Characteristics of Hate Speech and Freedom of Expression in the Perspective of Maq─üß╣úid Al-Shar─½ÔÇÖah

Abstract

This article discusses the model of freedom of speech that is prohibited and categorized as hate speech using the maq─üß╣úid al-shar─½ÔÇÖah approach. The prohibition and sanctioning of hate speech has been a dilemma. On the one hand, it prevents someone from hurting other peopleÔÇÖs feelings. On the other hand, it violates freedom of speech. This research is a literature study in which the data were obtained from the texts of the QurÔÇÖan. Through normative-empirical and maq─üß╣úid al-shar─½ÔÇÖah approaches, this study reveals that freedom of speech is part of human rights, which in the maq─üß╣úid al-shar─½ÔÇÖah perspective can be categorized as protection of freedom of thought (ß©Ñifß║ô al-ÔÇÖaql). However, when freedom of speech is not controlled, it can potentially become hate speech that can threaten another maq─üß╣úid al-shar─½ÔÇÖah, namely the protection of the soul (ß©Ñifß║ô al-nafs). The identification and categorization of an action as hate speech or an expression of freedom of speech are based on the benefits. The findings of this study are expected to educate the public in distinguishing between freedom of speech and hate speech according to maq─üß╣úid al-shar─½ÔÇÖah to minimize conflict and hostility.