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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22 December 2015

RM100 million suit against Taib Mahmud’s son, lawyers say ex-wife



Source: 

RM100 million suit against Taib Mahmud’s son, lawyers say ex-wife

Datuk Seri Mahmud Abu Bekir Abdul Taib's lawyer today questioned the basis for the businessman's ex-wife, Shahnaz Majid, seeking a RM100 million muta'ah (conciliatory payment) claim.
The lawyer, Datuk Seri Zainul Rijal Abu Bakar told the Shariah High Court this was because Shahnaz was the one that had chosen to live separately for 10 years, away from Mahmud Bekir.
He said Shahnaz, as a plaintiff, could have filed for divorce once she started living separately in 1999.
"Living apart for 10 years is also 'contributory' by the plaintiff herself.
He said the plaintiff had instead waited for 10 years and only now had sought conciliatory payment.
Zainul also disputed the amount of RM100 million as claimed by Shahnaz.
"What is the justification that the RM100 million is fair and in accordance with Islamic law?
"The mechanism and method of calculation was not given specifically to the court," he said before Judge Mohammed Abdul Karim Wahab.
Shahnaz's lawyer, Akbardin Abdul Kader during trial on November 17, had said that the amount is not strange because Mahmud Bekir is worth between RM916 million and RM1.334 billion.
He said Mahmud Bekir's expenses reaches hundreds of thousands of ringgit per month.
The judge later set the trial to resume on January 28 next year to hear the response from Shahnaz's lawyer.
He also announced that the decision for this case will be presented on March 10.
On May 11, 2011, the Shariah High Court confirmed the divorce between Mahmud and Shahnaz.
The couple were married on January 9, 1992 and have a son named Raden Murya.
The RM100 million conciliatory payment suit by Shahnaz, who is the elder sister of singer Datuk Sheila Majid, has attracted attention as it is expected to expose former Sarawak chief minister Tun Abdul Taib Mahmud's wealth. – December 22, 2015.




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