Dignity Embodies Duty”: Islamic Perspective on Combating “Hate Speech

Muslim World Journal of Human Rights 20 (1):19-45 (2023)
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Abstract

Hate speech (‘al-jahr bi’-sūʾ min al-qawlin 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 recogniseshuman dignityas 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 certainconditionson the human agency while this right is exercised? Second, what do theseconditionsconcerning freedom of speech imply about the regulation of hate speech? I approach these questions by beginning with the introduction ofkaramahprinciple 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 forharminghuman 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.

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References found in this work

Subordinating Speech.Ishani Maitra - 2012 - In Ishani Maitra & Mary Kate McGowan, Speech and Harm: Controversies Over Free Speech. Oxford: Oxford University Press. pp. 94-120.
Does Freedom of Speech Include Hate Speech?Caleb Yong - 2011 - Res Publica 17 (4):385-403.
Free Speech: A Philosophical Inquiry.Frederick Schuer - 1984 - Philosophy 59 (227):130-132.
Words That Harm: Defending the Dignity Approach to Hate Speech Regulation.Chris Bousquet - 2022 - Canadian Journal of Law and Jurisprudence 35 (1):31-57.

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