FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:

Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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13 April 2009

Underage?! Islamic Laws vs Western Laws

URLhttp://au.news.yahoo.com/a/-/world/5494886/marriage-eight-year-old-legal (13 April 2009)

Man's marriage to eight-year-old girl ruled legal
April 13, 2009, 10:58 am

A judge has refused to overturn a ruling that declared the arranged marriage of an eight-year-old girl to a 47-year-old man legal. The Saudi Arabian judge, Sheikh Habib Habib, ruled that the girl's marriage to a friend of her father's was legal and binding.

CNN reported the child wife could file for divorce once she reached puberty. A relative of the girl told CNN the judge first refused to annul the marriage last year but reconsidered the case upon the girl's mother's appeal. The mother's lawyer argued the girl's father had arranged the marriage with his "close friend" to pay off a monetary debt.
The relative said the girl's mother, who is divorced from the father, would continue to seek to overturn the marriage. Zuhair Harithi from the Saudi Human Rights Commission told CNN child marriages in the country must be fought, saying they "violate international agreements that have been signed by Saudi Arabia and should not be allowed."
(Note: It should be observe that some secular Muslims are influenced by Western laws and cultures, thus, they condemned such marriage. We cant blame them, because, they were graduates of Western universities).
The issue of child marriage has been a hot topic in Saudi Arabia of late. Rights groups have been petitioning the government to enact laws that would protect children while the kingdom's top cleric has said that it is OK for girls as young as 10 to wed. Sheikh Abdul Aziz Al-Sheikh, the kingdom's grand mufti, said last January there is nothing wrong with girls who are 15 or younger being married.
"A girl aged 10 or 12 can be married," he told a local newspaper. "Those who think she's too young are wrong and they are being unfair to her. "We should know that Sharia law has not brought injustice to women."

An appeals court in Riyadh will reportedly consider the case again in a hearing next month.

Comment:

Well, most Westerners who first read the article would say that the Arab man is a ‘sex maniac’… But the Westerners have forgotten that behind their backyards, their neighbors are indulging in ‘illegal sexes’ (sexes outside marriages) at random and at will. And the best part is, they do not need to take ‘responsible, such as paying for household grocery, etc… and /or responsible for the newborn baby, IF such a baby is born from the illegal sexual activities as such.

Western laws that forbid ‘sexual activities’ under the so-called ‘definition of minor law’ (That is, girl under the age of 16 years), have resulted in many cases of ‘sexual activities’ by these Western ‘underage’ girls (who are so-called modern, and expose with YouTube, Video Music, Sex Education, Pornography, etc) with boys their ages and/or men older than them.

These men are sent to jail by the authorities in the Western countries, without bail. Thus, their years of ‘skills and experiences’ as professionals (i.e. accountants, lawyers, doctors, architects, etc) are all gone to waste. They are even cases of church clergies who involved in such activities, and thus condemned by Western law.

Whereas, in Islamic law, a girl is considered as ‘mature’ when she has her menstruation’ .. which by medical term, also means that she can give birth to a baby if she marry. Islamic law knows the ‘wants / needs’ of man - AND as a result, has outlined specific and strict law, to reduce any ‘wrongdoing’ to the ‘bride.’ For example, a man is to ‘marry’ her if he wished to has sex, pay for her grocery, take care of the baby (after labor), etc… Thus, it is ‘sex with responsibility.’ (AND for case of 'underage' girl, the man need the Court permission, support testimony and permission from the girl legal parents!).

Allah is great, He knows better His creation, than man himself !! That is why Islamic Law (which is based on Quran, Sunnah, etc… which is also considered as God’s Law) has beautifully outlined many ‘practical laws’ for Muslims... and among others, laws for the marriage between man and woman.

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Petition:
Come on Westerners, WE need you to change the Western laws, so that it is inline with the 'modern man' of the new century. Remember, man-make laws are meant to be 'changed' now and then, to suit the modern needs of society! Amend the law... Western laws have always refer to Islamic Laws for insight, why stop half way.


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