Articles

Freedom of Expression and its Limits in Islam
Author : Dr. Mohammad Al-Hunaiti
Date Added : 22-12-2021

Freedom of Expression and its Limits in Islam

 

Islam has allowed a Muslim to speak their mind and the texts of Sharia (Quran and Sunna) are replete with answers to many questions and worries so as to prevent minds from getting lost and thoughts from going astray. In other words, these texts have covered every thought and idea that could cross man`s mind regarding the Creator of the Heavens and the Earth, worldly life, and what accompanied its creation and that of man who is entrusted with promoting growth and prosperity on the earth.

Moreover, Sharia has defined the relationship between man and his Creator, his fellow man, and the components of his environment. By doing so, it drew up a road map for man`s limits concerning his freedom of expression. Although Islam has safeguarded this freedom, it is governed with checks and balances to prevent encroaching upon the freedoms and rights of others. The evidence on this is that Allah The Exalted Says (What means): "O ye who believe! Fear God, and (always) say a word directed to the Right." He The Almighty Says (What means): "O ye who believe! Fear God and be with those who are true (in word and deed)."Here, a Muslim is commanded to speak the truth and avoid lying, since it undermines the structure of any society in which it spreads and rumor is a clear example of the latter.

The same applies to backbiting, slandering, and mockery. Allah The Almighty Says (What means): "O ye who believe! Let not some men among you laugh at others: It may be that the (latter) are better than the (former): Nor let some women laugh at others: It may be that the (latter are better than the (former): Nor defame nor be sarcastic to each other, nor call each other by (offensive) nicknames: Ill-seeming is a name connoting wickedness, (to be used of one) after he has believed: And those who do not desist are (indeed) doing wrong." He also Says (What means): "O ye who believe! Avoid suspicion as much (as possible): 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...But fear God: For God is Oft-Returning, Most Merciful."

Therefore, it isn`t permissible for a Muslim to mock or backbite others under the pretext of freedom of expression. Asma' Bint Yazid (May Allah Be Pleased with her) reported that the Prophet, Peace and Blessings of Allah be upon him, said: "Shall I tell you who is the best of you?" "Yes" they replied. He said: "Those who remind you of Allah when you see them." He went on to say, "Shall I tell you who the worst of you is?" "Yes: "they replied. He said: "Those who go about slandering, causing mischief between friends in order to separate them, and desiring to lead the innocent into wrong action."

Freedom of expression doesn`t mean mocking the beliefs of others for it was never reported that the Prophet (Peace and blessings be upon him) or his companions have ever done so. However, they did explain to non-Muslims-using wisdom and fair preaching-that the true religion in the sight of Allah is Islam. Thus, in Islam, a good word is a Sadaqa (Charity) as Allah's Messenger (Blessings and peace be upon him) said:..."……. a good word is also Sadaqa, and every step taken on one's way to offer the compulsory prayer (in the mosque) is also Sadaqa and to remove a harmful thing from the way is also Sadaqa." [Al-Bukhari]. However, a good word can`t be a Sadaqa if it is used to mock or belittle others. Therefore, the freedom of expression is embodied in whatever safeguards the dignity and rights of others and doesn`t negate Allah`s commands and prohibitions. The Messenger of Allah (Blessings and peace be upon him) said: "… and he who believes in Allah and the Last Day let him speak good or remain silent. "Moreover, freedom of speech doesn`t mean taunting, cursing, abusing or doing indecent acts. The Messenger of Allah (Blessings and peace be upon him) said: "A true believer is not involved in taunting, or frequently cursing (others) or in indecency or abusing."

Thus, a Muslim is granted a certain space to speak his mind, make constructive criticism, make reconciliation amongst people and give advice. Our role model in this regard is Abu Bakr (May Allah Be Pleased with him) who succeeded the leadership of the Muslim community as the first Rashidun Caliph. In his inaugural speech, he said: "Obey me so long as I obey Allah and His Messenger, so if disobey Allah and His messenger then you owe me no obedience."

However, a Muslim is granted this freedom under the condition that he doesn`t encroach upon the freedoms and rights of others. In the Last Sermon, also known as the Farewell Pilgrimage-after praising and thanking Allah-the Prophet (Blessings and peace be upon him) began with the words: "O People! Just as you regard this month, this day, this city as sacred, so regard the life and property of every Muslim a sacred trust. "Beware of suspicion, for suspicion is the worst of false tales. Do not look for other's faults. Do not spy one another, and do not practice Najsh (means to offer a high price for something in order to allure another customer who is interested in the thing). 

Do not be jealous of one another and do not nurse enmity against one another. Do not sever ties with one another. Become the slaves of Allah, and be brothers to one another as He commanded. A Muslim is the brother of a Muslim. He should neither oppress him nor humiliate him. The piety is here! The piety is here!" While saying so he pointed towards his chest. "It is enough evil for a Muslim to look down upon his Muslim brother. All things of a Muslim are inviolable for his brother in Faith: his blood, his wealth and his honour. Verily, Allah Does not Look to your bodies nor to your faces but He Looks to your hearts and your deeds." And All praise is due to Allah The Lord of The Worlds.

The published article reflects the opinion of its author

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Summarized Fatawaa

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.

What is the ruling on Zakat al-Fitr?

Zakat al-Fitr is obligatory upon every Muslim for themselves and for those they are financially responsible for, provided they possess wealth that is surplus to their and their family's needs on the night and day of Eid.
Ibn Umar reported: "The Messenger of Allah ﷺ made Zakat al-Fitr obligatory—one sa‘ (measure) of dates or one sa‘ of barley—upon every Muslim, whether slave or free, male or female, young or old." [Narrated by Al-Bukhari]
Its estimated amount is approximately 2,500 grams of wheat or rice, and the General Iftaa` Department issues an annual ruling specifying its monetary value.

What is the ruling on istibra' and how is it performed?

Istibra' (cleansing from urine) is recommended. It is for a person to ensure that nothing remains of urine in its passage before performing istinja'. Its method is: to clear the throat (or cough slightly), shake the penis (meaning to pass fingers along it to expel any remaining urine if needed), and walk a few steps to the extent that one thinks nothing of urine remains if walking is needed. Each person knows his own nature best. The preferred opinion is that this differs among people. The objective is for one to think that nothing remains in the urinary passage that he fears will exit later. And Allah the Almighty knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.