Monday, January 24, 2011

Freedom of Speech and Act Vs. Islam

Freedom of speech is the freedom to speak freely without censorship or limitation, or both. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression." According to the Freedom Forum Organization, legal systems, and society at large, recognize limits on the freedom of speech, particularly when freedom of speech conflicts with other values or rights. Limitations to freedom of speech may follow the "harm principle" or the "offense principle", for example in the case of pornography or hate speech. Limitations to freedom of speech may occur through legal sanction or social disapprobation, or both.

The degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with relatively authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech,obscenity, and defamation laws even in countries seen as liberal democracies. The majority of African constitutions provide legal protection for freedom of speech. However, these rights are exercised inconsistently in practice. Several Asian countries provide formal legal guarantees of freedom of speech to their citizens. These are not, however, implemented in practice in some countries. In India, Freedom of speech has been restricted by the constitution of the Indian Union by the National Security Act which is still in effect and laws like POTO and TADA act in the past. Currently, all members of the European Union are signatories of the European Convention on Human Rights along having various constitutional and legal rights to freedom of expression at the national level. However, Freedom of Speech has limitations in European countries e.g. in Denmark, Traditionally the left-wing parties support freedom of speech but not when such speech is anti-minority and or is blasphemous. In Netherland, the penal code has laws however sanctioning certain types of expression. Such laws and freedom of speech are at the centre of a public debate in The Netherlands after the arrest on 16 May 2008 of cartoonist Gregorius Nekschot, French law prohibits public speech or writings that incite to racial or religious hatred, as well as those that deny the Holocaust. In France, as part of “internal security” enactments passed in 2003, it an offense to insult the national flag or anthem, with a penalty of a maximum 9,000 euro fine or up to six months' imprisonment. Restrictions on "offending the dignity of the republic", on the other hand, include "insulting" anyone who serves the public (potentially magistrates, police, firefighters, teachers and even bus conductors). In Germany, the most important and sometimes controversial regulations limiting freedom of speech and freedom of the press can be found in the Criminal code: e.g. Insult is punishable under Section 185. Satire and similar forms of art enjoy more freedom but have to respect human dignity (Article 1 of the Basic law). Malicious Gossip and Defamation (Section 186 and 187). Hate speech may be punishable if against segments of the population and in a manner that is capable of disturbing the public peace (Section 130 [Agitation of the People]), including racist agitation and anti-semitism. UK law imposes a number of limitations on freedom of speech not found in some other jurisdictions. For example, its laws recognise the crimes of incitement to racial hatred and incitement to religious hatred. UK laws on defamation are also considered among the strictest in the Western world, imposing a high burden of proof on the defendant. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This section is double-edged. First it implies that a limitation on freedom of speech prescribed in law can be permitted if it can be justified as being a reasonable limit in a free and democratic society. Conversely, it implies that a restriction can be invalidated if it cannot be shown to be a reasonable limit in a free and democratic society. Despite these protections, Canada has had a string of high-profile court cases in which writers have been prosecuted for their writings, in both magazines and web postings. In the United States freedom of expression is protected by the First Amendment to the United States Constitution. There are several exceptions to this general rule, including copyright protection, the Miller test for obscenity and greater regulation of so-called commercial speech, such as advertising. The Department of Homeland Security "has even gone so far as to tell local police departments to regard critics of the War on Terrorism as potential terrorists themselves."

In all religions there is limitations to Freedom of Speech. Religion holds that we must obey God’s will regardless of what we think. “Above all,” writes the devoutly religious René Descartes, reminding us of the applicable tenet, “we ought to submit to the Divine authority rather than to our own judgment even though the light of reason may seem to us to suggest, with the utmost clearness and evidence, something opposite.” While western religionists today are not calling for death to those who “offend God,” they are calling for—and increasingly achieving—punishment for such “offenders.” They seek to limit and further limit freedom of speech—to build “victory” upon “victory.” Their ultimate goal is—as according to the Bible it must be—to bring all art and communication under God’s authority. On the premises of religion, there is no right to free speech; there is only the “right” to speak the “truth” as revealed by “God.”

Islam allows Freedom of Speech but with limitations as in all other religions and so called modern countries like the examples given above.

Allah (SWT) cursed those who use defamation or hate speech.

Among the Jews there are some who take the words out of their context and utter them with a twist of their tongues to slander the true Deen (faith) and say: "We hear and we disobey;" and "Hear, may you (O Muhammad) hear nothing!" And "Ra'ina" (an ambiguous word meaning: "listen, may you become deaf," or "our shepherd," or "in judeo-Arabic language conveying the sense of "our evil one"). If only they had said: "We hear and we obey;" and "Hear us;" and "Unzurna ("look upon us," or " pay attention to us"): it would have been better for them and more proper. Due to all this Allah has cursed them for their unbelief. In fact with the exception of a few, they have no faith. (Aya 46 of Sura An-Nisa)

As in all other laws who disobeys the law there is punishments, it is similar in Islam. Allah (SWT) says

And if ye are in doubt as to what We have revealed from time to time to Our servant then produce a Surah like thereunto; and call your witnesses or helpers (if there are any) besides Allah if your (doubts) are true. But if ye cannot and of a surety ye cannot then fear the fire whose fuel is Men and Stones which is prepared for those who reject Faith. (Ayat 23-24 of Sura Al-Baqara)

And behold We said to the angels: "Bow down to Adam"; and they bowed down not so Iblis he refused and was haughty he was of those who reject Faith. "But those who reject Faith and belie Our Signs they shall be Companions of the Fire; they shall abide therein." (Ayat 34, 39 of Sura Al-Baqara)

Allah (SWT) has decreed punishment for those who defies His Law.

And well ye knew those amongst you who transgressed in the matter of the Sabbath; We said to them: "Be ye apes despised and rejected." (Aya 65 of Sura Al-Baqara)

We also (sent) Lut: he said to his people: "Do ye commit lewdness such as no people in creation (ever) committed before you? "For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds." And his people gave no answer but this: they said "drive them out of your city: these are indeed men who want to be clean and pure!" But We saved him and his family except his wife: she was of those who lagged behind. And We rained down on them a shower (of brimstone): then see what was the end of those who indulged in sin and crime! (Ayat 80-84 of Sura Al-A’raf)

The manners of Prophet (PBUH) in matters of speech

Allah's Apostle neither talked in an insulting manner nor did he ever speak evil intentionally. He used to say, "The most beloved to
me amongst you is the one who has the best character and manners." (Sahih Al-Bukhari 5.104)

I said: Give me some advice. He said: Do not abuse anyone. He said that he did not abuse a freeman, or a slave, or a camel or a sheep thenceforth. He said: Do not look down upon any good work, and when you speak to your brother, show him a cheerful face. This is a good work. (Sunan Abu-Dawood 1889)

The Prophet (peace be upon him) said, "If you guarantee me six things on your part I shall guarantee you Paradise. Speak the
truth when you talk, keep a promise when you make it, when you are trusted with something fulfil your trust, avoid sexual
immorality, lower your eyes, and restrain your hands from injustice." (Al-Tirmidhi 1260)

Allah's Messenger (peace be upon him) said, "Do not speak much without mentioning Allah, for much talk without mention of Allah
produces hardness of heart, and the one who is farthest from Allah is he who has a hard heart." (Al-Tirmidhi 720)

Allah's Apostle (peace be upon him) heard some people disputing about the Qur'an. Thereupon he said: It was because of this that
those gone before you had perished. They set parts of the books against the others (whereas the fact is) that the Book of Allah has
been revealed with one part confirming the others. Therefore, do not falsify some parts with the others and speak only that which
you know; that which you do not know, refer it to one who knows it well. (Al-Tirmidhi 84)

“Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Shariah. Everyone shall have the right to advocate what is right, and propagate what is good, and warn against what is wrong and evil according to the norms of Islamic Shariah.” Thus freedom of speech is interpreted and limited by sharia in Islam.

The slogan “Freedom of Speech” is another trick of satanic Western politics to advance its agenda. It is a hypocrisy.

Each European country has law against denying Holocaust. Did we have a page on Holocaust cartoons on Facebook, the ultimate place of liberty? Bishop Richard Williamson was last person to be fined 12,000 Euro on 27th Oct 2009 in Germany. On 14th Jan 2008, Wolfagang Frohlich was imprisoned for 6.5 years in Austria for voicing his opinion about Holocaust. An Iranian paper, in 2006, hosted an International Holocaust Cartoon competition and suggested Western newspapers to publish few of those. Jyllands-Posten Cultural Editor had initially agreed to publish few selected cartoons but later the paper backed out. The Cultural Editor was sent on indefinite leave. The website of Hamshahri newspaper which had organized this competition was hacked and suffered a denial-of-service attack. Jews all over world protested against the competition. Rabbi Marvin Hier termed it as classic formula of Adolf Hitler, which says if there’s a problem, it’s the fault of the Jews. In April 2003, a Danish cartoonist Christoffer Zieler offered some cartoons of Jesus Christ to Jyllands-Posten, Denmark’s largest daily paper and generally seen as right-wing. Zieler received an email back from the paper’s Sunday editor, Jens Kaiser, which said: “I don’t think Jyllands-Posten’s readers will enjoy the drawings. As a matter of fact, I think that they will provoke an outcry. Therefore, I will not use them.” But the same paper in 2005, showing blatant double standard published Prophet Mohammed cartoons.

The wikileaks.org domain name was registered on 4 October 2006. The website was unveiled, and published its first document in December 2006. WikiLeaks states that its "primary interest is in exposing oppressive regimes in Asia, the former Soviet bloc, Sub-Saharan Africa and the Middle East, but we also expect to be of assistance to people of all regions who wish to reveal unethical behaviour in their governments and corporations." WikiLeaks has received praise as well as criticism. The organisation has won a number of awards, including The Economist's New Media Award in 2008 and Amnesty International's UK Media Award in 2009. In 2010, the New York City Daily News listed WikiLeaks first among websites "that could totally change the news", and Julian Assange was named the Readers' Choice for TIME's Person of the Year in 2010. The U.S. Justice Department opened a criminal probe of WikiLeaks and founder Julian Assange shortly after the leak of diplomatic cables began. Access to WikiLeaks is currently blocked in the United States Library of Congress. On 3 December 2010 the White House Office of Management and Budget sent a memo forbidding all unauthorised federal government employees and contractors from accessing classified documents publicly available on WikiLeaks and other websites. The U.S. Army, the Federal Bureau of Investigation and the Justice Department are considering criminally prosecuting WikiLeaks and Assange "on grounds they encouraged the theft of government property",although former prosecutors say doing so would be difficult.

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