Articles

Freedom of Expression and its Limits in Islam
Author : Dr. Mohammad Al-Hunaiti
Date Added : 22-12-2021

Freedom of Expression and its Limits in Islam

 

Islam has allowed a Muslim to speak their mind and the texts of Sharia (Quran and Sunna) are replete with answers to many questions and worries so as to prevent minds from getting lost and thoughts from going astray. In other words, these texts have covered every thought and idea that could cross man`s mind regarding the Creator of the Heavens and the Earth, worldly life, and what accompanied its creation and that of man who is entrusted with promoting growth and prosperity on the earth.

Moreover, Sharia has defined the relationship between man and his Creator, his fellow man, and the components of his environment. By doing so, it drew up a road map for man`s limits concerning his freedom of expression. Although Islam has safeguarded this freedom, it is governed with checks and balances to prevent encroaching upon the freedoms and rights of others. The evidence on this is that Allah The Exalted Says (What means): "O ye who believe! Fear God, and (always) say a word directed to the Right." He The Almighty Says (What means): "O ye who believe! Fear God and be with those who are true (in word and deed)."Here, a Muslim is commanded to speak the truth and avoid lying, since it undermines the structure of any society in which it spreads and rumor is a clear example of the latter.

The same applies to backbiting, slandering, and mockery. Allah The Almighty Says (What means): "O ye who believe! Let not some men among you laugh at others: It may be that the (latter) are better than the (former): Nor let some women laugh at others: It may be that the (latter are better than the (former): Nor defame nor be sarcastic to each other, nor call each other by (offensive) nicknames: Ill-seeming is a name connoting wickedness, (to be used of one) after he has believed: And those who do not desist are (indeed) doing wrong." He also Says (What means): "O ye who believe! Avoid suspicion as much (as possible): for suspicion in some cases is a sin: And spy not on each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, ye would abhor it...But fear God: For God is Oft-Returning, Most Merciful."

Therefore, it isn`t permissible for a Muslim to mock or backbite others under the pretext of freedom of expression. Asma' Bint Yazid (May Allah Be Pleased with her) reported that the Prophet, Peace and Blessings of Allah be upon him, said: "Shall I tell you who is the best of you?" "Yes" they replied. He said: "Those who remind you of Allah when you see them." He went on to say, "Shall I tell you who the worst of you is?" "Yes: "they replied. He said: "Those who go about slandering, causing mischief between friends in order to separate them, and desiring to lead the innocent into wrong action."

Freedom of expression doesn`t mean mocking the beliefs of others for it was never reported that the Prophet (Peace and blessings be upon him) or his companions have ever done so. However, they did explain to non-Muslims-using wisdom and fair preaching-that the true religion in the sight of Allah is Islam. Thus, in Islam, a good word is a Sadaqa (Charity) as Allah's Messenger (Blessings and peace be upon him) said:..."……. a good word is also Sadaqa, and every step taken on one's way to offer the compulsory prayer (in the mosque) is also Sadaqa and to remove a harmful thing from the way is also Sadaqa." [Al-Bukhari]. However, a good word can`t be a Sadaqa if it is used to mock or belittle others. Therefore, the freedom of expression is embodied in whatever safeguards the dignity and rights of others and doesn`t negate Allah`s commands and prohibitions. The Messenger of Allah (Blessings and peace be upon him) said: "… and he who believes in Allah and the Last Day let him speak good or remain silent. "Moreover, freedom of speech doesn`t mean taunting, cursing, abusing or doing indecent acts. The Messenger of Allah (Blessings and peace be upon him) said: "A true believer is not involved in taunting, or frequently cursing (others) or in indecency or abusing."

Thus, a Muslim is granted a certain space to speak his mind, make constructive criticism, make reconciliation amongst people and give advice. Our role model in this regard is Abu Bakr (May Allah Be Pleased with him) who succeeded the leadership of the Muslim community as the first Rashidun Caliph. In his inaugural speech, he said: "Obey me so long as I obey Allah and His Messenger, so if disobey Allah and His messenger then you owe me no obedience."

However, a Muslim is granted this freedom under the condition that he doesn`t encroach upon the freedoms and rights of others. In the Last Sermon, also known as the Farewell Pilgrimage-after praising and thanking Allah-the Prophet (Blessings and peace be upon him) began with the words: "O People! Just as you regard this month, this day, this city as sacred, so regard the life and property of every Muslim a sacred trust. "Beware of suspicion, for suspicion is the worst of false tales. Do not look for other's faults. Do not spy one another, and do not practice Najsh (means to offer a high price for something in order to allure another customer who is interested in the thing). 

Do not be jealous of one another and do not nurse enmity against one another. Do not sever ties with one another. Become the slaves of Allah, and be brothers to one another as He commanded. A Muslim is the brother of a Muslim. He should neither oppress him nor humiliate him. The piety is here! The piety is here!" While saying so he pointed towards his chest. "It is enough evil for a Muslim to look down upon his Muslim brother. All things of a Muslim are inviolable for his brother in Faith: his blood, his wealth and his honour. Verily, Allah Does not Look to your bodies nor to your faces but He Looks to your hearts and your deeds." And All praise is due to Allah The Lord of The Worlds.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

What is the meaning of the word aqiqah?

 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah in its linguistic sense refers to the hair upon the head of a newborn at the time of birth.
In its Sharī'ah sense, it refers to the livestock that is slaughtered on behalf of a newborn child.
And Allah Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.