Restrictions on freedom of speech and expression- a comparative study of both Islamic law & constitutional law

Abstract

The freedom of speech and expression is considered a basic right to express one’s opinions, feelings, and thoughts without interference, hindrance and control. This study attempts to compare the limitation on the freedom of speech and expression under the Sri Lankan constitutional Law and Islamic law. This qualitative study prepared based on primary and secondary data such as al-quran, hadeedh, legislation, Case Studies, books, research articles and internet resources. The collected data were analyzed using descriptive and comparative methods. According to the results, Article 15 (2), (7) of Sri Lankan constitution of 1978 refers to the limitation on freedom of speech and expression and Article 15 (1)(2) imposes some restrictions on freedom of speech such as Ethnical religious harmony, parliamentary privilege, contempt of court, defamation, instigating crimes and public moral as like Islamic law restricts any kind of speech and expression that violates basic human rights. Most of the limitations on freedom of speech assured by the constitution match with Islamic legal views. However, the Islamic shariah is more concerned the production of life, equality, justice, public welfare, propagation of evils and securing human dignity with various moral and legal bindings than the Sri Lankan constitution Rules. This study supports to dissolve the bad intention about Islam and to strengthen the opinion of freedom of speech and expression among public. This study also presents some recommendations for future researches regarding the position of freedom of speech in other religion.