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Freedom of Expression in Islam
In recent years the subject of freedom of expression has become a topic of heated debate. Freedom of Expression in Islam offers the first and only detailed presentation in English of freedom of expression from both the legal and moral perspectives of Islam. This work is a pioneering attempt in examining both the evidence on freedom of expression in the sources of the Shari'ah and the limitations, whether moral, legal or theological, that Islam imposes on the valid exercise of this freedom. Freedom of Expression in Islam is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour. Freedom of Expression in Islam is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with The Dignity of An Islamic Perspective and Freedom, Equality and Justice in Islam .
350 pages, Hardcover
First published July 1, 1996
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About the author
Mohammad Hashim Kamali
56Ìýbooks52ÌýfollowersMohammad Hashim Kamali, B. A., Law & Political Science, Kabul University, 1965
LLM., Comparative Law, University of London, 1972, Ph.D., University of London. 1976
Current Position: Founding Chairman & Cheif Excecutive Officer, International Institute of Advanced Islamic Studies (IAIS) Malaysia.
Date and Place of Birth: 7 February 1944, Lalpur, Nangarhar, Afghanistan.
Nationality: Afghan and Canadian, Permanent Resident of Malaysia as of 3 April 2003
Marital Status: Married - have two children born in 1976 and 1979 respectively
LLM., Comparative Law, University of London, 1972, Ph.D., University of London. 1976
Current Position: Founding Chairman & Cheif Excecutive Officer, International Institute of Advanced Islamic Studies (IAIS) Malaysia.
Date and Place of Birth: 7 February 1944, Lalpur, Nangarhar, Afghanistan.
Nationality: Afghan and Canadian, Permanent Resident of Malaysia as of 3 April 2003
Marital Status: Married - have two children born in 1976 and 1979 respectively
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Displaying 1 - 6 of 6 reviews
August 25, 2012
Offers the only detailed presentation in English of freedom of expression from both the legal and moral perspectives of Islam. Attempts to examine both the evidence on freedom of expression in the sources of the Shari'ah and the limitations, whether moral, legal or theological, that Islam imposes on the valid exercise of this freedom.
July 7, 2017
An extremely thorough legal study by eminent shari'a scholar Mohammad Hashim Kamali (born in Afghanistan, but for a long time a law professor in Malaysia who consulted on the creation of the Iraqi constitution). Drawing on various duties within shari'a, Kamali argues forcefully that a considerable latitude on freedom of expression is necessary for them to be carried out, and thus must be cherished in Islam. It's necessary to have freedom of expression in order to promote good and prevent evil (hisbah), offer sincere advice (nasihah), participate in consultation (shura), engage in personal reasoning (ijtihad), or critique tyrants.
His case here is strong and admirable, and he even offers an Islamic justification for the existence of political parties (which has at times been controversial in the Islamic world): "Indeed, it is stated that freedom of speech and commanding good (al-amr bi'l-ma'ruf) would hold little weight if they did not accede to the people's right to form political parties; and that this, by itself, is a test of a government's respect for freedom of expression."
Perhaps most admirable was his defense of freedom of religion, including the all-important right to proselytize: "Everyone must also have the freedom to observe and practice their faith without fear of, or interference from, others. Freedom of religion in its Islamic context implies that non-Muslims are not compelled to convert to Islam, nor are they hindered from practicing their own religious rites. Both Muslims and non-Muslims are entitled to propagate the religion of their following, as well as to defend it against attack or seditious provocation..." The world would be a better place, I think, if more Muslim-majority countries respected the shari'a as Dr. Kamali presents it.
Incidentally, he has a balanced treatment of the oft-misunderstood topic of taqiyya, or dissimulation about one's unpopular views: The Sunni ulama have, in principle, proscribed taqiyyah, but this basic prohibition may be set aside in the event of dire necessity, that is, when recourse to taqiyyah would repel an imminent danger to a person's life, honor, or property, or to ensure the prevention of grave bodily harm. However, in the absence of such fears, recourse to taqiyyah is prohibited. The four conditions for taqiyya are a legitimate fear of danger that cannot be avoided by mere silence; a knowledge that taqiyya would be effective in averting said danger; the absence of any alternatives to taqiyya; and intolerable harm entailed in the danger.
On the other hand, even in Kamali's defense of freedom of expression, he extolled the imposition of fairly severe legal restrictions on them. "The shari'a entitles the individual to say what he or she pleases, provided that the words so uttered do not involve blasphemy, backbiting, slander, insult, or lies, nor seek to give rise to perversity, corruption, hostility, or sedition," he writes. He insists that "freedom of speech must not be hurtful to others nor encroach on their rights or dignity," and his understanding of what this means is unacceptably broad - anything classified as "offensive speech" can be prohibited by law, to an extent that would make UC-Berkeley students blush. Kamali countenances raids to destroy books advocating disagreeable ideas ("books which distort the truth or propagate pernicious views and doctrines ... may be destroyed"). He supports legal penalties for apostasy (yes, apostasy simpliciter, not only apostasy-qua-treason - he cites al-Baji and Ibn Taymiyyah toward this end). And he supports similar penalties for blasphemy as a ta'zir crime.
Almost needless to say, there's plenty that's troubling here - perhaps all the more so for being presented as the conclusions of such a clear and incisive examination of the shari'a. It raises profound questions as to whether this is the highest view of freedom to which traditionalist Islamic jurisprudence can arise.
His case here is strong and admirable, and he even offers an Islamic justification for the existence of political parties (which has at times been controversial in the Islamic world): "Indeed, it is stated that freedom of speech and commanding good (al-amr bi'l-ma'ruf) would hold little weight if they did not accede to the people's right to form political parties; and that this, by itself, is a test of a government's respect for freedom of expression."
Perhaps most admirable was his defense of freedom of religion, including the all-important right to proselytize: "Everyone must also have the freedom to observe and practice their faith without fear of, or interference from, others. Freedom of religion in its Islamic context implies that non-Muslims are not compelled to convert to Islam, nor are they hindered from practicing their own religious rites. Both Muslims and non-Muslims are entitled to propagate the religion of their following, as well as to defend it against attack or seditious provocation..." The world would be a better place, I think, if more Muslim-majority countries respected the shari'a as Dr. Kamali presents it.
Incidentally, he has a balanced treatment of the oft-misunderstood topic of taqiyya, or dissimulation about one's unpopular views: The Sunni ulama have, in principle, proscribed taqiyyah, but this basic prohibition may be set aside in the event of dire necessity, that is, when recourse to taqiyyah would repel an imminent danger to a person's life, honor, or property, or to ensure the prevention of grave bodily harm. However, in the absence of such fears, recourse to taqiyyah is prohibited. The four conditions for taqiyya are a legitimate fear of danger that cannot be avoided by mere silence; a knowledge that taqiyya would be effective in averting said danger; the absence of any alternatives to taqiyya; and intolerable harm entailed in the danger.
On the other hand, even in Kamali's defense of freedom of expression, he extolled the imposition of fairly severe legal restrictions on them. "The shari'a entitles the individual to say what he or she pleases, provided that the words so uttered do not involve blasphemy, backbiting, slander, insult, or lies, nor seek to give rise to perversity, corruption, hostility, or sedition," he writes. He insists that "freedom of speech must not be hurtful to others nor encroach on their rights or dignity," and his understanding of what this means is unacceptably broad - anything classified as "offensive speech" can be prohibited by law, to an extent that would make UC-Berkeley students blush. Kamali countenances raids to destroy books advocating disagreeable ideas ("books which distort the truth or propagate pernicious views and doctrines ... may be destroyed"). He supports legal penalties for apostasy (yes, apostasy simpliciter, not only apostasy-qua-treason - he cites al-Baji and Ibn Taymiyyah toward this end). And he supports similar penalties for blasphemy as a ta'zir crime.
Almost needless to say, there's plenty that's troubling here - perhaps all the more so for being presented as the conclusions of such a clear and incisive examination of the shari'a. It raises profound questions as to whether this is the highest view of freedom to which traditionalist Islamic jurisprudence can arise.
September 20, 2009
A useful analysis of Qur'anic texts and hadith on the freedom of expression in Islam. He divides the book into an introduction that discusses the universal and Islamic perspective on human rights; a second section which looks at affirmative evidence on freedom of speech, including the concepts of hisbah (according to the Universal Islamic Delcaration of Huma rights "'the right and duty of every person' to speak for and defend the rights of others, and the rights of the community when these are being threatened or violated"), nasihah ("sincere advice"), shura ("consultation" within a community), and ijtihad ("personal reasoning"), as well as freedom to criticize, freedom of religion and others. The third section of the book looks at moral (backbiting, expose of personal weaknesses etc) and legal (slander, libel, sedition etc) restraints on freedom of speech. At the end of the book, he discusses the various reactions in the Muslim world to the Salman Rushdie affair and the legality of the response in shari'a law.
November 18, 2015
A good book regarding freedom of expression from shariah point of view. He divided the discussion into introduction to universal and Islamic perspectives on human rights (as well as topic on freedom of religion), and moral (backbitting, defamation, abuses of personal opinion, bida'h and hawa, baghy and ikhtilaf) and legal (Qadhf, libel, insult, cursing, takfir al-muslim, sedition, whistleblower) restraints that shariah has put as a guideline.. The evidence is solely taken from the Quran and Hadith.
One important point that he made is that the Islamic tradition had emphasize on the obligation and duty for the muslim in area of ibadah and social values, however leaving behind the discussion about rights (haqq). This is because the rights have been assumed to be put under the obligation and the distinction between these two is hardly to be recognized. In this book, Prof Kamali tried extensively to separate these two and put them accordingly. He also stressed that the rights and obligation are the means and the goal is to achieve justice.
One important point that he made is that the Islamic tradition had emphasize on the obligation and duty for the muslim in area of ibadah and social values, however leaving behind the discussion about rights (haqq). This is because the rights have been assumed to be put under the obligation and the distinction between these two is hardly to be recognized. In this book, Prof Kamali tried extensively to separate these two and put them accordingly. He also stressed that the rights and obligation are the means and the goal is to achieve justice.
May 4, 2013
A very good take on a contemporary and controversial issue in muslim majority countries. I really liked how the author differentiates between the moral restraints and legal restraints that Islam draws for the people to express themselves; and how legal restraints should always be looked at with respect to the time they were imposed; That is the early days of Islam and later in the muslim state in Medina.
On a side note, the language and legal expressions used in the book could be difficult for average readers
On a side note, the language and legal expressions used in the book could be difficult for average readers
October 13, 2011
Kamali enjoys extraordinary respect among traditionalist as well as modernist camps for his command on traditional jurisprudence. This is an extremely lucid and novel compendium of Islamic law which can come under the ambit of Muslim tradition of freedom of expression. His insights on blasphemy and apostasy not only provide reasonable review of historical opinions of different schools but also share brief analysis of their reasoning in the the light of Quran and Sunnah.
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