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

Is it correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.

A man insulted the Divine Essence; is it obligatory for him to perform Ghusl?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Insulting or blaspheming the Divine Essence (Dhat al-Ilahiyyah) constitutes apostasy (Riddah). The perpetrator of this grave sin must immediately repeat the two testimonies of faith (Shahadah) and sincerely repent to Allah the Exalted. It is recommended (Sunnah) for them to perform a ritual bath (Ghusl), though it is not a mandatory condition [for the validity of their return to Islam]. And Allah the Exalted knows best.

What is the ruling on sacrificing a hornless sheep?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.