Recently disturbances erupted throughout Muslim world against the film "Innocence of Muslims" deliberately made to hurt the religious feelings of Muslims. American President Obama refused to ban it or take any action against its makers citing the American law on freedom of religion. Obama, as long as this law exists in the American law book, cannot take any action against the producers. And also it is election time in America and opponents of Obama, any slight mistake on his part, can exploit it to reduce chances of re-election.
This should be understood and appreciated. However, it is what it is. The viole3nce against Americans has to be strongly condemned which we have done in another article. However, it has given rise to an important question: can such right be absolute as American law makes it. Should it have any limits or not? According to this law there is no limit and religious s3entiments do not count. Even outright willful blasphemy cannot be barred or punished.
This should be understood and appreciated. However, it is what it is. The viole3nce against Americans has to be strongly condemned which we have done in another article. However, it has given rise to an important question: can such right be absolute as American law makes it. Should it have any limits or not? According to this law there is no limit and religious s3entiments do not count. Even outright willful blasphemy cannot be barred or punished.
Sample this. In Newyork suburban train station a poster was put up which said, "In any war between the civilized man and savage, support the civilized man. Support Israel, defeat jihad" The concerned court also upheld the add as permissible according to the American law. Rick Jacob, a Jewish scholar commented on this add "what is the message of this ad, directed at the multitude of subway riders of countless faiths and ethnicities?" Rick then continues, " By using the term 'jihad' in the context of war against savages, the ad paints Islam as inherently violent, evil and bent on overthrowing the western democracies their key ally in the Middle East , Israel."
This add clearly implicates all Muslims as wagers of jihad in the sense of war though hardly a handful of extremists indulge in this and millions of other Muslims take jihad as spiritual struggle against selfish desires, greed and lust for power. But it is quite legitimate according to American law and an Arab girl who sprayed paint on it was arrested as an offender. In fact we have to understand why such law was made by American rulers.
Those who came to America after its discovery were mostly persecuted Protestants from all over Europe. The Catholic Church was persecuting them for defying Church authority. They did not want its repeat in America and hence they wanted a law which allowed them absolute freedom from all such persecution in the name of religion. And hence this law was made. There is another factor which is also to be taken into account to understand this American law.
At the time when this law was made American had mostly protestant Christians and no other religious groups had yet migrated to America. In their eyes this law was not only justified but greatly needed so that no one used religion for persecution of others. Had there been plurality of religions as it happens to be today, such law perhaps would not have been enacted. This law gives full freedom to any individual to defy, to blaspheme or to ridicule ones own or others religion.
First we must understand what is meaning of 'freedom of religion'? Religion is a system of belief and belief is rooted in ones conscience and in any democracy, or even non-democratic system freedom of conscience is very important freedom which cannot be tempered with. Qur'an also greatly respects this freedom of conscience when it says, "There is no compulsion in religion…" (2:256). However, this right to freedom of conscience or religion can certainly allow a serious critique of certain religion-cultural practices if it is not with an intention to ridicule or attack with motives other than philosophical.
However, this freedom cannot allow ridiculing or attacking other religious belief systems just to humiliate ones opponent by a powerful majority or minority. So in all multi-religious and multi-cultural societies this law is qualified by other laws not to offend others religious feelings. If law on freedom of religion is not so qualified it may lead to serious law and order situation in multi-religious societies..It also needs to be seen in political context as to which religious group ort part thereof wants to misuse this freedom to attack religious beliefs or practices of other religious groups for political purposes.
Same situation had arisen when Salman Rushdie published his novel The Satanic Verses and the West defended it in the name of human rights. This publication also had led to violent demonstrations in the Muslim World and threat to Rushdie's life. In multi-religious societies and with political power struggle between different religious communities such laws have to be duly qualified though other laws. But such laws should not curb genuine freedom of expression and that is always for the courts to decide.
Thus it is very delicate matter not to be taken lightly on either side. The law on freedom of religion has to be quite balanced one. While it should allow genuine freedom of belief it should not be made absolute so as to enable certain mischievous groups to attack others genuine beliefs. The situation in America has now greatly changed. It is no longer uni-religious or uni-cultural society, nor it has parties contesting for power without motives other than national or people's welfare. International rivalries very much reflect in national parties and religious groups. Earlier America modifies its law better it is for it.
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