Blasphemy and hate speech: Clarifications of international human rights law standards

This chapter addresses the human right of freedom of expression in the Islamic realm. Noting that Article 22 of the Cairo Declaration on Human Rights in Islam contains the right of everyone to freely express his opinion, but only ‘in such a manner that would not be contrary to the principles of the Sharia’, the chapter analyses more in detail what the Islamic Sharia says about the freedom of expression. It shows that several concepts contained in the Islamic Sharia have been used by Islamic scholars to support the freedom of expression, such as the doctrine of hisbah, shura, or the acceptance of pluralism. However, the diversity of possible interpretations of the Islamic Sharia does not allow for unequivocal answers. The chapter therefore also looks at the practice of Islamic States and the newly established Independent Permanent Human Rights Commission (iphrc) of the Organization of Islamic Cooperation (oic). It analyses which oic member States have ratified un human rights treaties and provides an overview on the reservations. The picture is heterogeneous and not necessarily representative for the respect of the freedom of expression in practice, as is shown using the examples of Mohammad Taha and Salman Rushdie.