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 are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
There are several Sunnahs and etiquettes that are recommended for the person offering the Udhiyah (sacrifice) to observe, including:
 
1-It is Sunnah for the one intending to sacrifice to refrain from removing any hair or nails once the first ten days of Dhul-Hijjah begin. The Prophet (peace be upon him) said: "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch [remove] any of his hair or skin." [Narrated by Muslim]. If someone does remove any hair or nails, they have not committed a sin, and their sacrifice remains valid.
 
2-It is recommended for the person offering the sacrifice to slaughter the animal themselves. If they are unable to do so, they should witness the slaughter. The Messenger of Allah (peace be upon him) said to Fatimah (may Allah be pleased with her): "Stand and witness your sacrifice, for indeed, with its first drop of blood, your [previous sins] are forgiven." [Narrated by Al-Bayhaqi and Al-Tabarani; it is classified as a weak (da'if) hadith].
 
3-The animal should be positioned to face the Qiblah at the time of slaughter, as the Qiblah is the most noble of directions.
 
4-The slaughterer should say: "Bismillah ar-Rahman ar-Rahim" (In the name of Allah, the Entirely Merciful, the Especially Merciful). Even if one forgets to say it, the sacrifice is still permissible to eat. Allah (Blessed and Exalted be He) says: "So eat of that [meat] upon which the name of Allah has been mentioned" [Al-An'am: 118]. It is also recommended to send blessings upon the Messenger of Allah (peace be upon him) and to say "Allahu Akbar" (Allah is the Greatest) after the Tasmiyah.
 
5-The slaughterer should pray for the sacrifice to be accepted by saying: "O Allah, this is from You and for You, so please accept it from me." (Allahumma hadhihi minka wa ilayka, fataqabbal minni). And Allah the Almighty knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid—provided that a portion of it, even if small, is given in charity, which is estimated to be approximately half a kilogram of meatAnd Allah the Almighty knows best.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

What advice do you have for those who spend their nights and days of Ramadan watching TV?

Time is too precious to be wasted on entertainment, let alone in the blessed month of Ramadan, where a Muslim should strive for reward and forgiveness.