نشریه پاسخ
پیاپی 21 (بهار 1400)

Freedom of expression is one of the most important institutions in international law and current world political custom. One of the serious and sensitive challenges of Islam and the West in recent decades is the insult to Islamic symbols and sanctities in the Western press and public opinion, as well as the defense of Western governments against these actions, citing the Freedom of Expression Foundation. The main questions are; what does freedom of expression basically mean? What are its bases in international law? Are there exceptions to freedom of expression? According to the contents of the Qur'an and the Sunnah of the Innocents (peace be upon them), what is the position of Islamic jurisprudence regarding freedom of expression? On what basis and values can the Inadmissibility and prohibition of insults to sacred things against religions be explained? Although freedom of expression is often subject to all kinds of censorship and punishment by governments, the titles of harm or persecution of others and religious hatred are among its exceptions in international law. In general, Islamic jurisprudence has accepted freedom of expression, but with reference to interreligious and other reasons, considers its scope as more limited.

Basically, insulting and slandering is not desirable for Quranic teachings and is also contrary to the Islamic cultural method. Some have insulted the claim of permissibility by using the likeness of infidels to animals in the Qur'an. In the leading article, the main question is: "What is the justification for insulting others in the form of similes and allegories in the Qur'an?" This descriptive-analytical study, based on library sources, has shown that the Qur'an's method of telling the truth is that it uses allegory to bring minds closer to the divine messages and does not seek to insult anyone. In fact, the analogy of infidels and hypocrites with animals in the Qur'an is to awaken the dormant nature of the opposition. It also seeks to liken the behavior of infidels to the behavior of animals and never seeks to humiliate the nature of human creation. In addition, such similes have been used to illustrate stubborn people. Using a resemblance between an infidel and an animal is a way to impress the audience.

The Holy Prophet (PBUH) was the perfect manifestation of mercy, compassion and kindness; in such a way that in a short period of time, among ignorant people and lacking any scientific and civilizational superiority, he trained human beings who had excellent characteristics of self-sacrifice, wise and other values. A group of them reached the heights of humanity and reached school and enlightenment in humanization. The Messenger of God (PBUH) was famous for his trust and compassion in his mission and before that. After his mission, he had criteria in dealing with others, even enemies, which were all based on divine laws and revelation. In most cases, the pardon of the Prophet (pbuh) was beyond the law, but his enemies, contrary to the kindness of the Prophet (pbuh), did not give up torture, war and terror in order to destroy him. Behavioral decisiveness, along with forgiveness, is one of the principles and criteria for maintaining law and order in any society, without which there will be no guarantee for the preservation and survival of societies. It is therefore necessary to establish deterrent laws against militant and conspiratorial enemies. Conspiracies and disturbers of order and security and those who insult the sacred (including the Messenger of God- pbuh- and other religious leaders) should be dealt with decisively and preventively.

In the history of the Abrahamic religions as well as in the Holy Scriptures, there are numerous statements and allusions to condemnation blasphemy. In the Old Testament, there are many hints and warnings of disrespect to “Yahweh”. In the New Testament and the Christian tradition, the insult to "Jesus Christ", "Holy Spirit" and “Holy Mary" as the Mother of God has been considered more than other concepts. In Islam, the field of sanctities is more comprehensive than the other two religions, and contrary to the exclusive view of the other two religions, insulting the sanctities of other religions is also a crime and punishable. The same approach exists in the Islamic legal system. Islamic countries and the divine sanctities of other religions are also respected. Whereas in the common law system, as the forerunner of Western legal systems, only insulting the sanctities of the Christian religion has been criminalized. Of course, the same consideration has been canceled in most Western countries, including the United Kingdom, the United States, Scotland, and so on. This study has evaluated this issue in the Holy Scriptures and the biographies of the three religions of Judaism, Christianity and Islam by means of content analysis.

Blasphemy against Islam by the enemies of Islam has always been used throughout history as one of the tactics against Islam. In the present era, after the victory of the Islamic Revolution of Iran and the revival of pure Muhammadan Islam (PBUH), we are witnessing a wide wave of insults to Islamic sanctities in Western countries, accompanied by the support of politicians. In analyzing the reasons for such actions, enmity and hatred towards Islam, preventing the growing tendency towards Islam, desecration, passivity of Islamic countries, distraction of the minds of the Islamic Ummah from their plans for the Middle East and completion of the antiIslamic project may be considered. It seems that the main factor is the growing spread of Islam and the helplessness of the West in controlling it. Muslims and Islamic countries, in the face of this cruel approach, must introduce and portray the true face of Islam while maintaining and strengthening unity in the defense of the sacred, avoiding confrontation with other religions and its legal demands.

The insulting the Prophet (PBUH) is one of the crimes in Islamic criminal law. Some believe that in the punishment of insulting the Prophet (PBUH) there is no correlation between the act of the offender and the punishment prescribed in the Shari'a (for example, between insulting speech and execution). The principle of proportionality of crime and punishment, although it is an inalienable principle in all penal systems, but its meaning is completely relative and different. However, it does not mean that all criteria are correct, and this is a fundamental question. The criterion of the principle of proportionality of crime and punishment is tied to the value system of the politico- legal systems. So, by examining the nature of the crime of insulting the Prophet (PBUH) in the Islamic value system, we seek to measure the proportion between criminal behavior and punishment. According to the value system of Islam, the proportionality of crime and punishment is studied by examining the severity of criminal behavior. It is also studied that the probative conditions and special sentences of certain crimes will prevent the emergence of criminal instrumentalism and judicial injustice.