The Areas of Freedom of Thought and Expression between the Religious Legislation and the Humanitarian Law

Hussein Rahi al-No’mani

Ameer Watani

Mehdi Khaqani Isfahani

Abstract

The article discusses an important topic related to the subject of freedom in the human and the religious thought, through studying the limits of one of the most important items of the concept of freedom, that is the freedom of expression as one of the basic freedoms established for man. Human law and religious law perform two basic functions concerning the freedom of expression; the first is to secure this freedom against the actions that harm it, and this is done by considering any form of aggression against this kind of freedom as a crime. And the second is to prevent individuals from violating the permitted and lawful limits of exercising the freedom of expression. In fact, the violation of the freedom of expression leads to criminal responsibility. And through human and religious law, a balance is achieved between the interest of individuals and the interest of society, for the protection of man and society constitute the purpose of any legal legislation. At the same time, it preserves society and keeps it safe and secure. So, this article tries to establish the areas and limits of the freedom of expression and put it in its proper context. Through the study, it has become clear to us that both the humanitarian law and the Islamic law agree on protecting the freedom of expression.

Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)