Freedom of Expression in Islam

Abstract

This article develops the concept of fitnah and its bearing on freedom of expression. It puts together information from the unconsolidated source materials of the Shari'ah in a manner reflecting the interest and style of a modem student of comparative law. It also develops the theme that modem interpretations of seditious speech and conduct have done much to restrict the scope and substance of the freedom of expression. The Shati'ah tends to advocate the opposite, as it confines the scope of testrictions to measures necessary to repel an imminent danger to nomd otder in society. The individual's freedom to investigate facts and ideas and to formulate and express an opinion ate integral to Islam's approach to the dignity of the individual and the quest for ascertaining the truth. What Is Fitnah? Dictionaries give various meanings for3tnah: temptation, trial, misguidance, enticement, fascination, commotion, sedition, confusion, affliction, torture, and strife (Majma' a1 Lughah a1 'Ambiyah 1405/1958; al Zawi n.d.; Wajdi 1971; Cowan 1976; Hughes n.d.; Khan 1979). This plmlity of meaning might have contributed to a certain ambiguity noted in the term's juridical meaning. Fitnah and its derivatives feature prominently in the Qur'an, being found in no less than sixty places. In the chapter "Kitab al Fitan," Sahih al Bukhari records eighty-six hadiths. Thus, as might be expected, the word appears in both the Qut'an and the hadith in several contexts and denotes meanings that converge and overlab ...