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Tuesday, December 14, 2010

blogger's rights and responsibilities - chap 2 / part 2

Related posts:

- Introduction - chap 1 part 1
- Introduction (cont.)- chap 1 part 2
- Blogger's Rights and Responsibilities under Syariah- chap 2 part 1

...........2.2 Rights of Blogger under Syariah

The rights of human being as mentioned by Islam are not based on the individual social status, gender, races or places[1]. There are debates on the definition of human rights. As a result, the human right is whatever based on several concepts as “justice”, “morality” and “dignity”[2]. Everybody’s have the similar rights whether they are Muslim or non-Muslim[3]. Some of rights of human as guided by Syariah which applicable to blogger are right to speech, right to express evident, right to self-defend and right of ownership.

2.2.1 Right to Speech

The right of freedom in Islam includes self-freedom, free to choose religion, free to think, free to speech, practice, work and others[4]. Status of writing in Islam is considered as the spoken words[5]. However, these rights of freedom should not contradict with Syariah; what is allowed and what is forbidden should be followed[6]. There are the limitation and border on it. Not all topics or matters can be speech generously[7].

Allah said: “O Men! Truly We have created you from male and female, and made you into nations and tribes that you might get to know (and be kind) one another. The noblest of you in the sight of Allah is the one most deeply conscious of Him among you (not in accordance with the nobility of lineage or ethnicity). Truly Allah is Most Knowing, Most Aware (of your states and deeds)”. (Al-Quran. Al-Hujurat 49:13)[8].

Islam promotes social guidelines which fulfill the basic need of human being. The most important guideline is the equality among people. Nobody may claim that he or she is better than others because of his or her seed. The Prophet said in his last sermon or khutbah, every human is equal to each other. Thus their honor, dignity, rights on the fair and justice has no differences[9].

The right to speech to give opinion and view also should be not contradicted with Syara’. It also should not harass life of other people. If the opinion or view break the hukm Syara’, there is no more freedom on it. In addition, such opinion may damage the authority and Muslim society. Means, this right bound with the philosophy of county, political system and the laws[10].

In this case, bloggers can claim that they have their right to write, to express their opinion on their blog and to publish it as the differences of opinions are allowed by Islam, unless it may destroy Muslim relationship[11]. Bloggers statement and writing cannot contradict to Syara’, as well law of countries.

2.2.2 Right to Express Evidence

Everyone has the right to uphold the truth, which include under the right to express the evident. The actual facts and the truth must be disclosed in order to produce the right, good and fair judgment[12]. An allegation may dismiss by the evident.

Islam promoted its believers to be honest in every judgment and never be bias to others. Even toward their family and friends, the truth facts need to disclose. Every particular person has the right of express the evident and the truth in order to ensure the right information disseminate to all people[13].

Allah said: “O believers! Be ever steadfast in upholding justice, bearing witness to the truth for the sake of Allah, even though it be against yourselves, your parents, or your kinsmen. Whether he (the accused) be rich or poor (do not let it stop you from saying truth), for Allah can best protect the wellbeing of both. Therefore, do not be led by passion, lest you should swerve from the truth. If you distort your testimony or decline (from being witnesses), know that Allah is Well-Acquainted with all that you do”. (Al-Quran. An-Nisa 4:135).

The right of express evident is not a new subject. It has been used by Greece people as a guide and clue in certain areas[14]. Although there are areas and matters reflect on controversy and bloggers not allowed to discuss about it, it does not means that bloggers cannot tell the exact facts to people.

The Malaysian Former Prime Minister Dr. Mahathir Mohamad said, “What I like most about blog is that it is not censored or modified by anyone. What I write appears totally on the website. Even when I was the Prime Minister I was never satisfied with the reports on my speeches and what I said as press conferences[15]”.

Bloggers seem to play the role of a journalist. Blog usually be a port or medium to responds on what have been said on the public media. Some of information on public media not has trust in it. They may put a spin in their reports so as to give them quite a different meaning or impact. The result is that what comes out is what they essentially want to say[16]. That is why bloggers blogs.

2.2.3 Right to Self-Defend

In the judgment process, the justice cannot be build without the evident which may support the case[17]. In Islam, who bring an evident into the judgment process is called as a witness. By the action, they are confessing their obedient to Allah[18]. If someone suspected commit an offence, the authorities must give he or she an opportunity to defend his or herself. It is important with the purpose of protect themselves from any penalization.

Allah said: “O believers! Be dutiful to Allah, bearing witness to the truth in all equity. Do not allow your hatred for other men lead you into sin deviating from justice. Deal justly (with all people), for justice is closest to God-consciousness. And remain conscious of Allah, for truly Allah is Ever Aware of all that you do”. (Al-Quran. Al-Maidah 5:8).

In Islam, a penalization is forbidden if one of the parties involved in the case not bring their own evident, witness or even defending themselves[19]. The Authorities must listen to all parties involved in a particular case included their witnesses in the judgment in order to judge in justice and fairness.

The fairness in Islam is beyond the individual interest, family, group or others. It is including the fairness toward enemies and non-Muslim, both have the right of fairness in Islam. This fairness is related to the equality, which said everyone have the same right, freedom and responsibility in the law[20].

If a blogger arrested because he or she believed had commit any crime, defame others or whatsoever, they have the right to defend themselves from the allegation. A proper time and opportunity to self-defend should be given to them before the penalization sentenced. Even the blogger is belonging to any particular group, he or she entitled to uphold the justice.

2.2.4 Right of Ownership

Other than the freedom and rights discussed above, there are another right which may relevant to bloggers. Islam recognizes the rights of each individual property. The legal ownership is allowed and the illegal ownership is prohibited in whatever circumstances[21]. Hijacking of others properties and rights called as illegal ownership; stealing[22].

Currently, people usually use blogs or websites to write their ideas. The sciences and technologies is actually one of Muslim’s intellectual properties[23]. Being professional blogger Muslim is not an odd thing, but it is requested. Muslim suggested being expert on multimedia and producing expertise on such area[24]. The copyright is recognized in Islam because it also a type of intellectual property. Hence, bloggers’ writing are protected.

Allah said: “Do not eat up your property among yourselves by unjust means, nor use it as bait for the judges in order that you may knowingly (and wrongfully) commit sin by eating up a part of other people’s property”. (Al-Quran. Al-Baqarah: 2: 188).

No one may take another one’s property or rights unless the owner allowed it. Here, article, poetry and another type of writings can be claim as right of individual and include in the term of properties. Islam recognized the right of ownership as mentioned above.

Bloggers have right to protect and claim their writing. If someone copy other writing with claiming as his or her own, the owner may claim it by bringing the valid evident. And it is vice versa, no one can copy others entries without the owner’s permissible.


Author:
Nur Fatimah Zaharah binti Ahmad. 2010. Rights and Responsibilities of Blogger under Syariah and Malaysian Law. (Thesis). USIM. Page 15-20.


Note:
Responsibilities of Blogger under Syariah will be on the next post.


[1] Abdul Monir Yaacob. 1986. Hak Asasi Manusia Menurut Islam: Sejarah dan Konsepnya. P 46.

[2] Ryszard Piotrowicz & Stuart Kaye. 2000. Human Rights in International and Australian Law. Australia: Butterworths. P 3.

[3] Abdul Monir Yaacob. 1986. Hak Asasi Manusia Menurut Islam: Sejarah dan Konsepnya. P 46.

[4] Abdul Halim El-Muhammady. “Ciri-Ciri Kenegaraan menurut Perspektif Syarak”. Abdul Monir Yaacob & Sarina Othman (ed). 2000. Tinjauan kepada Perundangan Islam. Kuala Lumpur, Malaysia: IKIM. P 19.

[5] Mahmud Saedon Awang Othman. “Undang-Undang Keterangan Mahmakah Syariah: Satu Analisis”. Abdul Monir Yaacob & Sarina Othman (ed). 2000. Tinjauan kepada Perundangan Islam. Kuala Lumpur, Malaysia: IKIM. P 140.

[6] Abdul Monir Yaacob. 1986. P 64.

[7] Ismail bin Haji Hashim. 27th May 2010. “Hak Bersuara Ada Sempadan”. Institut Kefahaman Islam Malaysia. http://www.ikim.gov.my.

[8] All Quranic (English) translations in this writing are based on Sheikh Abdullah Basmeih. 2006. Tafsir Ar-Rahman (Interpretation of the meaning of the Quran). Malaysia: Department of Islamic Development Malaysia. Translations from other sources will be cited accordingly.

[9] Syed Ibrahim Syed Noh. 2007. “Kata-Kata Aluan: Menuju Keadilan Sosial dalam Islam”. Jurnal SAKSI. Disember 2007. Malaysia: Institut Kajian dan Pembangunan Siyasah Syar’iyyah & Keadilan Sosial (INSAN). J 1. No. 1. P vii.

[10] Abdul Halim El-Muhammady. “Ciri-Ciri Kenegaraan menurut Perspektif Syarak”. P 19.

[11] Abdul Monir Yaacob. 1986. P 64-65.

[12] Mahmud Saedon Awang Othman. “Undang-Undang Keterangan Mahmakah Syariah: Satu Analisis”. P 122.

[13] ibid. P 120.

[14] Hairuddin bin Megat Latiff. [1992] 1 CLJ xxxv.

[15] Mahathir Mohamad. 2008. Chedet.Com: Blogging to Unblock. Kuala Lumpur, Malaysia: Berita Publishing Sdn. Bhd. P vii.

[16] ibid. P vii.

[17] Mahmud Saedon Awang Othman. P 119.

[18] ibid. P 120.

[19] Hairuddin bin Megat Latiff. [1992] 1 CLJ xxxv.

[20] Abd. Halim El Muhammady. 15th October 2010. “Konsep Negara Islam”. Jabatan Kemajuan Islam Malaysia (JAKIM). http://www.islam.gov.my.

[21] Muhammad Syarif. 19th Aug 2010. “Hak Asasi Manusia dalam Islam”. Dari Sudut Aceh Hingga ke Mata Dunia. http://idrisalabdya.wordpress.com.

[22] Mahmud Saedon Awang Othman. “Nizam Uqubah Dalam Islam dan Perlaksanaannya di Malaysia”. Abdul Monir Yaacob & Sarina Othman (ed). 2000. Tinjauan kepada Perundangan Islam. Kuala Lumpur, Malaysia: IKIM. P 153.

[23] n.a. 2007. 15th October 2010. “Teks Khutbah Jumaat: Penguasaan Sains dan teknologi Suatu Kefarduan”. Jabatan Kemajuan Islam Malaysia (JAKIM). http://www.islam.gov.my.

[24] Ismail Haji Ibrahim. 1999. “Perlunya Umat Islam mahir Multimedia”. Isu-Isu Semasa dari Perspektif Islam. Kuala Lumpur: Institut Kefahaman Islam Malaysia. P 331-332.


5 comments:

new hope said...

The right of freedom in Islam includes self-freedom, free to choose religion,

Tahun lepas seorang lelaki yang baru memeluk Islam telah diarahkan leh mahkamah memulangkan anak2nya kepada ibunya (bukan Islam).

Malangnya, suami itu dan anak-anaknya tidak dijumpai. Polis di bawah telunjuk ameno juga tidak mencari suami itu dan anaknya.

pakatan rakyat mengambil inisiatif melekatkan poster merayu suami itu memulangkan anak2 itu kepada ibunya.

tapi kes itu disembunyikan ameno dan medianya sampai sekarang.

adakah ameno menjamin kebebasan beragama? jgn harap!

puteri said...

new hope -->>

federal constitution itu sendiri seolah2 'menjaga' pihak tertentu.

free to choose religion, however it's limit if from Islam to others,.. but it is vice versa if from non-muslim willing to embrace Islam, it's allowed.

Cikli said...

salam sis,
hantar satu copy kat rais yatim.

nak tunjuk fair dan terbuka ada caranya. bukan main 'equal' dalam semua hal.

puteri said...

cikli -->>

w'salam,
boleh3..
tapi dia baca ke tak agak2 ye?
huu

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