Affiliation:
1. Center of Central Asian Studies , University of Kashmir , Srinagar , India
Abstract
Abstract
Hate speech (‘al-jahr bi’-sūʾ min al-qawl in the Qur’anic description) continues to be the subject of contentious debate. Arguably, the notion of “unregulated speech” in the liberal discourse encourages hate speech on the pretext of “defending” the right to freedom of speech. Islam recognises human dignity as the underlying basis of all human rights and freedoms, including the right to freedom of speech. Here arise two core questions. First, is freedom of speech and expression an absolute right or has Islam imposed certain conditions on the human agency while this right is exercised? Second, what do these conditions concerning freedom of speech imply about the regulation of hate speech? I approach these questions by beginning with the introduction of karamah principle followed by an overview of theoretical conceptualisations of free speech in the Western context. Finally, the Islamic position on the subject is brought forth through the conceptual analysis of relevant Islamic texts. The article draws three conclusions. First, human dignity is the intrinsic condition that surpasses all rights and freedoms. Second, the idea of “unregulated speech” is controversial and has been a reason for harming human dignity and making the public discourse inimical to social order. Third, there should be a legal, moral and rational reconciliation between exercising ‘speech limitations’ and ‘free speech’ to ensure sustainable peace and social cohesion.
Subject
Law,Political Science and International Relations,Sociology and Political Science
Reference48 articles.
1. Al-Alwani, T. J. 2012. Apostasy in Islam: A Historical and Scriptural Analysis. London: International Institute of Islamic Thought.
2. Al-Eili, A. H. 1983. Al-Hurrayat Al-Ammah. Beirut: Dar al-Fikr Al-Arabi.
3. Ali, A. Y. 1946. The Holy Qur’an: Translation and Commentary. Birmingham: Islamic Propagation Centre International.
4. Badamchi, D. K. 2014. “Justifications of Freedom of Speech: Towards a Double-Grounded Non-consequentialist Approach.” Philosophy & Social Criticism 11 (9): 907–27, https://doi.org/10.1177/0191453714564457.
5. Baily, D. H. 1964. Public Liberties. Chicago: Rand, McNally.