?Free Speech, Scholarly Critique, and the Limits of Expression in Islam?
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Al-Mahdi Institute?s 9th Annual VIRTUAL Contemporary Fiqh? Issues workshop ?Free Speech, Scholarly Crit ique, and t he Lim it s of Expression in Islam ? 1st & 2nd July 2021 CONTENTS INTRODUCTION Many western liberal democracies uphold the right to free speech and expression as a fundamental freedom, which albeit not an absolute right, extends to the mockery of venerated figures. Critique of Islam and ridicule of the Prophet Muhammad have disconcerted some Muslim factions. As a result, some Muslim jurists condemn many expressions that fall under the rubric of free speech in liberal 1. INTRODUCTION democracies as blasphemy, which they consider to be a punishable crime. Considering ongoing tensions and the perception that critique of religion is not tolerated in Islam, the 9th Annual Contemporary Fiqh? Issues Workshop, hosted by the Al-Mahdi Institute, seeks to provide a 2. SPEAKERS BIOS & ABSTRACTS virtual forum for discussions surrounding free speech, scholarly critique, and the limits of expression in Islam. The Workshop invites papers from seminarian trained jurists or those with an understanding of the traditional seminarian system that shed light on how freedom of expression and its limits are understood in the Muslim legal discourse and the extent to which it may be influenced by various socio-political factors. These important contemporary questions at the intersection between political theory and jurisprudence are positioned within broader discussions regarding the parameters of expression within Islam. As such, the Workshop will feature a range of papers from multidisciplinary backgrounds dealing with, but not limited to: - Philosophical, theological, and ethical analysis regarding freedom of expression. - Analysis of the scope and limits of free thinking and scholarly critique in Islam. - Analysis of legislation in both Muslim and non-Muslim countries relating to the freedom of expression and blasphemy. - Empirical research analysing the lived experiences of Muslims and the impact of the discourse on gender relations, intra and inter-faith relations, and societal relations. The inclusive model of the Workshop is pleased to host presenters from diverse academic backgrounds, alongside relevant practitioners, from a range of disciplines. As has become an effective format in our previous annual workshops, fiqh? debates will be positioned alongside contributions from broader legal and social science approaches - thereby enriching a multidisciplinary understanding of contemporary outlooks dealing with expression and its limits in Islam. ABSTRACT: Principles and Lim it s of Freedom of Ayat ollah Moham m ad ABSTRACT: Freedom t o Believe: Reassessing t he Ayat ollah Seyed Most afa Regulat ions of Apost asy Expression from t he Islam ic Jurisprudent ial Reza Modarresi Yazdi Mohaghegh Dam ad Perspect ive The freedom to choose one?s religious belief is protected Guardian Council, Iran & Shahid Beheshti University This presentation provides a descriptive and analytical as a human right in international documents. The study of what is freedom of expression and what are its Hawza Ilmiyya, Qom Universal Human Rights Declaration (1948), Article 3 principles and limits in Islamic jurisprudence. Freedom of recognises that ?Everyone has the right to life, liberty and expression is a principle that supports the freedom of an security of person.? Additionally, the International individual or a community to articulate their opinions and Covenant on Civil and Political Rights, Article 3 says: ideas without fear of retaliation, censorship, or legal 1. Everyone shall have the right to freedom of thought, sanction. The right to freedom of expression is recognized conscience and religion. This right shall include freedom as a human right in most legal systems, including Islamic to have or to adopt a religion or belief of his choice, and law. freedom, either individually or in community with others The article proceeds in two parts. In the first part, we and in public or private, to manifest his religion or belief in identify the jurisprudential principles of freedom of worship, observance, practice, and teaching. expression. According to this study's findings, these 2. No one shall be subject to coercion which would impair principles are the principle of permissibility (al-asl his freedom to have or to adopt a religion or belief of his al-ibahah), enjoining the right and forbidding the wrong Ayatollah Mohammad Reza choice. Ayatollah Mohaghegh Damad (amr bi al-Maruf wa'l-Nahy an al-Munkar), the obligation to Modarresi Yazdi is an Iranian Shia completed his seminarian studies state the truth and the prohibition of concealing it, the Article 19 says: 1-Everyone shall have the right to hold cleric and Member of the Iranian at the Fayzieh School in Qom, Iran, obligation to fight oppression. According to these opinions without interference. Guardian Council. He has been where he achieved the status of a principles, expressing opinions is not only a legal right but, teaching dars kharij for more than Many Muslim countries, including Iran, have adopted mujtahid by the age of 25. in many cases, a legal duty. thirty years. He is also a member these conventions, and are therefore, obligated to extend Amongst his notable teachers are In the second part, our main claim is that freedom of of the Qom Seminary Teachers these rights to their citizens. Nonetheless, in practice they Allama Tabatabai and Shaykh Murtada Mutahhari, under whom expression is not an absolute right but limited to several Association, a university lecturer, continue to criminalise apostates with the most severe he studied Islamic philosophy. His limits. Some of these limits are common to the limitations and a member of the board of the punishment, namely capital punishment. Such laws are studies in Islamic Jurisprudence set in contemporary legal systems; for example, Islamic Iranian National Elite Foundation. based on the juristic understanding of apostasy within the and Legal Theory were conducted jurisprudence, similar to French and British law, restricts sharia. However, the dynamism of ijtihad in the Shi?i Dr Reza by the likes of Ayatollah freedom of expression to hate speech. But some of these tradition means that the rulings of former jurists does not Mohammed Reza Golpaygani and restrictions are confined to Islamic jurisprudence. These Pourm oham m adi prevent contemporary jurists from reassessing rulings Ayatollah Morteza Haeri Yazdi. limits are those acts that are themselves forbidden in regarding apostasy by re-looking at the sharia sources. Women?s research Centre, Iran Parallel to his seminarian Islamic jurisprudence. For example, if freedom of speech In light of this, the presentation will briefly discuss: education, Ayatollah Mohaghegh leads to insults to others who are respected, it should no 1. Can punishing apostates be evidenced from the sharia Damad pursued secular academic longer be considered a human right. However, the sources? studies, obtaining a degree in fundamental limits and restrictions on freedom of Islamic Philosophy and a Masters 2. If so, is the Islamic Government obliged to implement expression are as follows: prohibition of apostasy (irtid?d) in Islamic Jurisprudence, both and denial of religious certainties when they are not based such a punishment? from Tehran University, before on reason and are mere claims, prohibition of hate 3. Furthermore, is apostasy punishable in when it relates going on to earn his PhD in Law at speech, prohibition of profanity, etc. to individuals changing their personal beliefs or the University of only in cases where it leads to confrontation with the Louvain-la-Neuve, Belgium. He is faithful community? the Dean of the Department of Islamic Studies at The Academy of Sciences of Iran, and a Professor Dr Reza Pourmohammadi of Law and Islamic Philosophy at completed 14 years of seminary Tehran University. He is studies in the Hawza Ilmiyya of recognised as one of the world?s Qum, which included five years of most influential Muslims by The dars kharij (graduate) study. He Muslim 500 for his scholarly work. holds a Ph.D. in Islamic Jurisprudence from the Islamic Seminary of Qom. ABSTRACT: Aut horit arian or Aut horit at ive: Resolving Professor Dr Alison ABSTRACT: Free Speech as Et hical Speech in Islam : an Professor Morgan Clarke t he Free Speech Tensions bet w een Secular and Scot t -Baum ann ant hropological perspect ive. Religious Higher Educat ion University of Oxford In this paper we situate the question of free speech and SOAS, University of London Empirical research analysing the lived experiences of its relation to the Islamic tradition in comparative and Muslims often shows a one-sided narrative about gender historical context, drawing on recent work within relations, intra and inter-faith relations, and societal anthropology. While current debates about the limits of relations. In seeking to reduce the impact of such free speech are often framed as an opposition between discourse I speak from a secular position, and also with Islamic versus secular liberal notions, we identify their understanding of the Islamic seminary but with full shared genealogies. We further argue that any such awareness of the limitations of both epistemological debate must address the question of free speech within approaches. Accusations are often brought against the Muslim communities as well as between them and reputed hegemony of such approaches by the ?other? side non-Muslim societies. and this adversarial position creates an unfortunate and Modern liberal Western notions of free speech have a self-defeating binary. Antagonisms are created between deeper history. Philosopher Michel Foucault traced them social conservatism and social liberalism, each back to the ancient Greek concept of parrhesia ? speaking Morgan Clarke is Professor of exaggerated by use of decontextualized argument. truth to power. Candid speech to powerful figures was a Social Anthropology at the This situation is exacerbated by current right wing populist form of ethical speech, performed with the intent of University of Oxford. He is the debates around free speech: freedom of expression is Professor Dr.