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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21 December 2017

Stop probing UM prof immediately over (so-called) article on radicalism !



Source:
https://www.malaysiakini.com/news/406078
(20 Dec 2017)

Stop probing UM prof immediately over article on radicalism, says SIS

Published: Today 4:50 pm

Sisters in Islam (SIS) has called for the immediate stop in the investigation against law professor Shad Saleem Faruqi over an op-ed published in a national newspaper last month.
In a statement, the advocacy group said that Shad, as an academic whose interest and expertise lies in constitutional matters and Islamic policies, had acted within his professional boundaries when he commented on religious radicalism in his recent article in The Star daily. 
"Where do we draw the line in identifying individuals that disrupt public peace and those that promote peace, harmony and tolerance through academic discourse?
"Or does the provision only apply to certain institutions and individuals?
"We should take cognisance of Imam Malik’s statement that ‘Diversity of opinion is Allah’s gift to the ummah,’ and any imposition of one particular opinion would be tantamount to destroying this divine gift," said SIS, adding that the probe against Shad was a "blatant abuse of power in an attempt to subdue freedom of expression."
The Universiti Malaya professor is being investigated under Section 504 of the Penal Code, which deals with intentional insult with intent to provoke a breach of peace, and carries up to two years imprisonment, a fine, or both upon conviction.
The Malaysia Islamic Strategic Research Institute (Iksim) had lodged a report over Shad's article “Religious radicalism on the rise” that was carried by The Star, in which he had argued against the institute's position on secularism, on the Federal Constitution being subservient to Islam, and on the enforcement of religious laws.
SIS also urged an end to the "systematic demonising and shutting down of diverse voices" concerning matters related to Islam. 
"As Malaysians who value democracy, the rule of law and values that promote harmony, tolerance and peace within society, we call upon academics, activists and the public to speak up and push back against the intimidation of academics and the suppression of academic freedom."
Yesterday, civil rights group Lawyers for Liberty voiced similar concerns, saying the probe against Shad amounted to an attack on academia and the freedom of speech.
Read more at https://www.malaysiakini.com/news/406078#8EjK8OwVGwU0G6Bd.99



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