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Freedom of expression in the light of Shariah and democracy
1-27-2015
Islam is the religion of civility, it was this profound teaching and high moral ideals that in a very short period of time, had civilized a nation which was very barbaric in nature and distant from education and civilization. As Thomas Alfred walker in his famous book has said that when Arabs engaged in invasion and conquest outside of Arabia, they were the most civilized nations of their time.{ A History of the law of Nations}
Human dignity and civility according to Islam is a God given gift to mankind. No one has the right to strip it from them. God the Almighty says in the Qu’ran: “And indeed we have honoured the children of Adam...”{ Surah Israa:70}
Muslim scholars commented on this verse that the dignity in this verse refers to human intellect. {Tafsir Qurtubi.Vol 10/190}. This is what separates humans from other species of God, and enables them to discern between vice and virtue and good and evil.
It is this God given dignity and intellectual ability to mankind that ennobles them and require that they behave in the civilized manner, and it holds them accountable for their actions before the law, be it the sacred or the secular, where as the animals are completely exempt from such accountability due to the absence of intellect. The Quran has reminded Muslims of this serious accountability before God on the day of judgement so that they are conscious in their choices, The Quran says, “Verily, the hearing ,and the sight, and the heart each of those will be questioned by God”.{ Surah Israa:36}
These Devine reminders and admonitions have taught Muslims to carefully use the power of speech and to avoid mocking anyone be it belief or a sentiment. The Qu’ran strictly forbade such vile criticism. God says , “ and insult not those whom they worship besides Allah”.{ Surah An’aam:108} and in another verse,” Let not a group scoff at another group”.{ Surah Hujuraat:11}. Prophet Mohammed (PBUH) said, “ Be easy in your enmity towards those are hostile with you, you never know they may one day become your friend. [Tirmidi]
This is not just an Islamic teaching , all the traditional religions advocate the same principle. Jesus (Peace Be Upon Him) has been reported to have said,
“You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, Love your enemies and pray for those who persecute you, so that you may be sons of your Father who is in heaven. For he makes his sun rise on the evil and on the good, and sends rain on the just and on the unjust. For if you love those who love you, what reward do you have? Do not even the tax collectors do the same? And if you greet only your brothers, what more are you doing than others? Do not even the Gentiles do the same? “ { Matthew 5:43-48}
Freedom of expression is not foreign to Islam. Islam undoubtedly supports it, Prophet Mohammed, (PBUH) said, “say the truth even if it is to bitter”{ Sahih Ibn Hibban}, Prophet Mohammad’s life was the example of free speech, he never shied away from preaching what he believed to be right however it is also a historic fact that in the pursuit of preaching, he never mocked or ridiculed anyone or their false deities acknowledging the human sensitivities to it.
In Islam, the abuse of tongue is a major sin as many evils emanate from it. Quran says ,”Not a word he or she utter but there is a watcher by him/her ready to record it”.{ Surah Qaaf:18} Prophet PBUH said, “ summary of the religion is to guard the tongue because many people will end up in Hell due to the abuse of tongue”.{Tirmidi}
This sums up the fact that Islam recognizes the freedom of speech, however with limits and the cautious and courteous speech is very fundamental to the ideals of Islam.
All these great Islamic ideals were taught by prophet Mohammad in hope to promote peaceful coexistence in human society and to exchange respect for respect. but the current unfortunate conditions of the world differ with this. the issue of Prophet’s depictions undoubtedly has hurt the sentiments of Muslims as they mocked the man who is very dear to us. Prophet Mohammed (PBUH) during his life, had also been ridiculed by the Makkans which hurt him, but his reaction was always peaceful. God had commanded him to do the following, “Indeed we know that your breast is constrained by what they say so exalt with praise of your lord and be of those who prostrate to him”.{ Surah Al Hijr:97}
Hence our reaction to this current situation cannot be violent in any form or shape if we are true to the ideals of Prophet Mohammed PBUH. Qu’ran commands Muslims to observe patience and piety during such situations. God says,” you shall certainly hear much that will grieve you from (the people of the Book ) and from those who ascribe partners to Allah but if you are patient and fear Allah indeed, that if of the matters worthy of resolve.”{ Surah Ali Imran:186}
Speaking of democracy, it is a historical fact that until the age of enlightenment, censorship was the dominant practise of the governments all over the world especially in Europe, intellectual freedom and freedom of speech were banned, many prominent figures suffered because of expressing the truth and were severely punished. some of them were imprisoned for life such as Galileo for his views about the planetary motion around the sun, and some were made to drink poison such as Socrates for his free speech. In this context, John Milton in 1644 wrote perhaps the most influential and philosophical defence of free speech ever written which sparked further the notion of free speech in many countries of Europe.
Finally the United Nations in 1948 endorsed this right of free speech in the article 19 as part of human rights charter which says, “everyone has the right to freedom of opinion and expression....”. ( Universal declaration of Human rights, Article:19). But the fact is those who fought and suffered gain this right , they hadn’t sought it to mock or desecrate other’s faiths, rather they did it to gain freedom to express freely the truth and constructive ideas to build prospering nation. Ric Chenoweth the co director and cofounder of the Institute for Democracy in Eastern Europe writes explaining the essence of freedom of speech,
“ The essence of freedom of expression, of course, is not the right to insult the beliefs of others, but rather the freedom to report or convey facts, opinions, philosophies, and worldviews in an effective manner, using both objective and subjective means. Freedom of expression empowers citizens through knowledge, opinion, and the possibility to gain their own voice. Within democracies, free expression allows citizens to challenge political leaders, journalists to uncover information for the public, and the public to ensure the accountability of their government. Without the principles of a free media and free speech, there could be no self-government {Document on democracy By Ric Chenoweth}
As far as the notion to outlaw a satirical religious cartoons is concerned in Canada, I would like to share a few facts about the Canadian society that should be taken into consideration.
1. According to Canada’s 2011 National Household Survey, there were 1,053,945 Muslims in Canada or about 3.2% of the population, making them the second largest religion after Christianity and the fastest growing religion in Canada.
2. All Canadians are not liberal. Canada has a fair number of conservative people who do not support all liberal ideas. the current conservative government is the clear evidence that a big number of Canadians are conservative and find many liberal ideas very alien to this society.
3. Our country is known for embracing differences. to favour one group and disregard the other, will not be ideal to the Canadian cultural fabric.
In the light of above facts, the role of any responsible government should be to accommodate all citizens and honour all religious and racial sensitivities of people, this would be the only way the government can win their trust and gain their support to sustain itself. this can’t be possible in my opinion without taking this practical and moderate approach in the light of current issue that the government must support freedom of speech however on the other hand, it should also outlaw satirical depiction of any religious figure including Prophet Mohammad PBUH and all religious beliefs that many Canadians hold very dear to themselves. Germany despite being a free society has a law since 1985 that anyone who mocks the holocaust faces a maximum penalty of 5 years in jail, Austria imposes even a tougher penalties for such offenses. Historian and holocaust denier David Irving who was recently arrested there faces up to 20 years in jail. { online article on denial -for-holocaust-in-Germany}
To conclude, post-modern age is known as the age of civilization, however it is sad to see that despite being the civilized nations, it seems humans have lost their true civility as they abuse the freedom of speech and behave in irresponsible manner resulting into disorder and violence in civilized societies. I pray that May God enable us to rediscover our true human and moral values to make our planet peaceful and prosperous. Ameen
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