Freedom of Expression in Islam An Analysis of Fitnah

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 ...