In today’s world of globalization, the concept of freedom alongside that of fundamental human rights are two notions that are highly contested and discussed, from both ideological and cultural perspectives. So there’ve been a lot of significant efforts at the international and local sphere to help promote and promote protect these rights and a key reference point for those has been the Universal Declaration of Human Rights (UDHR), that was adopted by the United Nations as well as work by advocacy non-governmental organizations like Amnesty International, whose focus is to defend and support these rights in the world. While these initiatives are genuine, commendable and worthy of recognition, Islam gives a distinct perspective on conceptualisation of human rights and freedom.

In a recent ruling by the Economic Community of West African States (ECOWAS) Court of Justice the court found that Kano State’s blasphemy laws violate some basic fundamental human rights including freedom of expression and religion. Such a decision comes on the heels of a 2022 case in which Nigerian humanist Mubarak Bala was sentenced to 24 years in prison on blasphemy related charges. Bala's case is not the maiden one; similar verdicts have been meted out to other individuals, such as a renowned Muslim cleric Abduljabbar Nasir Kabara in 2022.

The ECOWAS Court found that the provisions of the state’s current blasphemy law, under the Kano Sharia legal code, have led to arbitrary arrests, prolonged detention and denial of legal representation. The court said that these laws contravene Nigeria’s obligations under international human rights treaties. In its response, the Kano State Government defended its blasphemy laws, saying they were constitutional and correspond with the religious and customary values of the predominantly Muslim population of the state. The state maintains that these laws are very essential for preserving public order and morality.

The Provisions of the Universal Declaration of Human Rights (UDHR)

Primarily, the Universal Declaration of Human Rights (UDHR) adopted in 1948, was created to establish a universal standard for human rights based on promoting peace, justice and equality to avoid future human rights violations. The UDHR is not a legally binding treaty, but it forms the base for many international laws and for many nations’ constitutions. Each of its articles sets out specific rights or freedoms which apply to every Individual, anywhere in the world.

It is pertinent to note that among its core principles are the notions that all people are born free and equal in dignity and rights, including rights to life, freedom, safety and protection under the law without discrimination. Additionally, the UDHR affirms the rights to freedom of expression, religious practice, work, education, property ownership, political participation and enjoyment of a decent standard of living. However, these rights are not absolute as they are accompanied by responsibilities to others and may be liable to lawful limitations.

In fact, Article 29 notes that "everyone has duties to the community" and "the exercise of rights and freedom may be subject to limitations."  This highlights that individual rights do not extend to actions that violate the law. In addition, article 19 provides an essential right to freedom of opinion and expression. While the UDHR doesn't support words inciting violence and hatred, it fully supports the right to express beliefs and criticisms about religion without fear of persecution or imprisonment.  It is this inherent right that grants the participation and expression of ideas in democracy and gives the expression of protest and ability to critique the government.

The Nigerian Constitution

The Constitution of the federal Republic of Nigeria is considered as the supreme legal framework guiding the country’s governance, defining powers, safeguarding fundamental citizens’ rights and ensuring justice, unity, democracy and federalism across the country. Within its core values about freedom the Constitution ensures religious liberty which enables every citizen to worship their faith along with conversion, propagation and faith-sharing activities without discrimination. It explicitly prohibits the adoption of any state religion and ensures that no one is forced to follow any religion.

Religious rights are codified in Chapter IV, which promotes tolerance, equality and peaceful coexistence among Nigeria’s diverse religious communities. Furthermore, the constitution, under Section 2(2) and Part II of the Second Schedule, establishes a federal structure, granting states autonomy in administration, legislation and certain resources. Each state had its own executive, legislature and judiciary. Nevertheless, this autonomy is checked by the central government’s exclusive control over vital sectors like security and also major revenue sources, balancing between devolution and national unity.

Islamic Perspectives on Rights and freedom

Islamic teachings guarantee freedom, but it is not absolute; it accepts many of the same fundamental rights and freedom which are found in modern human rights declarations; however, the freedom is viewed within the framework of divine accountability and moral responsibility. Freedom in Islam is bound by the protection of five essential values. These values represent the great cornerstone in Islam enshrined in its goals and objectives of the divine laws. They serve as the framework within which human rights must be exercised:

1. The Right to Life and the Protection of Bodily Integrity

Islam strictly prohibits the killing or harming of another person under the guise of freedom or human rights. Every individual’s life and physical well-being must be safeguarded. In the glorious Qur’an: “That is why We ordained for the Children of Israel that whoever takes a life unless as a punishment for murder or mischief in the land it will be as if they killed all of humanity; and whoever saves a life, it will be as if they saved all of humanity….” (Qur’an 5:32)

2. The Right to Property and wealth:

No one has the right to unlawfully seize, steal or destroy another person's property whether through theft, robbery, fraud or extortion. Such acts are not expressions of freedom but clear violations of others' rights. The Qur’an instructs that: “O believers! Do not devour one another’s wealth illegally, but rather trade by mutual consent. And do not kill ˹each other or˺ yourselves. Surely Allah is ever Merciful to you” (Qur’an 4:29)

3. The Right to Dignity:

It is forbidden to insult, defame, disgrace or mock others. The protection of a person’s honour and reputation is a fundamental aspect of Islamic ethics. Islam teaches that all humans are equal in dignity regardless of race, colour or ethnicity.   "Indeed, the most noble of you in the sight of Allah is the most righteous of you." (Qur’an 49:13)

4. The Right to Mental and Intellectual Health

Freedom does not extend to the consumption, trade or promotion of substances that harm the intellect or mental well-being, such as intoxicants. O You who believe! Indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it so that you may be successful." (Quran: 5:90). Islam seeks to preserve the clarity and soundness of human reasoning.

5. The Right to Religious Respect

Islam acknowledges the freedom of individuals to believe or not to believe, or to be inclined to any faith an individual wishes but urges that each religion should be respected and not to be abused. Freedom of speech does not include the right to insult or ridicule any religion, belief system, or religious figure. Islam commands respect for all religious traditions and forbids the mocking of others’ faiths. As stated in the Qur’an: “Do not insult those they invoke besides Allah, lest they insult Allah in enmity without knowledge.” (Qur’an 6:108)

For peace and harmony to prevail in the society and in exercising absolute freedom, these core values must be upheld and respected. Upholding them is not only a religious obligation but also a necessary condition for a just and peaceful world.

Thus, in Islam, freedom is regarded as a noble right that must be protected and preserved. It is viewed not as a license to do whatever one pleases but rather freedom to live righteous lives, to speak truthfully and to worship in the way that should accord with justice, respect and the guidance of the divine. That is why limits are set to avoid harming the society, encouraging immorality, or violating divine commandments.

The Relationship Between Freedom of Expression and Religious Blasphemy

The issue of blasphemy represents a complicated and often contentious intersection between the protection of individual rights and the safeguarding of religious beliefs. In some countries, blasphemy laws criminalize actions or words deemed insulting to religion, while in others, there is no such legal restriction, in the name of protecting freedom of expression. According to the Britannica dictionary, blasphemy means something said or done that is disrespectful to God or to something holy. In this context, speech, actions or writings perceived as abusive toward religious beliefs or deities may be classified as blasphemous.

Considering the framework on which this article is based, it is important to recognize the legal protections accorded to both freedom of expression and freedom of religion, particularly as outlined in the tripartite legal systems taken by the study. As indicated earlier, the Article 19 of the Universal Declaration of Human Rights (UDHR) grants everyone the right to express their opinions, including those that might be controversial or disagreed by others. The article states:  "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers" (United Nations, 1948, UDHR).

Therefore, this provision ensures individuals' right to speak, write and express their views openly. Nevertheless, it is not absolute; it may be limited, for example, in the case of national security, public order, and for the reasons of morality or the rights of others (for example to avoid hate speech, defamation of character, or the incitement of violence). In accordance with this principle, one has the right to criticize, challenge, or ridicule ideas, including religious beliefs. For instance, one may say that they do not agree with certain beliefs or practices of a given religion. Nonetheless, legal limitations may apply where such utterances threaten public peace or incite hostility.

In this regard, religious blasphemy may reasonably be considered an exception due to its potential to provoke violent responses, as evidenced by numerous incidents in Nigeria and globally such as the attacks on the Charlie Hebdo magazine and the backlash and attack against author Salman Rushdie. While these reactions cannot be justified under any law, they reflect a voice of deep emotional and cultural sensitivity in regard to religious issues for many of these adherents. In this background blasphemy laws may be viewed as a useful tool for preserving social harmony and preventing civil unrest. So, although freedom of expression is an essential human right, it should be accompanied by responsibility and respect for those with rights.

In the Nigerian context, the Constitution under its federal structure that allows each state to retain autonomy in governance, including administrative, legislative and certain judicial and legal functions, equally permits states, such as Kano as one of the 12 northern Nigerian states implementing Sharia penal codes, to enforce blasphemy laws rooted in Islamic jurisprudence, provided that due process is observed in investigation and adjudication.

From an Islamic legal perspective, freedom is not absolute but bounded by the preservation of five essential values: religion, life, intellect, lineage and property. Any violation of these rights may warrant legal consequences. Religious blasphemy particularly which hurls insults against Allah, the Prophet Muhammad (peace be upon him) and the sacred symbols, is generally viewed as a grave offense because Islam places a high value on the protection of religious sanctity. However, Islamic legal traditions also emphasize due process, careful judicial scrutiny and fairness. Accusations of blasphemy require clear evidence and proper judicial procedures. Therefore, the ruling by the ECOWAS Court’s jurisdiction stands in contradiction to these Islamic values.

Conclusion

The ECOWAS Court’s decision on this matter reflects a one-sided approach to a problem that calls for a fine balance between the protection of religious values and that of fundamental human rights. From an Islamic perspective, freedom of whatever kind whether of speech, belief or action, is recognized as essential but is subject to limitations intended to safeguard communal interests and promote the public good. Likewise, while the UDHR recognizes both the need for protection of the freedom of belief and of expression; it is not a supporter of speech that promotes hatred or violence. It rather defends the rights of individuals to express dissenting, even controversial viewpoints particularly when such expression does not endanger public order or safety.

Cases of states like Kano and similar states that embraced Sharia legal framework in order to respect religious values, including criminal laws against blasphemy, will require application of it in line with the tenets of justice, ultimate rule of law, and respect for human dignity. Freedom of expression provides a very solid foundation for individuals to discuss and interrogate religion, but the freedom should be limited when the speech threatens public order or promotes harmful actions against religious groups.