; “It is the responsibility of rulers, and of persons, to form

the accurate views they can; to make them vigilantly, and never compel them upon others

except they are completely confident of being correct”.232

Mill disfavors the policy of

censorship over individual liberty and freedom of speech; “In our era, from the premier

category of society downward to the lower society, every one survives as underneath the

watch of an aggressive and feared censorship”.233

According to Mill‟s arguments the policy of

censorship has been condemned universally so we should promote the idea of freedom of

expression in our society. He comments in his book;

“An individual‟s flavor is as much his own peculiar apprehension as his views

or his money. It is easy for a person to dream a perfect community which

withdraws the Individual liberty and choice in all unsure issues uninterrupted,

228

Mill, On Liberty,23. 229

David O. Brink, “Millians Principles, Freedom of Expression and Hate Speech”, Legal Theory 7:2(2001)

:119-157 ; DOI: http://dx.doi.org . 230

Mill, On Liberty, 34. 231

Muller, An Introduction to Political Ideologies, 37 . 232

Mill, On Liberty,24 . 233

Ibid, 26.


and only needs them to leave forms of behavior which worldwide experience

has failed”.234

Mill is not ready to ban an opinion due to its falseness because it may cause to protect

the truth. He consistently argues; “It is not necessary that the censored views be a fault, it

may, and usually does, hold a part of truth; and since the common or popular views on any

issue is hardly or never the whole reality”.235

It means Mill is not favoring the censorship and

also does not understand censorship as permanent solution of the issues of falseness and hate

speech. He suggests it to increase the collective awareness and responsibility. Here, again it is

noticed John Stuart Mill does not favor the sanction or censorship on freedom of speech until

it reaches to the harm principles.

VI. Freedom of Speech for Promoting True Beliefs: John Stuart Mill considers freedom of

expression very necessary tool for promoting true beliefs. Mill argues carefully that the

censored opinions which were wrong in past may be true in this age of enlightenment. He

states with responsibility that freedom of expression shall eliminate the fake ideas and falls

belief from our society; He articulates;

“It is not carefulness but weakness to minimize performing on their views, and

permit policies which they sincerely think unsafe to the interests of mankind,

either in this life or hereafter. But the matter of fact is that people banned an

idea which proved truth in the later periods”.236

According to Mill views the freedom of speech should be promoted as a policy to

condemn the fake ideas in the society. David Brink comments; “Freedom of speech might

then be protected as a further consistent policy for supporting the relation of right ideas to

against the fake ideas”.237

According to Mill‟s point of view the irritation and reaction against

opponents of a religion is a good way but we should bear the criticism for freedom of thought

and expression. He argues; “these are the views people amuse with, and the thoughts they

appreciate, regarding those who reject the faith they judge significant, which formulates this

country not a place of intellectual liberty”.238

Mill allows freedom of positive criticism on

religion for the sake of individual liberty and freedom of thought. I think in the beginning it

was only limited criticism but with the passage of time it has increased to hate speech and

religious defamation in the name of freedom of expression and criticism.

234

Mill, On Liberty,34. 235

Ibid,101. 236


Brink, “Millian‟s Principles: Freedom of Expression and Hate Speech”,123. 238

Ibid, 118.


V. Hate Speech and Limits of Freedom of Expression: Johan Stuart Mill‟s opinions

regarding hate speech are very liberal and libertarian. His harm speech and fair speech

principles are very flexible. He agrees to minimal restriction of freedom of expression and

opinion. He expresses his views as about freedom of speech; “Before suspending the issue of

liberty of opinion, it seems better to get some notice of those who say that the liberty of

expression of all views should be allowed, on state that the way be moderate, and do not pass

the limits of fair conversation”.239

Mill does not believe in restriction of freedom of

expression. Categorically it is observed from his discussions and discourses on freedom of

speech and expression he does not favor the limits on freedom. Thus, David Brinks affirms;

“Johan Stuart Mill advocates absolute freedom of expression. He thinks that

restrictions should not be permitted. If we try to compare this absolutism with the

statement that freedom can be limited only if it creates harm, we would have to

summaries that Mill thinks that expression can never be destructive”.240

In his arguments on freedom of expression and thought Johan Stuart Mill considers

them the absolute right of mankind. Charles Canvan affirmed his views; “On the Liberty

Chapter no. 2 is dedicated to the freedom of expression, thought and discussion, and here I

think the argument changes its position. The right to liberty of expression and opinion is

projected as an absolute right”.241

Mills views on liberty are also self-evidence of its

argumentation. Especially his historic statement about freedom of expression and thought is

itself a theory.

“If all the human beings accept one, were of one view, and only that person was

of the different view, the whole human beings would have had no right to silence

that person, if it is, then if he had the ability, would be justified in silencing the

whole human being”.242

These were the most significant and thought provoking views and defense of freedom of

expression and thought from the great liberal thinker Johan Stuart Mill.

3.2.2. Positive and Negative Theory of Freedom in Liberalism: We have expressed

already many times that the liberal scholars are agreed upon the importance and worth of the

core values of freedom and liberty but they differ on the meanings and limits of freedom.

This difference takes towards the theory of positive and negative freedom. According to

John Hoffman views on this issue;

239


Brink, “Millian‟s Principles: Freedom of Expression and Hate Speech”, 127. 241

Canvan ,“J S Mill on Freedom of Expression”,364. 242

Mill, On Liberty,18.


“The liberals‟ scholars agree regarding the worth of freedom, they are not agreed

on what is worth of individual freedom. But they have different opinion on limits

of freedom. In his renowned Book the „Four Essays on Liberty, the most

significant one “Two Concepts of Liberty‟ the British scholar Isaiah Berlin

differentiates between a „negative liberty‟ and a „positive‟ liberty”.243

So whenever we do not discuss the positive and the negative theory of freedom the debate

cannot be concluded. So before summing up discussion on liberalism it seems better to

express Isaiah Berlin theory of positive and negative freedom. Isaiah Berlin really appreciates

freedom very much but raises a fundamental question that freedom from what and freedom

from whom? He argues in the introductory remarks; “To compel a man is to divert him of

liberty, liberty from what? Approximately every moral thinker in the human history has

admired liberty. Like pleasure and integrity, like nature and truth, it is a term whose meaning

is so permeable that there is small explanation that it looks able to oppose”.244

Actually the,

„Two Concepts of liberty‟ is an answer to this indispensable question. He divides the concept

of liberty into two essential types; 1- Positive Freedom, 2-Nagative Freedom.

Here, Isaiah Berlin articulates in this way;

“I recommend studying no more than two of these minds, but they are vital

ones, with an immense deal of known human history behind them, and, I say

with challenge, yet to appear. One is political sense of liberty or negative

freedom and other is freedom from what or positive liberty”.245

The first most significant theory of Berlin‟s liberty is negative concept of freedom or

political freedom. In this response Isaiah Berlin opinion about negative concept of liberty or

political sense of freedom; “I am generally supposed to be liberated to the scale to which no

man or body of men obstructs with my actions. Political freedom in this logic is basically the

region within which a man can perform unrestricted without interference by others”.246

What

is meant by without interference by others or political freedom? He says; “By being liberated

in this logic I stand for being unrestricted without interference by others (society and

institutions)”.247

In other words Isaiah Berlin considers the minimum interference in personal

liberty negative concept of liberty or political freedom. John Hoffman writes articulated;

“This idea of freedom (Political notion of liberty) is „negative‟ in that it is founded upon the

243

Muller, An Introduction to Political Ideologies,37. 244

Isaiah Berlin, Four Essays on Liberty (London: Oxford University Press, 1969), 121. 245

Isaiah Berlin, Two Concepts of Freedom (Oxford: Oxford University Press, 1958), 3. 246

Berlin, Four Essays on Liberty, 122. 247

Berlin, Two Concepts of Freedom,3.


nonexistence of outer limitations or restraints upon the person”.248

We think this concept is

very suitable and has practical importance and appearance in the society. To preserve and

maintain the political liberty he suggested the government to control over the personal liberty.

He articulates in addition;

“Unlimited Liberty in this logic is not, at any price rationally, so it should be

linked with democracy or self-government. Self-government may, on the entire,

give an improved warranty of the protection of individual freedoms than other

system, and has been protected as such by libertarians”.249

It is also a historic fact that Political sense of liberty or negative tendency of freedom

was historically founded in classical liberals. According to John Hoffman opinion; “Classical

liberals have assumed that liberty finds in each individual being left unaccompanied,

liberated from intervention and they capable to perform in whatever means they may

select”.250

But with the passage of time this tendency changed into positive or absolute notion

of freedom. The second most vital question is that what is absolute sense of liberty or positive

freedom? Berlin replied as; “The positive idea of the word freedom takes from the desire on

the element of the person to be his self- owner. I hope my life and choices to depend on my

opinion, not on outside forces of whatsoever sort”.251

He also traced out in his theory that

where this idea of positive freedom came from? Historically this idea was derived from the

dangerous term the independent momentum or self-mastery. Berlin argues about this idea; “I

am my own master'; 'I am slave to no man' (it is not possible) because if I am not slave of any

one then maybe I am salve of the nature and as well as my own uncontrolled obsessions”.252

Basically it is a Platonists and Hegelians philosophical slogan and has no more places in the

practical human life. Modern liberals have also appreciated the positive freedom and

tendency to absolute individual liberty. John Hoffman argues; “Instead of classical, Modern

liberals have been concerned to an extra „Positive‟ notion of freedom (absolute freedom), as

the capability to be one‟s hold self-ownership, to be independent”.253

But as a practical

scholar and thinker Isaiah Berlin does not suggest the positive notion of freedom. Here, He

expressed; “I am the owner of rationale and will; I imagine ends and I wish to chase them;

but I am prohibited from achieving them I no more think I am an owner of this position. I

248


Berlin, Two Concepts of Freedom,7. 250


Berlin, Four Essays on Liberty,123. 252


Muller, An Introduction to Political Ideologies,37.


may be prohibited by the nature or by the Institutions”.254

Therefore, the afterwards scholars

interpret the theory of positive and negative freedom according to their own understanding.

It is also an intersecting point that Berlin considers the positive freedom as a negative

one. He says; “I locate myself in a world in which I get over barriers with my determination.

Those who are committed to the 'Negative Freedom „maybe pardoned if they assume that

self- refutation is not the only way of defeating obstructions”.255

According to Isaiah Berlin,

historical inquiry, although these two notions do not seem much conflicting but their

ideological structure shows that they have been opposite to each in the history up till now. He

justified his concept in this way;

“Both the ideas of liberty (Positive and negative freedom) traditionally

increased in opposite instructions, not forever by rationally sound steps, yet, in

the end, they appeared into straight clash with each other”.256

Different stand point of liberals about freedom of expression and individual liberties

has led towards the unstable situation in the Western society. According to John Hoffman‟s

reservations; “These adverse ideas of freedom have not purely moved intellectual discussion

within liberalism, but have guided liberals to grasp very diverse observation about the

attractive connection between the person and the authority”.257

The scholars count it as a

failure of liberalism because the liberalism could achieve the goal which it decided in the

beginning. Therefore, the study shows and the scholars comment that liberal thought is facing

many challenges and crises in the contemporary age.

3.2.3. The Postmodern or Radical Western Approach: The third approach and

trend in the West regarding freedom of expression is the postmodern or radical approach. It is

a very dangerous approach towards freedom of expression. It is a serious threat to civil

liberties and freedom of expression in the contemporary age. Before we present the

postmodern views and its impact on freedom of expression, it deems better to introduce the

postmodernism thought briefly. Postmodern thought took birth from the radical tendency of

liberalism or modern liberal thought. Literally post modernity means after modernity or

condition and situation after modernity, while modernity means an era of enlightenment or

progressive development of industrialization of the Western world. Therefore, the Webster

Encyclopedic Dictionary of English language and literature defines the post modernity as;

254

Berlin, Four Essays on Liberty,125. 255



Berlin, Two Concepts of Freedom,36.


“Modernity means; pertaining to any of several trends or movements in the

arts or literature rejecting or reacting to modernism especially in reference to

the architecture of the late 20th

century which is considered the standard

architecture of modern era”.258

It is an interesting truth that the postmodernism is a revolt and reaction against modernity.

The Advance Oxford Dictionary identifies the postmodernism as; “A style and movement in

art, architecture and literature etc., in the late 20th

century that reacts against modern styles or

modernity, for example mixing modern and traditional styles, or react strictly against modern

style”.259

The definition and tenets of postmodernism tell us that post modernity or

postmodernism basically a reaction or revolt against modern values of the West.

The second most influential voice in postmodern thought is of a French scholar and

philosopher Michal Foucault. He focuses on a relative concept of knowledge and truth

(Relativism)260

. He considers that we cannot understand truth as an absolute reality. There is

no presence of absolute and abstract reality. It is our mental perception. Therefore, a scholar

Mir Chandānī expresses his views about truth and knowledge as;

“He discards the proposal of knowledge and reality and language as neutrality,

and as an alternative illustrates that knowledge is forever associated to authority:

modern discussions that observe knowledge, conversation on sexuality, madness,

criminality, and so on, legalize and manage our experiences”.261

Foucault does hesitate to express sexual and vulgar discussion in academic debates. He is the

advocate of absolute freedom of speech on any cast. Dr. „Ārifa affirms his thought likewise;

“Michal Foucault in the advocacy of freedom of expression, thought and

action is ready to eat every poisonous tablet. He is the opponent of society,

family and any other authority and regulation in the way of human freedom.

Even he allows homosexuality (Gay) and sexuality (illegal sexual discourses)

to the Maḥram (Permanently Forbidden)”.262

When we investigate the history of the idea of post modernity or postmodernism, it is not

very ancient theory but counted as very fresh and new phenomenon in the late 20th

century of

the Western history. According to Webster Roger observation; “The last two decades of 20th

century, especially, 1970s and 1980s are calculated as the growth of postmodern trends in

258

Webster, Webster‟s Encyclopedic Dictionary of English Language, 1123. 259

Hornby, Oxford Advance English Dictionary,905. 260

Relativism: It is a postmodern theory and it means there is no actual presence of truth and reality. 261

Sharīf al-Karīm ,“Postmodernism: Problems and Issues”, Asian Journal of Social Sciences and Humanities

2:2(2013):173-181; http://www.ajssh.leena-luna.co.jp/ajsshvol2n2.php. 262

Ārifah, Tehdhīb kay Uss Pār,93.


prose, poetry, painting and construction. A powerful response to ultramodern fashion of

formalism and transparency is observed in the craze of postmodern architecture”.263

Post modernity perhaps represents the new trends of the late 20th

century in culture,

politics, architecture and literature because according to some Western scholars the concepts

of modernity have no more validity and appreciation. According to Mr. Sharīf al-Karīm;

“This thought is invented in the sociopolitical judgments because various social scientists

began to think that we have started to shift towards a latest and strange sort of community

where the notions of modernity are puzzling and confusing”.264

A French scholar, sociologist

and thinker Jean Francois Lyotard (1924-1998)265

is counted as the founder of the

contemporary trend of postmodernism. According to Sutra Sim scholarly observation;

“Jean-Francois Lyotard is considered as the founder figure of Postmodernism

and his book „The Postmodern Condition: A Report on Knowledge (1979)‟

(Theory and history of literature Vol.10) is extensively counted as the most

influential academic work on postmodernism”.266

According to leading scholars there are two key principles and features of postmodernism.

The first principle is invalidity of modern values and principles. Ziāu‟ddīn Sardār argues;

“The first principle in postmodernism is that all that is legal in modernity is totally unsound

and outdated in postmodern period”.267

The second most vital standard of post modernity is

refutation of reality. Sardār more writes; “The second postmodern principle is rejection of

truth”.268

It is very dangerous tendency and continuous threat to the West and Western liberal

values. This trend appears from the failure of liberalism at the end of 20th

century and now

rapidly growing especially in the Western countries and commonly all over the world. The

postmodern thought considers it a radical phenomenon in the Western societies. We think

radicalism is the third feature of post modernity. According to Johan Gibbon‟s statement;

“Post modernity clarifies current conduct and manners and presents a new radically set of

practices, experiences and life for its people”.269

Thus, it can be easily understood from the

above discussion that post modernity is not only a theory but an act and practice as well.

263

Webster Roger, Studying Literary Theory; An Introduction (London: Arnold, 1996),124. 264

Karīm, “Postmodernism; Problems and Issues”, 174. 265

Jean Francois Lyotard; He was a French philosopher, sociologist and theorist. He was born in august 1924

in Versailles, France. He is regarded as a leading scholar and founder of contemporary theory postmodernism.

His work titled a history of literary theory; especially postmodern condition is counted as powerful academic

expression of postmodern ideology. He did his PhD from Perris in 1970 and thought as professor emeritus of

philosophy in different leading universities of the western World. 266

Stuart Sim, The Rutledge Companion to Postmodernism (London: Rutledge Publishers, 2001),.3. 267

Ziā al-Dīn Sardār, Postmodernism and the Other (London: Pluto Press, 1998),8. 268

Sardār, Postmodernism and the Other,9. 269

John Gibbons, Contemporary Political Culture: Politics in Postmodern Age (London: SAGE, 1989),14.


Moreover, Post modernity promotes multiculturalism and rejects centralization. It

means decentralization is its fourth feature. Georg Yudice articulates; “By representing that

the marginal compose the state of prospect of all social, scientific and cultural units”.270

Post

modernity has no love to the past and history. So it rejects Metanarrative271

. An Indian

research scholar Pojā Mandal states; “One of the most unique features of the post modernity

is the loss of rational and social unity in favor of cultural and social reforms. So in this sense

it is totally a rejection of Metanarratives”.272

The sixth characteristics of the post modernity

are freedom and moral values. Georg Yudice states; “A new morals of marginality has

appeared that is essentially decentered and plural and that forms the foundations of new

Nietzschean liberty from moral sanctions”.273

These are some most vital and key features of

the post modernity. The postmodernism actively changes and reshapes the Western societies

according to the shifting future requirements. According to Ziā al-Dīn Sardār views on

Postmodernity, “About three decades later, the convict Postmodernity has turned into a vital

term of contemporary age. It states our opinions and politics, outlines our art and architecture,

encloses much of the entertainment industry and is vigorously determining our future”.274

His

statement clearly tells in beginning it was just a theory but now it has been molded into a

practical shape and is defining every issue which is related to our life.

In the contemporary Western societies it has become a powerful trend to break the

collective and individual values as reaction. This trend is creating law and order situation in

the West. The postmodern Western scholars actually are confused and have no way out to

tackle the modern evils. An eminent Western scholar Heidegger admits; “The Western

civilization has practically become insolvent and that drastic evaluation of values is

required”.275

Syed Mawdūdī point outs the evils of Western civilization in very beginning;

“In short, the evil seed which was sowed in the age of Western Renaissance

now became a young tree of the dominant civilization after the development of

centuries. It has sweet fruits but poisoned, it has beautiful flowers but

malodorous, its branches seem spring but thorns. Its result is making the

human being evil from insides”.276

270

Georg Yudice, Morality and the Ethics of Survival (Edinburg: University Press, 1988),113. 271

Metanarrative: It is a postmodern description about narratives of chronological meaning, understanding or

information, which recommends social legitimation through the expected end of an idea. 272

http://www.yourarticlelibrary.com/sociology/major-features-of-postmodernity/Accessed:28/10/2015. 273

Georg ,Morality and Ethics of Survival: The Politics of Postmodernism,114. 274

Sardār, Postmodernism and the Other,7. 275

David Roberts, Existentialism and Religious Beliefs (New York: Oxford University Press, 1959),149. 276

Mawdūdī, Tanqīhāt; Mashriq-o-Maghrb kī Tahdhībī Kashmaksh, 28.

http://www.yourarticlelibrary.com/sociology/major-features-of-postmodernity/Accessed


Furthermore, Post modernity rapidly affecting the Western societies and parameters

of the liberal capitalist society are going to be changed. David Harry argues; “More than the

last two decades, the post modernity has to turn into a notion fought with and such a field of

contradictory views and political powers that it can be no moreover looked”.277

Due to this

conflict between Post modernity and liberal values, the Western societies are undergoing the

deep alterations. The most affected aspect in this clash is individual liberty and human rights.

The Post modernity completely changes the concept of human rights and civil liberties in the

contemporary Western world. The most affected liberty in the postmodern thought is the

freedom of speech. The postmodern approach does not make difference between free speech

and hate speech. They demand absolute freedom out of legal and moral limitations. They are

the supporter of absolute freedom of expression and reject any kind of moral, social or even

legal limits and restrains over freedom of expression. This behavior becomes a big challenge

towards Western countries specially and in general for all of humanity. They feel and think

liberty as a tool of absolute enjoyment of life without any limits. Johan Hoffman observers;

“Postmodernists look liberty as an unlimited value, considering it to be

incompatible with any form of political power. Liberty is recognized as the

success of individual independence, not only being „left alone‟ but being

logically self-desired and sovereign”.278

They consider it secular democratic right. Their understanding towards defamation

laws creates a threat on freedom of speech in the West. Insult of religion and religious

personalities is their beloved business. Augusto Zimmermann argues; “Although religious

vilification laws aim to build up a more broadminded and plural society but their postmodern

underpinnings eventually corrode freedom of expression, a fundamental principle of every

really democratic society”.279

Although post modernity advocate decentralization and

multiculturalism but actually religious and social intolerance in the Western society due to

postmodern venture is increasing day by day. Frank Furedi says, “The previous link between

lenience and verdict has been misplaced due to our cultural fascination with being non-

tolerant”.280

Therefore, this heinous attitude towards free speech for religious groups and

especially for Muslims creates a permanent situation of clash and chaos in the contemporary

Western society, which is unfit for a humble and tolerant society.

277

David Harry, The Condition of Post modernity (Cambridge: Blackwell Publishers, 1990), 39. 278

Muller, An Introduction to Political Ideologies, 38. 279

Augusto Zimmermann, “The Postmodern Understandings to Vilification Laws”, The Western Australian

Jurist 4(2013):85-115;http://www.murdoch.edu.au/The-Western-Australian-Jurist//Vol-4-2013. 280

Frank Furedi, On Tolerance (New York: Continuum International Publication, 2011), 31.


3.3. Comparison of Islamic and Western Approaches on Freedom:

During the comparison on account of Muslim and Western approaches and trends for

freedom of speech and expression the study finds a lot of differences between Islamic and the

Western point of views. This fundamental difference in approaches and trends basically

depends upon the Islamic and Western world views, which are entirely different to each

other. The majority of Western scholars advocate maximum freedom of speech on the basis

of fundamental human rights but some Western scholars also recommend some limits and

sanction on freedom of expression, the valuable voice of them are Edmund Burke, David H.

Bialy and Erich Fromm etc. It also a fact that the concept of human rights and liberties has

been changes rapidly in the Western context. According to Dr. „Alī al-Marzuī observation;

“Homosexuality between males was a crime in UK till 1960s. Currently such actions

between accepting adults, boys or girls, are lawful in many of the Western world,

although they remain illegal in most other countries. Actually, half of the Western

world says that laws against homosexuality are a violation of gay‟s rights”.281

It is a very important perception of Muslims that the West does not accept the validity of

Muslim faith. They do not respect Muslim faith and norms, Muslims face difficulties in the

contemporary West. Do Muslims want to improve Muslim-West relations? A reasonable

number of Western scholars including John L Esposito understand that “The most frequent

responses to this open ended question are: 1-Demonstrate more respect ,2-More

consideration, do not underestimate the status of Arab/ Muslim countries, 3-Demonstrate

more understanding of Islam as a religion and do not downgrade what Islam stands for”.282

These demands show the existence of Western discrimination and injustice with Islam

and Muslims. As well as, Muslims do not avoid or reject rights and freedoms, but it is a big

dilemma that Islamic and Western concepts about liberties and rights are entirely different.

Their liberties have no boundaries but for Muslims restrictions are there in accordance to the

Holy Quran and Sunnah of the Allah‟s Messenger. Therefore, it is observed during study that

both the thoughts contradict each other on many issues. In other words Islam appears as a

direct threat to the Western civilization, values and culture. So, Western leaders fears from it

and try to overcome this threat through any ways.

There were three possible approaches in Islamic and Western perspective for freedom

of expression which we have elaborated in detailed in the beginning of the chapter. The first

approach in Islamic and Western perspectives regarding free speech is conservative or

281

Ail Marzûī, “Islamic and Western Values”, Foreign Affairs76:5 (1997):118-132;

https://www.foreignaffairs.com/articles/1997-09-01/islamic-and-western-values. 282

Johan L Esposito and Dalia Moghed, Who Speaks for Islam?( New York: Gallop Press,2007),61.


traditional approach. The most important similarity in these two approaches is that both were

a reaction of liberalism and modernity. The second most important similarity between them

was the protection of values and collectiveness of the society. Therefore, Bāsit Bilāl Koshul

observes that “The Traditional Approach was founded on the traditions of conservative

Islamic scholars, and was distinguished by a total refusal to interrelate with the contemporary

West”.283

It was the intellectual response to liberalism from Western sociopolitical spheres.

Encyclopedia Americana also tells us this discourse; “The earliest formulation of theoretical

conservatism arose in response to the philosophy of the Enlightenment”.284

The dissimilarity

between both the approaches is that the Islamic traditional approach is not political but the

Western conservatism is a political ideology. Another important dissimilarity is that Islamic

traditionalist approach has no clear view point regarding freedom of speech and individual

liberties but the Western conservatism has limited view point about freedom of expression

and Speech.

The second approach in Islamic and Western context regarding freedom of speech

and other liberties is liberal or revivalist approach. There is much dissimilarity between these

two approaches in Islamic and Western perspective but the most significant similarity of both

is to adopt the middle way between two extremes. Actually, it is the central, most rational and

friendly approach with Islamic behavior which runs between two extreme. Up till now the

liberal and revivalist approaches in Islamic and Western societies are noted as the most

appropriate responses. The second important similarity between Islamic revivalist and

Western liberal approach is that both allow and permit fundamental rights and liberties. Some

scholars claim that the liberal values are the sole property of the West. Islam also permits

these liberal values (Civil Rights, Freedoms and Liberties) since its foundation. Islam and the

West are agreed upon these fundamental values and liberties but the basic dissimilarity

between both the thoughts is their limits, legal and moral restraints. The majority of Muslim

scholars consider the freedom of expression as fundamental human right but within legal and

moral limits. The Western scholars advocate the absolute and limitless freedom of expression

for human intellectual growth and development. The leading Western thinker JS Mill

advocates maximum freedom of speech and opposes censorship on human rights by

government in any case and situation.

The other important conflict in Islamic and Western approach regarding freedom of

speech is its basic principles. Islamic principles based on revelation and moral values but

Western principles on human rationale and experience. It is also an interesting issue that up

283

Koshul, “The Verities of Muslim Response-1”,65. 284

Cayenne, The Encyclopedia Americana, 7:638.


till now the West could not succeed to provide absolute freedom of expression anywhere.

Liberalism chose this mission for the success of humanity and now it has failed to achieve

this target, so it is, though an illogical and as well failure of liberalism. Dr. „Arīfa argues;

“The basic target of modernity and liberalism was to make the human beings free

to achieve maximum liberties. The thinkers used logic, rationale and human

experience for this purpose. But the critics of liberalism and modernity claim that

the basic objective of modernity can be achieved because the man after freedom

of one‟s slavery (fear) becomes victim of slavery (Human Institutions)”.285

We think, freedom and liberty (including freedom of speech, thought) is most significant

human requirement and a key feature of Islamic and Western thought but it is necessary to

make it beneficial for humankind by putting some moral and legal restraints on it.

The third approach in Western and as well in Islamic perspective is Modernist and

Postmodern approaches. One thing that is similar in modernist and postmodern approach is

that both are the consequences of modernity but their reaction was very different to each

other. Modernist Islamic approach wants reconciliation with Western modernity and the

postmodern approach want conflict and contradiction with modernity. It is said liberal Islam

and liberal West are totally compatible. A liberal Muslim argues; “I identify liberal Islamic

society as a place in which society is set free to work according to its own system. I do not

say its particular principles because this is trick common to conservatives”.286

The

postmodern approach is total difference with modernity but sometimes shoes its arrogant

reaction to modern values, norms and ethics. Therefore it is sated that the Postmodernism is

totally a different contemporary movement. As well as, “The followers of post modernity

believe that all things may have two senses at the same time and these senses are not

opposing; rather they are vital parts of truth”.287

Basically it is shift of paradigm from values

to devalue in Western and Muslim societies. Therefore Muslim scholars observe that the

clear example of it is that the family system and institute of marriage has lost its important.

So, in the contemporary age, a young boy of the West prefers illegal sexual intercourse to

marriage. It is not drastic but gradual change of values.

Another important issue is that the postmodern thought is coming with destruction

and anarchism of everything in the West. In other words it is a serious threat to Western

world. The Postmodern feminists openly speak that, “We desire to demolish three stakes of

285

Ārifah, Tehdhīb Kay Uss Pār, 18. 286

„Abdullah Lārûī, “Western Orientalism and Liberal Islam” , Middle East and South Asian Bulletin

31:1(1997) :3-12 ;www.jstor.org/stable/23062215. 287

Karīm, “Postmodernism: Issues and Problems”, 176.


class and cast society; the family, the property and the state”.288

It is also perceived that “The

contemporary Western world bases on philosophical doctrine, political organization and

social composition on the values of liberal democracy and maximum civil liberties. These

were traditionally fixed in Greece and evolved by peoples persuaded basically by Judeo-

Christian morals”.289

Basically these are the foundational sources and secular features of the

Western thought and civilization. Contrary to this the Islamic thought and civilization has

divine features and its primary sources the Quran and Ḥadīth are directly revealed from

Almighty Allah. In Accordance to this basic difference, the world view of Islamic world is

different from the modern Western world. Consequently, the majority of Western scholars

like and propagate the freelance concept of freedom of expression, although practically it is

not possible. Therefore, Proceedings of an international conference on free speech consider it;

“Freedom of speech looks to be an appreciated model however dynamics of

liberty are continuously varying because of the geopolitical power system and

now it becomes the clash of passions”.290

From above discussion, it is evidently observed, the Islamic and Western thoughts

represent different worldviews thus; they adopt and use different approaches to solve every

socio-political and ethical issues of the human being. Accordingly, the solution and result of

both thoughts differ to each other and most of time contradicts to each other. Unremarkably,

there are many reasonable distinctions are located in the Islamic thought which differs it from

the Western concept of thinking and practicing. One of the most vital themes is freedom of

expression and speech. Here, it is also observed during study that freedom of expression is

not only a themes or term but an imperative value in Western thought and Islam also like

and promotes it but in a different way.

The most important difference of the Islamic freedom from the Western freedom is

that, it is responsible and limited one. Of course, it is a big quest of the modern day,

especially in Western perspective; either freedom of expression can be restricted through law

or moral values to prevent sedition and conflict with other socio-religious values or it should

leave free for everyone at all. Here, in some extent, the Islamic freedom of speech is very

sensitive and demands responsibility because it is granted by Almighty Allah instead of any

court, parliament or constitution. Hence, Islam does not allow hurting anyone under the

shadow of freedom of criticism, expression and speech. Although, Islam accepts free speech

as a fundamental right and liberty of people but does not allow anyone to spread mischievous

288

Barbra Crow, Radical Feminism; A Documentary Reader (USA: New York University Press, 2000), 492. 289

Cox, Islam, West and Islamism are Ideologically Compatible?, 2. 290

www.gmeconference.com/freedomofexpression;glocal politics of emotions/ Accessed:5/11/2015.

http://www.gmeconference.com/freedom


gossip under the cover of freedom of speech and expression. So for that purpose Islam puts

some legal and ethical restraints and limits up on it for the sake of societal peace and

prosperity. Here, a leading Islamic scholar Dr. Fathī Osmān views seems better to share;

“Any speech and expression cannot by any way persuade a digression from

Islamic values or a perpetration of what is forbidden. A discussion which may

happen about the faiths and the laws of Islam must observe neutrality and

avoid illegal offense, confrontation and provocation”.291

The other most vital difference of Islamic freedom of expression is that it keeps

balance between liberties and responsibilities, while the Western freedom of speech mostly

leaves balance between freedoms and responsibilities. As well as, it is a notable point that

Islam does not totally ban freedom of expression but sometimes limits it for some important

socio-political objectives and benefits. Here, we should not forget this fact that Islam does not

want to put complete restriction on freedom of expression any time, even in e sedition and

anarchy, but Islam has given some principles and limits for the freedom of expression.

Therefore, Islamic approach to freedom of expression differ it from Western approach of

freedom due to its responsibility and objectivity. Hence, a renowned modernist Islamic

scholar Prof. Dr. Afzalur-Reḥmān rightly observes;


moral restrictions but in Islam there is another concept of freedom and West is

not aware of this. It is an objective right from Allah with some restrictions and

responsibilities”. 292

As well as, the objectives of the Islamic freedom of expression and speech are

different one from the Western objectives. One of them has to construct the society not

destruct it or for not just the sake of human entertainment and liberty. Therefore, it is

perceived that according to Islamic teachings, freedom of expression is an important duty as

well as a fundamental human right for construction of the society not for the destruction and

human entertainment only. While contrary to this, the Western thought considers philosophy

of civil liberties and rights as human entertainment and abstract right, the majority of Western

scholars allow everything to express and illustrate in the name of freedom of expression and

speech. Even most of them advocate the freedom of pornography and obscenity and demand

its rights openly as human entertainment. Most interesting thing is that according to Islamic

scholars it is craziness, radicalism and abuse to humanity in the name of freedom of

291

http://topbooklibrary.com/download/Freedom+Of+Expression/Accessed; 25/1/2017. 292

Afzal-ur-Reḥmān, Shakhṣī Āzādī (Personal Liberty) (Lahore: Feroze Sons, 1993), 60.


expression but the Western thought considers it as a right of entertainment for human being.

It is also observed from Muslim scholarly views that Islam grants the right to free speech for

transmission of goodness not for evil and this concept of freedom of expression is better than

that of the West and also differs from the western concept of freedom of expression.

At the end of this discussion it is concluded that the Islamic principles provide

boundaries and limitations of freedom of expression but the West wants to keep it an absolute

right and liberty which is not bearable. Moreover, Islamic freedom of speech and expression

are responsible but the Western freedom of speech is freelance and sometime it becomes a

right to abuse. Therefore, Muslim scholars noticed that “The freedom in Islam is like

allowance of movement to a horse tied with a rope. It is like an authority which implies

responsibility and accountability and provides the justification for the Day of Judgment (but

the West is empty from this feature)”.293

We should not forget that although the words and

terms look like same in Islamic and Western concept of freedom of expression but actually

the Islamic approached towards freedom of speech is ultimately different from the Western

approaches. Keeping in view, Islam cares the individual rights and liberties but it is most

carful about the collective norms and values of the society and tries to keep a balance

between liberties and responsibilities. On the behalf of this study I would like to say, it is not

more than a leashed propaganda against Islam that it bans the rights and liberties and it

opposes dignity and freedom of a person. While the fact is that Islam does not ban the

freedoms and rights but make balance between rights and duties, liberties and responsibilities

As well as, at the same time, Islam cannot overlook a fact accepted by modern legislation,

namely in some cases freedom of expression may be limited provisionally or partially to

retain other human rights, public goods and national interests. Therefore, in most of the

Islamic countries legislations, even in this modern era, freedom of speech is bounded with

social and moral values and public interests.

Moreover, if we read and analyze the modern philosophy of civil liberties and rights,

the majority of Western scholars allow everything to express and speech in the name of

freedom of expression and speech. Even most of them advocate the freedom of pornography

and demand its rights. Most interesting issue is that according to the Islamic scholars it is

craziness, radicalism and abuse to humanity in the name of freedom. The modern Western

science and social sciences has become a source of terror for human beings in this world. A

Western scholar CG Jung argues, “Modern Science (As well Western Social Science) has

destroyed even the refuge of inner life, what was once a protecting heaven has converted into

293

Madnī, Freedom and Its Concept in Islam, 117.


consign of fear”.294

The secular science without supervision of revelation makes it a trouble

for human beings. As it is observed from the Muslim scholarship and many studies are the

eye witness of this reality. The actual evil of the humanity is separation of the East from the

West, separation of knowledge from religion, the separation of objectives and output of

technology. This separation creates troubles for our society. Accordingly, in the East, faith

increases and in the West secular science develops. In this perspective „Allāmah Iqbāl‟s

reservation towards the destruction of the Western civilization is a well considerable

document. His poetry made it clear in very beginning;

“Your civilization will commit suicide with its own dagger

Because a nest built on a slender bough cannot last”295

Muslim scholars feel that Muslim societies also destruct from modern secular Western

thought but Muslims destruction is different from the West but cure for both is same. The

situation of Muslim nations is very different from the Western nation, the evils and their

causes are different but the remedy of both diseases will be same. Ultimately, the cure is to

return to the divine Wisdom and the Guidance, which is revealed from Almighty Allah in the

shape His Book and the Sunnah of His kind Prophet ملسو هيلع هللا ىلص.

The contemporary destruction of Western ethics and civilization is telling that this

civilization and its fake lamination is not a cure of the sorrows of the humankind. So we shall

have to re-consult the Holy Quran for our sorrows and difficulties. So, the Quran suggest the

solution of the contemporary issues of the Muslim and Western world;

“But whosoever turns away from My Message, verily for him is a life

narrowed down, and We shall raise him up blind on the Day of Judgment”.296

Therefore, it is clearly said that the salvation of the human race is in return to Almighty

Allah. Otherwise a clears loss is waiting ahead. We should not forget it that helps from

Almighty Allah gives a kind of cure to human being. Now it has become very clear that the

modern Western civilization is rapidly damaging the human beings due to its steps against

nature and human soul. The sedition and temptation of the Western civilization is increasing

day by day and the present world has become a place of distortion.

294

Carl Gustavo Jung, Modern Man in the Search of Soul, (London: Rutledge, 2001), 236. 295

Iqbal, Kullīyyāt-e-Iqbāl ,471. 296

SūrahṬāhā 20:124.


“And fear tumult or oppression, which affected not in particular (only) those

of you who do wrong: and know that Allah is strict in punishment”.297

As well as, many Ᾱḥādīth of the Prophet ملسو هيلع هللا ىلص make us aware of these afflictions. The

Prophet of Allah ملسو هيلع هللا ىلص said about fitnās (seditions) which will accrue near to the Last Day

(Qīyāmah), “There will be sufferings the sitting person will be safer than the standing one,

and the standing one will be safer than the walking one, and the walking person will be better

than the running one. And whoever will see those suffer, they will pass by him, and whoever

will get a protection, should take shelter in it”.298

This is a horrific situation for all humanity,

not specifically for Muslims. In this terrible situation the message from Allah is very clear to

the humanity. The Lord of the universe, Allah guides us towards this issue likewise;

“O believers, Give your response to Allah and His Messenger, when He

calleth you to that which will give you life; and know that Allah cometh in

between a man and his heart”.299

Categorically, this is the call of faith and salvation from Almighty Allah, the Lord, the

Master, and the Creator of this universe, not from a philosopher or thinker. Muslim scholars

understand it means come to the life which is a success and it is faith because a man is like

dead without belief”. Moreover, it is the Nobel Quran which provides salvation in bounties of

both the worlds. Therefore, we need to return to Almighty Allah, because there is no savior

except Allah. The Nobel teachings of Quran and Ᾱhādīth of the Prophet ملسو هيلع هللا ىلص guide towards

complete salivation. So, Allah speaks clearly, “For without doubt in the remembrance of

Allah do hearts find satisfaction (al-Ra„d)”. This aspect gives humanity to cure and right clue

about their curies and weaknesses. Humanity only gets its cure for his illness and curies from

divine instructions of Allah, the supreme Lord of this universe. Here, we must rethink about

an important Islamic voice from heart of the Western world;

“Submission to Allah is the only noble human approach of the unclear

ridiculousness of life, a way out without riot, desolation nihilism and suicide.

It is a daring sentiment not of a hero, but of a common man who has

completed his duty and received his destiny”.300

297

Sūrah al-Anfāl 8:25. 298



„Ālījah Izetbegovic, Islam between East and Wes (Kuala Lumpur: Islamic Book Trust, 2010), 301.


Obviously, to overcome these controversial and heinous issues of the contemporary

era we have to return to the revealed guidance and instructions of Allah and His blessed

Messengers because the artificial and man-made treatments will make it the worse and more

complicated. Therefore, the humanity is going to destruction day by day due to man-made

cures and solutions because the issues are so many controversial and cures are limited.

Although, the modern civilization and science has become more powerful and established

physically but morally and spiritually their spirit is injured and they are full of sadness and

worries. The modern man is wondering in search of happiness and peace but peace is

available nay where. It is also an open fact that the modern instruments give man many

facilities and ease but they they create many problems for him to achieve real happiness and

peace. It can be observed a man have every kind of luxury and glimmer of worldly things but

he is mentally sick and many sorrows are part of his life. Contrary to this a poor man who has

strongly believed in Allah he is happier. Therefore, the revealed mean divine ethics and

teachings are cure of their all evils and illusions.

Chapter no.4 Impacts of Islamic and Western

Freedom of Expression on Socio-religious Norms

230 Chapter no.4: Impacts of Islamic and Western Freedom of Expression

Impacts of Islamic and Western

Freedom of Expression on Socio-religious Norms

It is scholarly perception that thoughts and civilizations are like seeds and flowers.

We can say that as a seed and flower have a special kind of smell and taste, the civilizations

and thoughts also have special kinds of impacts and influences. Thus, a famous proverb goes

to this, “As you sow, so shall you reap”. It depends upon the kind and genes of seed and

flower what they produce. As well as, the ideas work like a source of construction and

destruction. Every act depends upon theory and idea. Similarly Islamic and Western thoughts

have lot of contribution to make and establish the humanity but both thoughts have entirely

different approaches and impacts on human being. According to the scholars observation the

core difference between both thoughts is due to their revealed and non-revealed foundations.

Islamic thought has legacy of revealed ethics and the Western thought is proud of its secular

and liberal approach. Moreover, the Ideas have their special participation in construction and

destruction of humanity. Therefore, the Book of Allah the Nobel Quran speaks;

“Mischief has appeared on land and sea because of the hands of men has

earned, that may give them a taste of some of their deeds”.1

Imām Jalāl al-Dīn Saūṭī narrates a statement of Ḥaḍrat Hassan (RA) in his well-known

Tafsīr under this verse; “Allah dishevels the fields and seas due to human sins and crimes in

this world”.2 Ḥāfiẓ Ibn Kathīr interprets this verse in Tafsīr Ibn Kathīr; “It means the

domination of false and wrong ideas in this world in opposition to Allah‟s Sharī„ah”.3 So, it is

a fact that in the contemporary era, the wrong Western human ideas are dominant in this

world due to our negligence and mistakes. Muslim societies are empty from the spirit of

Islamic ideology and true behavior. The ethical and academic decline of Islamic world is not

a one day or night story but it is spread over the centuries of negligence and blunders. So,

nowadays, truth is a follower of the wrong. Therefore, Allah warns in the Honored Quran;

“If the Truth had been in accord with their desires, truly the heavens and the

earth, and all beings therein would have been in confusion and corruption”.4

The kind Prophet Hadrat Muhammad ملسو هيلع هللا ىلص also said in his pious statement;

1Sūrah al-Rūm 30:41.

2Sayūtī, Imām Jalāl al-Dīn, Tafsīr al-Durr al-Manthūr (Beirut: Dār al-Fikr, 1993), 6:497.

3„Emāmd al-Dīn, Tafsīr Ibn Kathīr,3:148.

4Sūrah al-Mu‟minūn 23:71.


“It is among the signs of the final day that truth would be taken away,

unawareness would spread in the world, infidelity would become frequent, wine

would be smashed, the number of men will decrease and the population of women

will increase that there would be a man to become owner of fifty women”.5

Due to the same reasons, we find a kind of chaos and disintegration in this world due to

spread of false ideas and fake ideologies. The Western world is suffering more than the

Islamic world. Therefore, a Western scholar writes,” In the human history, there were times

came when human beings were hunted by skepticism, which caused failure, in the modern era

this negativity is increasing”.6 Thus skepticism and controversy was due to spread of fake and

false ideas in the name of truth.

We should not forget this fact that the Islamic and Western civilizations have their

long-term impacts on the human beings. These two thoughts (Islam and the West) are taken

as the most powerful and influential thoughts of the human history, but their impacts and

influences on human society are different due to their fundamental differences. Islamic

thought has legacy of revelation and divine morals and the other one is the claimant of human

rational and secular experience. It means one consists on materialistic approach and other

has divine approach. Definitely, both thought have excellent contribution to the human

history according to their behavior and role, but, both have been opponent to each other in the

ideological battlefield of civilization. According to a contemporary Islamic scholar Sheykh

Ḥāmid Kamāl al-Dīn, “The divine fact (Islamic thought) and the materialistic fact (Western

thought) are in mutual confrontation in civilization and ideological battlefield throughout the

history”.7 This clash is not at national or country level, but it is ideological clash and every

group wants to score its victory and domination. Hence, we can say it is a cold war of ideas

with new names, based upon divine and materialistic foundations and approaches. Islam is

not only a religion but it has qualities of thought and civilization, therefore its impact is

different from other thoughts and civilizations. According to Syed Husain Naṣar comments;

“Islam is a faith and a civilization both, a historic truth that crosses over 1400

years of human history and a physical presence in huge areas enlarging over

the Asian African continents and even reasonable parts of the Western world.

It is al well as a spiritual and metaphysical realism that has changed the

internal and external life of various human beings in very diverse temporal”.8

5Ṣaḥīḥ Muslim, Ḥadīth no.6957.

6Bandito Croce, Politics and Morals (New York: Philosophical Library Publications, 1945), 103.

7Kamāl al-Dīn, Ḥāmid, “Maghrib kay Sāth Naẓrīyyātī Kashmaksh”, Monthly Īqāz 4(2010):163-182.

8Naṣar, Syed Hossein, Islam, Religion, History and Civilization (UK: Harper Publishers,2009),VII.


In the following chapter I will try to elaborate and analyze the most important impacts of

Islamic and Western freedom on the both societies.

4.1. Impacts of Islamic Freedom of Expression on Human Society:

Islam is the blessing of Allah and has many imperative political, social, moral and

intellectual impacts on human society of the East and the West since its advent. Due to

prophesy of the Prophet ملسو هيلع هللا ىلص, people were able to know the Divine Ethics, Devine Rights,

Human rights, fundamental freedoms and responsibilities. Allah expresses it in the Quran;

“Allah did confer a great favor on the believers when He sent among them a

messenger from among themselves, rehearsing unto them the Signs of Allah,

sanctifying them, and instructing them in Scripture and Wisdom”.9

Imām Qurṭabī has written in the interpretation of this verse of the Quran; “It is great reward

of the Almighty towards humanity that He (Allah) sent Prophet from the human being. The

Quran and Sunnah are the tools to refine and transform humanity. The humankind was in a

kind of ignorance (Jahāla) and had no salvation before it”.10

The Prophet-hood of the Prophet

Muhammad ملسو هيلع هللا ىلص is complete mercy of Almighty Allah to the human kind. His mercy is not

limited to only for Muslims but his mercy is universal. Allah proclaims it as; “We sent thee

not, but as a Mercy for all creatures” (al-Anbiyā‟ 21:107). So for this key characteristic of

the Prophet of Islam ملسو هيلع هللا ىلص influenced the humanity very much as any other religion, thought,

system and personality. Even the critical thinkers and non-Muslim scholars as well compel to

pay tribute to the Prophet ملسو هيلع هللا ىلص in the human history. A renowned Western scholar Michel

Hart confesses his dignity;

“My selection of Muhammad to front the list of the world's most high-ranking

persons may astonish some readers and may be queried by others, but he was

the only man in the human history that was extremely victorious on both the

religious and sociopolitical levels”.11

The mercy and cooperation of the Prophet ملسو هيلع هللا ىلص has been the essential part in his

routine life even before the announcement of his Prophet-hood. The whole life of the Prophet

passed to fight for, rights, mercy and justice in society. According to the Qurānic ملسو هيلع هللا ىلص

9Sūrah Āl-„Imrān 3:164.

10Qurṭabī, Jāmi„ al-Aḥkām,4:163.

11Michael H. Hart, The 100: A Ranking of the Most Influential Persons in History (New York: Kensington

Publishing Corporation, 1992),3.


discourse another important duty of the Prophet ملسو هيلع هللا ىلص is to make free the human being from

so called religious, political and social burdens and slaveries. Actually it is a great blessing on

humanity by Almighty through the kind prophet ملسو هيلع هللا ىلص. The Quran considers it good news;

“He commands them what is just and forbids them what is evil; he allows

them as lawful what is good and prohibits them from what is bad; He releases

them from their heavy burdens and from the yokes that are upon them”.12

The Prophet ملسو هيلع هللا ىلص described an example to elaborate his genius character in this sense;

“Example of mine and yours is like of a man who light the fire and bugs and

moths started to drop in it and he would be trying to get them out, and I am

going to grasp you reverse from flames, but you are falling from my hand”.13

It is an important impact of Islamic civilization that when Islam was supreme, the evil and its

spread were a difficult charge but now virtues and goodness have become a difficult task to

perform. Actually, this is the difference between Islamic and the Western civilization. It is the

change of values, shift of paradigm from Islam to West, from good to bad, from virtue to evil.

Even we can observe this influence on the life of the companions of the Prophet ملسو هيلع هللا ىلص. It is

narrated that a companion of the Prophet ملسو هيلع هللا ىلص had no interest in the worldly things and was

always busy in the status of worship and religious affairs. The Prophet ملسو هيلع هللا ىلص advised him,

“Your God has a right on you, your body has a right on you, and your children and wife have

a right on you; so you must give the rights of all those who have a right on you”.14

Hence,

this has become a divine principle in Islamic perspective that Islam keeps balance between

religious and worldly affairs.

Basically the survival of the best is a unique principle of Almighty Allah, the Lord of

this universe, behind of this world. This universal law has a dynamic role to interpret this

world slaws Allah expresses this law in the Quran;

“Thus doth Almighty Allah show forth Truth and Vanity? For the scum

disappears like forth cast out; while that which is for the good of mankind

remains on the earth. Thus doth Allah set forth examples?”15

12




Sūrah al-Ra„d 13:17 .


Muslim scholarship interprets this Qurānic law of survival in a very beautiful and interesting

way. Many scholars take deep interest in this important principle of survival. The people

who take interest in meanings of the Qurānic verses this principle provides a complete code

of living. Hence, Shamas Tabrayz Khan States about this unique law of the best survival;

“In this verse of the Holy Quran Almighty Allah makes a universal law of survival,

which consists on survival of the best, not the survival of the fittest. It means the

thing which is fruitful for this world and the world hereafter has right and ability to

survive and the thing which is not fruitful for this world and the world hereafter has

no right and ability to survive in this universe”.16

Due to this universal law Islam has been playing a dynamic role to change and reform the

world‟s thought and civilization since its arrival. Syed Ali Nadvī says in this regard; “As a

result of excellent Islamic teachings and influence, a wonderful civilization took place, which

has the time line of fourteen hundred years and its physical land was from for the East to the

West”.17

In the following lines I shall try to elaborate the different social, political and

intellectual impacts of Islamic concept of freedom of expression on the human society.

4.1.1. Political Impacts of the Islamic Freedom: Islam is a thought and ideology

which makes an excellent relationship between this world and the world hereafter. This world

view about the world and hereafter makes a balance between the life of this world and the

world hereafter. The teachings of the Holy Quran and Aḥādīth of the Prophet ملسو هيلع هللا ىلص are

enough evidences. Allah teaches us to say; “O Our Lord! Give us good in this world and

good in the Hereafter”. (Sūrah al-Baqarah 2:201).Ḥaḍrat Anas bin Mālik (RA) narrates in

Ṣaḥīḥ Bukhārī. The most frequent invocation and prayer of the Prophet ملسو هيلع هللا ىلصwas: "O My

Lord! Bestow up on us with goodness of this world and the goddesses of the world hereafter,

and save us from the fire of Hell”.18

This Qurānic verse expresses the Islamic point of view

about the world and religion. Islamic world view stands in between secularism and the

monasticism. Islam does not differentiate between the so called division of religion and state

as considered in the Western world. Professor „Abdul Ḥamīd Ṣiddīquī expresses his views;

“Islam does not reform just a single aspect of the human life rather it reforms the

whole concept of humanity. It has practical vision for whole human life. For that

purpose he has a special kind of civilization, culture, politics and society. Here,

16

Nadvī, Syed Abū al-Hassan „Alī, Tehdhīb-o-Tamaddun Per Islam kay Athrāt-o-Iḥsānāt (Karachi: Majlis

Nashrīyāt-e-Islam, 1975),7. 17

Nadvī, Tehdhīb-o-Tamaddun Per Islam kay Athrāt-o-Iḥsānāt,8. 18

Ṣaḥīḥ Bukhārī , Ḥadīth no.6462.


religion, ethics, civilization and politics are not separate from each other but they

make a holistic system of life which is called Islam”.19

In addition, Mawlāna Mawdūdī states about the comprehensive role of Islam in this

way; “Islam is not a religion as is usually attributed. It is a complete code of life, which

covers all aspects of living. Islam means political affairs, financial matters, legislation, human

social life, psychology and sociology. It is a scheme which composes no discrimination on

the foundation of generation, color, expression or other peripheral sorts. Its call is to all

humanity. It needs to contact the compassion of all mankind”.20

Islamic government is an

Amānah which granted by Allah to the human being for his welfare and dignity to maintain

the affairs of human being according to God‟s law.

“We did indeed offer the Trust to the Heavens and the Earth and the

Mountains; but they refused to undertake it, being afraid thereof: but man

undertook it. He was indeed unjust and foolish”.21

Hence, Allah declares him His Khalīfah in the world. In fact it is a great honour and dignity

for human being. The Holy Quran disclosed it;

“Behold, thy Lord said to the angels: I will create a vicegerent on earth. They said:

Wilt Thou place therein one who will make mischief therein and shed blood”.22

According to the leading Muslims scholars and jurists the establishment of Muslim

leadership and caliphate is the most important duty of Muslim community. Imām Ibn

Taymīyyah said, “The establishment of Islamic State and leader (Khalīfah) is from most

significant Islamic duties and without it Islam cannot be implementing in the society”.23

Man

is Khalīfah (vicegerent) of Allah. His role is under the supervision of his Creator. The whole

sovereignty and power is for God in Islam and man can use the rule within limits. In the

Islamic perspective of the Role and the Politics the entire sovereignty is for the Almighty,

who is the Creator and supreme Master of the universe.

This Islamic concept of rule is entirely different from the Western and other human

thoughts. Another major difference between Islam and the other concept of politics is that in

19

Ṣiddīquī, Abdul Hamīd, Insānīyyat kī Ta„mīr-i-Nau aur Islam (Lahore: Islamic Publish House, 1976), 193. 20

Mawdūdī, Syed Abū al-Ā„lā, Islāmī Rīyāsat (Lahore: Islamic Publications Ltd.,1998),41. 21



Ibn Taymīyyah, Taqī al-Dīn, Al-Sīyāsah al-Sharī„ah (Cairo: Dār al-Kitāb al-„Arbī,1951),138 .


Western thought religion and politics are different and religion has no interference or

contribution in politics but in Islam the religion is the base of politics. A prominent Egyptian

scholar Sayed Quṭub Shahīd stated about Islamic concept of role and politics;

“Islamic teachings are the teachings of the universal leadership and supremacy.

One of his important features is that he makes them faithful, confident and trust

to each other without any arrogance. This divine faith continuously aware them

that they are the responsible and trustee of the whole human being. Therefore it is

their supreme duty to guide them for a straight path of Allah”.24

As well as, many verses of the Nobel Quran aware them their responsibilities;

“Thus We have made you, a just (and the best) nation, that you be witnesses

over mankind and the Messenger be a witness over you”.25

Definitely, the Muslim Ummah is regarded and rewarded by Allah as the most middle

one Ummah and it simply means this Ummah as middle one approach to solve any issue. It is

also clear that the middle one doesn't mean just middle Ummah as some people understand or

interpret but it means justly balanced community. It is free from any kind of extremism. The

beloved Prophet ملسو هيلع هللا ىلص said at the time of his last sermon about this responsibility, “O my

Lord! Be witness. So it is now duty of those who are here to express this message to those

who are not present here because sometimes the informed one might understand it better than

the present listeners, who will communicate it to him”.26

So due to this divine purpose the

concept of role in Islam is entirely different from the Western concept of public sovereignty.

In Islam the key objective of the role is to serve the humanity for the sake of Allah to turn

them for the worship of Almighty Allah. But in Western politics the welfare of the public is

for the sake of public and democracy.

I. Freedom of Expression and Accountability: In Islamic perspective the most vital impact

of freedom of expression and thought is accountability of government and its representatives

with positive criticism. Although, the Islamic political system is different from the prevailing

modern democratic system but the accountability of a government is an imperative and the

fundamental right of the citizens of an Islamic state. The representatives of Islamic

government are accountable in this world in the front of public and in the world hereafter in

front of Almighty Allah. Allah elaborates this concept in the Quran;

24

Nadvī, Syed Abū al-Ḥassan „Alī, Insānī Dunyā par Muslamānon kay „Urūg-o-Zwāl kā Athar ( Karachi:

Majlis Nashrīyyāt -e- Islam,1992),23. 25


Ṣaḥīḥ Bukhārī, Ḥadīth no.1768.


“O believers! Fear Allah, and let every soul look to what He has sent forth for

the morrow. Yea, fear Allah: for Allah is well-acquainted with that ye do”.27

The prophet ملسو هيلع هللا ىلص also pointed out the importance and awareness of accountability in his

Ahadith many times. He said once a time about accountability likewise, “Every one of you is

accountable for his subordinate. All of you are custodians and accountable for your

affairs”.28

Accordingly, in Islamic teachings every person is accountable in this world and the

world hereafter as well equally.

In Islamic perspective, the accountability through free speech is not only a right but a

duty as well. It is the duty of Muslims citizens to raise their voices against violence,

corruption and evils in the society. Accountability has a vital role in Islamic teachings;

“You are the best of peoples ever raised up for mankind; you enjoin al-Ma'rūf

(good) and forbid al-Munkar (bad), and you believe in Allah”.29

According to an Islamic scholar Sheikh Khālid bin Uthmān; “This verse tells us that if we

want to become a true and successful Muslim and want to lead the entire humanity, we must

adopt this significant duty of inviting for good and prohibiting the bad in the human

societies”.30

Many Aḥādīth of the Prophet ملسو هيلع هللا ىلص guides us towards accountability and inviting

good and prohibiting bad as most vital duty. The kind Messenger of Allah ملسو هيلع هللا ىلص said;

“Who observes something repulsive must change it with the power; and if he has not

sufficient power to perform it, then he must accomplish it with his tong, and if he has

not sufficient potential to do it, then he should dislike it from his compassion”.31

This Ḥadīth of the Prophet ملسو هيلع هللا ىلص tells about importance of the self-accountability and

our duty towards it. It is also an interesting thing that the accountability in Islam is due to

faith. According to Syed Abul Hassan Nadvī; “Self-accountability and self-criticism were the

successful influence of faith and moral training. It generated among the Muslims an amazing

strength of will, self-criticism and justice towards oneself. There was no any other motive

except faith, which helped to overcome the inducements of the self so successfully”.32

I think

faith and sense of accountability before God was the key factors of the earlier Muslims‟

27

Sūrah al-Hashar 59:18. 28


Sūrah Āl „Imrān 3:110. 30

Sabt, Khālid bin Uthmān, Amr bil-Ma„rūf wa Nahī „An al-Munkar (Beirut: Dār al-Furqān, 1995),14. 31


Nadvī, Islam and the World,49.


success and reformation. Even at that time If we want to reform the society, it is necessary to

build them on the foundation of faith in Allah and the hereafter and create feeling of

responsibility. Imām Mālik (RA) said about Muslim reformation, “There will no reformation

of the Muslim nation of the day, but as the first one was reformed”.33

It means the reformation

approach should be founded on the Quran and Sunnah of the Prophet ملسو هيلع هللا ىلص.

The political and social accountability are the most important and key features of the

Islamic society. In Islamic context, it is not only a right but an important duty of the Muslim

citizens to bring their governments to accountability through positive criticism and freedom

of expression. The Quran affirms, there should be a group of people who call for goodness;

“Let there be arise out of you a group of people inviting to all that is good,

enjoining al-Ma„rūf and forbidding al-Munkar (evils)”.34

This and many other verses of the Wise Quran tell about collective responsibility of public

accountability and freedom of expression in all spheres of social and public life.

If we relate the above mentioned Ḥadīth of the Prophet ملسو هيلع هللا ىلص with this verse, it makes a true

sense to understand the Islamic concept of free speech. In this Ḥadīth we find three levels of

the accountability: Amr bin al-Ma„rūf wā Nahī „An al-Munkar (Inviting to good and

prohibiting from bad). It is also necessary to know the status of an accounts person. As Imām

Ibn Qayyīm said; “First of all try to know the moral status of a person; he is an educated

person or ignorant, then you invite to goodness or tell him his mistake according to his

acceptance of truth”.35

Who can do the duty of accountability and remove the evils in the

society? Here, Dr. Zaydān articulates; “To eradicate the evils with heart is the duty of every

Muslim but the eradication of evils with hands (power) and expression is related to the ability

and eligibility”.36

It is also necessary to know the ethical status of person before its

counseling. A renowned classical Islamic scholar Abul Hassan al-Māwardī states: “First of

all see the condition of the guilty person; does he know about this mistake or he

unintentionally did this mistake”.37

Therefore, Allah commands to believers in the Quran;

“Invite to your Lord with wisdom and fair preaching, and argue in better way”.38

33

Sadīrī, Tawfīq bin „Abdul„Azīz, Islam wā al-Dastūr (Riyadh: Ministry of Religious Affairs,1425 H ),198. 34


Ibn Qayyīm, Muhammad bin Abī Bakr, Madārij al-Sālikīn (Beirut: Dār al-Kitāb al-„Arabī,2003 ),192. 36

Zaydān, „Abd al-Karīm, Uṣūl al-Da„wah (Beirut: Dār al-Kitāb al-„Arabī,1986),189. 37

Māwardī, Abū al-Ḥassan„Alī bin Muhammad, Al-Aḥkām al-Sulṭānīyyah wa al-Walāyāt al-Dīnīyyah

(Kuwait: Dār Ibn Qutaybah,1989),321. 38

Sūrah al-Nahal 16:125.


These arguments describe its importance and need in the Islamic society. Any Muslim

society cannot survive without social and public accountability. The social and public

accountability is the key factor of reformation in the society. Today if we see some major

evils and distortions in Muslim societies, it is due to ignorance in the name of modern and

Western civilization and lack of effective accountability.

This accountability is not limited only to Naṣīḥah (sincere counseling) but sometimes it

consists of censure. In Islamic system of accountability when one approach does not prove

fruitful, we shift to another methodology to eradicate evils from the society. A positive39

criticism is an important part of public accountability and Islam gives right to the citizens of

the Muslims state to criticize public activities for the sake of goodness. To search out truth

and point out falsehood is the spirit of criticism and free speech. A comprehensive Ḥadīth of

the blessed Messenger clearly states;

“Do not make yourselves yes-men, saying: If the people are fair, we will be fair,

and if they are bad, we will be bad. Make up your own views, if the people are

fair, you will be fair, and if they are wicked, then will not be unfair”.40

Therefore, Prof. Dr. „Abd al-Karīm Ḥassan states about this beautiful Ḥadīth of the

Prophet ملسو هيلع هللا ىلص, “This Ḥadīth tells us that Islam grants right to criticism and expression against

all Muslim authorities and as well public to search out the correct path and eradicate the

falsehood”.41

It is beautiful feature of Islamic freedom of expression that it gives a basic right

to very citizen to citizens over government and public chair holders but only limit it to the

constructive matters rather than criticism for criticism or destructive objectives.

Social and political criticism is very important to overcome the social and political

mistakes. If the government or society is not ready to perceive the criticism of others for their

betterment, it comes to its end. According to a Ḥadīth of the Prophet ملسو هيلع هللا ىلص; “ When you

observe the Muslim (Ummah) community afraid of telling a oppressor „O Tyrant‟ then it has

no more worth to live”.42

It means to criticize and hold the government official accountable

on their violation of law is an important job of Muslim Ummah. According to a Ḥadīth, this

duty is considered as a great Jihad (efforts), “The best form of Jihad is to tell the word of

truth in the front of a tyranny ruler”.43

In expression and communication of truth, Islam is

39

Positive Criticism: I noticed during study, there are two main types of criticism: positive and negative

criticism. The objective of positive criticism is to hold in account the social and public mistakes with some

ethical and legal limits but negative criticism cannot fulfill this requirement. 40


Al-Ī‟llī, Al-Ḥurrīyyāt al-„Āmmah,468. 42

Munẓarī,„Abd al-„Aẓīm, al-Tarhīb wa al-Terghīb (Beirut: Dār al-Kutub,1417AH), Ḥadīth no.3500. 43

Sunan Abū Dāwūd, Ḥadīth no.4334.


generous because without it there is no worth of human beings. Ḥaḍrat Abū Dharr (RA)

narrates from the Prophet ملسو هيلع هللا ىلص, “I am ordered that I should tell the truth even it be

unpleasant”.44

This strong journey of advocating truth takes another bold step to bravely

convey the truth before a tyrant. It is appreciated in a Ḥadīth of the beloved Prophet ملسو هيلع هللا ىلص;

“The chief of the martyrs is Ḥamzah bin „Abd al-Muṭṭalib and the person who

stood up for inviting good and forbidding from bad and then killed in this way”.45

Constructive criticism can play an excellent role to improve government‟s performance. In

other words, it can serve as public feedback. Thus, Hashim Kamālī rightly observes,

“Freedom of criticism has frequently been described as a measurement by which we can

assess the democratic excellence of a government and its assurance to the rights and freedoms

of its citizens”. 46

Therefore, it is categorically noticed the positive criticism enhance the

government performance than others.

It was the most significant result and deep impacts of these teachings that Muslims

got ready to do their duty towards social and political accountability. Here we would like to

share an important story of Ḥaḍrat „Umar (RA), the second Caliph. Dr. „Alī al-Sulābī states;

“One day Ḥaḍrat „Umar (RA) stood up to deliver a public sermon and said; „listen and obey

me‟. Suddenly a person stood up and argued, „We shall not listen and obey until you shall

answer about your dress. You are wearing two shawls received from the booty, while all

others were given one shawl each‟. Ḥaḍrat „Umar asked his son „Abdullah to clarify it. He

said; „I gifted my shawl to my father for he is a tall man, one shawl was not sufficient for

him.‟ After this clarification the person accepted the excuse and said, “Now, I shall listen and

obey”.47

It is the proper way of the freedom of expression and criticism for political

accountably. There are many examples in Islamic history for such bold confrontation with

authorities even the caliphs himself. We just need to explore and follow it.

II. Freedom of Expression and Consultation: Another political impact of freedom of

speech in Islam is the concept of consultation and Shūrā. In the Islamic concept of

government, Shūrā (consultation) has a special role and significance. We can measure the

importance of Shūrā in Islam that Allah asked the Prophet ملسو هيلع هللا ىلصto consult his companion,

while he has no need of it, “And consults them in the affairs”.48

The Holy Quran considers

the institution of Shūrā as the basic principle and public law in an Islamic government. Quran

44

Bahaqī, Sha„b al-Īmān, Ḥadīth no.7583. 45

Mustadrak al-Ḥākim ,Ḥadīth no.4884. 46


Sullābī, Muhammad „Alī, Sayyīdnā „Umar bin Khaṭṭāb (Lahore: Dārussalām,2011),194. 48

Sūrah Āle-„Imrān 3:159.


gives much importance to consultation. Dr. Kamālī articulates; “The Quran describes Shūrā

as one of the fundamental principles of Islamic government and prescribes it as the basic

foundation of public law in an Islamic State”.49

Therefore, The Holy Quran expresses those

mutual affairs should be dealt with consultation,"They (conduct) their affairs by mutual

Consultation". (Al-Shūrā 42:38) Here, it is observed, the wise Quran repeatedly speaks about

consultation and presents the examples of prophet and his companions.

Imām Qurṭabī states that Ibn „Atiyāh said; “These verses recommend that the Shūrā

(Consultation) is the basic principle and foundational obligation of an Islamic government. If

any Muslim ruler does not consult for the state affairs, he has no right of leadership of

Muslims”.50

A renowned Ḥanafī jurist and scholar Imām Abū Bakr al- Jaṣṣāṣ interprets this

verse as; “The consultation of the Prophet ملسو هيلع هللا ىلص with his wise companions was not just a

formality but he consulted the companion in all those issues about which there revealed no

revelation”.51

The above mentioned Qurānic injunctions in these two verses are enough

arguments to show the significance of the consultation (Shūrā) in Islamic political system.

The consultation (Shūra) in the state and public affairs is a fundamental principle of Islamic

government system and leadership program. According to Syed Quṭub; “In this verse we find

the original political principle of Islam. The collective and political affairs of Muslim will be

carried out through mutual consultation. The recommendation of Consultation (Shūrā) is not

specific for Islamic government”.52

Many Aḥādīth of the Prophet ملسو هيلع هللا ىلص mention the significance of consultation. The

Companions of the Prophet ملسو هيلع هللا ىلص stated that the most consulting one with them even though

he was guided by the direct revelation from Almighty Allah. Imām Ibn Taymiyyah states;

“Almighty Allah commanded the Prophet ملسو هيلع هللا ىلص to consult the companion, despite he was the

beneficiary of the divine revelation. This Qurānic command is not more concerned about the

later Muslim generation, who would have no longer the Prophet among them, nor could they

have had a straight contact with the divine revelation (Waḥī)”.53

In some Aḥādīth of the

Prophet ملسو هيلع هللا ىلصthe consultation is said to be a symbol of goodness. The Prophet ملسو هيلع هللا ىلص stated;

“When your best are the leaders among you, the wealthy people are the most

generous among you, and your dealings are discussed with you, then the face of

the earth is better for you than its belly. When your representatives are the bad

49


Qurṭabī, Tafsīr al-Qurṭabī, 4:256. 51

Jaṣṣāṣ, Abū Bakr, Tafsīir Aḥkām al-Quran (Beirut: Dār al-Kutub al-„Ilmīyyah, 2003), 2:49. 52

Qutub, Syed Shahīd, Tafsīr fī Zilāl al-Quran (Egypt: Dār al- Shurūk , 2005 ),5:935. 53

Ibn Taymiyyah, Sīyāsah al-Sharī„ah, 169.


ones of you, the wealthy ones are the worst among you, and your dealings are

submitted to your women, then belly of the earth is better for you than its face”.54

On the behalf of Islamic teachings, the Muslim scholars consider the consultation as

an obligation of Islamic Sharī„ah. Sheikh Muhammad „Abduhū states; “The Consultation (

Shūrā) in this verse is not only an advice but an obligatory command addressed primarily to

the head of state to make sure that it is correctly applied to public affairs”.55

Islam wants to

spread the sphere of consultation from public to private and to the social issues as well.

According to Syed Quṭub; “The recommendation of Consultation (Shūrā) is not specific for

Islamic government but it should also be a collective attitude of Islamic society, because the

verse of the consultation is Makkī not Madanī”.56

Mawlāna Mawdūdī said about consolation;

“There are three principles of consultation, which are necessary to fulfill; 1-

every collective issue should be done through mutual consultation, 2-The

consultation will be established with the eligible and relevant persons.3- The

consultation should be free and fair”.57

This thing separates Islamic system of government from the Western democratic

system because they consider religion and state two opposite things and give right of

consultation or vote to every person, which is not good because every person is not suitable

and eligible for every issue. Therefore, Islamic teachings where have allowed and

recommended consultation as principally bound it with eligible person (wise) to maintain the

quality of consultation also. A verse of the wise Quran goes to solve this problem;

“If you obey most of those on the earth, they will mislead you far away from

Allah's Path. They follow nothing but conjectures, and they do nothing but lie”58

Imām Ibn Jarīr al-Ṭabrī interpreted this verse of the Quran as; “This is due to that because

they do not know the rationale and wisdom behind the natural laws and also do not know

about right and wrong decisions. They only think about their personal needs and profits”.59

There is another difference between Islamic and Western concept of governance, i.e., the

separation of religion and State or public and private affairs. Islam does not accept it. A

renowned Islamic political leader of Sudan states about the salient feature of the Islamic

State; “An Islamic state cannot be disconnected from the society, because Islam is an

54


Abduhū, Sheikh Muhammad, Risālah al-Tawḥīd (Cairo: Dār al-Manār, 1973), 642. 56

Quṭub, Tafsīr fī ẓilāl al-Quran,5:935. 57

Mawdūdī, Islāmī Riyāsat,398. 58

Sūrah al-An‟ām 6:116. 59

Ibn Jarīr, Tafsīr al-Ṭabrī,19:57.


inclusive and integrated system of life. The division between personal and communal, the

state and society, which is common in the Western society, has not been familiar with Islam.

The Islamic state is only the political appearance of an Islamic society”.60

In the Islamic

perspective, there is no separation between state and religion, public and private, religious

and secular, as we see in the Western secular politics. Contrary to this in Islam religion is

based on all kinds of individual, social, economic and public activities.

In Islamic context, the consultation is the basic right and duty and it is used for good

governance. It is Islamic recommendation and Allah‟s system of governance. Prof. Dr.

Muhammad „Ammārah sates about the importance of Shūrā as; “Due to some important

reasons the system of Shūrā in Islam is an obligation imposed by God, it is not just a human

right”.61

Consultation is from those issues which has double significance as a right and also as

a duty and obligation. At that point, „Adnān Riyadh Muhammad states about the importance

of Shūrā in this way, “The Shūrā (consultation) is a system prescribed by God, which is

recommended for human beings to solve their collective and public issues for a happy and

successful life”.62

Throughout the Islamic history of leadership and governance, all the

collective affairs of the state and society are decided with mutual consultation. In the period

of the Prophet ملسو هيلع هللا ىلص there were two sources of decision: one was the divine revelation (Waḥī)

and other was Shūrā. In the holy Quran Almighty Allah many times commands the beloved

Prophet ملسو هيلع هللا ىلص about Shūrā, although He does not speak without the permission of Almighty

Allah. Therefore, this and any other commandments of the Quran guide the followers towards

importance and application of consultation in individual and collective affairs in any case.

“You consult them in the affairs. Then when you have taken a decision, put

your trust in Allah, certainly, Allah loves those who put their trust”.63

This command of the Quran tells that if the Prophet ملسو هيلع هللا ىلصis asked to do consultation, then we

are the most obliged to do it, because consultation is more secure way to solve human issues

after Waḥī. „Abd al-Munṣif commented; “Consultation is human dignity and a safe away to

reach the correct opinion to solve different social and political matters of human beings”.64

This discussion shows the importance and validity of the process of consultation from Islamic

60

Turābī, Ḥassan, “Principles of Islamic Governance”, American Journal of Islamic Social Sciences4:1 (1987)

:1-12 ;www.accis.net/pdfs/Poli/Pol_Turabi_Governance.pdf. 61

www.islamtoday.net/files/w_e_di/P_14.htm/shura al-Islamiyyah/ Dr.Ammarah/Accessed:5/12/2015. 62

Riyadh, „Adnān Muhammad, Concept of Islamic Thought in Islam (Iraq: Diyala University, n. d.), 5. 63


Maḥmūd, „Abdul Munsif, “Ahmiyyah al-Shūrā”, Mujallah Member al-Islam 7(1974):51-68.

http://www.islamtoday.net/files/w_e_di/P_14.htm/shura%20al-Islamiyyah/


perspectives at individual and collective level. We should not ignore the process of

consultation and counseling at any level.

The consultation Shūrā is also used for good governance and public criticism for

solution of the matters, because Islam grants right for the sake of constructive criticism and

public accountability. According to Prof. Dr. Muhammad „Abbās Ḥilmī‟s opinion; “The

consultation (Shūrā) in Islam is an expression of equality, public and individual

accountability and freedom of expression”.65

The consultation is not a simple process of

dialogue and argumentation, but it is a better way to solve social, public and individual

matters of the Muslim community. „Abd al-Karīm Khaṭīb observes; “It is a method of unity

of the Muslim Ummah and an easy solution for their difficulties and problems with dialogue

and conversation”.66

The consultation (Shūrā) is so important matter in Islam that Allah

recommends it for the sake personal matters, too. As we see in the issue of the confrontation

of husband and wife then the guardians if both are recommended to consult this issue.

According to Syed Quṭub; “The recommendation of Consultation (Shūrā) is not

specific for Islamic government but it should also a collective attitude of Islamic society

because the verse of the consultation is Makkī not Madanī”.67

I observe the conduct of the

Prophet ملسو هيلع هللا ىلص about Shūrā. Ḥaḍrat Ayesha (RA) narrates that one day the Messenger of

Allahملسو هيلع هللا ىلص gave a sermon and said; “What do you advise me concerning those people who are

harming my wife, while I have never found any awful thing about my family”? As a result

the companion narrated that the Messenger of God ملسو هيلع هللا ىلصwas the most consulting person. Shah

Walī Allah states; “When a difference of judgments arose, people would submit that to the

Khalīfah, who would make decision on the issue after mutual consultation with the experts. A

conclusion reached at thus was pursued by all as a shared judgment”.68

Here, a leading

Islamic scholar Dr. Muhammad Ḥamīdullha stated; “An important feature of the constitution

of Madīnah was that Prophet ملسو هيلع هللا ىلص governed that state by virtue of the consent of citizens”.69

It

means consent and consultation is the basic principle of Islamic politics.

In Islamic perspective, we can see a real bondage between Khalīfah and the public in

the shape of Bay„at (Agreement of sincerity). According to Prof. Dr. Yūsuf Ibish comments;

“In the Islamic historical models, there is a real obligatory treaty in the shape of Bay„at, not a

65

Hilmī, Muhammad „Abbās, “Shūrā fi al-Islam”, Mujallah al-Aẓhar 2:2(1974):7-25. 66

Al-Khaṭīb, „Abd al-Karīm, “Al-Shurā fil-Islam” , Mujallah al-Waī al-Islāmī 1(1970):47. 67

Quṭub, Tafsīr fī ẓilāl al-Quran, 5:935. 68

Dehlavī, Shāh Walī Allah, Izālah al-Khifā‟ (Lahore: Maktabah Salfīyyah, 1975),132. 69

Ḥamīdullah Muhammad, The First Written Constitution of the World (Lahore: Sheikh Muhammad Ashraf

Publishers, 1975),21.


fabricated one (in the shape of vote) between the Khalīfah and the public. The mutual

promise holds the leader accountable for establishing the sovereignty of Sharī„ah, justice,

securing human honor, serving the community benefit, and gratifying the whole

responsibilities of the position, while it holds the people liable for helping the Khalīfah,

complying his verdicts that conform to Sharī„ah”.70

This statement expresses the

responsibilities of ruler and ruled straight away and tells that in Islam it is not an easy task.

“When there comes to them some matter touching safety or fear, they make it

known; if only they had referred it to the Messenger or to the authority”.71

This verse of the Quran tells us an important lesson that if there is an important issue of

security and responsively involves in news we should discuss it with higher authorities and

then spread and broadcast in the society and state. It is an important principle and limit of

freedom of expression and press from Islamic perspective.

Moreover, according to Islamic teachings of politics and role everyone is not eligible

for these great and sensitive responsibilities of security and secrecy. Therefore, the Prophet

said about the task of an Islamic ruler, “Power (Rule) is a trust and on the Day hereafter ملسو هيلع هللا ىلص

it is a reason of shame and sorrow instead of one who perform its commitments and releases

the task assistant thereon”.72

Authority in Islam is a most sensitive and responsible task.

Therefore, the rollers and higher authorities are bounded to main merit in any case.

“O believers, betray not Allah and His Prophet, nor betray knowingly your trust”.73

In authoritative Islam shows his concerns and recommends the authoritative people that they

are under the supreme authority of Almighty Allah. Accordingly they must be careful to use

their authority in public issues; rather they are right or wrong. The kind Prophetملسو هيلع هللا ىلص said;

“One who is made responsible for public affairs and he knew, there is another

person who is more eligible then him, he deceived Allah and His Prophet”.74

The above mentioned discussion tell that there are many key differences between

Islamic and Western thought and one of the major between Islamic and Western thought

because they consider it a designation, but in Islam it is a trust and if any person cannot fulfill

70

Ibīsh, Muhammad Yūsuf, Nuṣūṣ al-Fikr al-Siyāsī al-Islāmī (Beirut: Dār al-Tāli„ah, 1966), 224. 71

Sūrah al-Nisā‟ 4:83. 72





it he will be accountable in this world in the front of public and also in the World Hereafter in

front of Allah.

4.1.2. Social Impacts of the Islamic Freedom: Islam is a religion of preaching, so it

gives a lot of importance to society and social contracts. It is also a feature of Islam that it

promotes social justice, equality and pluralism. The deep study of Islamic and other revealed

scriptures tell that All Prophets of Allah have been promoting and working for social reforms

and human transformation too. Throughout the Islamic history, the scholars and reformers try

their best to reform the society according to God‟s will. As well as, the Prophets did not

consider the social or political status for human respect and honor, but they only considered

piety of Allah for the standard of human dignity. Many verses of the Quran focus on the

reformation of society. Allah affirms in the Honored Quran;

“O mankind! We have created you from a male and a female, and made you

into nations and tribes, that you may know one another. Verily, the most

worthy of you with Allah is that who has Taqwā”.75

The Prophet ملسو هيلع هللا ىلصannounced on the day of the last sermon;

“O People, Your Lord is one, your father is one. So, be aware, there is no

superiority of an Arab over non-Arab, White over Black and Red over Black

except for piety (al-Taqwā)”.76

In Islam the base of dignity and honor is not caste or status but Taqwā and good

conduct. The Messenger of Allah taught us; “Almighty Allah does not see your bodies or

your appearance but He sees your souls”.77

It means in Islam political, social and ethical

status of a man are not the basis of discrimination. Everybody is regarded and treated

according to his character and contribution. Moreover, Islam recommends social contract in

the sense of social cooperation for reformation of society. The Quran guide us towards this

mutual assistance. In fact, mutual support is the fundamental principle of Islamic thought.

Therefore, Allah declares it as an Islamic social principle in the Holy Quran;

“Help you one another in Al-Birr (goodness) and Taqwā (righteousness); but

do not help one another in sin and transgression. And fear Allah”.78

75

Sūrah al-Hujrāt 49:13 . 76

Musnad-e-Aḥmad, Ḥadīth no.23536 . 77


Sūrah al-Mā‟idah 5:2.


The Prophet ملسو هيلع هللا ىلص practically explained the way out of mutual cooperation of the society,

“He who removes the grief of a Muslim out of the pains of the world, Allah

would ease his pain from the pains of the Judgment‟s Day, and he who

discovers relief for a burdened person, Allah would compose things simple for

him in the Hereafter”.79

So, these Qurānic recommendations and the noble conduct of the Prophet ملسو هيلع هللا ىلص prepare the

Muslim society for mutual cooperation and welfare of the human beings without any political

racial, ethnic and religious discrimination.

What impacts, the Islamic concept of freedom of expression and thought produced, I

will express them in the following.

I. Spread of Social and Religious Pluralism: Pluralism and diversity in society is an

important feature of Islam. Islam peacefully lives with others. Islam likes diversity because

uniformity is not possible in any developed society. Diversity and pluralism are according to

God‟s plan of creation;. As well as the source of spread of human being is a diverse pair of

human beings. Thus, Allah, the Creature, creates the human being on diverse natures;

“Mankind was one single nation, and Allah sent Prophets with glad tidings

and warnings; and with them He sent the Book in truth, to judge between

people in matters wherein they differed”.80

This verse of the Holy Quran including many other verses81

is a fundamental evidence of the

pluralism and diversity in Islam. It is also a physical and divine fact that, Allah created the

human being from earthly elements. Due to this element of the creation of human being we

find difference of opinion and diversity of colors, language, race and attitudes in this

universe. The Messenger ملسو هيلع هللا ىلصof Allah said;

“Allah shaped Adam from a handful amount of the dust which he got from the

entire of the earth; so the kids of Adam are in similarity with the earth: some red,

some white, some black and some a mixture, also soft and tough, dire and fine”.82

This Ḥadīth of Messenger ملسو هيلع هللا ىلص is a judgment on diversity and pluralism in Islamic thought.

Diversity and pluralism are related to human freedom therefore Almighty Allah

should not want to compel the human beings to follow the single path of truth but Allah gave

79



Many other verses on diversity and Pluralism; Sūrah al-Nisa‟ 4:01, al-Rūm 30:21, al-Hūd 11:118, al-Kahf

18:29, Ḥujrāt 49:13 etc. 82

Sunan Abû Dā‟ūd, Hadīh no.4693.


them freedom to accept or reject His path with their will, but, Allah likes the right way

(Islam). Thus, Allah opens the door of right and wrong way, so who you like may adopt it but

everyone is responsible and accountable for his selection, right or wrong in Hereafter. It is

also a historical fact that the majority of humanity rejected the right path of the Prophets and

accepted the wrong path of Shayṭān (Satan). The Holy Quran describes thus fact;

“To thee We sent the Scripture in truth, confirming the scripture that came

before it, and guarding it in safety: so judge between them by what Allah hath

revealed”.83

So the people will be judged according to the revelation of Allah instead of their wishes.

Mutual Introduction requires diversity and pluralism. This is also wisdom of diversity and

pluralism that Allah wants to examine us with.

Islam not only adopts the diversity and pluralism, but also spreads and promotes the

diversity and pluralism. It is not possible to make a uniform society because the difference of

opinion and minds is a fact. Real pluralism doesn't limit to diversity. It presents the people

before the law as equal treatment and eradicates all kind discrimination. Jacques Warden burg

comments; “Pluralism is an affirmative gratitude of plurality and involves its support.

Genuine pluralism means the same treatment of citizen before law without any difference

being made on the basis of religion and race”.84

In the course of the Islamic history of justice

we have many excellent examples of equal treatments before the law without any

discrimination of religion, race and ethnicity. Here, Ḥāfiẓ Abū Na„īm al-Aṣfahānī narrates;

“Ḥaḍrat „Alī‟s (RA) armor was stolen. He saw his armor in the hand of a Jew.

He said to Jew, “It is my armor”. The Jew replied; bring forth your witnesses to

confirm it otherwise go to the court. In the meanwhile, Ḥaḍrat „Alī filed a

petition in the court of Qādhī Shurayḥ. Qāḍī said to „Alī, „present your

witnesses‟. Ḥaḍrat „Alī presented two witnesses: one was his slave and other was

his son Ḥaḍrat Hassan (RA). Qāḍī rejected these witnesses on the ground that the

witness of slave and son would be in the favor of his owner and father. As a

result, the decision was made in the favor of the Jew”.85

83

Sūrah al-Mā‟idah 5:48 . 84

Jacques Warrensburg, “Religious Pluralism and Citizenship”, The Encounters 4(1998):126-147;

www.jstor.org/stable/30053894. 85

Aṣfahānī, Abī Na„īm, Ḥilyah al-Aawlīyā‟( Beirut: Dāral-Kutub al-„Ilmiīyyāh,1988 ),4:139.


This historical decision went against Ḥaḍrat „Alī (RA) when he was Khalīfah. Therefore,

Islam believes in diversity, pluralism and provides for the non-Muslims equal facilities of

Justice, rights and welfare as Muslim avail in an Islamic state.

Diversity and pluralism is the base of a peaceful and friendly coexistence in this

world. Obviously Islam promotes every attempt which is helpful for peace and prosperity.

The excellent example of peaceful coexistence with other faiths and thoughts is in the times

of the Prophet‟sملسو هيلع هللا ىلص and the righteous caliphate. In this context, Mīthāq al-Madīnah has a

special significance. It is measured a universal charter of peace in the world‟s political

history. According to a research paper on treaty of Madīnah; “The charter of Madīnah can

become the base for stable peace and peaceful coexistence of a pluralistic world for the

welfare of humanity from the kind Messenger Muhammad (ملسو هيلع هللا ىلص)”.86

This kind of agreement

shows that the Islamic political system accepts the diversity and pluralism. Sheikh Fauzī

„Abd al-Ḥamīd observes; “History has neither observed nor will ever observe again another

human personality whose existence, thinking, conduct, working and eventual demise exerted

such a deep impact on humankind as did the beloved Prophet Muhammad (ملسو هيلع هللا ىلص)”.87

From the above discussion, it can be noticed that that Islamic thought promotes

political, social and religious diversity and pluralism under its discourse.

II. Spread of Social Justice and Equality: To promote social justice in the world is a

beautiful impact of Islamic thought and freedom of speech. Islam counts social justice and

equality as one of the basic prerequisites of Islamic state and society. The concept of social

justice is related to the general idea of justice. The term Justice is not new for Muslims. The

teachings of the Quran and the Aḥādīth of the Prophet ملسو هيلع هللا ىلص have innumerable evidences.

Allah commands believers to stand up for responsibility of justice in the world;

“O believers, Stand out firmly for justice, as witnesses to Allah; even though it is

against yourselves, or your parents, or your kin, are the rich or poor.”88

Sheikh „Abd al-Reḥmān al-Sa„dī stated; “In this verse Almighty commands Muslim believers

to firmly stand up for justice in all aspects and spheres of life”.89

Justice is ultimate goal in

Islam. So, in another place of the Quran, Allah recommends truth and justice in any case;

86

Saīd, Riaz Aḥmad, “Mīthāq al-Madīnah: A Universal Charter of Peace”, Al-Baṣīrah 3:6(2015):31-58. 87

Fauzī, Aḥmad, „Abd al-Ḥamīd, “The Prophet as a Model for Universal Peace”, Insights 2:2(2009), 1-35. 88

Sūrah al-Nisā‟ 4:135. 89

Al-Sa„dī, Tafsīr Taysīr al-Karīm, 1:208.


“Allah commands justice, the doing of good, and liberality to kith and kin,

and He forbids all shameful deeds, and injustice and rebellion: He instructs

you, that ye may receive admonition”.90

Mawlāna Mawdūdī writes; “Justice means to make such measures as may facilitate everyone

to get one's due rights without delay. Justice does not, only, mean equivalent division of

rights but full rights. So, Allah recommends full rights of everyone should be honestly

delivered whether those are moral, social, economic legal or political in accordance with

what one fairly merits”.91

Furthermore, it is noticed from many studies that Social justice is a

continuous struggle to change the society. Complete and absolute justice is related to Allah.

Islam promotes social cooperation on a grass roots level for the provision of social justice in

the Islamic state and society. Thus, Allah reveals special justice as principle in the Quran;

“And help one another in goodness and piety, and do not help one another in

sin and aggression; and be careful of (your duty to) Allah”.92

Actually, this cooperation is the backbone of Islamic social justice and we have not found

such excellent example of this voluntarily cooperation in any other religion and thought.

Muhammad Shujā„at states;

“(In West) social Justice is relatively a new phenomenon. However, only a

few people know and believe that Islam as a progressive religion was the first

among (global) faiths (and thoughts) to uphold the dignity of the individual

and protection of one‟s professional and as well as social rights”.93

This discussion opens that social justice in Islamic teachings is the oldest one concept and

Muslims are acting up on it since its foundation but in the Western context it is a new one

idea and introduced after renaissance.

Islam wants to make and produce a believer fruitful and helpful for his Muslim the

entire society both at all. For that purpose the Quran and Aḥādīth of the Prophet ملسو هيلع هللا ىلص

continuously transform the Muslims in many ways. The Kindest Messenger of Allah ملسو هيلع هللا ىلص

praised and said;

“If anybody eradicates his brother‟s unease of this world, Allah will eliminate

for him one of the worries on the Judgment‟s Day, if any person makes ease

90

Sūrah an-Naḥal 16:90. 91

Mawdūdī, Tafsīr Tafhīm al-Quran, 2:16. 92

Sūrah al-Mā‟idah 5:2. 93

Shuja„at, Muhammad, Social Justice in Islam (Delhi: Anmol Publications,2004),VII.


for a person from his pain, Allah will create easiness for him in this world and

on the Judgment‟s Day…Allah will stay in the help of a person until the

person remnants in the help of his brother”.94

Mr. Irfān Ḥassan Ṣiddīquī says; “Islam has established some significant principles for social

justice, mentions right of the poor in wealth of the rich, gives a justice system for State and

society to overcome the wealth issues”.95

In Islamic perspective charity is a good virtue but if

you have no charity then fair conversation is also counted a charity. Allah says in the Quran

for charity and welfare, “Kind words and forgiving of faults are better than charity followed

by injury”.96

While the Prophet ملسو هيلع هللا ىلص said about good communication a most better words

and consider it like alive charity even some more of it. Once the beloved Prophet ملسو هيلع هللا ىلص

speaks about sweet conversation likewise, “Every piece of good is charity (even fair

speaking)”.97

Accordingly, it is socio-religious duty of a Muslim to perform it accurately. As

well as, In Islamic context, social justice is not only an abstract theory. It is related to other

theories of Islam and it is the first thing which needs to be an Islamic concept of the universe.

Freedom of thought and conscience has also an important role in social justice,

because a person does not live for himself, but for the will of Allah and the welfare of his

humankind. Syed Quṭub articulates; “Absolute freedom of conscience cannot be assured and

guaranteed, except, it comes from the inner sincerity of the spirit. There should be a belief

that it will serve the premier purpose (for the sake of Allah) of the human kind”.98

Due to this

freedom of conscience and thought the priorities of a person will be changed. He does not

think only for himself or his family but for others, too. The freedom of conscience and

thought liberates from all kinds of servitudes and slaveries. Syed Quṭub says; “When the

conscience liberates them from the intuition of all servitudes, when it is filled them with the

awareness, then it can get absolute access to Allah. Then he cannot be worried by any feeling

of fear of life or fear for living or fear for rank”.99

This is possible due to wisdom, charity and

remembrance of Allah. In this way He cares the whole humanity without any discrimination

of race, gender, country, nation or religion because he has a faith that he will be answerable

for his actions and deeds of this world.

Another most significant feature and dimension of the Islamic social justice is

complete equality of the humankind. Islam is a religion of equality and unity. A good deal of

94


Ṣiddīquī, Irfān Ḥassan, „Adl: A Collective Social Responsibility (Lahore: Feroz Sons,1993), 209. 96


Ṣaḥīḥ Muslim, Ḥadīth no.2375 98

Quṭub, Social Justice in Islam, 53. 99

Irfān, „Adl: A Collective Social Responsibility, 209.


Qurānic verses and the traditions of the Messenger of Allah guide us towards equality and

unity. Basically, it was the change paradigm. Before Islam, in Jāhilīyyah there were many

differences between human beings, but Islam eradicated all the discrimination and considered

them equal as a human being. Irfān Ḥassan observes;

“Before Islam the humanity was divided into many folders, the man and

woman, the rich and poor, the lord and slave, the black and white but Islam

eradicated and eliminated all these unethical and inhuman behaviors. Islam

measures all humanity equal in this world and also in the world hereafter”.100

The Prophet ملسو هيلع هللا ىلص strictly eradicates and prohibits all bad traditions and evil conducts

of the age of ignorance (Jāhillīyyah) in his last sermon. The Prophet ملسو هيلع هللا ىلص announces on the

day of „Arafah (Ḥajj), “Beware! All things pertaining to the Days of Ignorance (Jāhilīyyah)

are under my foot, absolutely eliminated”.101

Allah declares in the Quran;

“O mankind! We created you from a single (pair) of a male and a female, and

made you into nations and tribes, that ye may know each other (not that ye

may despise. Verily the most honored of you in the sight of Allah”.102

Islam does not limit this quality of equality but declares it as a charter of human freedom in

the universe. The Messenger of Allah ملسو هيلع هللا ىلص announces in his last sermon;

“O, people! Your lord is one, your father is one. So, be aware, there is no

superiority of an Arab over non-Arab, white over Black and Red over Black

except for piety (al-Taqwā)”.103

Every person in Islam is equal before the law and does not have any priority for

others. A historic incident in this regard is, a lady of the honorable tribe of Quraysh was

caught while stealing, and according to the Islamic law the Ḥadd (Capital Punishment) was

announced. Meanwhile, the leaders of the tribe approached the Prophet ملسو هيلع هللا ىلص, Ḥaḍrat Osāmah

bin Zayd for her release. When the Messenger ملسو هيلع هللا ىلص heard this favor, he got angry and said;

“The people before you were destroyed because whenever a rich amongst

them committed theft, they set him free. But if a poor person committed theft,

they would carry out the sentence on him. By Allah in whose hand is the soul

100

Irfān, „Adl: A Collective Social Responsibility, 210. 101



Musnad -e- Aḥmad, Ḥadīth no.23536.


of Muhammad, if Fatimah daughter of Muhammad had committed theft, I

would have ordered to cut off her hand”.104

This is an admirable example of the equality before the law. We see many examples from

Prophet‟s Nobel conduct and golden era of the righteous caliphate in Islamic History. In fact,

Islam has a complete system of social and economic justice, including regular charity for the

welfare of the Muslim community and for non-Muslims (minorities) as well.

4.1.3. Religious Impacts of the Islamic Freedom: The religious or moral impacts

of Islamic freedom of expression on society are vast. Islam plays a dynamic role in social,

economic and moral transformation of human beings but other religions are collections of

some human traditions, rituals, virtues and worships. The word religion is usually applied in a

relatively limited range of meaning. In Islamic perspective the religion is a code of life and

bases of every social and political change in the society and the state. The concept of religion

is totally different from Dīn. Consequently, Almighty Allah declares it in the Quran likewise;

“Surely the (true) religion (way of life) with Allah is Islam”.105

Imām Qurṭabī understands this verse of the holy Quran as following; “The religion (al-Dīn)

means in this verse the total submission and the complete way of life”.106

In this sense the role

of Islam is not limited to personal life but plays an active role in public and collective

spheres. Mr. Zamīr Akram Khan writes, “It is wrong to name Islam only as a religion. It is a

Dīn which means an absolute system of life. In other words, Religion treats only the private

matters of life, whereas Dīn deals with all phases of life, personal as well as public”.107

Some

people have wrong interpretation or ignorance about Islamic teachings. They consider Islam

as a religion like others. It has some prayers, rituals and customs. I think it is the biggest

misconception about Islam. Islam is a religion as well as system and complete code of life.

On these foundations and arguments Islam demands an international sociopolitical role and

part in international politics. May be someone understands it and ignore it as my personal

judgment but I am affirmed and Islamic history is eye witness of that fact.

If Islam is declared by Allah a complete and absolute way (conduct) of life, then the

Prophet Muhammad ملسو هيلع هللا ىلص is declared a model of excellence for humanity in all matters till

the Day of Judgment. Without complete guidance of the prophet ملسو هيلع هللا ىلص Islamic teachings are

104

Nasāī, Abū„Abdullah, Shoai‟b bin Aḥmad, Sunan Nasāī (Riyadh: Darussalam, 2008), Ḥadīth no.4898. 105

Sūrah Āl „Imrān 3:19 . 106

Qurṭabī , Tafsīr al-Qurṭabī,2:134. 107

Khan, Zamīr Akhtar, “Islam: A Dīn Not Mere Religion”, The Dialogue 4:1(2014):97-109.


not final and comprehensive. The Creator of this universe declared the Prophet ملسو هيلع هللا ىلص last and

complete model of excellence. Many verses of the Wise Quran announce this reality in sound

words. Therefore, Almighty Allah says about this model of excellence;

“Certainly you have in the Apostle of Allah an excellent exemplar for him

who hopes in Allah and the latter day and remembers Allah much”.108

Consequently, the obedience of the beloved Prophet ملسو هيلع هللا ىلص is recommended as the obedience

of Almighty Allah. This divine character leads the Prophet ملسو هيلع هللا ىلص on world history as the most

successful person in both public and private spheres. The believers and disbelievers both are

obliged to accept the dignity of Muhammad ملسو هيلع هللا ىلص. Thus a neutral Christian critic like

Michael H Hart admits;

“My choice of Mohammad (ملسو هيلع هللا ىلص) to lead the list of the world‟s most

influential persons may surprise some readers and may be questioned by

others, but he was the only man in history who was supremely successful on

both the religious (individual) and secular (Public) level”.109

In this way, the Prophet ملسو هيلع هللا ىلص and his teachings have key importance in the Islamic discourse.

And every Muslim believer is bound to follow them completely, otherwise he will divert

from the true path of Allah.

Due to its active role and dynamic approach, Islam highly influences the society and

changes the so called parameters of the social and political life. Basically Islam wants a role

and right in social and political activities. According to a researcher views; “The spirit of

Islamic thought consists of the plan that it is not sufficient to perform Islam only in the

private life, but that the wisdom of the Quran and Sunnah require also be applied in their

entirety in the societal, and political spheres of life”.110

How this Islamic approach influenced

the social and public life of the human being in the history. The fourteen years of the

brightened history of Islamic thought is true witness of this influence. History cannot neglect

the Muslim contribution in the development of this world. In the following lines I will

briefly try to elaborate the most important religious impacts of Islamic freedom (including

freedom of expression and speech) on the society.

108


Michel, The 100:A Ranking of the Most Influential Persons of History, 37. 110

Zamīr, “Islam: A Dīn not a Mere Religion”,99.


I. Protection of Human Dignity: The dignity of man in Islam has great importance and

significance. Many rights and liberties in Islam are granted by Almighty Allah due to this

dignity. As a result the concept of freedom in Islam has a direct relation with human dignity

and has many impacts. Hence, in the Islamic context, scholars agreed that human rights and

personal liberties are the manifestation of human dignity. According to Muhammad Hāshim

Kamālī‟s; “Human rights (and as well civil liberties) are the expression of Human dignity.

The legal declarations on the rights of citizens are the way of keeping the dignity and value of

the human being”.111

It elaborates the fact that the human rights are the earning of dignity.

The Islamic concept of rights and liberties are based on the human dignity and respect

that is granted by the blessing of the Creator of the humanity, Almighty Allah Himself.

Contrary of it, in the West, all the human rights and liberties that are intrinsic in humanity or

achieved by historical human efforts, such as liberty, equality and right to individual safety

are the ultimate result of human honor and dignity. Therefore, Islamic fundamental sources

as Quran and Hadīth of the Prophet ملسو هيلع هللا ىلص keenly focus and stress on the personal dignity of

man. At that point, Allah says about human dignity in the Quran as;

“Surely We have honored the children of Adam, and We carry them in the

land and the sea, and We have given them of the good things”.112

„Allāmah Ibn „Āshūr states about this verse of the Quran mostly likely, “Certainly, honor and

dignity in this noble verse refers to Banū Adam (the children of Adam), means the whole

human being”.113

Before the advent of Islam, in the age of Jāhilīyyah the human respect was

classified into many levels as race, language, caste etc., but Islam eliminates these

discriminations. Almighty Allah created the man in his complete structure and perfect shape

and then ordered the angles to bow him. Here, Almighty Allah affirms in the Holy Quran;

“And surely, We created you (your father Ādam) and then gave you shape

(the noble shape); then We told the angels, Prostrate yourselves to Ādam”.114

Allah declared the human being as His vicegerent in this universe. Dr. Kamālī commented as;

“Another related aspect of the dignified image of the man in the eyes of his

creator is His appointment of man as God‟s vicegerent on the earth and the bearer

111

Kamālī, Muhammad Hāshim, The Dignity of Man (Cambridge: Islamic Text Society, 2002), IX. 112


Ibn „Āshūr, „Allāmah Ṭāhir, al-Taḥrīr wa al-Tanvīr (Tunis: Dār Tunīsiyyah, 1984), 15:164. 114

Sūrah al-A„rāf 7:11


of His trust. The Man‟s mission as vicegerent on the earth is to build the earth

and established the justice order in accordance with His will and Sharī„ah”.115

This is a special selection and gift from the Almighty to the human being. Allah declares it

as; Moreover, Allah granted him a special responsibility on the earth;

“Surely, We offered the trust to the heavens and the earth and the mountains,

but they refused to be unfaithful to it and feared from it”.116

It is an expression of complete trust in human being from Almighty Allah due to its

importance. Ḥāfiẓ Ibn Kathīr comments on this Ayah of the Quran, “Amānah means Trust.

Allah offered it to the heavens and the earth and the mountains, if they fulfill its

requirements, He would reward them; and if they failed, He would punish. They refused to

take it. Then Allah offered it to Ādam (human being), and he received it with all its

demands”.117

This verse shows that the trust and responsibility is due to human dignity

otherwise the heavens, mountains and earth was more powerful than human being.

In Islamic context no one has any special status in the eyes of Sharī„ah due to its

social, economic or political status. Many Aḥādīth of the Messenger of Allah lead us towards

this issue. In Islamic Sharī„ah the acceptance of any worship or action is not related to the

physical or economic appearance. According to Weerametnry; “Since, all people are brothers

and sisters and all being the children of Ḥaḍrat Adam (AS), there could be no affront to the

human dignity without an affront to the dignity of all”.118

A Hadīth of the Nobel Messenger of

Allah ملسو هيلع هللا ىلص goes to this most important issue," Allah created Adam in His picture and in

another narration or on His shape”.119

Hence, for that purpose the Prophet ملسو هيلع هللا ىلص prohibited

to punish anyone in the face of man. Actually it is respect and dignity of a person in Islam

from the Lord of this universe, Allah. Once the kindest Prophet of Allah, Muhammad ملسو هيلع هللا ىلص

taught us likely, “Do not strike in the face because human is created on the image of God”.120

Dignity of man is a sociopolitical factor and it plays an important role to maintain

social and political order of the society. Actually, it is the reputation of a person which stands

it for a noble and decent character and cause. In other words, personal dignity means

115

Kamālī, The Dignity of Man, 11. 116


Ibn Kathīr, Tafsīr Ibn Kathīr, 6:488. 118

Weramantry CG., Islamic Jurisprudence: An International Perspective (UK: Macmillan,1988), 64 . 119


Mu„jam al-Ṭabrānī al-Kabīr, Ḥadīth no.13413.


reputation or character which has much significance to establish social justice in society. It

plays a vital role to transform the society according to a model and welfare society.

Therefore, the establishment of justice and Shahādah al-Ḥaq is a collective responsibility of

Muslim Ummah, as Allah says in the Quran;

“And thus We have made you a just nation that you may be the bearers of

witness to the people and the Apostle may be a bearer of witness to you”.121

Syed Quṭub comments on this verse of the Quran, “The term (ة وسطا the Nation of the) (أم

middle way) tells a very broad sense here. The Muslim Ummah, or community, according to

the Qurānic term, is a center of the nation which stands as an observer against other nations

and communities of the world in the logic that it sustains and protects the justice and equality

for all humanity”.122

Hussein Muẓaffarī argues; “The right to search gladness is the most vital

aim of human life and hence human rights and basic liberties cannot bring an upright life

without chase of such a goal”.123

The pursuits of happiness cannot be achieved without freedom. In Islamic concept of

human dignity, the personal freedom of mankind has special value. Sheikh Muhammad al-

Bahī states; “The dignity and personal honor of man is marked, maybe more than something

else, in his liberty of conscience, thought, moral independence and judgment”.124

The

freedom is a precious gift of Allah, hence the prominent Muslim scholars and jurists

considers it the basic principle of Islamic Sharī„ah. „Abdul Qādir „Awdah comments;

“Ḥurrīyah (Freedom) is one of the foundational principle of Islamic Thought and it gets one

of its charming and inclusive expression in the Islamic Sharī„ah (Law)”.125

Here, Fathī

Uthmān Muhammad states, “Islam blessed the personal freedom and formulates it the

essential part of the believer. Fear is payable only to Almighty Allah, not to anyone else”.126

This egalitarian and communitarian approach of Islamic freedom and dignity totally

different from the Western concept of secular liberty. It is necessary to adopt a balanced

attitude towards freedom.

II. Religious Freedom and Interfaith Relations: Interfaith liberty, harmony and peaceful

relationship with others are one of the most imperative impacts of the Islamic freedom of

expression and thought. Primary Islamic sources and Fiqh literature deeply focuses on

121


Qutub, Tafsīr fī ẓilāl al-Quran ,1:194. 123

Muẓaffarī, Hussein, “The Concept of Human Dignity in Islam”, Al-Ḥikmah 4(2009):8-17;

http://hekmat.ca/en/issue_04/content/54. 124

Bahī, Muhammad, al-Dīn wa al-Da„wah min Tawjīhāt al-Quran (Beirut: Dār al-Fikr,1971),565. 125

„Awdah ,„Adu al-Qādir, al-Tashrī„ al-Jināī al-Islāmī (Beirut: Mu‟assisah Risālah,1983),1:29. 126

Fathī, Uthmān M, Al-Fard fī al-Mujtami„al-Islāmī (Cairo: al-Majlis A„lā li-al-Sunun, 1962), 27.


freedom of religion of other faiths. The fundamental and policy principle of this issue is

provided by the Quran and the sacred traditions (Ᾱhādīth) of the Last Messenger of Allah

and later on the righteous caliphate ملسو هيلع هللا ىلص The golden era of the caliphate of the Prophet .ملسو هيلع هللا ىلص

as a system of government is witness of it. The Nobel verses of the Quran also clearly state it.

One of them is the unique verse of Surah al-Tawbah;

“There is no compulsion in (Acceptance or rejection of any) religion. Verily,

the Right Path has become distinct from the wrong path”.127

The Wise Quran interprets the different reason of the revelations of this verse. One of them

is; “Some Companions of the Prophet ملسو هيلع هللا ىلص wanted to compel their non-Muslim relatives to

accept Islam. It was at this moment that the above verse was revealed, and the Messenger

directed his followers not to force anyone, but to give them the freedom to choose what ملسو هيلع هللا ىلص

religion they desired to accept”.128

There is no pressure or acceptance of Islam by force in

Islamic teachings and Islamic history also. Some Western people spread this leashed

propaganda against Islam. The Qurānic verses reject this fake and fabricated concept about

Islam. Allah gives complete choice to anyone to accept or reject his faith;

“Say, the truth is from your Lord: Let him who will believe, and let him who

will, reject: for the wrong-doers We have prepared a Fire whose, like the

walls and roof of a tent will hem them in”.129

A well-known Islamic scholar Prof. Dr. Muhammad Abū Zuhrā‟ views it as; “In this way (to

give choice of acceptance and rejection), Islam makes an independent option, free from any

compulsion, as the basis of faith. (So, we can say) the foundations of option should be sound

without any type of compulsion”. Consequently it is the primary code of the Holy Quran that

it does not impose on any one to accept the religion of Islam. On these valid grounds

Muhammad al-Ghazālī articulates; “This is a recognized, firm and unchangeable Islamic law

in the Quran that, „there is no compulsion in faith”.130

Islam not only dislikes the compulsion of religion, but also protects the right of

freedom of faith and religion of every one. The renowned classical theologian, Ibn Qudāmah

al-Muqaddasī writes: “This is not allowed to force a non-Muslim to embrace Islam. For

127


Rashīd, Razā, Muftī, Tafsīr, al-Manār (Beirut: Dār al-Ma„arifah,1324 AH),3:37. 129

Sūrah al-Kahf 18:29. 130

Al-Ghazālī, Muhammad, Al-Ta„ṣṣub wa al-Tasāmuḥ bayna al-Islam wa al-Masīḥīyyāh (Cairo: Maktabah al-

Usrah, 2005),78.


example, if a disbeliever is compelled to believe in Islam, he will not be counted as a Muslim,

except it is recognized that his consent is a result of his own decision. If the concerned person

passes away before his free acquiescence, he will be counted as a disbeliever. The solid

reason for the prevention of force here are the words of Almighty Allah that there is no

compulsion in religion”. 131

No Muslim state, group or an individual can force a non -Muslim

to accept Islam in any case. Muhammad Fathī Uthmān declared it more cogently; “No

authority of any sort in the Islamic state may be engaged to force people to accept Islam. The

basic task of the Islamic state, in this view, is to observe and avert the powers which may

seek to refute the public their right to liberty of faith and copiousness”.132

The Islamic law

protects the religious belief of non-Muslim minorities‟ same like as the Muslims. A reputed

contemporary jurist „Abd al-Wāḥid al-Wāffī commented;

“Islam recognized this principle and advised his supporters to deal

disbelievers similarly. The Prophet ملسو هيلع هللا ىلص and his followers adopted this

attitude in their conducts because compulsion is not rationally in matter of

faith as creed is an emotional measurement unidentified and unrestrained by

other people, not outside force can amend or eradicate it”.133

The protection of disbeliever‟s faith and political allies has been also a political

strategy of Islam from its foundation. The first written constitution of the world, known as

Mīthāq al-Madīnah is its excellent example. The 25th

clause of the constitution of Madīnah

accepts the right of religion and Faith of the Jews of Madīnah, which is the solid proof of the

religious liberty in an Islamic state. According to Muhammad Ḥamīdullah Research; “And

the Jews of Banū „Awf shall be considered as one political community (Ummat) along with

the believers-for the Jews their religion, and for the Muslims theirs, be one client or

patron”.134

On the behalf of this charter „Alī Muhammad al-Sullābī commented alike:

“This charter announced that the right of all kind of freedoms and liberties are

secured including freedom of religion and faith or right of peace. The freedom

of religion granted under the promise that the Jews have their religion and the

Muslim has their religion”.135

Therefore, freedom of religion is the necessary part of all contemporary Muslim states. The

legal discourse of Pakistan is considered as the best Islamic piece in Islamic world. The

131

Ibn Qudāmah, Al-Mughnī Al-Kabīr,8:144. 132

Fathī, Uthmān Muhammad, Ḥuqūq al-Insān Bayna al-Sharī„ah al-Islāmīyyah wa al-Fikr al-Qānūnī al-

Gharbī (Beirut: Dār al-Shurūq,1982), 91. 133

Wāffī, „Abdul Wāḥid, Baḥuth fī al-Islam wa al-Ijtima„ (Cairo: Maktabah al-Risālah,1977), 64. 134

Ḥamīdullah, Muhammad, Majmu„ah al-Wathāiq al-Sīyāsīyyah (Beirut: Dār al-Nafīs,1987), 61. 135

Sullābī, Ali Muhammad, The Nobel Sīrah of the Prophet ملسو هيلع هللا ىلص( Riyadh: Darussalam,2005),2:213.


constitution of Pakistan on one side represents the Islamic teachings and on other side it

shows its commitment to the modern rights and liberties with reference to Islam. Hence,

according to the prevailing constitution of the 1973 of the Islamic Republic of Pakistan;

“(Freedoms of expression) is with Subject to law, public order and morality.

A. Every citizen shall have the right to profess, practice and propagate his

religion, B. Every religious denomination and every section thereof have the

right to establish, maintain and manage its religious institutions”.136

Moreover, the other countries of the Islamic World include the theocratic kingdom of Saudi

Arabia. Hence, we can say undoubtedly that Islam was the first religion of the world who

grants the religious and faith freedoms openly since foundations. The Nobel era of the

Prophet ملسو هيلع هللا ىلص, the righteous caliphate and as well the later on Islamic states and kingdoms are

the historical witness of it.

Islam grants fundamental rights to the non-Muslims believers in the context of

religious freedom. One of the most important rights to grant disbelievers is equality. This

imperative Islamic role is not limited to the Muslims but to all minorities;

“O mankind! We created you from a single (pair) of a male and a female, and

made you into nations and tribes, that ye may know each other (not that ye

may despise. Verily the most honored of you in the sight of Allah”.137

The Prophet ملسو هيلع هللا ىلص clearly announced at the day of Last sermon;

O, people! Your Lord is one, your father is one. Be aware, there is no superiority of

an Arab over non-Arab, White over Black and Red over Black except for piety”.138

Imām Shawkānī remarks; “By saying „O mankind, we created you from single pair, the sure

meaning is that they are equal because they are connected to the same parents. Being united

by a single father and a mother there is no room for self-adoration among them”. 139

Every successful society and state keenly focuses on provision of equal justice

because without reasonable justice societies and states cannot be succeeded. Thus, Provision

of Justice is another key factor in Islamic perspective. As well, Islamic history is eye witness

of this fact. Therefore, Justice is provided by Islam without any discrimination and prejudice

of any kind. In the Quran and Ahādīth of the Prophet ملسو هيلع هللا ىلص this matter is discussed as core

136

The Constitution of the Islamic Republic of Pakistan,1973 ( Islamabad: Updated Version,2012), Article no.

20,Section (A&B),12;www.na.gov.pk/uploads/documents/1333523681_951.pdf 137


Musnad-e-Aḥmad, Ḥadīth no.23536 . 139

Shawkānī, Muhammad bin „Alī, Fatḥ al-Qadīr (Beirut: Dār Ibn Kathīr, 1414AH),5:95.


issues of the Islamic state and society. In Islamic state and society every citizen, especially

Muslim believer, is spiritually recommended to stand with justice at all. Therefore,

Almighty Allah firmly ordains in the Holy Quran;

“O believers, Be upright for Allah, bearers of witness with justice, and let not

hatred of a people incite you not to act equitably; act equitably”.140

The Prophet ملسو هيلع هللا ىلص gave special direction on treatment of the non-Muslims including the Jews

for justice and other rights. For that purpose Islam presents the peace agreement with

disbelievers known as Ahl al-Dhimmah. The Messenger said about this peace treaty;

“Whosoever causes breech of my guarantee, I shall be his opponent on the Day of Judgment,

and whosoever oppose me, I shall defeat him”.141

Therefore, we find special orders of

treatment in affairs with disbelievers in good manners. Islam ensures all kind of right to non-

Muslims and bounded these things with ethical and religious teachings as well as legal and

constitutional bonds. The first Islamic state of the prophet ملسو هيلع هللا ىلص, Madīna is the excellent

examples of this matter.

The Islamic teachings disclose that Peace and security is another right of the

disbelievers and duty of Islamic State. Accordingly, Islam provides peace and security to

everyone without any discrimination. Allah commands the Muslims;

“If one amongst the Pagans (disbelievers) asks thee for asylum, grant it to

him, so that he may hear the word of Allah; and then escort him to where he

can be secure. That is because they are men without knowledge”.142

Thus, Prophet ملسو هيلع هللا ىلص expressed; “Whosoever kills a Dhimmī (a non-Muslim under the

protection of an Islamic state) shall never smell the fragrance of Paradise, indeed its

fragrance come from a distance of forty years”.143

Hence, it can be imagined how Islam

provides peace and security to non-Muslims (minorities) of an Islamic State and society

under its special guarantees and protection.

Islam promotes harmony and tolerance between Muslims and non-Muslims for social

and political stability. It opens the door of dialogue and discussion with people of the Book;

140

Sūrah al-Māedah 5:8. 141

Al-Ṭabrānī, al- Mu„jam al-Kabīr, Ḥadīth no.1668. 142

Sūrah al-Tawbah 9:6. 143

Ṣaḥīḥ Bukhārī, Ḥadīth no.3166.


“O People of the Book! Come to common terms as between us and you: That we

worship none but Allah; that we associate no partners with Him”.144

Here, Syed al-Jālīnd firmly argues, “This should be inclusive and guarded with soft heart, fair

tongue and sweet words, so that the dialogue proves fruitful and achieves its objectives”. 145

This means Islamic teachings calls to the non-Muslim minorities for common good and to

play an inclusive role in national development with open heart and respected environment.

Islam does only grants then rights and liberties but recommends some duties and

responsibilities on minorities in this regard.

In addition, Muslim history of dialogue and debate with other religion is a solid proof

of religious freedom, harmony and tolerance with others. Therefore, Muhammad Hāshim

Kamālī rightfully transcribes, “Every Person must have liberty to hold and practice his belief

without any fear of, or intrusion from, others. The Freedom of religion in its Islamic

perspective also involves that non-Muslims are not forced to accept Islam, nor are they

stopped from practicing their own religious rituals”.146

Hence, on the grounds of sufficient

previous arguments and discussion we can claim that Islam is a religion of reason and

dialogue and promotes liberty of faith, peace, security, justice and equality to the non-

Muslims minorities without any discrimination and prejudice.

144

Sūrah Āl-„Imrān 3:64. 145

Al-Jalīnd, M. Syed, Dirāsāt fī al-Fikr al-Islāmī (Beirut: Dār Thaqafa al-„Arbiyyah, 1996), 177. 146



4.2. Impacts of Western Freedom of Speech on Human Society:

Western thought is a manmade notion and has become a religion opposite to the religions all

over the world commonly and in the Western world especially, in the contemporary era. As

we have mentioned it before that this thought is characterized by three fundamental elements;

Secularism, Judeo-Christian tradition (The amended Christianity and Judaism) and the

Roman–Greco philosophy. Consequently, this is the spotters of secularism and open

opponent of revealed religions, particularly the Islam. It is also a historical truth that the

Judaism and Christianity have reconciled with secularism in the adversary of Islam.

According to a Christian scholar‟s views;

“It would show that the war of ideas between Christianity and secularism has

been succeeded by the secularists. In their views Christians have mostly recoiled

from the political field and they observe this as proof for the failing of the

Christian belief. Many Muslims notice secularism as a big hurdle of religion”.147

Although, it is not part of the discussion, but just for background information, how the

Christianity and Judaism played its role to promote the secularism due to Islamic enmity. An

eminent Muslim scholar Dr. Ghulām Gīlānī Burq articulated; “The Western secularism has

very interesting history. In the middle ages, the European Priests painted the Islam as devil

and badly presented the teaching of Islam and the Sīrah of the Prophet ملسو هيلع هللا ىلص for the Western

nations. As a result, the major element of the Crusade was this hostile behavior of the

Christianity towards Islam”.148

It has also been observed through historian that the mental illness and narrow minded

approach of the Christian priests is also another element of the development of secularism.

Muhammad Yūsuf Gūrāyyah expressed his views;

“The limited religious approach of Priests had no cure of the spiritual illness

of humanity. Due to this narrow view and adversary of the scientific

knowledge and inventions made the Priest outside from the public affairs.

Therefore, after the separation of Church from public affairs, the human

rationale becomes the alternate of divine instructions and the religion is

limited to the personal life and rituals”.149

This means the secularism is not alone responsible for this notorious change but the activities

of church have also its part.

147

David Philip, “The Pressure of Secularism”, The Cross Way 101(2006):1-3;

www.churchsociety.org/crossway/.../cway_101_secularismpressure.pdf. 148

Burq, Ghulām Gīlānī, Ilḥād-e-Maghrib aur Hum (Lahore: Al-Faisal Publishers,2014), 5. 149

Barq, Ilḥād-e-Maghrib aur Hum, 7.


Accordingly, its influence is much notorious due to this joint venture of Christianity

and Judaism. Human history is an evidence of it that only secularism could not become solely

supreme in the world but it attacked religion with weapons of rationality. According to the

scholarly views of Mubasshir Nazīr;

“We know from the universal historical record that the secularism could never

become a power in the world of ideas in the past. The religion of secularism has

achieved power in the contemporary ages, when the majority of world‟s nations

adopted it as a system of life and its impacts can be seen all over the world”.150

Subsequently, now they are implementing it forcefully in the Western societies as well in the

East through their dummy governments. David Philip concedes;

“There is enduring pressure within the Britain to make ourselves a secular

community. This appeared itself in different conducts containing the ongoing

debates about the position of religious institutes and even the loyalty oath. But

secularism creates an apprehension for the Christian because it wants that we be

formed of the world‟s mold (secularism)”.151

As a result the whole Western community and the other nations are under the threat of

Western secular thought. They want to shape this world according to their whims and

wishes. Islam is the special target of Western secularism and it is rapidly working and

influencing against it. Barq writes; “The Western ideological attacks on the Islam are

continuing from 200 (we think from 300) hundred years. As a result, our pillars of faith have

reached near to death. The great sources of light and energy have dried and we have become

the ancient relics. Today‟s the religion has become humiliated target of every devil. The son

of Ādam has become confused and weak”. 152

The extreme love of materialistic life makes

the West a society of devils. Here, Allāma Muhammad Iqbāl, the Poet of the East draws a

true picture of the Western thought and Civilization in an actual and beautiful way in his

dynamic and revolutionary poetry;

“O, devils of the West, thinks the God‟s town is not a shop

the business you understand is that now it will be less rare”153

150

Mubasshir Nazīr, Ilḥād-e-Jadīd kay Muslim aūr Maghribī Mu„āshirūn per Athrāt (Lahore: MN Publications,

2003), 4; http://www.mubashirnazir.org/ER/L0001-00-Ateism. 151

Philip ,The Pressure of Secularism, 2. 152

Burq, Ilḥād-e-Maghrib aur Hum, 8. 153

Iqbāl, „Allāmah, A Voice from the East (Payām-e-Mashriq) (Lahore: Metontile Electric Press, 1922), 39.


Due to its notorious impacts the crime rate and suicide rate are increasing day by day in the

Western world despite prosperity? Many Islamic scholars and experts have repeatedly

warned about this issue. One of them is Professor „Abd al-Jabbār Shākir analysis;

“The big dilemma of the West is that they have insufficient faith, spirituality and

ethical values. The West has a large number of human development resources but

instead of it their society is going to decline. The animal culture has involved in their

societies as a result the fluid of evils has over flown them”.154

Due to this flood of evils, mental illness and lack of religion they have failed to cure

their societies. This materialistic thought has no healing for human grieves but this atheist

civilization has snatched the last support of the afflicted human being, which is God. God is

the last refuge of the human being from worldly sufferings and difficulties; The Bible

expresses the feelings of Jesus in these words; “Save me o Lord because I have come to you

for shelter. I said to him “you are my God! I have no other support but yours”.155

The Quran

teaches us to establish relationship with Allah, the Creator;

“Say, O my Servants who have transgressed against their souls! Despair not

of the Mercy of Allah: for Allah forgives all sins: for He is Of-Forgiving”.156

Man is compelled to think about this fact that the human being‟s ultimate peace and shelter is

God‟s sent religion not manmade artificial supports, thoughts and isms. Hence, the prominent

Islamic scholar Prof. Dr. Ṭāhirah Bashārat rightly comments;

“The most vital character of this faith is that one gets peace with the condition when

his belief in God remains fixed, since he can evaluate that the eventual authority and

destiny residues only in the power of the Divine Command and His shelter can only

offers peace, certainty and motivation”.157

As for as I think, the Western thought does not support these arguments but

condemns them and builds human structure on secularism and materialism, which demolishes

divine objectives of human beings.

4.2.1. Political Impacts of Western Liberty: The most imperative influence and

profound impact of the Western freedom are on politics, because it firmly stands on politics.

The Western political system has deep roots in Greco-Roman political philosophy. Before I

mention the political impacts of the Western thought it seems necessary to point out the brief

154

Fārūq, „Adul Ghanī , Yeh hay Mgharibī Tehdhīb (Lahore: Kitāb Sarā‟iy, 2007), 7. 155

Luke 4:8. 156

Sūrah al-Zumar 39:53. 157

Ṭāhirah Bashārat, “Religion: The Ultimate Peace for Humankind”, al-Aḍwā‟ 34:25(2012):41-90.


history of the Western politics, especially the history of Roman Empire which concern to us.

In 350 CE when the Constantine compelled to embrace Christianity because the majority of

Western people accepted the Christianity as a religion. After this sudden change the

Christianity was declared the state religion and Roma as Holy Roman Empire under the

supervision of the Church. According to renowned Muslim scholar Ghulam Gīlānī Barq

research on Western civilization and thought;

“The Constantine first adopted a village Byzantium as capital of Roman State

which was declared Constantine city due to the king name. This branch of

Roman kingdom was alive till middle of the 15th century and at the end the

Turkish Sultan Muhammad al-Fāteh conquered it in 1453 CE”. 158

After it, many kings came and left and the political role of the Church and Pope

increased day by day. Even that, the time came, when no king could be selected and

governed without permission of Pope and church authority. Dr. Gīlānī stated similarly; “The

power of Roman Pope was started after the decline of Roman Empire in 955CE. In the era of

rising, many other countries as France, Germany, Austria, Yugoslavia, Britain, Italy, etc. was

the part of it. With the passage of time this kingdom was increased and decreased due to

many reasons”.159

The Romans was not united in the history for a long time and as well they

were only united against Islam at the time of the Crusades, under the hostile preaching of

European Priests. This war was fought on the name of religion but at the end the result was

different because they failed to save religion. So, after the West was deeply influenced from

the spirit, administration and resources of Islam. What was the position of Europe before

Renaissance? A renowned Western historian Briffault wrote in the making of humanity too;

“It is in the first three centuries of the current millennium that the revival of

West occurred. The term Renaissance related to the Italy and Italian culture of

the 15th

and the 16th

centuries is a misnomer embossed upon our ideas by the

mores of that society itself”.160

In addition, the evil was presented in the name of virtue and politics have become the

business of false hood and lies. It is a historical truth that, although the wars and peace have

been the part of Muslim and Roman Empire since the time of the Prophet ملسو هيلع هللا ىلص but the

original confrontation between the West and Islam started from Spain under the Banū

Omayyad caliphate.

158

Barq, Ghulām Gīlānī, Islam key Europe per Iḥsānāt (Lahore: Faisal Publishes, 2011), 34. 159

Barq, Islam key Europe per Iḥsānāt,64. 160

Briffault, The Making of Humanity,222.


The most of the Europe was the student of Ibn Rushd‟s161

philosophy in Muslim

Spain, which became the basis of Renaissance in Europe. According to Rena Dossett views;

“Allāmah Ibn Rushd‟s research gives us the basics for early reason based

contemplation in the medieval ages of Europe. His comprehensive approach was

incredibly similar to Saint Thomas Aquinas in insightful means”.162

It is also important to know what Ibn Rushd said about reason and faith. Actually, Ibn Rushd

wanted to reconcile the faith and reason. As it has been mention before, in his academic

work; “Reason is the most excellent gift of God to human kind. Being God‟s award to Man,

Reason‟s first benefit should be submission to Allah in His commands and preventions.

Obviously, this means, if Allah granted us Reason then the Reason and Waḥī make the equal

source and the both must be in agreement and cannot be in disagreement”.163

The historian

also recorded that later on, the interaction at social political and community level was

happened during the time of the crusade wars. Although, the West was defeated in the battle

field but he learned much from Muslims and became winners in the field of civilization. Le

Bon commented as; “The impact of orient on the civilization of occident was very great

thanks to the Crusades”.164

In the following point I will try my best to analyze the top most

political impacts of the Western thought and civilization.

I. Secular Democracy as Political System: The first ever and most imperative impact of the

freedom of expression on Western thought and civilization is democracy. According to Tom

Palmer views about Democracy; “A democratic system is not practical and constant if public,

as well as, the primary opponents of the government in power require the rights to freedom of

expression. A democracy wants the leaders to complete their promises to esteem individual

rights”.165

Democracy allows people to elect their representatives as they like and wish but in

the third world countries are particularly progressive, and developed countries in general, it is

observed that the big political parties hire media and publicity companies to run their political

campaigns. Is it not a pre-pole rigging and a way to affect the result of free choice and free

selection of their representatives? In general meanings the freedom of consultation or right to

161

Ibn Rushd’s Philosophy: Abu al-Walid Muhammad bin Ahmad Ibn Rushd, was born in 1126 and died in

1198.He was a renowned Muslim philosopher and jurists of the Islamic West of al-Andulus (Spain).The

scholars noted his deep influence on the western thought and its reformation. He is known in west as Averroes

.Some books of Ibn Rushd have been taught in the West after renaissance. 162

Rena Dossett , “The Historical Influence of Classical Islam on Western Humanistic Education”, IJSSH

4:2(2014):82-92; www.ijssh.org/papers/324-A00004. 163

Maqdasī G., The Rise of Colleges: Institutions of Learning in Islam and the West (Edinburgh: University

Press, 1981), 256. 164

L. B. Gustave, The World of Islamic Civilization (New York: Tudor Publishing & Co., 1974), 334. 165

Tom G. Palmer, “Democracy and the Contest for Liberty”, Northwestern University Law Review

102(2008):443-448;www.cato.org/articles/democracy-contest-liberty.


vote means every human being has right to vote without any discrimination and restraint. The

Oxford Dictionary of Advance English defines the term vote as; “The formal choice that you

make in election or in a meeting in order to choose representative or to decide an issue”.166

Encyclopedia Americana defines the voting/election in this way: “a procedure for choosing

for officers or making binding decisions concerning policy by the vote of those formally

qualified to participate”.167

According to the World Book Encyclopedia; “It is method by

which group of people make decisions. In most countries, people vote to choose government

officials and to decide public issues”.168

In modern sociopolitical scenario, the right to vote or

becomes a precious right and system of government, in all over the world. Universal

Declaration on Democracy (UDC)169

declares;

“Democracy is a universally recognized ideal as well as a goal, which is based

on common values shared by peoples throughout the world community

irrespective of cultural, political, social and economic differences. It is thus a

basic right of citizenship to be exercised under conditions of freedom,

equality, transparency and responsibility”.170

The Western scholars claim that the democracy has deep roots in ancient Greek and

Roman empires since the centuries BC. According to the Encyclopedia Americana;

“Although, it often asserted that the democracy was created in the Greek before the years 500

BC. It is very likely that the democratic system in the broad sense were existed in several

areas of the world before this time”.171

But it is not true because the high mind of the Western

thought, Plato rejects it in his historic book “The Republic”. Plato comments about

democracy; “Democracy... is a charming form of government, full of variety and disorder;

and dispensing a sort of equality to equals and unequal‟s alike”.172

Obber analyses likewise;

“Plato (the Republic), along with other ancient and modern critics, argued that

democracy‟s commitment to liberty and political equality necessarily leads

citizens to pursue arbitrary desires rather than real interests, and to make

choices based on false opinion rather than knowledge”.173

166

Palmer, Democracy and the Contest for Liberty, 449. 167


Nault, The World Book Encyclopedia, 10:449 . 169

UDC: Stands for Universal Declaration on Democracy. It was adopted by UN in inter parliamentary session

in September 16, 1997. This declaration confirms the standard, principles, exercises and elements of democracy.

The member states are obligatory to protect and spread democratic system. 170

M Cherif Bassiouni, Democracy: Its Principles and Achievements (Geneva: IPU, 1998),IV. 171

The New Encyclopedia Britannica, 17:226. 172

Plato, The Republic, trans. Bajnkman Jowwet (Istanbul: Kitap Projessi, 2014), Book. VIII, 401. 173

Josiah Obber,” Democracy‟s Wisdom; An Aristotelian middle way for Collective Judgment ”, Political

Science Review 107:1 (2013):104-122; http://dx.doi.org/10.1017/S0003055412000627.

http://dx.doi.org/10.1017/S0003055412000627


This claim also has no valid argument that the ancient Greek was a classical democracy as

some scholars‟ claims. It is also an open fact that the Socrates was punished with death in

Athens due to free ideas and criticism against the government. Encyclopedia Americana

states; “At least since the day Socrates was sentenced to death for corrupting the youth of

Athens through his teachings, thoughtful men have been concerned with the limits of public

control over the expression of beliefs and ideas”.174

Actually, after the defeat of religion and feudalism by public protest, it was necessary

to run the government, according to the public will and in this way democracy was adopted

as a system of public government. As we read in historic comments of American president

Abraham Lincoln about democracy; He stated; “The Democracy means, “Government of the

people, by the people and for the people”.175

The democracy did come in the West at a time

but gradually it reformed and developed. The Encyclopedia of Life Support Systems depicts;

“During Reformation movement the Protestants were not necessarily liberal

themselves, especially in the immediate regimes of Luther or Calvin. But

noblemen throughout Europe embraced new Protestant creeds as a rebellion

against their monarchs and rising absolutism that was replacing the old feudal

decentralization and power-sharing”.176

According to some scholars as the first democratic government was established in 1789 by

America, but some considers the Great Brittan as the first Republic of the modern world. The

Encyclopedia Britannica describes it most likely;

“The feasibility of representative government was demonstrated by the

development of parliament, the possibility of joining representation with

democracy first fully evident in the government of the British colonies of

North America and later on in foundation of United States”.177

Dante allows dictatorship and limitations of human rights in the favor of stronger

state; “National independence and individual freedom were to be maintained as for as

possible in the limits for universal state”.178

Although democracy is considered a key right

and the best government system in the modern world but if we analyze it deeply we notice its

demerits. The first most important demerit of democracy is that the public is free from all

moral and spiritual sanctions. According to Professor „Abd al-Ḥamīd Ṣiddīquī analysis; “The

174


Richard A Epstein, “Direct Democracy” , Hayward Journal of Law and Public Policy 34:3(2011):819-826 ;

http://www.harvard-jlpp.com/vols-30-34/#343. 176

www.eolss.net/sample-chapters/c04/E6-94-19.pdf/Accessed: 21/12/2015. 177

Goetz .The New Encyclopedia Britannica, 17:226 C. 178

Raymond Gettell, History of European Political Thought (USA: Century Company, 1924), 127.

http://www.eolss.net/sample-chapters/c04/E6-94-19.pdf/Accessed


basic objective of democracy is that the public is free from all kinds of moral and spiritual

sanctions in their opinions and wishes. They make everything for themselves lawful or

unlawful through majority and no ethical code can stop them from this”.179

According to the

renowned Western scholar Sorokin‟s Book „the Crises of Our Age‟;

“Before French revolution the government was in the hands of kings or religious

leaders. Although they were free enough in their ruling but had some sanctions

and public pressure. But the new theory of government that the public is original

owner of the ruling, frees them from all kinds of sanctions and limits”.180

Here, a prominent Western philosopher J Rousseau articulates; “The general will and French

revolution also adopted it in its declaration of man and citizen, but how is it possible in this

pluralistic and huge Population to know the unanimous general will of the public. According

to Alfred Cobbon‟s analysis; “In ancient ages, for a nation, it was practically possible to

express its opinion but in the modern age due to huge population it is impossible to know

their actual will because the groups are increased and every group and individual has

different opinion from others”.181

In democracy the intellectual weight of a person is not

considered. According to „Allāmah Muhammad Iqbāl‟s views on the Western democracy;

“Democracy is a form of government in which;

People are counted but their worth is not assessed”.182

Therefore, Cobban considers the democracy as dictatorship. He explains; “In fact the present

representative system has totally failed to create the general will of public. It is its failure that

the people try to search the public will in a dictatorship and dictatorship is ultimate result of

the democratic public will”.183

It is also a fact that the Western democracy has no link to the religion, because

majority follows the wrong path. The democracy acts upon the whims and wishes of the

majority but the right path is declared from Allah, the sacred Guide. The Western democracy

gives right of ultimate power and constitution making authority to the majority of people but

Allah sends Sharī„ah, which is supreme. Allah expresses this universal truth in the Quran;

179

Ṣiddīquī, Insānī yyat kī T„amīr Nau aur Islam, 41. 180

Pitirim Sorokin, Crises of Our Age: A Social and Cultural Outlook (Boston: E.P. Dutton,1942), 165. 181

Alfred Cobban, The Crisis of Civilization (London: Faber and Faber Limited, 1939), 115. 182

Iqbāl ,„Allāmah Muhammad, Darb-i-Kalīm (Delhi: Maktaba Jāmi„ah,1941),150. 183

Cobban , The Crisis of Civilization,117.


“He commands! Judge thou between them by what Allah hath revealed, and

follow not their vain desires, but beware of them lest they beguile you”.184

It means the Western democratic system is not acceptable in Islamic political thought.

Whereas I perceive from Islamic teachings, Islam allows democracy and appreciates

consultation but with some limits for quality enchantment. The absolute sovereignty, the right

of lawful and unlawfully, making constitution, majority cannot change the divine law as

well as majority is not ultimate authority because the matters will be discussed on proper

forum by the relevant people. For that, Islam introduces the Shūrā system rather democracy;

„Allāmah Muhammad Iqbāl considers the politics without righteous guidance (Revelation) a

Changayziyat (tyranny).He said in his poetry;

“When statecraft divorced from faith,

The sovereignty of tyranny leads”.185

Democracy does not represent the opinion or general will of majority. For example if

a constituency consists of one million voters and four candidates are in election contest. If

three candidates gain 74 % votes and one candidate get 26 % vote then according to the

contemporary representative system the 74 % majority is defeated and 26 % minority is

considered as succeeded. It means democracy is a government of minority under the claim of

majority. It is fact that all over the world, there are many democratic systems established.

Actually, democracy is a behavior more than system that you respect the opinion of other, if

it is true. Therefore, if America, China, Russia, Singapore Australia, France, Germany and

India have different democratic culture, then why Islamic countries cannot adopt a Shūra

system as democracy. We think the international powers shall not accept it because they did

not accept the democratic government in different Islamic countries in the near past, like

Egypt, Palestine and Aljazeera, then how they can accept Shūrā, which is a distinct symbol of

Islamic political system. It is also a truth that the Western powers have been making

advocating democracy since its foundation that every country should fulfill the commitment

of democracy, but they support dictatorship, fake democracy and kingship in many countries,

where they have their strategic interests. Every country has its own right to adopt any system

of government as they like and wish, but why they are forced to adopt democracy as a

184

Sūrah al-Mā‟idah 5:49 . 185

Iqbāl, „Allāmah Muhammad, Bāl-i-Jibrīl (Delhi: Maktaba Jāmi„ah, 1941), 137.


political system. Is it not an interference and violation of their fundamental rights and

liberties? Who will decide these things lords of the West or poor and salve representatives of

the third world countries?

II. Materialism as Conduct of Life: Materialism, secularism and Western freedom have

similar source and foundation in the history. According to scholars the age of Renaissance

and Reformation movements are counted as the mile stone of secularism and free thoughts.

Before Renaissance the West was covered in complete darkness. There was no concept of

development, rights and liberties in the West old before Renaissance. The movement of

Reformation and Renaissance was the first shining of light in the West. After it, the flood of

secularism, liberalism and materialism entered into Europe and America. Many studies

describe this truth. An imminent Western scholar Gordon Stein expressed;

“The Renaissance carried a peak in all aspects of human free thought

Atheism. One of the biggest challengers of accepting everything on the only

claim of the Church was Leonardo. Machiavelli was the constant opponent of

the Church, and reputed to be an atheist. However, the death of Bruno at the

stake in 1600 CE considers the commencement of the current era of free

thought and Atheism”.186

The modern Western knowledge and scientific inventions are also big cause of the

spread of Secularism and Atheism. At that point Ghulām Gīlānī Barq accurately commented,

“The top most Western scholars‟ says that the modern knowledge and scientific discoveries

prove wrong the concept of Religion and old mythologies. The present intellect only accepts

the fact which is proved by experience and evidence”.187

This means, everything is needed

to experience and have no existence without experience and eye witness. Our routine life tells

us that there are many things exist without experience and eye witness and do them and

accept them as fact because these are observed and seen by common sense. It is also stated

that the natural facts are not needed to prove but these are proven things scientist only inform

about them. This theory plays an important role to promote the secularism and Atheism in

the Western society. Therefore, on the basis of these scientific experiences and inventions the

renowned Western Philosopher Julian Huxley rejected the existence of God in this universe.

“The Isaac Newton proves that there is no which runs the system of universe

and Charles Darwin do the same job in Biological Sciences. In academic

world this theory is publicized that the stares have no need to God for their

186

Gordon Stein, An Anthropology of Atheism and Rationalism (New York: Prometheus Books,1980),293. 187

Barq, Ilḥād-e-Maghrib aur Hum, 14.


constant motion. The Modern science removes the God from this place and

now he has no authority on history and universe”.188

The Quran describes their claims and then rejects it and says it only their Guesses;

“They say, what is there but our life in this world? We shall die and we live,

and nothing but time can destroy us. But if they have no knowledge”.189

The scientific theories have been challenged and changed in the history of science but

the God‟s facts are neither challengeable nor changeable. As well as the science only invent

or discover some limited universal facts but cannot change it. It is the strong evidence of the

existence of God, (Allah the Almighty). Here, the Nobel Quran illustrates the imminent

experience and story of great Prophet Ḥaḍrat Ibrahim (AS);

“Said Abraham, but it is Allah that causeth the sun to rise from the east: Do

thou then cause him to rise from the West. Thus was he confounded who

rejected faith”?190

According to this Nobel verse of the Quran the King Namrūd could not do it with all

his powers and as well all this verse tells us that all the atheists can never do it. Materialism is

the most imperative theory in modern Western thought and civilization. In the contemporary

ages the Western society adopts it a way and objective of life. The materialistic approach is

affecting badly the social and moral life of the Western community. According to Prof. Abdul

Hamid Ṣiddīquī views;

“The second most important structuring element of the Western civilization is

materialism. Shortly, it defines as; nothing exists in this universe without material.

Even human is also made by material. If there is important and need of anything in

this world that is materialistic requirements and there satisfactions”.191

The Oxford English Dictionary defines the term materialism as, “The belief that

money possessions and physical comforts are more important than spiritual values or in

other words; the belief that only material things exist in this universe”.192

In simple words, this

theory is opposite to idealism and religion or this theory bases on refutation of spirituality and

moral values. According to the Merriam Webster‟s Dictionary;

188

Julian Huxley, The Religion Without Revelation (New York: New American Library,1958),58. 189

Sūrah al-Jāthīyyah 45:24. 190


Ṣiddīquī, Insānīyyat kī Ta„mīr-e-Nau aur Islam,31. 192

Hornby, Oxford Advance Learners Dictionary, 789 .


“A theory or, a way of thinking that gives too much importance to material

possessions rather than to spiritual or intellectual things. In philosophy: the belief

that only material things exist. According to scholars there are two fundamental

types of Materialism; 1-Histotrical Materialism and 2- Dialectical Materialism “.193

With the passage of time this theory has been presented with many controversial ideas. But

the common arguments of both are that the human is an absolute and all in all, free entities.

His all activates round about the circle of materialistic thinking and approach.

Materialism is the main pillar of Western society. Every spiritual and ethical value has

been demolished and revolves around the materialistic thinking and approach. Hence, Syed

Abū al-Ḥassan Ali Nadawī states;

“In the beginning, scholars did not want to become complete secular. They want

to establish a minimum relationship between religion and life. In this way they

think that the state will be united and save from instability. But the flood of the

materialistic civilization was very powerful and the week relationship between

religion and a man could not alive for a long time”.194

During the Reformation and Renaissance the angriness and protest against Pope Authorities

change into the anti-religion movement. They say goodbye every sign of religion, even

spiritual and ethical values, which are necessary for a man and distinguish him from human

and animal. Now materialism becomes the famous religion of a common man in the West.

“A common man of the Europe, either he believes in Democracy or Fascism, He

is capitalist or socialist, he is intellectual or a layman, he has a common religion

to worship materialism and the core objective of his life to ease it and achieve

more and more luxuries and materialistic things of life in this world”.195

Thus, the materialism has become the most famous trend of the Western society in

contemporary ages. According to Professor Joad valuable views, “The prevailing and

supreme theory of the Western society is materialism, in other words, every issue is related to

the pocket and the belly”.196

Obviously, the materialistic approach and thought affect very

much to the spiritual and ethical values of the humanity. The moral values and divine

objectives of the human being are going to get completely failed. Alexis Carrel states this

situation in these word; “The materialism of our civilization interrupt the right way of thought

and also stop the right thinking. It demolishes all those gentlemen, weak and poor people who

193

Noah, Merriam Webster‟s Dictionary, 570. 194

Nadvī, Insānī Duniyā Par Muslamānūn kay „Urūj -o-Zawāl kā Athar,223. 195

Laski, Rise of the Liberalism, 16. 196

C. E. M. Joad , Philosophy for Our Times (London: Thomas Nelson & Sons, 1941), 340.


have any objective of life without material wealth”.197

The Western civilization is going to

fall into crises. The serious intellectuals of the West continually point out these concerns in

their writings. Pitirim A Sorokin is one of influential voices in the Western history. The

Crises of Our Age is one of the best works on the Western political, cultural and social crises.

Sorokin theory tells materialism is the base of cultural and social crises. He frequently

articulates about this core issue of modern Western thought likewise, “It is the reflection of

basic mental or spiritual disintegration or breakdown of our contemporary materialistic

culture or actual conflict between and among societies”.198

This statement exactly point outs

the illusion and illness of modern Western society which is the blindly following of

materialism without any moral and spiritual objectives.

The theory of Materialism has been replaced by the theory of Neo-Materialism or

Unitarianism. In simple words, the result of all human efforts is to get utility and benefits.

Pros and cons of every issue are related to the beneficiary. It means the merits and demerits

of this world are the universal values of the Western thought. According to Johan Sturat

Mill‟s views, the doctrine of Unitarianism amorality stands for materialistic merits and

merriest. “The faith that the basis of morals is utility or the greatest happiness principle holds

that actions are right in proportion as they tend to promote happiness, wrong in proportion as

they tend to produce the reverse of happiness”.199

It means happiness and self-interest has no

moral values. Everyone is free to achieve as he wishes and wants. As the Western society

does not have any revealed or unanimous criteria of goodness and badness, so every person

has his own criteria of goodness and badness and that is materialism and self-interest. So,

everyone has a right to achieve his self-interest and happiness as he understands suitable

without any social or moral sanction. Alasdair Macintyre observes;

“What themes at this phase is the construction of local types of society within

which respect and the academic and ethical existence can be continued during the

New Dark Ages which are previously ahead us. And if the practice of the scene

was like to revive the terrors of the last Dark Ages, we are not completely

without justification for hope”.200

Actually, it is the shift of paradigm (the things are entirely changed to their opposite). A

paradigm which is totally confronts and rejects the spiritual and moral values of religion. On

these grounds the scholars have begun to say they are entering in to another Dark Ages. It is a

total new era, where religion and moral values have no place.

197

Alexis Careel, Man the Unknown (London: Inspirational Library, 1935), 262. 198

Sorokin, The Crises of Our Age, 167. 199

John Stuart Mill, Utilitarianism (Kitchener: Batoch Books Limited, Canada, 2001), 9. 200

Alasdair M., After Virtue; A Study in Moral Theology (Indiana: University Press, 2007), 281.


4.2.2. Social Impacts of Western Liberty: Western thought and freedom has many

impacts and influences on human society in the East and the West. Especially the movements

of human rights liberties and woman rights have uncounted positive and negative impacts on

the human society. Due to the Western efforts and long term policies of the Western

countries, there has been developed a theory which is called humanism. This theory much

affects the human beings, their intellect, role and status in the society. Actually, when

Western thought won the battle of religion from Christianity needed an alternate, therefore,

humanism was adopted as the replacement of religion in the West. Anwar „Abbāsī analyses;

“The result of the Renaissance movement was declared in terms of the victory

of science and the defeat of Christianity. This incident shaped a movement

which is called Enlightenment, Modernity and Liberalism. On the basis of

these arguments it was claimed that there exists a thing without experience and

observation. Next, when religion was rejected or enclosed in the church then

Humanism was adopted as an alternate of religion”.201

In fact, the impact of Western freedom appeared very dangerously in the form of

humanism. Basically, humanism declares the man as God and practically rejects the concept

of religion and God. In the words of Western Scholar Jack Grassby,“Humanism began from

the grounds that there are no accumulative Gods, souls or non-material spirits. There is no

paranormal entity to teach or guide us. There is inspiring being, spiritual or ideological, that

we can twist to console, justify or help”.202

The renowned Western scholar Thomas W Clork

considers it a secular code of conduct or religion as the alternate of religion. He argues;

“Humanism is a secular option to religion in our pursuit for a high-quality ethical life. It is a

vision of life, which is not accountable by God, religion or the hereafter”.203

The only

objective of human is to fulfill human wishes and whims according to their own requirement.

Dean Koontz expresses; “The single use of existence is to open oneself to wishes and to

gratify all desires as they arises”.204

Obviously, this means, human life has no objectivity and

moral reality in Humanism. Only unlimited human wishes and whims have weight here.

The philosophy of Humanism is counted as another important impact of

contemporary Western thought. Its impact is so deep that the Western thought was entirely

changed towards human centered philosophy. In some extent this philosophy replaced the

201

„Abbāsī, M. Anwar, “Tehdhīb-e-Maghrib”, Monthly al-Sharī„ah 11 (November, 2014):24-36. 202

Jack Grassby, Postmodern Humanism (Washington: TUPS Books, 2005), 16. 203

Thomas W Clark, “Humanism and Postmodernism: A Reconciliation”, The Humanist, January-February

53:1(1993):18-23; https://www.highbeam.com/doc/1G1-13307980.html. 204

Koontz, Dean, Intensity (London: Random House Publishing Group, 1996), 142.


human from God. Now all issues are discussed according to human wishes and God has no

reality and place in Humanism philosophy. An Indian scholar Bhindārī maintains;

“The fundamental Reformation doctrine of justification by faith led to the

growth of marked individualism which resulted in grave social, economic and

political disorders. It led ultimately to the growth of individual liberty and

democracy. The reformers preached the equality of man. They demanded the

freedom of man to follow his own consciences and to attain salvation on his

own way. This individual freedom from a religious point of view had its

political reaction too and led to the growth of the notion of democracy”.205

After Reformation and Renaissance movement the focus of thing in the West shifted from

God to man, especially, after defeating Papacy and religion, the Western scholars deeply

concentrated on human importance and its rules in the universe. Here, Syed Quṭub stated;

“Although in Europe, the Greek philosophy was available in the middle Ages,

but the focus of knowledge was on theology. In the 15th

century the religious

knowledge was replaced by Greek philosophy. These facts are not based on

revelation but rational. In these teachings the human being is everything and

completely discussed in human point of view. So the actual meaning of

Renaissance is humanism and degrading of religion”.206

This movement gives too much authority to man, even as God. The history of European

political philosophy tells; “In the middle ages, people had concentrated on matters of the

spirit, salvation and God in the light of dogmatic Christian theology. Man as man had little

significance then. With the Renaissance the man instead of God becomes the Chief entity and

Major subject of study. There was now a tendency to concentrate on this world, on the

enrichment of personality and the enjoyment of beauty in all forms”.207

The Italian philosopher Machiavelli was the political founder of humanism. He

wanted to establish a great Italian state and for that purpose he rejected the all religious and

moral values. According to him a man is totally free and final from all sanctions. Western

intellectual tradition expresses; “Machiavelli was this practicing politician; he knew the

necessary twists and turns to the political existence. He was also a humanist. He knew that

conditions had been similar in the Roman times. His humanism further made him think of

politics as a secular and not a religious affair”.208

The base of humanism is rejection of

205

Bhandārī, Des Raj, History of European Political Philosophy (India: Bangalore publications, 1999), 19-80. 206

Ḥassan Askarī, Syed, Jadīdīyyat (Lahore: Idāra Farogh-i-Islam, 1982), 39. 207

Bhandārī, History of European Political Philosophy, 166. 208

Jacob Bronowski and Bruce Mazlish, The Western Intellectual Tradition (N Y: Harper Publishers, 1960), 43.


religion and filling the space after Christianity, church and religion. As the western scholar

JH Whitfield argued;

“The Culture (during movement of renaissance) that is born of Humanism

becomes aware of the political problems because they were in crisis. It is

because of this that he seeks to solve them from the elements which humanism

endowed the Western mind”.209

The result of this humanism movement on Western politics and society is very deep.

The Western thinker Ferdinand Schevill writes, “A movement of human mind, which began

following the rise of towns, the urban intelligentsia slowly turned away from the

transcendental values imposed by the religion to the more immediately the perceptible values

of nature and of man”.210

According to a modern Muslim writer Muhammad Salīm;

“Machiavelli of Italy suggested to the rulers that they separate the religion and

moral from politics in any way. No any faith, moral or social value should make

hurdle in their objectives. From the same the same the fallacy, cheating and

ethical corruption become the central part of the politics but the Machiavelli

politics means cheating and fallacy”.211

Syed Hassan „Askarī stated regarding this new philosophy of politics; “The Italian thinker

Machiavelli gives a shape of philosophy to this new political ethics. He said that the common

man will adopt the ethical values but the ruler and politics should free from all kinds of

morals and ethics. The king can do anything for the sake of his nation. Even he can tell a lie

and commit a murder”.212

We can also see the result of Machiavelli politics and double

standards of the Western democratic systems of the world. The slogan of equality and

freedom was very charming but overall they failed to win the game. Therefore, Prof. Beasley

observed alike;

“Equality and freedom submit to human kind able of reason. Only they can

decide the position of belonging to the complete human. Only they are to be

considered as independent people and therefore eligible to be given civil rights

and liberties”.213

This statement clearly tells the human being is the being who completely able to enjoy his

freedom and equality. This unique status forms him a complete human being and depreciates

it from other beings and animals. I really appreciate this comment but it is also a fact this

209

Whitfield J H, Machiavelli (Oxford: Basil Blackwell Ltd., 1947), 18. 210

Ferdinand Schevill, History of Florence (New York: Harper Torch Book, 1936), 317. 211

Muhammad Salīm, Maghribī Phalsapha-e-Ta„līm (Lahore: Tanẓīm-e-Asātizāh, 2006), 44. 212

„Askarī, Jadīdīyyat,42. 213

Chris Beasley, Gender and Sexuality (London: Sage Publications, 2005), 30.


freedom and equality is given by Allah so we should use it according to his commandments,

which I think is not absolute.

I. Myth of Gender Equality and Radical Feminism: The appearance and rise of Feminism

and radical feminist movement is another most significant impact of Western freedom of

expression, especially in the Western context and commonly all over the world. Different

political and social slogans are meant to exploit the public, but this bright slogan could not

prove a remedy for women‟s troubles. It is also observed that absolute gender equality is the

foremost objective and agenda of the radical feminist movement. But sorry to say, they could

not achieve this more favorite goal after a long struggle. It is claimed that the modern

feminist movement is a reaction of Western society against women. Wrenne Heike stated;

“Schopenhauer claims that woman is not proposed for big mental or physical

labor because women are silly, childish, and thoughtless; he does not

recognize women as complete human, instead, imply that men are the only

entirely human”.214

But now we can see, the West has become the ultimate representatives of women rights and

demands the absolute and equal rights of woman with men. Women had no right to vote in

the West. A familiar Western scholar confessed it; “By the second phase of Feminism

movement, in the decade of 1960s to 1970s most women in the Western countries had

achieved fundamental social and political rights such as the right to vote after extensive social

clash”.215

The modern feminist movement which claims absolute equality and rights of

women did not start by women but by men. According to a research scholar; “The Feminist

movement is counted as a big development in the West but it is an interesting this that the

founder of this movement was an English scholar Jeremy Bentham and French philosopher

Marques”.216

Different political and social slogans are meant to exploit the public, but this bright

slogan could not prove a remedy for women‟s troubles. A famous feminist leader expresses;

“Humanist male and female embraces the Enlightenment position of

rationality and humanism at its starting point. But women have been unjustly

expelled from the honor which they deserve as human beings, on the

foundation of sinister supposition that they have lesser wisdom than men”.217

214

Heike Wrenne, “The Woman in Modernism”, English Literary File 2 (2010):9-13;

https://www.uscupstate.edu/uploadedFiles/.../arts.../ELFVol2wrenn.pdf. 215

Beasley, Gender and Sexuality,31. 216

„Abbāsī, Tehdhīb-e-Maghrib,26. 217

Paul Suzanne, Feminism/Postmodernism (New York: Rutledge Chapman &Hall Inc., 1990),107.


Some scholars argue that the absolute gender equality is the solution of this clash but,

unfortunately like other slogans, the slogan gender equality is to exploit women. Danny

Fredrik valid observes; “The contemporary radical feminism is not actually concerned with

equality for women at all; that in truth it is a movement of puritanical sex oppression which

utilizes the problem of women‟s equality as concealment”.218

There are many examples of radical feminism activities and violation but a new

incident in France compels to think about freedom. Two topless feminist activists with

slogans written on their bodies attacked a Muslim ceremony in France. According to an

online newspaper, Daily Mail: “This is the shocking moment when two topless feminist

protestors storm Muslim conference in Paris, before they are dragged off and kicked on the

floor”.219

In another incident, they were absolutely naked; they painted hateful slogans on

their bodies. According to the FEMENS220

official website; “No one can enslave me, no one

can possess me, and I am my own Prophet, sexism is a kind of racism, fuck your morals, etc.,

and some others which I exempted due to its vulgarity”.221

We can easily observe that this

path goes to destruction and anarchism instead of human liberties and rights. We must revise

our approach to absolute freedom of expression. Although this group claim for unlimited

freedom for all women of the world but actually they are slaves of their desires and wishes. If

you see their website‟s pictures these are shameful. It is like pornography and it is very

difficult to see by a gentleman.

All over the world, Muslims and Western scholars did not like it and they criticize it.

A left-handed newspaper Huffington Post222

writes about such behavior; “The FEMEN‟s

action on the behalf of Muslim women was far from universal appreciation”.223

The Western

self-witness comments against this radical feminist activity are enough answer their

radicalism in the name of feminism and women's rights. Many Western women are victims of

this so called absolute freedom of expression. One example of them is of Monica Luniski.

Some days before she conducted a press conference, titled the Price of Shame. Her story tells

how unlimited freedom of expression destructs a life of a Western woman. Monica Lewinski

218

Danny Fredrik, Radical Feminism: An Expose (London: Libertarian Alliance, 1992), Publication no.18, 1;

www.infotextmanuscripts.org/ncropa/ncropa-lib-4.pdf. 219

http://www.dailymail.co.uk/news/article-3232721/ Accessed: 17/9/2015. 220

FEMENS: It is a West based freelance feminism movement. It was founded in Ukraine in 2008 and now

exists in Paris. They want absolute freedom of women all over the world in all spheres of life. Freedom is a

universal right of women as of every human being, but nakedness is not freedom, it is a kind of animalism. It is

said if nakedness is civilization then animal are more civilized then men because they are total naked naturally. 221

http://femen.org/news/page/1#post-content/ Accessed:17/9/2015. 222

Huffington Post: It is a radical liberal American online newspaper and most of the times published the news

which is more enlightening. It criticizes Islamic values and religious symbols. 223

http://www.huffingtonpost.com/2013/04/05/muslim-women-against-femen/Accessed:17/9/2015.

http://www.dailymail.co.uk/news/article-3232721/

http://femen.org/news/page/1#post-content/

http://www.huffingtonpost.com/2013/04/05/muslim-women-against-femen/%20Accesd


was a famous character of the past of the legacy of the Whitehouse. She describes her story

after 20 years. Her press conference titled „the Price of Shame‟ was a shock and a big

question mark on media ethics and the Western infinite freedom of expression. She stated as;

“We speak a lot about our right to free speech, but we want to speak more about our

liability to freedom of speech. We all desire to be listened to, but let‟s admit the

divergence between talking up with purpose and talking up for consideration”.224

Obviously, women have right to get respect, equality and other sociopolitical and economic

rights equally. But we have to remember human wishes and human rights have no limits as

well as we should not forget the duties and responsibilities are part of this journey.

According to Russell Letty valuable comments;

“We need to build a new cooperative social order out beyond the principles of

hierarchy, rule and competitiveness. Starting in the grassroots local units of

human society where psycho-social polarization first began, we must create a

living pattern of mutuality between men and women, between parents and

children, among people in their social, economic and political relationships,

and finally, between mankind and the organic harmonies of nature”.225

Islam tries to finish the dispute of men and women with some important steps. Islam

considers the equality as human being between men and women but allotted them different

tasks and on these tasks their rights and duties may differ. It is not discrimination, but a fair

division of rights and duties according to their natural role and ability because a blind knows

that physically and mentally male and female are not equal then how can they exits absolute

equality in this world. Sure, they will be equal in virtues, respect and dignity in this world and

the world hereafter. Almighty Allah pronounces this fact in the Quran in this way;

“Whoever works righteousness, man or woman, and has Faith, verily, to him

will We give a new Life, a life that is good and pure and We will bestow on

such their reward according to the best of their actions”.226

Moreover, Islamic teachings bound them with some moral and religious bidding to safe their

respect and sensitivity. Islam wants to use women's status for social and family reforms and

transformation, but the West like to see them free and absolute and want to use them for

human entertainment, which is wrong and injustice for women. Due to their high status and

224

www.womenyoushouldknow.net/monica-lewinsky-the-price-of-shame/Accessed: 23/11/2015. 225

Letty M Russell, Human Liberation in Feminist Perspective (Philadelphia: Westminster, 1974), 62. 226

Sūrah an-Naḥal 16:97.

http://www.womenyoushouldknow.net/monica-lewinsky-the-price-of-shame/


inclusive respect Islam considers women the most significant part of the society and assign

them very important assignment to contribute and transformation of society.

Here, one thing should be very clearly known, the controversial demands and slogans

are not the solution of women‟s rights. The current feminist activities show their behavior

against women. They use women for their secular agenda and are not ready to give them

honor and dignity. Comparatively, Islam gives dignity and honor to women as mother, sister,

daughter and wife.

II. Absolute Freedom and Sexual Anarchism: Sexual anarchism or open and free sex

philosophy is another most momentous and most dangerous impact of modern Western

thought. According to Muhammad Sajjād views, “The most dangerous element of the

contemporary Western thought is animal philosophy of marriage. This ideology exempt out

all impacts of positive human values”.227

In simple words, everyone is free to fulfill his or her

sexual requirement. This theory says that marriage is a personal and social contract between

male and female and now in postmodernism between two males or two females. This

extremist trend frees the sacred relationship of marriage from all kinds of moral and social

sanctions. These concepts have been received from Greek and Roman civilizations. Madam

Merriam Jamīlah said; “What values have modern Western civilization to offer? In the West

the purpose of life is happiness, pleasure and enjoyment, even if this can attain at the expense

of others”.228

Syed Abū al-Ḥassan Nadvī analyses;

“During the industrial revolution when an employee had to stay alive on the

meager means provided by the capitalists, he started to work with his women

and children to fulfill the material requirement of his family. This unethical

change affected the females because in the beginning they were not happy to

work in co-environment”. 229

At that time the feminist movement by men and Malthus theory of Population played a vital

role to bring females into this competitive environment. Now, this is the result of this

unnatural philosophy that male and female have become sex workers and the sacred

relationship of marriage has been badly damage. Male and female try to live without

marriage, so much so, they give birth to children. In this way they think that they are fear

from all kinds of moral and social responsibilities and sanctions. Therefore, Professor Hafiz

Sajjād observed, “The core impact of this false philosophy is that the legal marriage system is

227

Ḥāfiẓ Muhammad Sajjād, Islamic and Western Thoughts in Historical Perspectives (Islamabad: AIOU Press,

2001), 151. 228

Maryam Jamīllah, Western Civilization Condemns by Itself (Lahore: Yusuf Khan Publishers, 1971), XV. 229

Nadvī, Insānī Duniyā Par Muslamānūn kay „Urūj -o-Zawālkā Athar,245 .


disturbed and the trend of free sexual relationship without marriage is publicized”.230

According to Muslim scholars perception the core reason of this vulgarity is western theory

of free sex like animals. Here, Malthus theory preaches likewise;

“The humane Population is continuously increasing but the resources are

decreasing so to overcome this issue, try to control the human Population

scientifically to save the human resources and fulfill the human sexual

requirement freely without legal marriage”.231

This inhuman philosophy badly disturbs the family system and opens the way

to illegal sex. Mubashir Husain analyzes this issue as, “In this way the last natural

hurdle in illegal sexual relationship is removed and a male and female are free to

fulfill their sexual requirement without marriage and without becoming a family”.232

Professor „Abd al-Ḥamīd Ṣiddīquī says; “The Malthus theory of Population adds fuel

to fire. The strong family system is demolished and its destructive affects mostly the

human society in two ways; 1- sexual anarchism and 2- shirking the responsibility of

children”.233

The contemporary Western civilization with its excellent materialistic

development tries to demolish the natural human institution. According to Professor

Sorokin valuable comments;

“In the past, the family was an important and biggest institution of children

upbringing. In the present age, most of the families are without children, if some

have children, they send them to nursery and daycare centers in their infant ages.

In this way, the most vital and important objective of the family dies”.234

Here an interesting story is worth sharing, when the ex-first American Lady Hillary Clinton

came to Pakistan, she visited an Islamabad school. She asked a school girl; “What is your big

problem in the school”. The girls replied; “We do not have enough high quality labs for

research”. The girl also asked Mrs. Clinton, “What is the big problem of American school

girls?” She shockingly responded to school girls; “The biggest problem faced by our school

girls is that they have (an illegal) child when they reached the age of matriculation”.235

It is admitted by a high representative of the Western civilization. Now in the West

and as well in the modern countries of the East, the family system is declining and the

230

Sajjād, Islamic and Western Thoughts in Historical Perspectives,152. 231

Thomas R Malthus, An Essay on the Principle of Population (London: The Foundation for Classical

Reprints, 1993), 1-31. 232

Mubashir Husain, Hadīyyah al-„Urūs (Lahore: Mubashir Academy, 2005), 41. 233

Siddīquī, Reconstruction of Humanity and Islam, 47. 234

Sorokin, The Crisis of Our Age, 169. 235

Al-Rāshdī, Mawlānā Zāhid, “Roshan Khiyāl kay Islāmī aur Mghrabī Taṣawwur main Joharī Farq”,

Mahnāmah al-Shrī„ah 18:2 (2007):2-5.


societies have become mechanical and materialistic. Every kind of relationship revolves

around economic issues; even the father and son, mother and daughter have become

utilitarian. Here „Allāmah Asad rightly commented;

“In West the family system is breaking fastest. It is basically an industrial society

and its administration is being rapidly done on mechanically way. In this society

a relationship between father and son is not socially or morally established but

economically. This society is killing the sacred relations and impacts of what are

the recommended rights of family relationships”.236

The present trend in the West is alarming for all of the humanity. According to an eminent

Western scholar Bertrand Russell observes; “In different spheres of our society the biggest

ethical break down occurs in the sphere of those (teenagers) who are the most important for

us. It is an open fact; if our moral and social system goes on in the same way, the next

generations will ethically become the most corrupt and dangerous”.237

The Western

civilization is based upon the materialistic merits and demerits other than morals and

spirituality. According to a well-known Muslim scholar;

“A Western man has total materialistic approach and is very hard d in

dealings. His conduct is full of selfishness, malevolence and revenge. So it

seems that he has nothing in moral principles and kind passions. He has rude

and brutish behavior. Any weak person has no right to live in his sense. Only

power and wealth is a base of every honor and goodness”.238

It is a very strange interpretation that the key master of Western thought and founder of so

called modern psychology, Sigmund Freud explains that the actual love behind everything

even the sacred passions of mother‟s love to her son is also due to sex. “Freud claims, the

basic motive force in any action of human being is sexual attraction and sexuality. He

interprets the every passion of human being within sexuality. In this way he leads the man to

sexual anarchism”.239

It is alarming situation and this theory has affected the Western society

rapidly and now therefore, the respect of kin relation is going to an end.

Keeping in view, sexual distortion destroys the Western society, but they say it's their

natural sexual right. Every sensible person knows that sex is human need and Almighty Allah

manages this issue for human through legal marriages. Islam just tries to manage it and find a

legal way to express it. Islam wants a middle way approach to manage this issue. Even if a

236

Muhammad Asad, Islam at the Crossroads (Spain: Dar al-Andlus, Gibraltar, 1982), 50. 237

Bertrand Russell, Principles of Social Reconstruction (USA: Cornell Library, 1916), 117. 238

Kawākbī, „Abdureḥmān, Ṭabā„y al-Istibdād wa Msārīy al-Istibād (Beirut: Dār al-Nafāes,2006), 107. 239

Lakhvī, Muhammad Ḥammād, Islam Mayn Ḥurrīyat-e-Farḍ Kā Taṣawwur (Unpublished PhD Thesis)

(Lahore: University of the Punjab, 2001), 96.


person can afford and fulfill their rights and another requirement he can get 2, 3 or four

marriages but unlawful sexual relationship is strictly prohibited. But here there is a very

strange trend and here is only want to point out as appoint of objection that the so called

Western civilization considered more than one marriage as a violation of women's rights, but

there is no objection on more than one or several illegal sexual relations with women in the

name of entertainment and girlfriends. It‟s like a shame for humanity. Islam strictly forbids

the adultery in any case. The Quran indorses, “Nor come nigh to adultery: for it is a shameful

and an evil, opening the road”.240

Once the beloved prophet ملسو هيلع هللا ىلص rightly said on an

important occasion to his humble flowers;

“O Muhājirūn, there are five things with which you will be tested, and I seek

refuge with Allah lest you live to see them: Immorality never appears among a

people to such an extent that they commit it openly, but plagues and diseases

that were never known among the predecessors will spread among them”.241

Thus, according to the true prophesy of the last Prophet ملسو هيلع هللا ىلص the several difficulties and

evils have been spread in the Western nations where illegal intercourses are open. Many

reports and studies are telling that due to this sexual anarchism the West faces many

unseen devils.

The unlawful sexual intercourse and raps is increasing day by day in America and

Europe. Therefore, Zākir Nāik expresses, “The United States has one of the highest rates of

rape in any country in the world. FBI reports in the year 1990, every day on an average 1900

cases of rape were committed in the U.S.A”. 242

In this way the present Western society has

become a cancer for human ethics and morals. Therefore, the scholars claim the building of

Western civilization has reached near to its demolition, due to its materialism and human

enmity. Here it seems sound to quote Iqbāl on the accountability of Western civilization.

“Your civilization will commit suicide with its own dagger;

Because a nest built on a slender bough cannot last”.243

240

Surah al-Isrā 17:32. 241

Ibn Mājjah , Hadith no. 1558. 242

Zākir Abdulkarīm Nāik,, Answers to Non-Muslims: Common Questions about Islam (India: IRF, 2001), 12. 243

Iqbāl, Voice of the East (Payām-e-Mashriq),38.


According to researcher humble opinion, the Western civilization due to its destructive and

secular approach has become killing venom for the entire humanity nowadays and may be it

become more dangerous in the future due to its mislead and misguided approach.

4.2.3. Moral Impacts of the Western Liberty: The Western concept of freedom has

directly affected the morals and religions very much since its foundation. The Western

concept of freedom acts without any religious or moral instructions. In other words, the

Western thought is developed under the shadow of secularism and modernity, so, it strictly

condemns any religious or moral authority, which may restrict human freedoms. It searches

the universal truth and natural facts without tools of faith and religion. The Western

philosopher Bill Crouse argues; “Modernism is equal to the humanism philosophy of

Enlightenment which started in the 17th

century. In its very fundamental outline it was a

movement that was hopeful about determining universal truth that would clarify all facts of

human life without faith”.244

The modern Western civilization and thought is purely scientific

and avoid religion. Therefore, Prof. S M Vojīca precisely states, “A merely technological

civilization, insolvent of morals, lacking of the civilized and smooth authority of religion,

philosophy, and culture, would be as brutal for the spirit as the pre-scientific civilization was

for the human body”.245

Consequently, Secularism has prepared him for battle with God. According to a

Scholarly note, “Humanism and Materialism refute any religious nature of human being. Man

has put himself and his materialistic wishes and goals above all else, including God”.246

The

trend of absolute freedom of expression and individual liberties is increasing day by day

especially in the Western societies and commonly all over the world. In the Western

countries, it has become the political stunt and every political party is trying to surpass other

with this slogan. We can say it freedom of politics or politics of freedom. The parties which

rose against the absolute freedom and individualism are changing their strategy to win the

election. For example, the conservative party was made to encounter liberalism and its

policies, but nowadays, on issue of free speech and individual liberties are on the same page.

Now, absolute freedoms of speech and individual liberty have become most

significant Western value. So we can say, to attain maximum freedom and minimum

restrictions on civil liberties are the main objective of the contemporary Western

sociopolitical thought. This behavior creates chaos and anarchism in the society. Especially

244

Bill Crouse, Post Modernism: A New Paradigm (London: CIM Outlines, 2012), Publication no.58, 1.

;www.christianinformationministries.com/wp.../Postmodernism/ Accessed: 24/12/2016. 245

Proceedings of the Pakistan Philosophical Congress (Karachi: University of Karachi, 1961), 171. 246

http://www.allaboutphilosophy.org/effects-of-materialism-faq.htm/ Accessed: 25/12/2016.

http://www.christianinformationministries.com/wp.../Postmodernism/

http://www.allaboutphilosophy.org/effects-of-materialism-faq.htm/


the spread of immorality under the shadow of entertainment and religious defamation in the

name of the right to free speech is increasing day by day in the West. Under the cover of

freedom and liberty the hat crimes and blasphemy is scattering in the West and United States

of America. It is frequently observed; as a result of this exercise, the religious minorities feel

fear and unsaved in so-called multicultural and plural Western world.

I. Pornography as Entertainment: The most malicious impact of the Western concept of

freedom is pornography and obscenity. Undeniably, the pornography and obscenity have

become evils and threat in the West and the East, but the most surprising thing is that it is

getting intellectual fuel from the West, because some Western scholars do not bother it as an

evil and consider it a cheap source of human entrainment. Now, it has become a huge

business all over the world and the biggest cities are its centers and people of the poor and

third world countries are its customers. An awful report on Porn business states;

“In 2007, international pornography income was around 20 Billion Dollars,

with 10 Billion Dollars only in America. The Free Speech Coalition guessed

both global and U.S. porn income has been reduced by 50% in 2007 to 2011,

due to the quantity of free pornography material available online”.247

It is also a terrible fact that in the Western countries the governments and scholars have

soft corner for pornography, which help us to understand this matter that there is silent

reconciliation. In the most common words it is directly related to the absolute freedom of

expression. Although the laws are available in the Western countries about pornography but

this tendency to overlook the pornography in the West is equal to open and legal permission

of “Pornography”.248

In Western world Pornography is no ethical issue but the Western world

recognize as entertainment right of a person. Everybody can observe from Holy wood top

movies and also from the entertainment clubs in the Western countries. Now the debate is

just on the age limit. Some suggest the babies of less than 14 may be exempted from this and

law can be implemented on them. Otherwise the rest of them are not counted as crime of

pornography. Currently it has become a serious threat to the Western world in special and in

general for entire human being. It is also noted and many studies proved the third world

countries special, the Africa and Asia are most hunt of this evil due to illiteracy and easy

access to porn material. In other words Western world have involved spreading pornography

247

Covenant Eyes, Pornography Statistics Report 2015 (London: Covenant Eyes, 2016), 4.

www.covenanteyes.com/lemonade/.../2015-porn-stats-covenant-eyes.pdf/ Accessed: 26/12/2016. 248

Pornography: literally, Nakedness. Pornography is defined as the visual materials as movies, pictures,

magazines, show or describe naked people or sex organs in a very open and direct way in order to create sexual

excitement is called pornography. Pornography leads to prostitution and unlawful sexual intercourse, which

harm social norms and morality. The concept of pornography in the East and the West is different. Western

scholars defend it as a source of entertainment, but in the Islamic teachings, it is considered a big social evil.


in the third world countries or has soft corner due to badness engagement and other issues.

According to a Western witness on pornography impacts;

“Pornography significantly distorts attitudes and perceptions about the nature of

sexual intercourse. Men who habitually look at pornography have a higher

tolerance for abnormal sexual behaviors, sexual aggression, promiscuity, and

even rape. In addition, men begin to view women and children as sex objects”.249

Now it has become the hot topic of Western culture. Many laws are founded to

overcome this problem but they failed to control it. According to a PhD research dissertation,

this evil is increasing day by day, especially in the West and generally all over the world. “A

number of trends are evident in today‟s society as the result of pornography. The

mainstreaming of pornography has in fact so flourishing that some even argue that, today

there remains hardly, an image an entertainment fashion or advisement untouched by it”.250

The Western scholars have variety of views on pornography. Some consider it an

entertainment and some take it as harmful to human rights. A Western scholar Ward argues;

“The current feminist opinion has introduced new rudiments into the

pornography discussion. That pornography must be prohibited because it shows

humiliation of women; we have new arguments that pornography defies human

rights because it is humiliating to women”.251

Most interesting thing is that they do not oppose pornography on evil grounds but

they prohibit it only on human rights ground. And this ground has soft corner for

pornography. The human rights theory in the West changes over the time. For example some

years ago, the Gay Rights and Homosexuality was banned in the West, but, now, many

countries allow it, so, now, it has become legal issue in the these countries. So in the future,

if pornography is allowed, it will be also legalized in the West. Instead of it, Islam and book

of Allah strictly prohibit all kinds of porn acts whether they are small or big.


whether open or secret, sins and trespasses against truth or reason”.252

249

Patrick F. Fagan, The effect of Pornography on individual, Family and Community (Washington: Family

Research Council, 2009), 3; http://downloads.frc.org/EF/EF09K57.pdf. 250

Cromoto Power Febres, Liberalism, Feminism, Republicanism on Freedom of Speech (London: University

College London, 2010), 21. 251

David V. Ward, “Philosophical Issues in Censorship and Intellectual Freedom”, Liberty Trends 39:1(1990)

:83-91;https://www.ideals.illinois.edu/handle/2142/7716. 252

Sūrah al-A„rāf 7:33.


Islam considers it a most serious evil, and commands to restrict the all kinds of porn

and obscene literature. Pornography is not an entertainment but it is a moral evil. According

to Dr. Hāshim Kamālī point of view over porn and obscene literature; “Literature about voice

pornography and books which distort the truth, advocate lies and propagate pernicious views

and doctrines may be destroyed”.253

The Prophet ملسو هيلع هللا ىلص teaches us the Islamic morality

likewise, “Whosoever provides me a warranty to preserve what is between his lips and what

is between his legs, I shall guarantee him Paradise”. 254

Moreover, Islam took many valuable

steps to prevent pornography and other evils related sexuality. According to Islamic teachings

the spread of pornography caused to affect the good generation. The Holy Quran declares;

“Those who love scandal published broadcast among the Believers will have a

grievous Penalty in this life and in Hereafter: Allah knows, and ye know not”.255

Here it can be noticed; these Islamic teachings provide safe and humble society which

is most careful about its conduct and behavior. As well as, Islam poses some strict sanctions

and limits to save the society from that kind of evils. Here we do not forget this fact Islam

does not prohibit from healthy entertainment, but Islam differentiates between entertainment

and vulgarity. Definitely, pornography and sexual openness is vulgarity rather than

entertainment.

II. Freedom of Speech and Religious Offence: Due to its importance and impact in the

contemporary world, the issue of blasphemy is very sensitive. According to a research paper;

“In current years, contentious speech, judged as blasphemous by some viewers has been the

subject of important discussion, religious anxiety, and, at times, even aggressive protests”.256

Most of the Western scholars, media and even public dislike blasphemy laws and they

consider them a restriction on the Western values like freedom of expression.

It is a generally agreed upon principle that only suitable laws can stop the crimes and

injustice in the society. If eradicated or dismissed, it is not possible to stop a society from

destruction. But here in the West a group of people is running a campaign against blasphemy

laws in all over the world generally and specially in the Western world that these are

restriction on freedom of speech and press. Here, a renowned journalist and socio-political

analyst Mr. Ibrār Bahkhtīyār righty writes;

253

Kamālī, Freedom of Expression in Islam,15 . 254


Surah al-Nūr 24:19. 256

Avelyn Aswad & Rashīd Hussein, “Why the US cannot Agree to Disagree with Blasphemy Laws,”

International Law Journal 32:1 (2014):119-148; http://www.bu.edu/ilj/archives/volume-32-spring-2014-issue.


“The blasphemy laws are not restriction on free speech but these laws manage

the law and order situation. Moreover, if you criticize and defame Islam and

the Prophet of Islam ملسو هيلع هللا ىلص, considering your right, Muslims will respond to it,

then you call it fundamentalism and restriction on the right to freedom of

speech. This double standard of the West irritates the Muslim youth”.257

The clash and contradiction on the point of religious offence and blasphemy are increasing

day by day between Islam and the West. Unfortunately West does not consider it a crime but

he considers it an important right known as freedom of expression and this right is saved and

secured by national and international laws. But unfortunately with the passage of time from

the Western sides continuously is attached on the sanctity and dignity of the Prophet ملسو هيلع هللا ىلص

under the umbrella of freedom of expression. Muslim world cannot understand this myth that

how freedoms of expression, Islamophobia and hat speech can be equal? Here. The Turkish

Foreign Minister Mr. Ahmet Davugh Speech in UN General on this issue is able to share;

“It was time to put an end to the protection of Islamophobia masquerading as

the freedom to speak freely. Unfortunately, Islamophobia has also become a

new form of racism like anti-Semitism. It can no longer be tolerated under the

guise of freedom of expression. Freedom does not mean anarchy”.258

Muslims‟ protest against Greet Wilders notorious film against the Quran created a

new debate in the Western world. Freedom of expression and other individual liberties have

become the issue of life and death in the contemporary Western societies. They see it a

serious threat. A well-known Western scholar Roger Scurton considers it an open threat to

freedom of expression ant its future in the West. He argues; “We are inflowing a condition

that should be vigilantly supervised if our official and political traditions are to stay alive. But

an approach of mishandling the position is to permit an aggressive minority to dictate us their

conditions”.259

In this sense, the blasphemy of different religions, especially, of Islam and

elimination of blasphemy laws are their favorite topic. Zimmermann expresses his views;

“Religious defamation laws are apparently planned to endorse larger tolerance

and harmony amongst religious sets. And until now, such defamation laws are

theoretically unsafe and their postmodern attitudes create results that are

regularly opposing the level of tolerance their supporter trust or seek for”.260

257

Ibrār Bahkhtīyār, “Izhār-e-Āzādī yā Izhār-e-Āwārgī”, Jang Newspaper Sunday Magazine 57:45 (2015):8. 258

http://dawn.com/2012/09/30/muslim-world-questions-wests-freedom-of-speech-concept/ Accessed: 27/9/15. 259

Rogger, “Free Speech in Europe: It is at Risk”, 34-37. 260

Zimmermann, “The Postmodern Understandings to Vilification Laws”, 85-114.


Due to this policy the religious minorities, especially, Muslims feel insecure in Western

countries. Therefore, it should search out that it is officially policy of the West against Islam

or individual efforts of someone in public for political point securing.

They do not accept blasphemy laws in Western countries and run a worldwide

campaign against these laws, which are not already functional. In the Western societies, Islam

and Islamic values are their special targets. Fleming Rose, the editor of Jyllaynds Posten said

about the publication of cartoon in 2006 under the title; “Why I Published the Cartoons; I

agree that the freedom to publish things doesn‟t mean you publish everything. Jyllands

Posten does not publish pornographic images or graphic details of dead bodies; swear words

rarely make into our pages. So we are not fundamentalists in our support for freedom of

expression. But the cartoon story is different”.261

Subsequently, it can be said it is a clear

Islamophobia, not just freedom of expression. If it is freedom of expression, what is the

difference, then, between freedom of expression and freedom of insult? Here, we should not

forget that here is slight difference between freedom of expression and freedom of abuse; so,

we must care the balance between freedom of expression and other rights. According to a

Western scholar and Justice Mr. Burrow‟s judgment on freedom of speech and other rights;

“If you don‟t regulate enough, unquestionably people can be hurt. If you‟re too

free, you can damage society, you can damage individuals. At the other end, if

you‟re too regulated and too restricted, the public aren‟t given the information

they need. It is the most difficult area in the whole of the law to get right. There

are just so many cross currents, so many important interests in it, that to strike the

correct balance that will please everybody is virtually impossible”.262

Here, it can be asked if the same editor is willing to publish cartoon of the Prophet

Jesus (AS) and the Prophet Moses (AS) the same way. If he cannot do this due to some

religious, social and moral reasons, then why Islam and Muslims are under threat of this

radical and so-called freedom of expression. Thus, Khurshīd Aḥmad rightly comments;

“The calumnious cartoons are being justified on the grounds of secularism

which is ridiculous pretext as the bogey of free expression. There can be

nothing more illogical and abused than to claim secularism, but feel free to

make fun and cast aspersion against religion. It is just a fake excuse;

261

http://www.jp.dk/english_news/artikel:aid=3566642/ Accessed:28/09/2015. 262

Symposium on Bill of Right, “Balancing Responsibilities with Rights: freedom of expression and Hat

Speech”, (Ministry of Justice New Zealand, 2006), 12.

http://www.jp.dk/english_news/artikel:aid=3566642/


actually, this activity has roots in the past Western hostility against Islam

and Prophet ملسو هيلع هللا ىلص”.263

Another important result of this hostile movement against Islam and the Prophet ملسو هيلع هللا ىلص

is that the clashes between Islam and the West are increasing day by day. The fresh example

of this clash is the Paris attacks264

on November 2015. The world cannot forget the Charlie

Hebdo attacks and now the Muslims of the West are facing other crises in the name of new

Paris attacks. Many of the Western leaders and politicians for their vote bank consider the

Muslims as accused of these attacks. Even some of them are demanding to ban the Mosques

and Muslim community centers in the West. On example of this aggression and hostility is

the statement of American presidential candidate Donald Trump. Monthly Atlantic reports;

“The Republican leader and presidential candidate Donald trump stresses an entire and

absolute blackout of Muslims265

incoming in the America until our country's representatives

can shape out what is going on”.266

On the basis of this unknown fear they are making new

laws against Muslims in the name of security issues. Currently the Europe has become a

prison and torture cell for Muslims. Hate crimes and Islamophobia have become routine in

Europe and Muslims are concerned of their safe future in the secular West. Here the basic

issue is that Western scholarship considered religion as secondary thing and promote

individual rights. For that purpose they leave respect of religion and promote respect of

individual freedom. A current report of UN on freedom of religion and belief recommends;

“In the human rights framework, respect always relates to human beings ...

The idea of protecting the honour of religions themselves would clearly be at

variance with the human rights approach”.267

Furthermore, currently, the Muslim enmity has become the Western tool of politics.

Even the freedom of expression and religious issues has been politicized. Some scholars say

it is the politics of free speech. Some attaches it to the Muslim fundamentalism. In this sense

Bernard Lewis comments; “We are facing a requirement and a movement for surpassing the

stage of matters and polices and the government that trails them”.268

It is very terrible

situation that scholars are going to keep alive the historical clashes between Islam and West.

263

Khurshīd Aḥmad, “Secular Democratic Right and Blasphemous Cartoons”, Policy Perspective7:2(2010):1-26 264

New Paris Attacks: On November 15, 2015, Paris was re-attacked and 130 people were killed in this harsh

attack. According to some scholars, this attach was reaction of Blasphemous cartoons of the Prophet of Islam

.This attack also has compelled to revisit the limits of freedom of speech.(ملسو هيلع هللا ىلص)265

Absolute blackout of Muslims: Later on, when Donald Trump succeeds to entrance in White House, his first

ordnance was related to this issue. But the supreme court of America rejected it on human ground issues. 266

www.theatlantic.com/politics/archive/2015/12/donald-trumps-call-to-ban-muslim/Accessed:27/12/2015. 267

Report of the Special Rapporteur on freedom of religion or belief, 2013, U.N. Doc. A/HRC/25/58, Para. 33. 268

Lewis Bernard, “The Roots of Muslim Rage”, Monthly Atlantic (September,1990),P.60;www.dtic.mil/cgi.

http://www.theatlantic.com/politics/archive/2015/12/donald-trumps-call-to-ban-muslim/


Basically, the nature of Western politics is capitalist not democratic, so their politicians every

time try their best to sale their products and the modern time trade is fear. Khan says; “The

driving force in the West is not democracy but capitalism. In essence, the capitalism involves

the exploitation of human as well as material resources to generate profits for investors”.269

The behavior of West is inviting the clash between Islam and West. Mr. Isrār al-Ḥaq argues

in a research book; “The West is running a hostile movement against Islam in the so-called

war of terrorism. This attitude develops discrimination and injustice against Muslims”.270

Thus, we can say it is a cold war of ideas with new names, which is based upon divine and

materialistic foundations. According to John L Esposito statement;

“So many people seem to assume the next era of history as the era of clash

between your part of the world and mine. It is right that we exist elbow to

elbow with each other. It is also fact that our elbows are hammered glaringly

together many times in the past”.271

But now, in the changing climate the world has become a global village and any

incident is felt and protested in all over the world. It is also observed that Muslim cannot be

neglected more in the world of politics and power. This global world gives a message to

Muslims that they are waking and not sleeping. They are noticing every incident accrued in

the world, the East or in the West. Therefore, for the sake of universal peace and prosperity,

both opponents should show patience and tolerance. It is also can be perceived that Muslim

cannot be more ignored and exploited more in international sociopolitical scenario.

“In all systems of law reflects the realities and experiences of the world's

different nations and societies, and Islamic law is no exception to this. There

may be instances, however, in some of the detailed formulations of the

established schools of law, which may not serve the ideals of harmony and

cohesion in the pluralistic and multi-religious societies of our own time”.272

Therefore, it is suggested from the above discussion in international legal framework,

Muslims and their religion, Islam wants his proper part and participation. Therefore, West

cannot say more that the religion is less important than individual but Muslim in context thy

religion special the dignity and sanctity of the Prophet ملسو هيلع هللا ىلص has more importance than any

other thing. Thus the international law makers must consider these issues and reservations in

their legal framework of the future.

269

Ziā, Khan Hussein, Bloody, Dangerous and False (West York: Wakefield, 2003), 153. 270

Asrār al-Ḥaq, Islam aur Maghrib kā Taṣādum (Lahore: Bay„at al-Ḥikmat, 2007), 12. 271

John L Esposito, “Islam and the West after 9/11”,The Economist, (December,1990),18; www.unaoc.org. 272

Kamalī, “Approved and disapproved verity of opinion in Islam”, 17.


4.3. Comparison of Islamic and Western Impacts of Freedom:

As it is mentioned before the both thought Islam and West have different sources. So,

on the behalf of these sources they react in exclusively different way. Therefore their impacts

on society, special on socio-religious norms is entirely different to each other but mostly

opposite to each other. This opponent behavior between two thoughts and civilization cerates

clash. According to the historian and expert of Islam and West the clash and encounter

between Islam and West are the historical facts. Both the thoughts and civilizations have a

rival history of centuries. Every one of Islamic and Western thought and civilization claims

its victory, success and completeness. Both the civilizations have influenced the human

history in every field of life. However, their historical values, particularly, geography,

strategic importance and special composition of thought, everyone has its own point of view

on different issues. Due to this theoretical and strategic difference they have different world

view, approach and impacts on diffident matters of mutual interest. In other words, both have

conflict of interest. Islam and the West are not only terms but these have two points of views.

Both have been opponent trough out the history. Western scholars describes it wide history,

“The current contention with the West in Islamic countries has an extensive history, starting

with the early conflict with the West in the colonial period till the present era”.273

It is also

noticed from Muslim scholars that the clash and encounter between Islam and West is not a

local or territorial clash but it is an ideological and theological one. Therefore, it is said on

the behalf of this argument the status of this conflict is neither national nor has country

background but this is actually an ideological war between two messages: one is the message

of truth and other is message of falsehood.

Actually, in modern academic sense it is the cold war of ideas (Ghazwah al-Fikrī) 274

with new names and terms. It is based upon divine and materialistic foundations. On the basis

of these features, it was said the East is the East and the West is the West and two shall never

meet. A Western scholar Funk Nathan argues likewise;

“It usually happens that the Islam and the West prove to be stuck in a rising phase

of political and cultural clash, and that the most important basis of this enmity is

the intensely injustice nature of Western relations with the Muslim World”.275

273

Martin Kramer, Arab Awakening and Islamic Revival, (London: Transaction Publishers, 1996), 141. 274

Ghazwah al-Fikrī: This is an Arabic term, which used to describe the encounter and clash of thoughts. In

Islamic and Western perspective this term is used to interpret cold and warm war of ideas. 275

Nathan Funk and „Abdual„Azīz Saī‟d, “Islam and the West; A Narrative of Conflict”, International Journal

of Philosophical Studies 9:1 (2004):1-30; www.gmu.edu/academic/ijps/vol9_1/Funk&Said_91IJPS.


This direction and strategy show the dimension of priorities of Islam and the West. The

Islamic priority is safety of moral and social values but instead of it the Western thought and

civilization focuses on maximum human rights and liberties. These priorities difference is

going to be contest and clash between Islam and West. When w compares the Western and

Islamic impacts of freedom these differ each other‟s.

In Islamic perspective, the spirituality and politics are one and treated same way.

There is no division between public and private affairs (secular and religious) in Islam

because Islam is a revealed and comprehensive ideology of life. In stronger words a complete

code of life. Islam is a dynamic thought which at the same time deals with politics and

religion and fulfills human need of spirituality of both. Allah teaches us in the Quran;

“And there are men who say: O, Our Lord, Give us in this world that which is

good and in the Hereafter that which is good, and save us from the torment of

the Fire”.276

Keeping in view, in different thoughts and religions the spirit and material is separately

entrained but Islam is the name of the unity of faith and material. Islam removes human

confusion about spirituality and material because this rejects the secular approach of public

and private and presents comprehensive and dynamic solution of this division. Here

comments of leading Western magazine “the Economist” seem most valuable;

“May be Islam is the single concept in its nature that it does not divide politics

and religion. Islam avoids division of spirituality and its public affairs. May

be Islam is the last concept in this matter? It is possible that Islam may prove it

a power again and lead other nations to search out link between the ethics and

public life”.277

Thus, the unity of spirituality and secularism or religion and politics or social and individual

issues, is the most dynamic and global political impact of Islam.

In the field of politics Islam introduces accountability and consultation as a

foundational and most vital principle. Islamic system of government cannot run smoothly

until the accountability and consultation are not there. A number of verses of the Quran and

the prophetic tradition describe it openly. Even the golden era of the Islamic politics which is

called the caliphate system not recommend caliphate without consultation and accountability.

Allah recommends the Muslim rulers when they rule over they implement the Islamic system

276


Jāvaid Qāḍī, Islam and the West (Lahore: Sāring Publication, 1999), 26.


without any restriction and hesitation. This also perceived from the Qurānic verses, the

Islamic system of government is reveled from Allah. The Nobel Quran describes this fact;

“Those who, if We establish them in the land, establish regular prayer and

give regular charity enjoin the right and forbid wrong”.278

The kind Prophetملسو هيلع هللا ىلص says about sense of responsibility and duty regarding public affairs a

as well as for individual affairs both. Many times Islam does not differentiate between public

and private matters. Here the Prophet ملسو هيلع هللا ىلص also said categorically;

“Every one of you is responsible and accountable for his subordinate. So, all

of you are custodians and accountable for your affairs”.279

Categorically, we should not forget this fact, this command is not limited to government but

in Islamic teachings but the consultation, accountability and responsibility in Islam are an

expression of equality, public and individual accountability and freedom of expression and

thought. Islamic system of rule fulfills individual and public responsibilities with

consultation and accountability with all possible means.

Contrary to this the Western political system is entirely different from Islamic system

of rule. The first difference between Islam and the West is division of politics and religion.

Islam mange the public and personal affairs on the basis of divine instructions but the West

establishes its political system on secularism, separation of public and private. So, Islamic

and Western political system is opposites of each other. One is a product of religion and

other is an opponent of religion. Here, a Western scholar Prof. Baryon Turner observation is

most valuable, “Secularization is an important element to the idea of the reflexive self and

most traditional theories of the self, individualism and independence supposes a reflective

procedure of social dissatisfaction of faith”.280

Here it seems interesting to share that some

scholars claim that secularism is not the rival of religion but it only wants to limit it to

personal life. In this issue they quote Christianity as an example but they forget the nature of

Christianity as religion is secular. The scholars of Bible present this proof,” Then Jesus told

them, give to Caesar what Caesar‟s is and to God what is God's”.281

This verse of the Bible

is presented as key argument between division of religion and politics.

Another important matter is that Christianity suits every secular system but Islam

can‟t do so because Islam is a complete code of life. It deals with the spiritualty as well

278

Sūrah al-Ḥajj 22:41. 279


Bryan S. Turner, Orientalism, Postmodernism and Globalism (London: Rutledge, 1994), 189. 281

Mark 12:17.


politics and public affairs. At that point Graeme Smith rightly articulates, “Christian identity

is liquid because it alters itself whenever it enters to a new milieu. Christian‟s history shows

it constantly”.282

We should know this reality that the West forcefully prohibits the religion

from public affairs because without it the security of secularism is not possible. But majority

of renowned Muslim scholar denies this fact but the question is that if secularism does not

like religious role in public affairs then how anybody likes it in personal life. Mr. Anwar

„Abbāsī notices; “Instead of it, some Muslims scholars want to exercise secularism because

they desire to experience the Western example in the Muslim societies”.283

This dangerous

tendency moved towards secular democracy which rejects all kind of sacred involvement in

public affairs. Consequently, it can be observed the Western political system and its

venomous impacts on human society.

Moreover, Islam much focuses on the reformation of human society and

establishment of relation with Prophets and God (Allah). In Islam, the first man Ḥaḍrat

Adam was the Prophet of Allah as well. The basic objects of the Prophets were to reform

societies and individual. Almighty Allah says in the Nobel Quran;

“Allah sent among them a messenger from among themselves, rehearsing

unto them the Signs of Allah, sanctifying them, and instructing them in

Scripture and Wisdom”.284

The Prophet ملسو هيلع هللا ىلص frequently said;

“My example and your example is that of a person who lit the fire and insects

and moths began to fall in it and he would be making efforts to take them out, and

I am going to hold you back from fire, but you are slipping from my hand”.285

In addition, for social reforms and cooperation Islam establishes principle of social justice.

“And help one another in goodness and piety, and do not help one another in

sin and aggression; and be careful of (your duty to) Allah”.286

The combination of worldly and religious affairs shows its appreciation and

appearance at the global level. Therefore, it is considered from its divine features. On the

basis of its divine features Islam wants to establish a welfare society which voluntarily

282

Graeme Smith, A short History of Secularism (New York: I. B. Tauris Publishers, 2008), 10. 283

Abbāsī, Tehdhīb-e-Maghrīb: Phalsafā-o-Natā‟ij, Part.1:32. 284

Sūrah Āle-„Imrān 3:164. 285

Ṣaḥīḥ Muslim, Ḥadīth no. 6098. 286

Sūrah al-Mā‟idah 5:2.


cooperates with each other. In spite of this, the West establishes a materialistic society which

only depends and lives for this life. The materialistic and secular concept of human being

blurs every ethical values of the Western life. The first hunt of this modern movement was

the institution of church (Religion). This movement rejected all types of religious values and

faith. This refuted God and the battle of good and bad is declared as mythology. Due to this

anti religion movement against church has deep roots and affects and now Muslim are facing

serious issues regarding acceptance and respect of religion till today in the West. But instead

of this in Islam religion and religious freedom has an account of appraisal a well as sensitive

issue. According to Dr. Fathi Usman valuable verdicts on freedom of religion;

“Freedom of religion acquires special significance in the Shari ah, a system of

law which recognizes no clear division between legal and religious norms.

Since the creed of Islam lies at the root of many a doctrine and institution of

the Sharī‟ah, the freedom of whether or not to embrace and practice Islam is

the most sensitive and controversial area of all individual liberties”.287

The important matter is that after the rejection of religion and moral values they could

not get any solid foundation of human society. Therefore, in the West we see a kind of

internal war of ideas and anarchism in the society. Despite having plentiful materialistic

resource every person is dissatisfied and hopeless from his future and life. Carol Jung

presents a scenario; “I have very clearly felt that I am hopeless to any reasonable future of

this world. It was a censorious dream that we live in a peaceful, happy and harmonious

world which has been broken”. 288

Materialistic approach makes man a machine, which

distorts his humanity and moral values. Hence, a Western scholar Gai Eaton writes;

“In the long human history, the honor to make a great civilization is our

achievement in the era of 19th

and 20th

centuries. The industrial revolution

gave many materialistic benefits to human beings, but it created such a society

and life for a man which is not less than a terrible dream”.289

The modern Western society due to its deeds is continuously running on the lines of

destruction, than what is the cure for this mental and physical sickness. Let us come to Allah.

“Be quick in the race for forgiveness from your Lord”. (Surah Āle „Imrān 3:133) Every

society depends and lives on the base of morality. Islamic stand point for morality is very

clear. In Islamic teachings the revelation (Wahī) is the base of every moral and ethical value.

So, Allah guides us towards the Prophetic morals;

287

Fathī , Huquq al-Insān Bayn al-Shari‟ah al-Islamiyyah wa'l-Fikr al-Qānūnī al-Gharbī, 97. 288

Carol, Modern Man in the Search of Soul,P.235 289

Gai Eaton, The King of Castle (Cambridge: Islamic Text Society, 199), 109.


“Nun, By the Pen and the (Record) which (men) write, Thou art not, by the

Grace of thy Lord, mad or possessed, Thou art not, by the Grace of thy Lord,

mad or possessed And thou (standest) on an exalted standard of character”.290

Definitely the prophet ملسو هيلع هللا ىلص was a model excellence for ethics and also send to complete the

divine ethics. The Prophet ملسو هيلع هللا ىلصstates the objective of Prophet-hood, “Verily, I am sent to

complete the ethics and morality”.291

Therefore, the divine ethics and morality of the last

Prophet ملسو هيلع هللا ىلص is role model for Muslims and whole human being.

Islam focuses on equality, human dignity and interfaith respect. For that purpose, the

Quran very much focuses on creation of man from one man and woman. Hence, the religious

freedom and pluralism has been the most dominant feature of the Islamic thought. Almighty

Allah grants freedom of religion due to human dignity. The Quran frequently says, “There is

no compulsion in religion”. (Sūrah al-Baqrah 2:256) Therefore, on the behalf of this clear

argument Muslim scholars do not accept Islam by force or under any threat. It is illegal to

force a disbeliever to embrace Islam. If, a disbeliever is compelled to accept Islam, He is not

counted as Muslim until his confession is a result of his own choice. It is not only an ethical

and verbal mater but legal one as well. So, the first constitution of the State of Madīnah gives

religious liberty. According to most valuable comments of a renowned Islamic scholar

Professor Dr. Muhammad al-Sulābī;

“The constitution of Madīnah declared the freedom and rights (Including

freedom of religion and expression) to all citizens, including the Jewish

residents of Madīnah, who lived under the flag of the Islamic State”.292

The objectives of pluralism are not simply tolerance but also to understand and respect the

others faith. Many Muslim scholars give highly value to pluralism and diversity in Islamic

state and society. Therefore, it is said, “Pluralism does not aim simply to maintain tolerance

but entails active effort to gain an understanding of the others”.293

The sufficient evidences

lead us towards the importance of religious liberty, pluralism in Islamic society and state. We

find a good deal of literature on this issue in Islamic history.

In the Western perspective, religion and religious respect has no validity and

importance so they blaspheme religion and religious institute in the beautiful names of

290

Sūrah Nūn 68:4. 291

Mawa‟ṭṭā Imām Mālik, Ḥadīth no.1674. 292

Sulābbī, The Nobel Life of the Prophet ملسو هيلع هللا ىلص,P.787 293

Kamālī, Muhammad Hāshim, “Diversity and Pluralism : A Qurānic Perspective”, Islam and Civilisational

Renewal 1:1(2009):27-54; http://www.iais.org.my/icr/index.php/icr/article/view/245/238.


freedom, liberty and human rights. Hence, the religious offence and blasphemy are the most

high rate crimes in the West. It is the historical facts that the West has defamed and

blasphemed Islam through the centuries due to religious bias. Thus, PK Hitti confessed;

“Unluckily, in the last decades, particularly, the influence of the West is not

all for fine, there is a remarkable clash between the humanitarian views

professed by the Western missionaries, intellectuals and preachers and the

disrespect of human standards by the Western politicians and worriers”.294

The most famous and land mark clash between Islam and the West are the blasphemy

issues. The West considers it free speech but Muslims look at it as freedom of abuse.

Moreover you can find many laws against religious feelings and personal defamation but

there‟re is no implementation in Islamic context. This clearly means man is more honorable

and dignified than the Prophets and religions. If arguments are so clear then what they cannot

stop the clash between societies and communities. The West claims absolute freedom of

speech but practically it is not possible. Here, Sindre Bangstad rightly stated about the

importance of freedom of expression and it‟s helpless to absolute. “Free speech has a vital

rule of any liberal, secular and democratic state and so it should be. But in spite of public

contention to the opposite, there is no community in which free speech is absolute”.295

The absolute trend of freedom of expression and its impacts on the society is also

much notorious. The blasphemy of the Prophet ملسو هيلع هللا ىلص is creating another crusade in this

nuclear world. Here, Muslim scholars observed that it is like a crusade. It is said continually

that the Western worries have declared a civilization war against Islam after publication of

the controversial cartoons of the kind Messenger ملسو هيلع هللا ىلص in Jyllands Boston. It is like a crusade

and it is just a beginning in this way the West is playing with the peace of the entire World. It

is also a harsh truth that after 9/11 the blasphemous and racial attacks against Islam are

recoded many numbers. Therefore, Mr. Amir Saeed comments that “After 9/11 attacks all

over the Western world including America, Muslim community faces rising serious physical

and oral threats”.296

Even many impartial Western scholars noticed that Freedom of

expression does not mean freedom of abuse. A Western voice De Souza rightly argues;

“Liberty of speech is not a license to violence. The liberty to discuss thoughts does not justify

294

Philip Khuri Hitti , Islam in the Modern World (Washington: Middle East Institute, 1951), 7. 295

Sindre Bangstad, “Fighting Words ; What‟s wrong with Freedom of Expression,” Journal of Ethnic Studies

(2014),Vol.40,No.2,PP.266-282;http://www.tandfonline.com/doi/abs/10.1080/1369183X.2013.851475. 296

Āmir Saīd, “9/11 and Increase in Islamophobia”, Radical History Review 211(2011):210-215;

http://rhr.dukejournals.org/content/2011/111/210.full.pdf+html.


liberty to use offensive expression”.297

Hence, the Islamophobia and blasphemy have shaped

a hostile movement and threat against Muslims in the West. Every coming incident is

increasing the tension between Islam and the West, which is not a sensible approach.

The rivalry of the West and Islam is going towards a steep rent, which is more likely

to know as the clash of the civilizations. A Western philosopher Samuel P‟ Huntington

clearly said it the clash of Civilization, the ex-American president junior Bush with his team

declared a crusade and acted upon it in his regime and now McCain named it an open battle

against the West. The late USA Voice President once stated, “The reality is that America

was founded, in part with the target of looking this false religion ruined and I think 9/11 was

the historical call to weapons that we can no more overlook”.298

Some scholars understand

that the West has silently adopted this theory, although it was total wrong. Although, we are

not in fever of the clash of civilization, Islam promotes dialogue among civilizations but we

cannot more overlook or ignore this threat because Islam is the victim. Prof. Khurshīd Ahmad

noticed;

“In the contemporary World, very dangerous thing is that the clash of civilization

is presented as a future of the nations. The clash is not a suitable word to use for

civilizations, it is suitable to use for good and bad for point of difference”.299

Here, it is a considerable issue that the current blasphemous cartoons provide a reason

for that clash between Islam and the West. Many studies show that unlimited freedom of

expression and its link with blasphemy of the kind Prophet ملسو هيلع هللا ىلص Muhammad is creating a

kind of specially conflict between Islamic and Western world. If the world wants peace and

prosperity on international level then it must try to eliminate this conflict and clash between

Islamic and Western world as soon as possible. We see many valuable suggestions as well

from the Western side. At that point, Robert Wright argues are able to share;

“This variety of anger and basic grievance confuse the challenge. The offence in

question is the crystalline mark of the overall confront because so many of the

objections combine in logic that Muslims are not valued by the powerful West”.300

At this juncture, with sorry to say and, West should also confess that some Western scholars

are presenting Islam as a threat to the West. It is openly said, “Fundamentalist Islam is a

297

De Souza, Teotonio, “Freedom of Expression or Abuse”, Heraldo (November 1, 2015):1-2;

https://www.academia.edu/15319027. 298

Graham E. Fuller, The World without Islam (London: Little Brown and Company, 210), 200. 299

Khurshīd Aḥmad, “Tehdhībūn kā Taṣādum ”, Tarjumān al-Quran 133:5( 2006):2-30. 300

Wright, Robert, “The Silent Treatment”, The New York Times, February 17,2006;

http://www.nytimes.com/2006/02/17/opinion/17Wright.html.


drastic utopian movement like Communism, then to conventional Islam”.301

Basically, some

Western scholars try to interpret Islam according to their whims and wishes like terrorism.

Actually, a reasonable figure of the prominent Muslims and the Western scholars

realize that this is an endless and useless war between Islam and the West which is

continuously wasting the intellectual and physical assets of the human being. Consequently,

some impartial voices from the West are considerable during this clash. Esposito comments;

“The contemporary challenge is to understand the variety of Islamic performers and

movements to determine the causes behind conflicts and clashes, and therefore, to respond to

exact dealings and position with conversant, rational reactions, rather than prearranged

hypothesis and responses”.302

In the current situation of clash, it is a suitable suggestion to

solve the problem. Here, Muslim scholars suggests, that in this situation, there is an entire

need of a positive and constructive dialogue between Islam and the West. For that purpose

every group should take part to achieve peace as priority with fair intentions. Many scholars‟

of the international repute including the Western scholars also have given their valuable

suggestions towards peace, harmony and dialogue among civilizations and faiths. We must

perceive and appreciate a peaceful call from the West;

“It should be everybody‟s crucial task to struggle for a world where all people

should be equally treated. That is amazing that the cognitive part of the world

will have studied from the normative part from the world. While the normative

scholars have to contribute to the personal and the special space it needs”.303

I think on the basis of valid arguments there are two major factors which badly affect

Islamic and the Western relationship: one of them is their historical clash and opposing

attitude, which now have appeared as religious rival in the name of freedom of expression

and second one is political, social and economic injustice. Moreover, the hostile movement

from the West compels the Muslim scholars to revisit their attitudes and thinking regarding

Western world. We do not blindly follow the Western civilization and thought. Majority of

Muslim scholar believe that the West is open-minded but actually it is so. Consequently, it is

recommended that there is no peace without justice, respect and equality between the nations

and communities. Therefore, there is need to solve the burning issues with humbleness,

justice and respect.

301

Daniel, Pipes, “There are no Moderates: Dealing with Fundamentalist Islam”, The National Interest 41:3

(1995):48-57 ;http://www.jstor.org/stable/42897027. 302

Esposito, The Islamic Threat Reality or Myth, 169. 303

Dennis Landscheidt and Stephen Wollny, The Conflict Between Western World and Islam (Glauchau: ICM,

2004), 17;www.landscheidt.com/The%20Islam.pdf.

Findings Conclusions and Recommendations

304 Findings: Conclusions and Recommendations

Conclusions

Important conclusions drawn from the study are stated below;

1. The concept and scope of freedom of expression, its aims and objectives in Islamic and

Western perspectives are entirely opposing one another. Islam grants freedom of expression

for human dignity, moral and religious purposes but the western thought uses it for

secularism, human entertainment and individualism.

2. On the basis of provisions, both the thoughts have different aspects of free speech.

Pornography, obscenity, and human humiliation are illegal in Islam but they are allowed in

the modern Western World.

3. The fundamental sources of both thoughts are much different from each other. The first one is

based on the revelation and its basic principles are derived from the revealed text, but the

other one is manmade concept, so its principles are derived from human experience and

philosophy.

4. Both thoughts have different viewpoints about the status of religion: the Western thought

considers religion as a personal matter and does not give it entrance into collective affairs but

Islamic politics and society are based on religion. Therefore, both Islamic and the Western

approaches for and against religion are entirely different from each other.

5. The limitations and principles of the freedom of expression are entirely different in Islamic

and Western thought. Therefore, sometimes the Western thought denies limitations or accepts

nominal restrictions on freedom of speech but Islam demands some reasonable boundaries

and limitations on free speech with special reference to moral and social values.

6. The approaches of both thoughts to freedom of speech are entirely diverse from one another.

One has secular approach and the other has religious approach, one has limited approach and

other has unlimited approach. It is also an interesting fact that the absolute freedom of

expression is not granted in any country of the world, not even in the West but instead of it, a

group of Western scholars demands absolute freedom of speech.

7. On the basis of the divergent approaches, the impacts of both types of freedoms are different

from one another. Therefore, if one thing is legal in the West, this may be illegal and

prohibited in Islam.

8. The major conflict between Islam and the West is the blasphemous caricatures of the Prophet

of Islam ملسو هيلع هللا ىلصin the name of free speech. The West defames Muslims’ most respected

personality and calls it freedom of speech but the Muslims community considers it freedom

to abuse and defamation of Islam and their Prophetملسو هيلع هللا ىلص.


9. There is also a big dilemma that the contemporary West has double standards in their laws

and policies about Muslims, especially in rights and liberties. If freedom of criticism and

expression is an absolute right, then, why they do not allow criticism on Jewish Holocaust

and Christian rituals?

10. The racial critics and religious defamation against Islam have shaped an organized campaign

of Islam phobia in the so-called civilized and multicultural West. This Islam phobia

movement has historical roots in Christendom, Zionism, Orientalism and enmity of Islam in

the West. Moreover, there is no effective international legislation against Islam phobia and

religious blasphemy till date.

11. The Western media has become a regular opponent of the Muslims in the Western countries

because most of the media groups are owned and run by Zionists and anti- Muslims. They

portray Islam as a source of every evil and terrorism all over the world.

12. Internationally, the West is increasing interference in economics, politics, social and

strategic affairs of the Muslim countries. In other words, the Western conspiracy is carried on

against Muslim community all over the world. They have declared an unannounced war

against Islam and Muslims in every field of life, ideologically and practically.

13. The western cold and hidden wars have been turned into open and declared war. The so-

called conspiracy theory of the clash of civilizations is openly exercised, now. It is also

observed the injustice and discrimination from the West is going on in every field of life.

14. The role of international organizations as UNO and Commonwealth is very poor and

apologetic about Muslims (because in the UN, Muslims are not counted as a valid

community). In other words, it can be assumed a biased attitude.

15. The meaningful, positive and constructive dialogue at the level of scholars with states

representatives can solve the conflicts and misconceptions between both the thoughts. It is

also observed that without complete justice, full respect and complete equality, the dialogue

cannot be proved fruitful.

16. This study explores that the international laws on blasphemy are insufficient to adequate the

blasphemy and hate speech against religious communities, especially against Muslims in all

over the world and specifically the West.

17. This study also concluded that Islamic tecahings does not reject or completely sanction

freedom of expression, but Islam just wants to make difference between freedom and turmoil.

18. It is also concluded that the manmade solution for humanbeing have failed to cure their evils

and problems. So it is necessary to adopt revealed approach with its complete spirit and

justice.


Recommendations

The subject “Comparative Study of Islam and the Modern Western Thought” has been a hot and

throbbing topic of study and research throughout the history. It needs more attention in the

contemporary era especially, when theory of the clash of civilization is going to be exercised by

the West. Here, some important recommendations are presented for further study on this topic:

1. There is a dire need to launch a group study on the concept of rights and liberties in Islamic

and the Western thought. There should be academic efforts to try to know the major

contradictions between the rights and liberties in the Western and Islamic thought?

2. There is need to establish special institutions which study and research on different issues and

aspects between Islam and the West. Also, to promote meaningful and constructive interfaith

and inter-civilizational dialogue between the two opponents.

3. The West is not a single approach and thought, it contains different traditions and theories,

and therefore, we should try to learn their languages and research techniques. There is also a

need to answer the West according to their tools of knowledge.

4. The Holy Quran and its authenticity, the Prophet-hood of the Prophet ملسو هيلع هللا ىلص, Modernity and

Post modernity are viable subjects of study and research between Islam and the West.

5. In the contemporary sociopolitical scenario, Islamophobia and its causes have become the

most crucial topic of study in Islamic and Western perspectives. There is also a need to

explore the historical links between the Islamophobia and the Western Orientalism.

6. The reciprocal relationship between rights and duties, liberties and responsibilities can also

become an important field of research in Islam and the West.

7. There is a need of practical research and study on different aspects of the Islamic and the

Western thought. For this purpose Islamic centers in the Western world can help the scholars.

8. Freedom of Religion in Islamic and Western thought in historical and contemporary

perspective can become the most significant research of the subject.

9. The contemporary Western hostile movement and its impacts and demerits on Islamic and the

Western relations are also a significant field of research.

10. To enhance awareness on this topic, there is a need to manage some important, national and

international seminars, conferences, workshops and courses by selected universities.

11. It’s also recommended that the UNO declare crime to blasphemy of any founder of the

religion specially Prophets of all religions. Also there is need of laws against blasphemy.

12. This study recommends that international community must have to differentiate between

freedom of expression and freedom of abuse; otherwise it is difficult to manage world peace.

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