COMSATS University Islamabad

Lahore Campus

PREPARED FOR:
Ma’am Iffat Khalid
(Islamic Studies)

PREPARED BY:
Mirza Talha Asghar (BAF-054)
Rana Ashar (BAF-032)
Tahir Shafiq (BAF-040)
Hamood Ul Hassan (BAF-020)

DATE OF SUBMISSION
27/04/2022
 Freedom of Speech
Introduction
Freedom of speech is a principle that supports the freedom of an individual or a community
to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.
The right to freedom of expression has been recognized as a human right in the Universal
Declaration of Human Rights and international human rights law by the United Nations.
Today, freedom of speech, or the freedom of expression, is recognized in International and
Regional Human Rights Law. The right is enshrined in Article 19 of the International
Covenant on Civil and Political Rights, Article 10 of the European Convention on Human
Rights, Article 13 of the American Convention on Human Rights, and Article 9 of the
African Charter on Human and Peoples' Rights.[19] Based on John Milton's arguments,
freedom of speech is understood as a multi-faceted right that includes not only the right to
express, or disseminate, information and ideas but three further distinct aspects:

 the right to seek information and ideas.

 the right to receive information and ideas.
 the right to impart information and ideas.

International, regional and national standards also recognize that freedom of speech, as the
freedom of expression, includes any medium, whether orally, in writing, in print, through the
internet, or in art forms. This means that the protection of freedom of speech as a right
includes the content and the means of expression.

Freedom of Expression based on Islamic Perspective

Islam gives broad freedom to every human being. This freedom includes the freedom itself,
freedom of religion, freedom of thought, freedom of speech and so on (Yaacob, 1986). In
Islam, the right to freedom of expression had been justified and has been recognized to all
human beings irrespective of the religion they profess. Freedom of expression from the
perspective of Islam is named as Al-Ra'y Huriyyah (Kamali, 1997). Every Muslim is given
freedom of speech in all matters whether about the world or things related to religion.
The importance of freedom of expression in Islam can be seen in the practice of shura. Shura
allows differences of opinion exist to get the best solution. Everyone is allowed to submit
their opinions for the benefit of all mankind Islam does not forbid the speech and expression
if it does not violate the Quran and al-Hadith (Mili, Jallow, & J Mass, 2015).
Moreover, freedom of expression is also allowed to implement the concept of enjoining good
and forbidding evil (calling toward goodness and rejecting evil). Each individual Muslim is
obliged to admonish fellow Muslim opinions either enjoin good or forbid evil. The concept of
enjoining good and forbidding evil is widely mentioned in the Quran and Al-Hadith.
Allah says:
Meaning: You are the best of peoples, evolved for mankind, enjoining what is right, and
forbid what is wrong, and believing in Allah.
(Surah Ali-Imran, 3:110)

Findings and Discussion

Article 10 of the Human Rights Act: Freedom of Expression
i. Everyone has the right to freedom of expression. This right shall include the 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 (Lee,
2008).
ii. The exercise of these freedoms, since it carries with it duties and responsibilities, may
be subject to such formalities, conditions, restrictions, or penalties as are prescribed
by law and are necessary for a democratic society, in the interests of national security,
territorial disorder or crime, for the protection of health or morals, for the protection
of the reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality of the
judiciary.
Restrictions to Freedom of Speech
A few narrow categories of speech are not protected. The main such categories are.

i. Incitement
ii. Libel
iii. Slander
iv. Defamation
v. Fraud
vi. Obscenity
vii. Fighting words
viii. Threats

Limitations
Freedom of speech is not regarded as absolute by some, with most legal systems generally set
limits on the freedom of speech, particularly when freedom of speech conflicts with other
rights and protections, such as in the cases of libel, slander, pornography, obscenity, fighting
words, and intellectual property.
Some limitations to freedom of speech may occur through legal sanction, and others may
occur through social disapprobation.

 Harmful and Offensive Content

Some views are illegal to express because they can cause harm to others. This category often
includes speech that is both false and dangerous, such as falsely shouting "Fire!" in a theatre
and causing a panic. Justifications for limitations to freedom of speech often reference the
"harm principle" or the "offense principle".
i. Content promoting hate based on race, religion, disability, sexual preference, etc.
ii. Content promoting violent extremism.
iii. Sexually explicit content.
iv. Real or simulated violence.
v. Content advocating unsafe behavior, such as self-harm or eating disorders.

 Time, Place and Manners

The First Amendment requires that the government not discriminate against viewpoints.
The Supreme Court has, however, upheld the idea that speech may be regulated under
“Time, Place, and Manner” regulations. Time, place, and manner restrictions are content-
neutral limitations imposed.

i. The government on expressive activity

ii. Restricting the size
iii. Placement of signs on government property.

 Limits on the Right to Information

Over the past ten years, the right to information has been widely recognized as a
fundamental human right, including by regional human rights courts and other
authoritative bodies. Laws giving effect to this right have been passed in record numbers
and this positive trend continues, with some 50 laws having been passed in the last ten
years.
i. The fact that most States have still not adopted laws guaranteeing the right to
information.
ii. The massive challenge of implementing the right to information in practice.
iii. The lack of openness around elections, when the need for transparency is
particularly high.

 Freedom of Expression on the Internet

The significant potential of the Internet as a tool to promote the free flow of information
and ideas has not been fully realized due to efforts by some governments to control or
limit this medium.
i. The fragmentation of the Internet through the imposition of firewalls and filters,
as well as through registration requirements.
ii. The fact that some corporations which provide Internet searching, access, chat,
publishing or other services fail to make a sufficient effort to respect the rights of
those who use their services to access the Internet without interference, for
example on political grounds.
 iii. Jurisdictional rules which allow cases, particularly defamation cases, to be
pursued anywhere, leading to a lowest common denominator approach.

 Discrimination in the Enjoyment of the Right to Freedom of Expression

Equal enjoyment of the right to freedom of expression remains elusive and historically
disadvantaged groups including women, minorities, refugees, indigenous peoples and sexual
minorities continue to struggle to have their voices heard and to access information of
relevance to them.
i. The misuse of hate speech laws to prevent historically disadvantaged groups from
engaging in legitimate debate about their problems and concerns.
ii. The lack of adequate self-regulatory measures to address:
 Underrepresentation of historically disadvantaged groups among mainstream media
workers, including in the public media.
 Inadequate coverage by the media and others of issues of relevance to historically
disadvantaged groups.
 The prevalence of stereotypical or derogatory information about historically
disadvantaged groups being disseminated in society.

Recommendations and Conclusion

Islam recognizes the right of freedom of expression, but it must be according to the limits set
by the legislation (Urwah & Kuala Lumpur, 2005). In the aspect of freedom in expressing
their views and freedom of expression in Islam, various ways can be done. Among them is
through negotiations, the mediator advises and preaches the good. Freedom of expression in
Islam is done wisely and prudent (Munawwir, 1985). According to Rahmat (1992), speaking
or expressing their views in a way that means wisdom and expressing the view by using
words that will still honor and respect that party. Other than that, using words that can be
beneficial to other parties without degrading someone.
Each individual Muslims are commanded to do good and forbid evil and noble in the human
benefit. In addition, every individual Muslim is commanded to believe in Allah SWT by
performing all the rights of faith to Allah.

Rasulullah Muhammad ‫ ﷺ‬said:

‫إال ال مينعن رجال هيبة الناس أن يقول حبق إذا علمه‬

Meaning: Remember, do not let fear of man prevented with the right person to say if he
knew. "
(Narrated by Ibn Majah, Hadith No 2191).
Hadith previously explained the need for every individual Muslim to express their views on
matters of rights. However, every individual Muslim community or the leaders involved with
the right of freedom of expression should follow the limits of law in the state of the view.
This is to avoid any negative impact on Muslims and Islam itself.
Islam has outlined some manners in the freedom of expression. According to Kamali (2014),
the etiquette of freedom of speech is to use a polite manner and did not issue verbal abuse or
ridicule that can cause strife among people. In addition, do not raise your voice when you
speak, finally, freedom of expression is carried out in a safe state without causing any
damage.

In conclusion, Islam is very concerned about the views or voices of individuals in matters of
religion and the world. The view or voice of each attract can contribute to the good of the
state and society. However, freedom of expression must be in accordance with the framework
guidelines that have been established in the Quran and al-Sunnah. Among them, are the aim
of the concept of enjoining good and forbidding evil, upholding justice and truth, and respect
for individual rights and the interests of the general public.

References
Kamali. (1997). Freedom of Expression in Islam. islamic Text Society.

Lee, H. G. (2008). Singapura. Institute of Southeast Asian Studies.

Mili, A., Jallow, & J Mass. (2015). Freedom of Expression from the Islamic Perspective. Communicat
Journalism.

Munawwir, I. (1985). Mengapa Umat Islam Dilanda Perpecahan.

Urwah, A., & Kuala Lumpur. (2005). Gerakan Islam dan Hak Asasi Manusia. Satu Pemikiran Awal, 99-
107.

Yaacob, A. M. (1986). Hak Asasi Manusia Menurut Islam.