Freedom of Speech: From a Hadith to Cartoons

Freedom of Speech: From a Hadith to Cartoons
Events in the past number of years, ranging from the Salman Rushdi affair to more recent events, can definitely give the impression that Islamic law violates the principles of freedom of speech and expression. In this section, this topic shall be discussed from a secular theoretical viewpoint, followed by the most spectacular recent case and concluded with a human rights legal perspective on the issue.


Is Freedom of Speech a Human Right?
Stanley Fish is an outspoken professor and author who has written a book entitled, There's no such thing as free speech... and it's a good thing, too.


In an interview he explained his point,
Milton's recognition of a general condition: free speech is what's left over when you have determined which forms of speech cannot be permitted to flourish. The "free speech zone" emerges against the background of what has been excluded. Everyone begins by assuming what shouldn't be said; otherwise there would be no point to saying anything.

Another example: one of the foremost proponents of free speech in this country is Nat Hentoff, a journalist well known for his jazz criticism and who has also taken up the cause of free speech no matter how disreputable or offensive the speech in question. But about two years ago he recanted, when he drew the line at campuses allowing certain forms of anti-semitic speech to flourish. Disciples of a certain Muslim group came to campuses and began to talk about "bagel eating vermin who had escaped from caves in the middle ages and were now, as then, infecting the world". Hentoff said this has gone too far. My point is that everyone has such a trigger point, which is either acknowledged at the beginning or emerges in a moment of crisis.

Obviously, in an Islamic social framework, freedom of speech and expression is going to be restricted—like it is in any other society. The purpose and goal behind such restrictions are very clear. One is not free, for example, to attack religion and other’s personal honor. Similarly, for the sake of the morality of society, one is not free to display pornographic materials of any kind.

It is interesting at this point to compare, contrast and analyze two very separate events—one event involves the banning of a hadith of the Prophet (peace and blessings of Allah be upon him) and the other involves defaming the Prophet (peace and blessings of Allah be upon him) in newspaper cartoons. The reactions to them—or the lack thereof—demonstrate once again that “human rights” is a very slippery slope, that sometimes seems very arbitrary and other times simply seems anti-religion.