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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 is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

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