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 Ilmiyya, 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 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 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. Alison Scott- shaping their conduct, with corresponding risks. author of Islam and New Kinship: often presented in another counterproductive binary as Baumann is Professor of Society Contemporary ideas of free speech have been Reproductive Technology and the either a libertarian right or as an extreme risk and Belief and Associate Director transformed in characteristically modern ways, but retain Shariah in Lebanon (Berghahn, (Scott-Baumann and Perfect 2021). In order to break the of Research (Impact and in some measure this notion of ethical exhortation in the 2009) and Islam and Law in form of critique. hegemony of this secular device, it is necessary to consult Engagement) at SOAS, University Lebanon: Sharia Within and Islamic thinkers and ethical experts, such as Kamali and of London. She and her research Ethical speech is important in the Islamic tradition too. Without the State (CUP, 2018). His Rabb and El Fadl. Yet immediately we are faced with team recently completed a Religious sermons and lessons are forms of ethical research centers on the three-year AHRC grant to analyse different approaches to free speech within modern Islamic speech, intended to help shape their listeners into better anthropology of law, ethics and representations of Islam and thought. Muslims. The duty of Muslims to ?command right and Islam, through fieldwork in Muslims on university campuses forbid wrong? (al-amr bi-l-ma?ruf wa-l-nahy min al-munkar) Lebanon and the UK. It may be argued that the seminary education of young (2015-18). This complements her is not only intended to help others become more virtuous men and young women is a necessary but not sufficient work on free speech on campus in everyday life, but may also take the form of speaking Dr Ali-Reza Bhojani qualification for leading the British Muslim community and pathways to securitisation. truth to power ? including within the Muslim community. Al-Mahdi Institute (Mukadam et al 2010). It may equally be argued that a She speaks on BBC Radio 4, and There are many examples of religious scholars who have secular education is neither a necessary nor a sufficient has written for Guardian and spoken out against injustice and been punished for it. The condition to prepare young British citizens, whether several higher education blogs, purpose, conditions and limits of this duty have thus been Muslim or not, for adult life. There are many ways in which and applies modern philosophy extensively debated within the Islamic tradition, as they the situation could be improved for all parties: authentic (Ricoeurian) to social justice issues. have in the liberal tradition. collaboration between universities and seminaries is She gave evidence in 2017 to the Our discussion is informed by our ethnographic research happening to a certain extent, as we see in the case of Al Joint Committee on Human Rights within a Shi?i Muslim community in the UK. The about free speech on campus and Mahdi and Birmingham University. Yet safe and critical community enjoys a wealth of sermons and lessons, in 2019 she was invited to No. 10 debate happens increasingly rarely, partly due to three widely disseminated through YouTube and social media. Downing Street to brief advisors phenomena: state managed initiatives such as Prevent, Despite the liberality in quantity and scope of this on her research findings. She is the counter terror initiative; the populist impulses pedagogical discourse, however, attitudes towards it are also conducting a deep mapping described above and thirdly our inability to control social not laissez-faire. Rather, use of ?the pulpit? (minbar), which of curricular and extracurricular media and its competing platforms for ?truth.? Kamali is the key location and symbol of this discourse, is provision for Jewish and Israeli Dr Ali-Reza Bhojani is a lecturer at argues that discovering truth and upholding human carefully regulated. Those whose speech is deemed too studies in the Bloomsbury Al-Mahdi Institute, co-director of dignity are the two fundamental goals of free speech, with risky to the community?s piety are barred from the pulpit, universities, to establish shared the Centre for Intra-Muslim truth trumping dignity in difficult times (Kamali 9). Yet the a practice that has become frequent enough to provoke excellence. This includes improving Studies and a research affiliate at idea of truth remains to be debated honestly in multivocal considerable debate within the community. Freedom of conversations as part of the free the University of Oxford. A societies like Britain and will doubtless provide competing speech is thus a matter of controversy within the speech entitlements and graduate of Al-Mahdi Institute, his truths, so I will demonstrate how the complementarity of community as well as outside of it. responsibilities shared by all research focuses on intersections fundamental truths can be achieved. interlocutors. between Islamic legal theory, theology and ethics. ABSTRACT: Freedom of Expression or Freedom t o Ban: Professor Liyakat Takim ABSTRACT: Free Speech and Crit ique of Religion in Professor Mohsen Jurist ic Pluralism and Diversit y in Islam Cont em porary Islam McMaster University Kadivar Although the United Nations ratified ?the Universal An important point of contention in scholarly debates is Duke University that of freedom of expression. Is a scholar free to express Declaration of Human Rights? (UDHR) in 1948, but we do not his/her scholarly opinion and if so where do the have such a universal deceleration on ?human duties? yet. The boundaries lie? Can the scholar be banned if his/her views UDHR and the 1967 ?International Covenant on Civil and appear outrageous or unacceptable to others and if so Political Rights? (ICCPR), which recognize freedom of who has the authority to enforce the ban? expression, define its domine to ?respect of the rights or reputations of others, and the protection of national security In discussing the topic, it should be remembered that or of public order, or of public health or morals.? texts attain normative status after much debate and Muslim countries have repeatedly tried to ban insults to negotiations. Even after the texts have been composed Muslim beliefs by relying on this clause and have never and rulings enunciated, they almost ineluctably lead to succeeded; This is because the clause deals with violations of different interpretations and practices. It is also important the rights of "individuals", and no rights are recognized for to remember that juristic pluralism has been a prominent "religions" (or followers of religions). That is, insulting an feature of Islam from its very beginning and that "individual" can be a crime, but insulting the "religious declaration by scholars should not be construed as beliefs" of individuals in these documents is not considered a normative or sacred proclamations from the revelatory Professor Liyakat Takim is the crime in principle! In addition, there is no difference between (b. 1959) is a sources. On the contrary, their statements are the Sharjah Chair in Global Islam at scholarly critique of religion and non-scholarly or critique for Shi?ite theologian and jurist and a products of their hermeneutical exercises. Therefore, a McMaster University in Canada. A the masses in these documents. In contrast, we should pay research professor of Islamic particular view or opinion cited by a scholar should not be prolific writer and speaker he has attention to three major points in the principle of ?freedom of Studies at Duke University seen as the ?official? Islamic position because scholars authored more than one hundred speech? in Islam. (Durham, NC, US). His interests maintain different and, at times, contrasting positions on and thirty scholarly works which span both classical and modern First, freedom of expression in Islam in both areas of the same issue. The fact of the matter is that, since there have been published in various individuals and religions does not include the freedom to Islamic thought with a special is no church or ecclesiastic authority to declare an ?official journals, books, and ridicule, insult, and make a mockery of anyone especially focus on Islamic philosophy and or orthodox Islamic position? on an issue, no scholar can encyclopaedia. He has written on a Prophets, while critique of religion is allowed. ethics, Shi?i theology and speak on behalf of the whole of Islam nor can his views be wide range of topics such as jurisprudence, Qur?anic studies, Second, in Islamic thought freedom of expression in the seen as representing the only authentic position on a reformation in Islam, the role of Shi?i political thought, and Islam public sphere is different from freedom of expression for the topic. custom in shaping Islamic law, and human rights. Author of specialized audiences in academic circles. There is absolutely Islam in the western diaspora, twenty-nine books in Persian, his This paper will examine the sensitive issue of freedom of no red line or any restrictions for scholarly critique of Islam expression and demonstrate that from the very beginning, Islamic fundamentalism, Islamic or Shi?ism in academic circles, while for the mass audience, recent books are Human Rights Shi'i scholars like al-Saduq expressed highly controversial mystical tradition, Islamophobia, there are restrictions that will not shake the faith of people and Reformist Islam and issues on various theological and juridical points that the treatment of women in Islam due to weak public information. Blasphemy and Apostasy in Islam: law and many other topics. Debates in Shi?a Jurisprudence challenged basic Shi'i beliefs like the ?isma of the Prophets Third, a distinction must be made between the Qur'an, the (both Edinburgh U. Press, April and Imams and the corporeality of God. Indeed, even the Professor Takim has also spoken practical tradition of the Prophet, and the practical tradition 2021), and his recent articles and companions of the Imams disputed and disagreed among at more than one hundred and ten of Imam Ali, on the one hand, and hadiths attributed to the book-chapters are ?Democracy themselves to the point that they accused each other of academic national and Prophet and the Imams, conventional Islamic sciences, and and Ethical values from Islamic kufr. Yet, despite their aberrant views, these scholars were international conferences. He has the lived experiences of Muslims throughout the history, on Perspective? (March 2020), never banned from speaking or voicing their opinions in spoken in different parts of the the other hand. public neither was there a ?list of banned books? issued. ?Genealogies of Pluralism in world ranging from Australia, New In the former type of sources, apostasy and blasphemy do On the contrary, their books continue to be published and Islamic Thought: Shi?a Perspective? Zealand, and Singapore, to East not have any temporal punishments, while in the latter type, read even today. The paper will go on to consider on what and ?Toward Removing the Africa, Dubai and North America. apostasy and blasphemy lead to the execution of the grounds can a scholar be banned from writing or speaking Punishment of Apostasy in Islam? He has published three books and apostate or blasphemer, the annulment of his/her marriage, (both March 2021). His in public. Is there a mechanism for excommunicating a is now working on his fourth book, and liquidation of his/her property. While the first former of forthcoming books in late 2022 are scholar? Who has the authority to ban and can this be Ijtihad and Reformation in Islam. Islamic resources supports strongly freedom of expression Governance by Guardianship: Rule legitimately enforced? Professor Takim has taught at and critique of religion, serious obstacles for realization of and Government in the Islamic several universities and is actively freedom of expression and critique of religion are not easily Republic of Iran (Cambridge U. engaged in dialogue with different deniable in the latter type. The possibility or practicability of Press) and Islamic Theocracy in the faith communities. the first two points in the age of the new media, internet and social network needs critical elaboration. The third point Secular Age: Revisiting Shi?ite requires a lot of deep scholarly clarifications confronting the Political Thought of Islamic traditional Islamic literature and heavy Western scholarship Republic of Iran (University of on Islam. North Carolina Press). ABSTRACT: Freedom of Thought and Expression from Shaykh Arif ABSTRACT: Freedom of Int ellect ual Expression ? A Dr Haidar Hobballah an Exist ent ial Perspect ive Crit ique on t he Legacy of ?Books of Misguidance? Abdulhussain University of Religions and Freedom of intellectual expression has become a central Unrestricted freedom of thought and responsible freedom Denominations, Qom of expression are key factors in the process of intellectual Al-Mahdi Institute topic in the modern era, being thoroughly examined within and moral progression of humanity. These freedoms are religious discourses and tackled by jurists under the intuitive and are attested to rationally. Any form of heading ?books of misguidance? (kutub al-?al?l). An restriction to these freedoms inevitably results in tension examination of the jurisprudential literature will lead us to since they stand in contradiction to the human existential the following observations: condition of growth and self-realisation. Accordingly, the role of a successful religion is one of liberating humanity 1. The concept of misguidance is extremely ambiguous and from factors restricting these freedoms and in addition to was frequently utilised as a means of character empower human beings to evaluate and critique assassination. Apart from a few examples, no one coined established belief systems and status quo. for this concept a clear and precise meaning through which Islam challenged the existing norms and the belief it?s instances could be understood. Are books of blasphemy systems of the time by appealing to human intuition and and other religions books of misguidance? What about reason. This standard of critical examination was books of certain denominations? Or books of mockery and extended to its own teachings by verses that encouraged poems against religion? Or books that oppose Truth? If so, the initial community of Arabia to evaluate the content of which truth is intended? Is it all truths within religion or a the . The appeal and success of Islam was squarely specific part of a doctrine? Some jurists even consider due to its being in tune with human intuition and reason. Shaykh Arif Abdulhussain books that are true to be books of misguidance if they lead Haidar Hobballah specialized in As such the religion Islam in this respect is subordinate to founded the Al-Mahdi Institute in to the misguidance of people, such as the books of mystics! Quran and Hadith Sciences, the existential facet of growth and therefore the debate of 1993, and currently serves as its More problematic than this is the lack of differentiation Jurisprudence and Fundamentals what level of freedoms Islam allows is a redundant Director and Senior Lecturer in between the right of ijtih?d and ingenuity in religious of Islamic Jurisprudence, and debate. u??l al-fiqh and Muslim thought, and the concept of misguidance and innovation. Comparative Religions as well as The restrictions placed on the freedom of expression by Philosophy. For over twenty years, 2. It becomes clear that the Qur?an does not speak directly Christian Theology. He has the Sharia is no more than human intervention similar to Shaykh Arif has been at the about this issue. Rather it refers to generic concepts, such twenty-six years of experience as the restriction applied by modern states in order to forefront of developing and as the prohibition of misguiding people or the prohibition a teacher in the Islamic seminary ensure state security and prevention of disorder among delivering advanced Islamic on helping others in sin. However, the jurists have of Qom, al-Mustafa University, other things. Such restrictions are time bound and are studies, tailored toward training attempted to apply these generic concepts on specific and the University of Religions open to revisions with the change of context; they are not students capable of addressing instances and as a result of this many errors and confusion and Denominations. He is the immutable or eternal. Similarly, the lack of right to offend others in the process of critique is assured by human the needs of contemporary have been made. What is quite shocking is that no primary founder and editor-in-chief of nobility primarily, and subsequently, echoed by Islam. In societies. textual evidence, with the exception of four traditions, three multiple journals. Published of them which are weak, can be found from the Prophetic intellectual, academic, and areas of freedom of thought and the level of freedom of Shaykh Arif was educated at the traditions. Even these traditions that exist don?t support the jurisprudential contributions in expression religion merely reinforces what is already Madrassah Syed al-Khoei, London known intuitively and attested to rationally. idea of removing individual freedom. In addition, opposing various journals and publications where he graduated with evidences can be found within the hadith and historic in Iran and the Arab world. He has With this it is inconceivable that there should be an Honours and then taught literature that strengthen the notion that the state should authored twenty-two books in the unquestionable sacred space within religion that restricts Grammar, Logic, Islamic Law and not interfere in silencing different opinions. fields of Jurisprudence, freedom of thought be it in the form of teachings Usul al-Fiqh. He then pursued Fundamentals of Jurisprudence, contained within primary religious sources or their Post-Graduate Islamic studies 3. Rational proofs have been the main type of evidence subsequent interpretations. More obviously there cannot Philosophy, Hadith sciences, and between in Qum and attended used by jurists. These were then employed contextually to be eternal law within Sharia that restricts the right of Theology and has published many private training and research help deal with deviant thought. There is no religious expression in the form of the laws of apostacy and of his articles in journals. Haider studies with leading scholars of command found in the scripture that specifies a specific blasphemy. method of how to tackle falsehood. This gives us the space Hobballah holds a PhD in Qum. He also taught a wide to come to a reasonable solution that does not result in Christian Theology and spectrum of the traditional taking away intellectual freedom. Comparative Religions from the Muslim scholarly disciplines. On University of Religions and his return to the U.K. after A comprehensive reading on this subject concludes that Denominations in Iran and an founding the Al-Mahdi Institute whilst the law gives importance on protecting religious Master's degree in Qur?an and he continued his graduate (kh?rij) values it has not described for us specific measures that we Hadith Sciences from the Faculty training in u??l al-fiqh and Fiqh can use in countering devious thought. This entails that we of Fundamentals of Religion in from under Ayatullah H. Amini, a have been left free to employ measures that are rational Iran. student of Ayatullah Khoei. and in accordance with the changes of time and place. ABSTRACT: Herm eneut ical im plicat ions of t he Professor Seyed ABSTRACT: Dangerous Definit ions: On t he Debat e Professor Rebecca Rut h -? disput e on books of m isguidance Moham m ad Fat em i around Defining Islam ophobia w it hin t he UK Gould This presentation will review recent calls within the UK for Differences amongst Shiite jurists on a multitude of issues University of Birmingham Al-Mahdi Institute & Shahid government-backed definitions of Islamophobia, while is an accepted norm, for example there a variety of rulings Beheshti University considering the unanticipated consequences of such regarding the obligation of Friday prayers in the absence proposals, as well as the convergence of the discussion of an Imam. These kinds of juristic differences, however, around defining antisemitism with defining anti-Muslim do not usually have any greater hermeneutical racism. I focus on the definition of Islamophobia which is significance. In contrast, the dispute amongst the Usulis being proposed for adoption by government and a range and Akhbaris regarding the Sharia status and of civil society organisations, and compare and contrast permissibility of so-called books misguidance (kutub that definition with other ways of understanding al-?al?l) is based on diverging hermeneutical foundations anti-Muslim racism. To the extent that a definition of and therefore, may have ? in a limited manner - wider Islamophobia will fail to address the government?s role in implications for reform in other areas of jurisprudence. propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate In order to explore the hermeneutical differences between speech, the proposal for a government-backed definition the Usulis and Akhbaris and point at the possibility of of Islamophobia should not be regarded favourably. We expanding the hermeneutic, this paper will focus can also learn from the lessons of the negative effects of on a case study comparing the views of Yusuf al-Bahrani the government's adoption of the IHRA definition of (d. 1186 H.), a distinguished moderate Akhbari, Muqaddas antisemitism. Alongside opposing government attempts Professor Seyed Fatemi pursued Rebecca Ruth Gould is a Professor al-Ardabili (d. 993 H.), a highly admired figure, and to define Islamophobia (and Islam), I argue that advocacy seminarian education for over 13 of Islamic World and Comparative Murteza al- Ansari (d. 1281 H.), one of the most efforts should instead focus on disambiguating years in the Hawza illmiyya of Literature at the University of distinguished post-al-Bahrani Shiite Usuli , on the issue of government counter-terrorism initiatives from the Qom, Iran, where he studied Birmingham, working at the misguiding books. Al-Ardabili and Al-Ansari both inclined government management of controversies within Islam. Islamic Jurisprudence and Legal intersections of literary, political, towards the prohibition of misguiding books. The paper Theory. He also trained in Public and legal theory. Her developing will provide an exposition of the underlying reasons for Law at Tehran University, attaining and current interests include free the usuli prohibition on misguiding books in line with their both an LLB and an LLM. Following speech and comparative legal normative maximalism in determining Sharia regulations this, he was awarded a PhD from cultures. Prior to joining the and Bahrani?s vehement contestation of the usuli prohibition. This rejection reflects the akhbari the Faculty of Law at the University University of Birmingham in 2017, commitment to ahadith, which makes no explicit of Manchester for research she taught at the University of prohibition or mention of kutub al-?al?l, therefore leading engaging with comparative human Bristol and Yale-NUS College to a permissive attitude towards misguiding books. rights. He is currently a faculty (Singapore). member at Shahid Beheshti Whether this rather liberal conclusion in kutub al-?al?l is Rebecca Ruth Gould's books University and Al-Mahdi Institute, consistent with their general resort to the principle of include Writers and Rebels: The supervising PhD candidates and caution in doubtful cases is also a point for discussion. Literatures of Insurgency in the lecturing on the Philosophical Caucasus (2016), The Routledge Foundations of Human Rights, Handbook of Translation and Islam and Human Rights, and Activism (2020, co-edited with Legal Hermeneutics. He also Kayvan Tahmasebian), and The teaches the Public Governance in Persian Prison Poem: Sovereignty Islamic Thought module, as part of and the Political Imagination Al-Mahdi Institute?s collaborative (2021). Masters in Islamic Studies with the University of Birmingham. The first edition of his book entitled ?An Introduction to Human Rights in the Contemporary World, Concepts, Foundations and the Sources?, was published by the UNESCO Chair for Human Rights in 2004, and he is currently working on the third volume, which deals with Islam and Human Rights. ABSTRACT: Free speech: opport unit ies and challenges Miqdaad Versi ABSTRACT: Freedom of Expression and t he Challenge of Professor Rahim for Brit ish Muslim s in t he UK Hat e Speech: An Islam ic Perspect ive Muslim Council of Britain Nobahar Like the overwhelming majority of instances of freedoms The concept of unadulterated free speech is regularly Al-Mahdi Institute & Shahid and rights, freedom of expression is not a categorical right. vilified within many Muslim circles in the UK. Free speech Beheshti University is often perceived as a clarion call of apologists for racists It can be restricted by some qualifications including hate defending the propagation of racism. The concurrent speech. Some Human Rights documents, including article 7 unwillingness of free speech advocates to acknowledge of the International Declaration of Human Rights (1948), and reflect on their failure to win the hearts and minds of Paragraph c of article 3 of the Convention on the many sections of minority communities, provides a useful Prevention of the Crime of Genocide(1948), article 4 of the basis for this perception, and is rarely scrutinised. International Convention on the Elimination of All Forms of Racial Discrimination (1965) and article 20 of International This paper seeks to highlight contradictions in the UK Covenant on Civil and Political rights(1966), prohibit and/or public space on issues related to British Muslims, by necessitate criminalization of hate speech. Hate speech is considering free speech considerations across a series of not formally defined in the literature of Human Rights. case studies: However, it is understood as any kind of communication in 1. The government?s Prevent policy, which has become a speech, writing or behavior, that attacks or uses pejorative duty for specified public institutions. or discriminatory language with reference to a person or a Miqdaad Versi is part of the Public 2. The response to the definition of Islamophobia and the group on the basis of who they are; in other words, based Affairs team at the Muslim Council definition of anti-Semitism. on their religion, ethnicity, nationality, race, color, descent, Dr Rahim Nobahar is an associate of Britain, leading on issues gender or other identity factors. (United Nations Strategy professor at Shahid Beheshti 3. The advocacy of conservative practices. including tackling Islamophobia in and Plan of action on Hate Speech). Some national legal University Law School in Tehran 4. Racism and lack of diversity within mainstream media. the public sphere. He is a systems are not open to limit freedom of speech by hate and a senior lecturer at Al-Mahdi campaigner for responsible speech because it is potentially capable of jeopardizing Institute. He holds the highest This paper will argue that a consistent approach to free reporting in the media and has degree of Islamic Jurisprudence, speech, supporting and strengthening the speech of freedom of speech. been called "The man correcting Ijtihad, from the seminaries minority communities, is necessary for a healthy Islamic teachings seem to be in line with the permissibility stories about Muslims" by the BBC (hawzah) in Qom, Iran. He democracy, and a pre-requisite for more challenging free of excluding hate speech from freedom of expression. after eliciting dozens of apologies obtained his Ph.D. in Criminal Law speech arguments to gain traction. Beyond Islamic justification for the inherent value of and corrections from national and Criminology from Shahid freedom, Islam values freedom of expression due to its media outlets. His commentary on Beheshti University Law School in fundamental role in truth discovery. Hate speech in many Muslims in the UK, has been Tehran, Iran. He has taught cases does not help truth to be realized, recognized and published in tens of articles in the courses including Islamic Law, Guardian, Independent, Prospect expanded. Instead, it develops enmity and even atrocity in Qur'anic Exegesis, and Philosophy and New Statesman and with human relationships which in their turn result in hiding of Law in Mofid University and interviews across most main truth. Moreover, due to some recognized values in Islamic Shahid Beheshti University. Dr media outlets. value system like equality, peace, promotion of common Nobahar has published more than good through communication and education, tolerance and Miqdaad is also a former student 14 books and 80 academic articles moderation I will argue that Islamic teachings not only of the Al-Mahdi Institute and has in Islamic studies. He has served welcome exclusion of hate speech from freedom of studied under scholars including on the boards of, and presented expression, but also necessitate it. As long as hate speech Ayatullah Sayyid Fadil Milani, at, many international and concerns religious issues, it is prohibited when it raises Shaykh Arif Abdulhusein and Dr national academic conferences. hatred between followers of any faith and religion. This Ali-Reza Bhojani. His analysis of means that a Muslim can expect respect for his/her the legal methodology of Ayatullah religious opinions when he/she respects other religions and Fadlallah, "Fadlallah: a Mainstream faiths. Commitment to this approach necessitates some Radical? was published in the religious teachings and public customs and ceremonies of Journal of Shi?a Islamic Studies in different faiths including Shiite Muslims to be reread and 2010, and he has taught basic Usul revised. The article, however, insists that hate speech al-Fiqh courses for students at should be distinguished from scholarly critique and universities and at local mosques. qualification of freedom of speech should be along with a high level of sensibility, precision and precaution. This means that every single qualification of freedom of speech is only allowed when it is quite necessary.

ABSTRACT: Ghaz?lian Insight s on Doct rinal Tolerat ion Professor Ebrahim and It s Im plicat ions for Not ions of Freedom Moosa Ab? ? ?mid al-Ghaz?l? (d. 1111) in his Fay?al al-tafriqa Notre Dame University, US bayna al-Isl?m wa al-zanadaqa, offers one way as to how Thank you for participating in Al-Mahdi Institute?s 9th one navigates intra-Muslim disagreements on doctrinal Annual VIRTUAL Contemporary Fiqh? Issues workshop on; issues. The question is whether Ghaz?l? offers some insight into how we can discuss freedom of speech from within Islamic parameters. Would a Ghaz?lian reading create some space for how one can hold strong views that are antithetical to the views of other individuals but yet still be part of one faith community. If there is space for ?Free Speech, Scholarly legitimate disagreement within a single faith community, what insights does Ghaz?l? offer for multi-religious and politically plural communities? Crit ique, and t he Lim it s of The idea of free speech is an essential element of cultures that aspire form of liberty and freedom in some form of liberal, socialist or any kind of democratic formation. Expression in Islam ? Muslims find themselves in Western and in non-Western societies where this element of open and free Ebrahim Moosa (PhD, University of conversation about difficult topics is a requirement of Cape Town 1995) is Mirza Family public discourse. Given the secular nature of liberalism Professor of Islamic Thought and and socialism, all topics including religious claims and Muslim Societies in Notre Dame?s beliefs are subject to public debate. Critique of religion or Keough School of Global Affairs the challenge to religious pieties and symbols are part of and Department of History. Moosa such public discourse in democracies that foster free co-directs, Contending 1st - 2nd July 2021 speech. The Muslim tradition (tur?th) is embedded in a Modernities, the global research culture of obligation and duty rather than freedom. The and education initiative examining idea of freedom is also different in multiple polities and is always subject to higher norms of duty and obligation. the interaction among Catholic, Freedom is not absolute but an aspirational goal, Muslim, and other religious and mediated by political and social realities. Often times, secular forces in the world. #fiqhiw orkshop2021 Muslim advocates make claims that the historical tradition Moosa?s interests span both allows for untrammeled freedom of expression and classical and modern Islamic speech. This is not always accurate. There are certain thought with a special focus on boundaries and limits of expressing opinion historically If you would like to post about the Workshop on social media, such as the reverence for the Prophet of Islam, the Islamic law, history, ethics and please remember to tag #fiqhiw orkshop2021 sanctity of the Scripture, the sanctity of the im?ms in the theology. His book What Is a Sh??? tradition, the honor of Companions for the Sunn?s, as Madrasa? was published in 2015 well as for the founders of the law schools and other by the University of North Carolina personages. Any free speech directed at some of these Press. Moosa also is the author of / alm ahdionline figures can generate charges of insult and blasphemy. Ghazali and the Poetics of Free speech in Muslim discourse is always trumped by Imagination, winner of the some higher interests and principles. My paper will American Academy of Religion?s elucidate and discuss some of the issues drawing on the Best First Book in the History of @AMIOut reach writings of Ghaz?l?. Religions (2006) and editor of the last manuscript of the late Professor Fazlur Rahman, Revival and Reform in Islam: A Study of @am iout reach Islamic Fundamentalism. Other publications also include the co-edited book The African Renaissance and the Afro-Arab / alm ahdiinst it ut e Spring (Georgetown University Press, 2015). Al-Mahdi Inst it ut e 60 Weoley Park Road Tel: +44 (0) 121 446 5047 Birm ingham Em ail: info@alm ahdi.edu B29 6RB Web: w w w.alm ahdi.edu