This is a study on the concept of Freedom of Expression under subject of Fundamental Rights and Liberties in Islam.

1. FREEDOM OF EXPRESSION
WAN NURUL HAYYU BINTI W. MAHMOOD
G1817684
SEM 1 2018/2019
OUTLINE OF PRESENTATION :
- DEFINITION
- AUTHORITIES
- FREEDOM OF EXPRESSION IN ISLAM
- EUROPEAN CONVENTION ON HUMAN RIGHTS
- UNITED NATIONS’S DECLARATION OF HUMAN RIGHTS
- CAIRO DECLARATION OF HUMAN RIGHTS IN ISLAM 1990
- FREEDOM OF EXPRESSION IN MALAYSIA

2. DEFINITION
Freedom : the condition of being free, politically independent, frankness, and unrestricted use
of ideas.
Expression : the action of making known of one's thoughts or feelings
Freedom of expression in general
Black Law Dictionary : The right to say what one wants through any form of communication and
media, with the only limitation being to cause another harm in character or reputation by lying
or misleading words.
Oxford Dictionary : The power or right to express one's opinions without censorship, restraint,
or legal penalty
Freedom of Expression in Islam :
Al Zarqa in al-Madkhal al-Fiqhi al- 'Am : freedom to express was meant to free the human’s
minds from taqlid and khurafat, lead human towards choosing the best views, and to give
freedom especially in expressing minds in education

3. Arabic scholars used many words to express the meaning of Freedom of Expression and thought.
For instance : hurriyathu ra’y (freedom of opinion), hurriyathu al qawl (freedom of speech),
others have used alternative terms such as hurriyatu tafkir (freedom of thought), hurriyatu
ta’beer (freedom of expression or interpretation) and hurriyatul bayan (freedom of expression).
According to Hashim Kamali, in order to understand the freedom of expression from Islamic
view point, it is necessary to understand first different forms of Ra’yis. Generally Ra’y classified
into three types:
i) praiseworthy : opinion which helps to elaborate the Quran, Sunnah, and views of Prophet
Muhammad’s companions which result after the consultation while expressing one’s opinion
ii) blameworthy : to express one’s opinion in violation of certain laws intentionally and
dishonour Allah and Prophet Muhammad
iii) doubtful : expression that creates doubt in Law/ Shari’ah and results in social disturbance and
confusions thus is punishable as per their intensity

4. AUTHORITIES
a) Al-Araf : 14
And my curse shall be on thee till the Day of Judgment. [Iblis] said: O my Lord, give
me then respite till the day the [dead] are raised. [God] said: Respite then is granted
thee—till the Day of the Time Appointed. [Iblis] said: Then by Thy power, I will put
them all in the wrong. Except Thy Servants amongst them, sincere and purified [by Thy
Grace]
b) Al-Baqarah : 260
Behold! Abraham said: “My Lord! Show me how thou give life to the dead.” He said:
“Don't you believe?” Abraham answered: “Yes! But to satisfy my own understanding
[To assure my hear]: God then said: “Take four birds; Tame them to turn to thee; put a
portion of them on four hills, and call to them: They will come to thee (Flying) with
speed. Then know that God is exalted in Power, All-Wise.”

5. GUIDELINES TO FREEDOM OF EXPRESSION
1) Syura. It may be one of the best method to be implemented to ease the responsibility
as there will be a plenty of minds working together in solving one particular issue and
also will give a chance to every eligible person to express their perspectives on that
matter.
2) Obedience. Al-Qurtubi mentioned that obedience towards the law prescribed by the
leader shall be subject to Hukum Syarak whereby there should be no obedience if it is
contravene with Hukum Syarak
3) Amar Maaruf Nahi Mungkar. Al-Ghazali mentioned that this can be done through
hisbah and naseehah.
Hisbah means the duty to advocate good and advise against evil referred to in the Holy
Qur’an so that peace and human values in societies remain in intact
Naseehah : those who are going to preach naseehah is obligated to use proper words
and must be free from mala fide and it must be accompanied with intention of
correcting just as much as someone wishes others correcting themselves.
Eg: Umar Ibn Khattab when he was appointed as the next Khalifah

6. Other guidelines
c) Speak in best manner (Al-Isra’ : 53)
“And say to My servants (that) they speak that which is best, surely the
Shaitan shows dissensions among them; surely the Shaitan is an open
enemy to man”
d) Shunning false and deceitful statements (Al-Hajj : 30)
“Avoid the uncleanness of the idols and avoid false words”
e) Being just when voicing an opinion : (Al-Anaa’m : 152)
“When you speak, then be just though it be (against) a relative

7. LIMITATIONS
1) Expressing lies.
Islam condemns spreading lies and false stories as well as passiveness and reluctance when the
truth should be spoken and be highlighted. Allah swt mentioned that;
Al-Baqarah: 42 : “And do not mix the truth with falsehood or conceal the truth while you know
(it)” & An-Nisa’:148 : “Allah does not love the public utterance of hurtful speech unless (it be)
by one to whom injustice has been done; and Allah is Hearing, Knowing”
2) Blasphemous speeches
The most common Arabic verbs for blasphemy are sabba (to abuse, insult) and shatama (to abuse,
vilify). Shatama does not occur in the Qur’ān, and sabba appears only as part of a commandment
to Muslims not to insult the idols of polytheists “Do not abuse those to whom they pray, apart
from God, or they will abuse God in revenge without knowledge” Blasphemy though considered
an offence in Islam, committed by a Muslim or a non-Muslim, direct penalty is not approved for
it in the Holy Qur’an. Rather, the punishment for it is always in the hands of God alone, in the
life hereafter but Muslim jurists or rulers with the support of jurists can inflict any sort of
punishment for it
Eg: story of Abu Bakr and Prophet Muhammad saw with Jews

8. Conclusion for freedom of expression in Islam :
The right is not absolute.
Mawlānā Mawdūdī, “The absolute right to freedom of expression can be
harmful and destructive for ethical and moral values of the society and
no law of any civilized society can bear it.”
Supported by renowned western scholar Immanuel Kant; “I am free to
move my hand but the freedom of my hand ends where your nose
begins”

9. European Convention on Human Rights
Article 10 – Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers. This article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
Limitations to freedom :
Public authorities may restrict this right if they can show that their action is lawful,
necessary and proportionate in order to:
a) protect national security, territorial integrity (the borders of the state) or public safety
b) prevent disorder or crime
c) protect health or morals
d) protect the rights and reputations of other people
e) prevent the disclosure of information received in confidence, and maintain the
authority and impartiality of judges

10. The Guardian v United Kingdom [1991]
the European Court of Human Rights ruled that although the government
succeed in banning the publication of excerpts from the book of
Spycatcher written by Peter Wright which concern with breach of
confidence issue, the court held it was insufficient reason to continue the
ban once the book has been published. The court order shall be ceased to
be effective once the information was no longer confidential

11. The convention states clearly in which cases the state may interfere in freedom of
expression. The European Court of Human Rights has formulated a three-step system of
evaluation of compliance of a state's actions with the convention.
Three-step evaluation system
1) the state may interfere in freedom of expression by introducing formalities,
conditions, restrictions and penalties prescribed by law. (eg. order issued by an
authority to disclose journalists' sources, disciplinary sanctions, payment of
compensation, and criminal judgments). There must be a legal basis for any action on
the part of the state in this regard, expressed by way of norms that are specific,
available, and applied in a predictable manner.
2) interference on the part of the state must serve a specific purpose
3) in order to evaluate the necessity to restrict the freedom of expression in a democratic
state, a distinction must be drawn between assertions of fact and opinion.

12. Case Law : E.S v Austria
A woman referred to as E.S. was convicted in Austria for, in effect, not phrasing her
identical curiosity in the form of a question. The European Court of Human Rights
(ECHR) upheld her 2011 conviction for “disparagement of religious precepts,” a crime
in Austria. The facts of what E.S. did are not in dispute. She held “seminars” in which
she presented her view that Muhammad was indeed a child molester. Dominant Islamic
traditions hold that Muhammad’s third wife, Aisha, was 6 at the time of their marriage
and 9 at its consummation. Muhammad was in his early 50s. The Austrian woman
repeated these claims, and the Austrian court ruled that she had to pay 480 euros or
spend 60 days in the slammer. The ECHR ruled that Austria had not violated her rights

13. United Nation Declaration of Human Rights
Article 19 : Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers
Cairo Declaration of Human Rights in Islam 1990
Article 22 : the right to express one’s opinion freely is contingent on the statements
being in conformity with Islam.
Everyone shall have the right to express his opinion freely in such manner as would not
be contrary to the principles of the Sharia. Everyone shall have the right to advocate
what is right, and propagate what is good, and warn against what is wrong and evil
according to the norms of Islamic Sharia. Information is a vital necessity to society. It
may not be exploited or misused in such a way as may violate sanctities and the dignity
of prophets, [or] corrupt or harm society or weaken its faith.

14. RIGHT OF FREE SPEECH vs RESPECT FOR RELIGION
1) two men in Garland, Texas shot an unarmed security guard at a Muhammad-focused
art exhibit and cartoon contest sponsored by an anti-Islamic organization. The gunmen
were killed by a police officer hired to provide security at the event.
2) In 2005, Flemming Rose, the cultural editor of a Danish newspaper, invited
cartoonists to draw the face of Muhammad as they saw him. Other images were less
provocative, but they were offensive to many Muslims. Some cited general Islamic
restrictions on drawing images of the prophet. Others felt the representation of
Muhammad reflected negative stereotypes of Muslims and Islam.
In practicing democracy, we should consider more carefully what “freedom of speech”
actually means in context. Despite popular belief, free speech is not absolute. The
government can regulate speech in certain instances, with exceptions for circumstances
like “fighting words,”* or incitement to imminent violent action.
*defined by the Supreme Court (SCOTUS) in Chaplinsky v New Hampshire, 315 U.S.
568 (1942), words which "by their very utterance, inflict injury or tend to incite an
immediate breach of the peace.

15. FREEDOM OF EXPRESSION IN MALAYSIA
Freedom of speech is formally assured by Part II of the Federal Constitution under
Article 10(1) entitled ‘Freedom of Speech, Assembly and Association’.
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms; and
(c) all citizens have the right to form associations.
However, Section 2 of the Article limits the right where Parliament may by law impose
restrictions as it deems necessary or expedient in the interest of the national security and
relations with other countries, to public order or morality, to protect the privileges of
Parliament or of any Legislative Assembly or to provide against contempt of court,
defamation, or incitement to any offence.

16. THANK YOU !