Hate Crimes Under the Disguise of Free Speech

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Our Spin Doctors vs. Their Spin Doctors

 

By: Shahid Bin Waheed شاهد بن وحيد

 

بسم الله الرحمن الرحيم

الحمدلله رب العالمين والصلوة والسلام على اشرف الانبياء وسيدالمرسلين نبينا محمد صل ا لله عليه وعلى آله واصحابه وازواجه اجمعين - امابعد

All the praises and thanks be to Allaah, Sustainer of the Universe, and blessing and salutation to be the most distinguish of the Messengers and foremost among the Prophets, our Prophet Muhammad, peace and blessings of Allaah be on him and on his wives, children and Companions.

 

After the publication of extremely offensive cartoons in a Danish newspaper, Muslim world reacted swiftly and aggressively and rightfully so beside some isolated incidents where violence was used. This author has never condoned vigilante justice and/or extremism with violence. However, had the issues like this involving hate crimes and/or insults and/or blasphemy been handled by Muslim governments in an organized and appropriate fashion, these remote incidents could have been avoided especially the loss of lives.

 

The criminal single mindedness of the West was not a surprise in order to sweep the hate crimes and blasphemy under the rug claiming it to be so-called “free speech and/or freedom of speech.” The West was expecting Muslims to accept this gobbledygook and come to table for a dialogue where as usual Western spin doctors can use the “broken record technique” to stupefy Muslims. For those who don’t know what is BRT (broken record technique), it is used in situations when you don't want to give something up, like an idea perhaps. Regardless of what is put to you all you do is repeat the message time after time after time. This has the effect of stupefying your adversary into either losing the will to live entirely or giving up and agreeing with you.

 

One might ask this question if this is the case of so-called free speech and/or freedom of speech that allows anyone to express anyway against anyone and/or for anything they want to, than why the Penal Codes of Europe, Canada & USA even have laws against “defamation of character; libel and slander etcetera? But the issue is bigger than this simple question. This so-called freedom is claimed as only right of the West, whereas others are not given the same right and/or courtesy. The reason is obvious that Christian West has been attacking Muslims, Islaam, Qur’aan and/or Prophet of Islaam on the basis of what they believe. Christians have been using their religious beliefs and/or so-called freedom of speech as a pretext to exercise the superiority that they feel they have over everyone else who doesn't practice the same religion that they do.

 

Freedom of speech contains same general restrictions, which apply, to other rights and liberties. The most important to these is avoiding harm to others; therefore freedom of speech must not be hurtful to others nor encroach on their rights or dignity. Similarly, it falls beyond the scope of the valid exercise of this freedom for it to be used as a means to promote chaos, violence or social strife. Furthermore, freedom of speech, like other liberties, is subservient to the 'essential interests' {masalih daruriyyah} and values which are needed to maintain a stable socio-political order. Therefore, the exercise of this freedom must not jeopardize the five essential values of LIFE, FAITH, INTELLECT, LINEAGE & PROPERTY. As a general rule, the underlying intention of an utterance, the purpose that motivates it, plays a significant role in determining its legality.

 

Under that Islaamic Shariah, violations of freedom of speech occur either in the form of particular offenses- such as slanderous accusations (Qadhf), blasphemy, sedition (Fitnah), insult (Sabb), and cursing (La'n), attribution of lies or calumny (Iftira), and the labeling of others as disbelievers (Takfir)- or they may take the form of a contempt for, or a denial of, the accepted norms and principles of Islaam, which may fall under the general heading of infidelity or disbelief (Kufr), and heresy (Bid'ah). Some of these are criminal offenses and carry specific penalties, whereas others are not so well defined and tend to evoke moral condemnation only. Muslims must examine each of these violations in the light of evidence found in the valid sources and the juristic formulations of the fuqaha.

 

This incident has also produced a number of Ahmad Chalabis and Homer Simpsons' among Muslims, who have been quick to spin the issue in favor of their masters with some strange rulings and off target teachings, claiming it to be Islaamic rulings/teachings of the issue in question. The irony of these Ahmad Chalabis’ and Homer Simpsons’ among Muslims is that they have no religious education, no resume and no qualifications whatsoever to offer opinions. But they have successfully crept into Muslims lives through different channels and have passed themselves as scholars.

 

One such so-called self-appointed scholar has responded to a question in the following fashion on a renowned Islaamic website.

Question


Assalamu 'alaikum, Dr. -------. How does a true believer respond to insults?

Answer


Wa'alykum assalamu rahmatullah.

We find the answer clearly stated in the Qur'an when Allah SWT talks about those who would control their anger and even goes further to recommend forgiveness. The verse goes as follows: "Those who spend (freely), whether in prosperity, or in adversity; who restrain anger, and forgive (all) people; for Allah loves those who do good." (Ali-'Imran: 134)

The Qur'an also teaches us: " Hold to forgiveness; command what is right; but turn away from the ignorant." (Al-'Araf: 199)

Therefore, a Muslim is not supposed to respond to an insult by another insult, especially in the area of religion because what others may insult is dearer and more important to us than anything else.

 

The problem with above answer is that it is derived from off target Ayaat of the Glorious Qur’aan, stretching and spinning them to fit the agenda of our self-appointed scholar.

 

An elementary student of Islaamic/Qur’aanic studies knows that Ayaat 121-200 of Surah Al-Imraan are the final and fourth discourse revealed after the battle of Uhud, reviewing the battle to bring home to the Believers that they should cleanse themselves of all impurities that had weakened their hearts; while in particular they should avoid the greed for hoarding wealth. It was their weakness for wealth, which had led the archers to leave their posts that turned Muslims’ victory into defeat in the battle of Uhud.

 

Since the practice of Usury was an attractive means of increasing one’s wealth at that time, Qur’aan first deals with the evils of usury in Ayaat 3:130-131. Then in Ayaat 3:132-133, the Believers are exhorted to obey Allaah and His Messenger, and to vie with one another in seeking forgiveness from Allaah. In Ayaat 3:134-136 are stated characteristics of God-fearing people who would be rewarded with Paradise. The above account is supported with the following Hadeeth.

Narrated Al-Bara bin Azib: The Prophet appointed 'Abdullah bin Jubair as the commander of the infantry men (archers) who were fifty on the day (of the battle) of Uhud. He instructed them, "Stick to your place, and don't leave it even if you see birds snatching us, till I send for you; and if you see that we have defeated the infidels and made them flee, even then you should not leave your place till I send for you." Then the infidels were defeated. By Allah, I saw the women fleeing lifting up their clothes revealing their leg-bangles and their legs. So, the companions of 'Abdullah bin Jubair said, "The booty! O people, the booty! Your companions have become victorious, what are you waiting for now?" 'Abdullah bin Jubair said, "Have you forgotten what Allah's Apostle said to you?" They replied, "By Allah! We will go to the people (i.e. the enemy) and collect our share from the war booty." But when they went to them, they were forced to turn back defeated. At that time Allah's Apostle in their rear was calling them back. Only twelve men remained with the Prophet and the infidels martyred seventy men from us. On the day (of the battle) of Badr, the Prophet and his companions had caused the 'Pagans to lose 140 men, seventy of whom were captured and seventy were killed. Then Abu Sufyan asked thrice, "Is Muhammad present amongst these people?" The Prophet ordered his companions not to answer him. Then he asked thrice, "Is the son of Abu Quhafa present amongst these people?" He asked again thrice, "Is the son of Al-Khattab present amongst these people?" He then returned to his companions and said, "As for these (men), they have been killed." 'Umar could not control himself and said (to Abu Sufyan), "You told a lie, by Allah! O enemy of Allah! All those you have mentioned are alive, and the thing which will make you unhappy is still there." Abu Sufyan said, "Our victory today is a counterbalance to yours in the battle of Badr, and in war (the victory) is always undecided and is shared in turns by the belligerents, and you will find some of your (killed) men mutilated, but I did not urge my men to do so, yet I do not feel sorry for their deed" After that he started reciting cheerfully, "O Hubal, be high! (1) On that the Prophet said (to his companions), "Why don't you answer him back?" They said, "O Allah's Apostle What shall we say?" He said, "Say, Allah is Higher and more Sublime." (Then) Abu Sufyan said, "We have the (idol) Al Uzza, and you have no Uzza." The Prophet said (to his companions), "Why don't you answer him back?" They asked, "O Allah's Apostle! What shall we say?" He said, "Says Allah is our Helper and you have no helper."

 

Regarding the 2nd quote of Qur’aan 7:199 by this Pseudo-scholar, readers must know that in the Ayaat 7:198-206 Muslims are being told that the efforts of their enemies (of Islaam) are bound to fail, since the truth is not on their side. And Prophet of Allaah (Muhammad {SAW}) and the Believers were/are asked to exercise forbearance enjoin what is right and forbid what is wrong. And remember Allaah in the morning and evening, glorify Him and prostrate before Him. But our Pseudo-scholar has lifted the phrase off context and used it inappropriately by saying that I quote:

 

A Muslim is not supposed to respond to an insult by another insult, especially in the area of religion because what others may insult is dearer and more important to us than anything else.

 

What this Pseudo-scholar has concealed is the explicit Divine Decree found in the Ayaat 16:126 and 42:39-42,

 

وَإِنْ عَاقَبْتُمْ فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُم بِهِ وَلَئِن صَبَرْتُمْ لَهُوَ خَيْرٌ لِّلصَّابِرينَ  

(An-Nahl 126)

And if you punish (your enemy, O you believers in the Oneness of Allâh), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sâbirûn (the patient).

 

By saying وَإِنْ عَاقَبْتُمْ فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُم (And if you were to harm them in retaliation, harm them to the measure you were harmed). And if you opt for patience, it is definitely much better for those who are patient. Thus, the Believers are given the legal right that, it is permissible for them to retaliate against injustice done to them. But this is subject to condition that retaliation should not exceed the measure of injustice done. At the end of the Ayaah advice is given that though you have the right to retaliate, but patience is better.

 

Let us look at Glorious Qur’aan 42:39-42,

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