{"title":"“尊严体现责任”:伊斯兰教打击“仇恨言论”的视角","authors":"B. A. Malik","doi":"10.1515/mwjhr-2022-0003","DOIUrl":null,"url":null,"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.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"“Dignity Embodies Duty”: Islamic Perspective on Combating “Hate Speech”\",\"authors\":\"B. A. Malik\",\"doi\":\"10.1515/mwjhr-2022-0003\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":35445,\"journal\":{\"name\":\"Muslim World Journal of Human Rights\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Muslim World Journal of Human Rights\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/mwjhr-2022-0003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Muslim World Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/mwjhr-2022-0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
“Dignity Embodies Duty”: Islamic Perspective on Combating “Hate Speech”
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.
期刊介绍:
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.