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Thursday, September 02, 2010 | 23 Ramadan 1431  

  Freedom of speech  
Blasphemy and the press
The Prophet Muhammad himself was often called a liar, yet he did nothing to his accusers or defamers. In the spirit of this response, it should be left up to the free market of discourse to choose what is censored and what is not.

Back in 2005, the Danish newspaper Jyllands-Posten published an article entitled "Muhammeds ansigt" ("The face of Muhammad"), referring to the Prophet Muhammad. Along with it, they published 12 cartoons, many of which depicted the Prophet Muhammad in a demeaning way. After many other newspapers, mainly European, reprinted these cartoons (along with ones in Muslim countries like Libya, Jordan, Yemen and Malaysia), protests were held around the world with some of them turning violent. Embassies were burned down and about 150 people were killed.

Why was there such an outrage against these cartoons? For Muslims, it is prohibited to draw or depict the Prophet Muhammad or any other Prophet - such as Jesus or Moses - for that matter. This is out of respect to the Prophets and to avoid idolatry. But it is not the first time the Prophet has been drawn. There are many books that have drawings of the Prophet, written by both Western and Muslim scholars. In fact, there is even a carving of the Prophet Muhammad sitting atop the United States Supreme Court in Washington, DC.

For many reasons, people in the Middle East and Muslim majority countries are not used to free and open speech and criticism of authority figures; especially not the beloved Prophet. So for a population who rarely reads criticism of their authority figures, the mere thought that someone had insulted their Prophet, combined with the frequent images of dead Muslims in Iraq, Afghanistan and Palestine, only added fuel to the fire – hence the resulting outrage.

In America, however, there is considerable emphasis on the freedom of speech outlined in the First Amendment to the United States Constitution. But in light of these events and similar ones, should the First Amendment ever be limited to exclude the freedom to insult religious beliefs, or to commit blasphemy (something still forbidden in many European countries)? Should these kinds of actions be made explicitly illegal?

The First Amendment is an all encompassing principle. Though it forbids the government from promoting or prohibiting the practice of religion, it also forbids the government from making laws that abridge the freedom of the press. It is no accident that these two clauses are contained within the same Amendment.

America is a great country because the government recognizes that its citizens have certain inalienable rights granted to them by their Creator - even if that leads to denial of said Creator. As such, there are a number of reasons why the press should be able to criticize, insult, curse religion and even to make blasphemous statements.

The first is that the courts and the government would be deciding what beliefs constitute a religion and what do not. How would they go about “approving” religions? And when they do approve a religion, would that mean that all other beliefs are open season for the press? Would there then be an approved list of religions every year? What would the criteria be? This power could be used by the majority to suppress unpopular beliefs held by minorities. How would they draw the line between criticism and insults? Should there be a line drawn?

Obviously there are many problems with the government defining what is “religion” and what is not. Meddling in religious affairs goes against the spirit of the first clause of the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. It can surely be argued that by recognizing a certain set of beliefs as a religion and different set of beliefs as not a religion, the government would be “respecting an establishment of religion.”

The second problem lies in determining what is blasphemous or insulting. Will the courts determine this on their own? Or will they look to religious scholars for blasphemy criteria? If it’s the former, what will they base their criteria on? Government and courts are not qualified to determine insulting material.

If it’s the latter, which religion will they follow? Different religions have different views on blasphemy. Something that may insult one group may not be insulting to another group. Even different sects of the same religion have different opinions on the same issue. For example, most Sunni Muslims reject any depiction of prophets, but some Shiite Muslims have no problem with respectful depictions of them. There will be no way to please everyone.

Obviously having the courts determine the criteria for blasphemy and then prosecuting people based on it, is unconstitutional. It becomes law that promotes religion, which is in direct conflict with the first clause of the First Amendment. Simply put, people have the right to say what ever they want.

Finally, and most importantly, people should have the right to question religious institutions. Not only should they be able to question religious institutions and scholars, but they should be able to insult and commit blasphemy, because after all that is what this country’s founding was based on. The Founding Fathers were considered heretics and spoke up against the Crown. The Pilgrims were ousted from England because their beliefs were different.

Censoring this type of speech puts a plug on the marketplace of ideas. It is this type of speech that makes broader discussions possible. Discussions on religion and violence should be allowed so that people can freely convey their thoughts.

Though I want to be able to say all sorts of blasphemous things, it is my refusal to make such statements that makes me a believer. I want to have the right to say God does not exist; however, having that right does not mean I will exercise it. I may not agree with what someone says, but I will surely defend their right to say it. Just because we have the right to do something does not mean we have to do it.

The Prophet Muhammad himself was often called a liar. Yet he did nothing to his accusers or defamers, replying only that “you have your beliefs and I have mine.” In the spirit of this response, it should be left up to the free market of discourse to choose what is censored and what is not.

Ammar Alo, a past president of the University of Toledo MSA, is a third year law student at Ave Maria School of Law, proud father of one girl, and a practicing Muslim.


33 COMMENTS ON THIS ARTICLE



This is indeed the type of thinking we are in need of. The absence of the controversial issues, the fear to be labeled as a "sell out", the ability to point out ignorance & falsehood, and the right to swim against the current, are the things that we need.


I almost gave up on muslims in america; i am starting to believe again, this is the first candle.
well done and thanks to altmuslim.com.


I agree with the author here. Although we may not always agree with what people say, we should support free speech of all kinds, because we are protecting our own rights to be able to speak our minds and say what we want to say as well. As they say "You cant have your cake and eat it too!" This is something Muslims living in the West must understand. Instead of complaining about other people excercising their rights (if dont agree with them), we should be also excerising our rights to defend Islam and Muslims in the mainstream media!

Peace

Irfan Rydhan
http://www.MediaAndIslam.com


I agree,
This is a very important issue.
We should stop trying to shut everyone up and listen to what they have to say. Then we should respond with what is correct. When you try to tell someone what they can and cannot say, they get defensive and hostile.

~Ammar


Like this article is saying we SHOULD respect peoples ideas and what they have to say on the world, but at the same time, it is IMPERATIVE that we as muslims be a UNITED FRONT and that have eveyone say the same thing on the same matter when it is brought up to that person!! Or else the person in front of you will not know whose misinformed about their culture and religion and who really knows the facts about how things are in the culture and religion. Also, people have to be intelligent to not put down other muslims and use their words wisely because in a sentence or two the person in front of them can change the whole meaning what they are trying to say and take it the wrong way, so, active full cooperation and full communication is IMPERATIVE also from both sides of the conversation, that way the person in front of you doesnt get the wrong idea and end up making their own "conclusions" and pass them on to people they might know and then its a never ending process of negative information, not to mention incorrect information also about the muslim culture and religion which might take years, if not decades to fix.


That last post was made by Mohamed Abushaban (forgot to sign it)


as much as we hate blasphemy, and as much as we were offended by the cartoons, what we are talking about here is the freedom to say what we want to and that is a right that we want to uphold and keep. why not respond with diplomacy and discussion rather than riots and burning down buildings and killing people? muslims need to step up and speak out and stop the idiotic violence!
this was a great article, and a great read! i totally agree with the author. good work!


I agree with the comments.
As a matter of fact, who would be the winner if the freedom of expression is given to people, Muslims of course. Just look at our countries, we are prevented from saying what we want. We should take advantage of this freedom and make the best out of it.
So if they want to make fun of Islam, then we say "lakum deenakum wa leya deen", you have your faith and we have ours, we will not and should not descend ourselves to their levels and curse them and burn our neighborhoods to express our love to the prophet.
The way we are acting, we are not harming anyone but ourselves and our reputation, remember the neighbor of the prophet that used to throw garabage infront of the prophets house?
Thanks,

Yassine
.(JavaScript must be enabled to view this email address)


early warning system of xenophobia

http://asmasociety.org/new/feisal_blog.html


I find that Muslims in the UK and the US who have positive goals choose to counter negativity in communities thousands of mile away instead of focusing on the positive work that needs to be carried out at home. Western Muslims find the sense and activities of community/Ummah almost unnecessary because they are "free" to practice their religion, and hence the obligations have lifted. This is the drawback of this argument. It claims to defend the Prophet SAW, yet leaves the clerics to do the work. It immediately loses credibility.

To say that our Prophet SAW did nothing is what alienates "moderate" pro-western Muslims from the nationalisms and "Islamist" ideals of anti-western Muslims. Indeed, he did NOT "do nothing". Our Prophet(SAW) also pardoned these people, carried on the important work of his divine mission, continued the development of the community, continued with the various wars, practiced the deen etc. To say he did nothing is an insult to his tradition and an insult to all the positive goals of Islam in the world.


test


Ghulam;
Thank you for your comment and taking time to read my thoughts.
However, I must disagree with what you said.

First of all, your comment about Muslims in the US not caring about their community and ummah is false indeed. It is based on a false premise that people like me sit behind a computer and type away. In fact, it is quite the opposite. Muslims in America are very involved in their local mosques and national organizations (like ISNA). We not only work for our Muslim communities, but we have the added responsibility to contribute and better our larger non-Muslim communities.

Secondly, when I said the Prophet SAW did "nothing", I meant he did nothing in retaliation to his insulters. I in no way even hinted that the Prophet SAW stopped preaching his message or his mission to bring Mercy to Mankind. In fact, by ignoring these petty insults, he only became a greater human being and an example for all to follow.

The Prophet Muhammad SAW was a great man because he was able to transcend typical human responses and taught us to act in a much superior manner.

Lastly, I don't understand your distinction between "pro-western" and "anti-western" Muslims. I don't believe there should be any such distinction. It should not matter where in the world you live, or what ethnicity you are. I am a "Muslim" where ever I am on earth.


i agree with your observations about muslims who come to america ghulam-

and it would not be possible to disagree more strongly with alomar-
not on a personal level- but where do you see muslims in america involved in their communities?

and especially ISNA is the worst of the worst

i volunteered for 16 hours a day 4 days for an ISNA convention one time and will never do it again.

having volunteered actively for over 33 years- ( i started at 14 and havent stopped)

i was appalled at the complacency, and real advantage taken of kindness over and over again. opportunism prevailed-

i have gone to every mosque ive belonged to and cleaned bathrooms by myself for years-

how many times have i had one offer of help?
never- how many times have i asked? with politeness and no expectation?
many many

at the last ISNA convention i attended- i got the list of charitable organizations from the front office-

there were 40 booths-

how many did ANY work in america?

none- not a one- every one was begging for money for overseas somewhere-

no one seems to remeber the words of the Prophet(pbuh), when he instructed his sahaba to do charity for their neighbors.

"who are our neighbors?", they asked.

"those who live 7 houses deep in every direction", was the answer.

where are the homeless advocates for homeless muslims?

none-

i took 2 women into my home (sent empty handed to me by the mosque) and contacted the million dollar budget "shelter for abused women"(the only one ive found in all of america) geared only to pakistani women- (was it called apna ghar? im not sure)

they had a paid staff of four-
guess how many women lived there?

none- of course

so, i tried for 3 weeks to get the pakistani lady in my home admission- many many many unreturned phone calls-
finally- when i DID get someone- i was told she could only come if brought by the police-

well, i wasnt abusing the woman, so the police had no reason to come.
also, how many women are willing to cut themselves off completely from their own society, and call the police on their husbands- betray their community and possibly endanger their own fragile immigrant status ?

when i questioned them on this policy- citing potential deterrants for women to utilize their program, i was met with silence.
when i asked how many women they had housed that year (it was summer)

guess what their answer was?

that's right-none.
but their glossy brochures touting their (future intended)accomplishments sure are pretty!
(they didnt even offer counseling to these women in my home- nothing- not even a reference to a food bank-what a sham

i was working at a REAL homeless shelter at that time, with over 350 women and children-
i dealt with the police all the time, and we accpeted walk ins all the time too.

i could actually write many many pages of real experiences , roadblocks, and frustrations encountered.

the same mosque(the largest in chicago) had a 4 bedroom home donated freeto it-
i asked the director if they would consider allowing me to turn it into a shelter-and would work for free- managing the place (no one could doubt my extensive experience and resume)

i was told they needed it for the money that would come from the rent-
the same mosque that i sat on the board with, and took 200,000 dollars from the ZAKAT fund and directed it to pay for tuition for the expensive school of doctor's children in the suburbs, while the kids in the moque(mahgreb children of taxi-drivers) didnt even have one single computer or book or room or any source of any kind- and they all lived in the neighborhood!!!!

dont get me started- this subject totally disgusts me.

so alomar- tell me-
what exactly is it that ISNA does?

dont depend on reading the pretty brochures, when one digs down- one discovers a paucity of actual action of any form.

i have seen no evidence of this work-

and not only have i been actively searching, i have been just doing it myself- and still i have never had one volunteer-

just many many 'committees" where people come and talk and talk, make themsleves feel better- and mostly brainstorm about how to make themselves look better through PR efforts-

signed, a very disappointed and frustrated woman who has searched in vain for those who are 'working for our community', let alone the non muslim community.

if you want to actually do something- seek out SANAD- in chicago-
fatima has been running the place for 19 years, naturally without a penny from any muslim charities.

and if you imagine that these stories are concentrated in one area- my experiences span the entire country- and with many many many more stories to tell-

actually- its been enough to make me question my decision to beocme muslim 9 years ago-

but i didnt become muslim fo rthe sake of people but for the sake of my own soul and ALLAH-


alomar- i would seriously love to be proven wrong-
im in new york now- and if you are aware of any real and actual work being done to help the poor, or provide tangible help for muslims- id be thrilled-

please- no pseudobeaurocracies with lists of foodbanks or some such nonsense- anyone in america can dial 311 and get that-

but if you know real elbow grease down and dirty out there people doing starting something of value in the new york area- give me a great thrill and let me know-


Yep, there ya go, Alomar. You had to press THE WRONG BUTTON. Now look what that got you.


Mrs.A:

If you recall I said:
"Muslims in America are very involved in their local mosques and national organizations (like ISNA). We not only work for our Muslim communities, but we have the added responsibility to contribute and better our larger non-Muslim communities."

You are a perfect example of what America Muslims are, the ones that, despite all the red tape and unwillingness of people to help, still go out and do what they can to help those in need, whether Muslim or not.

I applaud you in your work and tell you to keep on, because you following the Prophet's example and helping your neighbors.

Hajibaba:
I see what your saying, and I want this conversation to stick to the topic. Next time I won't say that four letter word (ISNA). GAsp


I can appreciate the sentiment. People are obviously doing something because things are so obviously happening. But what I'm finding hard to swallow is the missing Middle/Moderate path that is so quintessential to our Prophet(SAW) teachings. I know what you meant in regards to the slanders.

To be clear, the missing issue here is that Muslims are defining their positions in terms of dual politics so present in the US and the UK. You are either left wing or right wing etc. The truth is somewhere in the middle and Muslims should actively find that middle (I mean express the issue in a truthful and balanced way and not fence sit). That is our credo no matter what...right?

If our Prophet SAW is so actively insulted in the society, the balanced reaction would be to actively promote him and present the facts of his teachings and auster lifestyle. Not to scold Muslims but rather carry on the work of espousing truth and countering falsehood and equipping Muslims with those tools.

And yes, ISNA is a good foundation. But it seems that Muslims are so divided within themselves that ISNA is a PR body for an ambivalent community. Of course .. its beginning to feel like an ambivalent Ummah even more.

Don't be reactionary. Point taken. Its just so easy though.


Ghulam:
I agree, we must promote the Prophet Muhammad and counter the negative attacks against him and our religion. Talking about the Prophet and introducing our neighbors to him is the only way to do it.

However, we must also point out what is wrong and say that it is wrong in a very loud voice so that everyone could hear us, Muslims and non-Muslims alike. And if that means telling some Muslims they are wrong and should not do what they are doing, then be it.

Let us act like the one we are claiming to defend!


if im the perfect example muslims in the west, we are in deep trouble as ive given up on finding any other muslims who are doing any grass roots work and have had to go to the christian organizations for the last couple of years to even do volunteer work of any impact.

that homeless shelter that i worked at with 350 ladies and children was run by christians.

i attended yet another ISNA convention while working there, eager to offer my services to a muslims org.(volunteer, of course)

there just wasn't any to work for.

i had some dim hope a contact of some sort would be offered-
if there are so many muslims doing so much- that would seem like the easiest of requests to fill.

flattery is NOT what i want.

any of you want to defend islam and speak in a loud voice that will reach many americans- go to the OnFaith blog by Washington Post.

most of the muslims have left there too-

i post as victoria there, and any backup- even if its typing a few words- would be greatly appreciated.


i dont need or want to be 'applauded'

just some action instead of words


show up and define islam from an islamic perspective-

my job requires me to be at my computer 8 hours a day, but i also have the luxury of some extended free time too-

i can come in here and critique muslims because , well- sometimes people need to be shaken out of their complacency-

but WAPO is as mainstream as one can get- and reaches millions-

if typing is what youre good at- use that skill to communicate with many who want to understand, but just don't see it presented.

the biggest complaint people have (besides the old chestnuts of apostasty, honor killings and other stereotypes) is that there are no muslims speaking out.

check out eboo patel's blog, and hope to see some of you there



http://newsweek.washingtonpost.com/onfaith/
peace


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