Abstract
This article develops the concept of fitnah and its bearing on freedomof expression. It puts together information from the unconsolidated sourcematerials of the Shari'ah in a manner reflecting the interest and style ofa modem student of comparative law. It also develops the theme thatmodem interpretations of seditious speech and conduct have done muchto restrict the scope and substance of the freedom of expression. TheShati'ah tends to advocate the opposite, as it confines the scope of testrictionsto measures necessary to repel an imminent danger to nomdotder in society. The individual's freedom to investigate facts and ideasand to formulate and express an opinion ate integral to Islam's approachto the dignity of the individual and the quest for ascertaining the truth.What Is Fitnah?Dictionaries give various meanings for3tnah: temptation, trial, misguidance,enticement, fascination, commotion, sedition, confusion, affliction,torture, and strife (Majma' a1 Lughah a1 'Ambiyah 1405/1958; alZawi n.d.; Wajdi 1971; Cowan 1976; Hughes n.d.; Khan 1979). Thisplmlity of meaning might have contributed to a certain ambiguity notedin the term's juridical meaning. Fitnah and its derivatives feature prominentlyin the Qur'an, being found in no less than sixty places. In thechapter "Kitab al Fitan," Sahih al Bukhari records eighty-six hadiths.Thus, as might be expected, the word appears in both the Qut'an and thehadith in several contexts and denotes meanings that converge andoverlab ...
Published Version
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