Freedom of Expression in Islam

by Prof. Mohammad Hashim Kamali

Overview

In recent years the subject of freedom of expression has become a topic of heated debate. Freedom of Expression in Islam offers the first and only detailed presentation in English of freedom of expression from both the legal and moral perspectives of Islam. This work is a pioneering attempt in examining both the evidence on freedom of expression in the sources of the Sharia and the limitations, whether moral, legal or theological, that Islam imposes on the valid exercise of this freedom. Freedom of Expression in Islam is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour.

Product Details

ISBN-13:	9780946621590
Publisher:	Islamic Texts Society
Publication date:	08/01/1997
Series:	Fundamental Rights and Liberties in Islam , #4
Edition description:	Revised
Pages:	350
Product dimensions:	6.00(w) x 9.25(h) x 1.27(d)

About the Author

Prof Mohammad H. Kamali is Chairman of the International Institute of Advanced Islamic Studies, Kuala Lumpur, Malaysia. He was formerly Professor of Law at the International Islamic University Malaysia, where he taught Islamic law and jurisprudence for over twenty years.

Read an Excerpt

Commanding good and forbidding evil (al-amr bi'l-ma'ruf wa'l-nahy 'an al-munkar) is a cardinal Qur'anic principle which lies at the root of many Islamic laws and institutions. As an epithetical description of Islam itself, this principle is the supreme objective of the Shari'ah, and the ethical core of governmental power. Accordingly, citizens are, in so far as their conditions and capabilities permit, entitled to speak and act in pursuit of what in their enlightened judgement seems good, or they can forbid, whether in words, acts or silent denunciation, any evil which they see being committed. This Qur'anic principle, also known as hisbah, lays down the foundation of some of the basic liberties that form the principal theme of many modern constitutions. Although hisbah is much wider in scope and cannot, therefore, be confined to freedom of speech alone, it is nevertheless no exaggeration to say that this freedom is of central importance to the concept of hisbah; indeed it is its sine qua non. For without freedom of speech it would be inconceivable to command good or to forbid evil. The wider scope and implications of hisbah are treated in considerable detail in the works of jurists and theologians and, since a full treatment of hisbah falls beyond my immediate purpose, I shall confine this discussion to the relevance of hisbah to freedom of expression. However, a brief word about the manner in which the 'ulama' have treated hisbah will, perhaps, justify my being eclectic in the treatment of this principle. Al-Ghazali characterises hisbah as 'the greatest pole in religion' (al-qutb al-a'zam fi'l-din), and the most important objective of all of God's revealed scriptures. Therefore, as this is the essence of all religion, a total neglect of hisbah would bring about the collapse of religion and widespread corruption and ignorance. In Ibn Qayyim al-Jawziyyah's assessment, hisbah constitutes the basic objective of all governmental authority (jami' al-wilayat) in Islam. He regards it as a collective obligation (fard kafai'i) in which everyone must participate to the extent of his or her ability.

Table of Contents

Acknowledgements
Preface to the Revised Edition
Part One: Preliminary
   I. Introduction
   II. Definition and Scope
   III. Rights and Fundamental Rights
   Notes to Part One
Part Two: Affirmative Evidence
   I. Introductory Remarks
   II. The Qur'anic Principle of Hisbah
   III. Sincere Advice (Nasihah)
   IV. Consultation (Shura)
   V. Personal Reasoning (Ijtihad)
   VI. Freedom to Criticise (Hurriyyat al-Mu'aradah)
   VII. Freedom to Express an Opinion (Hurriyyat al-Ra'y)
   VIII. Freedom of Association
   IX. Freedom of Religion (Al-Hurriyyah al-Diniyyah)
   Conclusion
   Notes to Part Two
Part Three: Moral Restraints
   I. General Themes
   II. Special Subjects
   Notes to Part Three
Part Four: Legal Restraints
   I. Introductory Remarks
   II. Public Utterance of Hurtful Speech
   III. Slanderous Accusation (Qadhf)
   IV. Libel (Iftira')
   V. Insult (Sabb; Shatm)
   VI. Cursing (La'n)
   VII. Attribution of Disbelief to a Muslim (Takfir al-Muslim)
   VIII. Sedition (Fitnah)
   IX. Blasphemy (Sabb Allah wa Sabb al-Rasul)
   Notes to Part Four
Conclusion
Appendix I
Appendix II
Appendix III
Appendix IV
Appendix V
Bibliography
Glossary
Index

Editorial Reviews

'Freedom of Expression in Islam will almost certainly inform all future discussion of its theme.'

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