Freedom of Opinion, Expression, and Demonstration under Omani Law
First: The Global Concept of Freedom of Opinion and Expression
The term right to freedom of opinion and expression refers to the right to hold different views without any interference from others and without being subject to any exception or restriction. It also includes the freedom to express these personal opinions by any means, including written or oral communication, various media outlets, artistic works, and commercial advertisements.
However, in practice, the right to freedom of expression is not absolute in any country and is usually subject to restrictions, such as in cases of defamation, obscenity, public morality, and incitement to commit a crime. Freedom of opinion and expression is often accompanied by certain related rights and limitations, such as the right to freedom of worship, freedom of the press, freedom of peaceful demonstrations, and the right to sit-ins.
Second: The Concept of Freedom of Opinion and Expression in Islamic Sharia
Freedom of expression, like other freedoms, requires regulations and restrictions due to the possibility of its misuse and improper exercise. Therefore, legal restrictions increase in proportion to the increase in violations and abuses of rights and freedoms. When God created Adam and his wife, He placed them in Paradise with all its vastness, pleasures, and blessings, giving them free rein in all of it except for one tree. This exception was like a drop in the ocean or a grain of sand in the desert: “And We said, ‘O Adam, dwell, you and your wife, in Paradise and eat therefrom in abundance from wherever you will, but do not approach this tree, lest you be among the wrongdoers.’” (Al-Baqarah: 35)
But after he disobeyed and transgressed, he was expelled from Paradise and made to dwell on earth, where responsibilities and restrictions multiplied: “So We said, ‘O Adam, indeed this is an enemy to you and to your wife. Then let him not remove you from Paradise so you would suffer. Indeed, it is [promised] for you that you will not be hungry therein or be unclothed. And indeed, you will not be thirsty therein or be hot from the sun.’ But Satan whispered to him; he said, ‘O Adam, shall I direct you to the tree of immortality and a kingdom that will never decay?’ So, they both ate from it, and their private parts became apparent to them, and they began to cover themselves with the leaves of Paradise. And Adam disobeyed his Lord and erred. Then his Lord chose him, turned to him in forgiveness, and guided him. [God] said, ‘Descend from it, all of you, as enemies to one another. And when guidance comes to you from Me, whoever follows My guidance will not go astray nor suffer. But whoever turns away from My remembrance will have a miserable life, and We will raise him on the Day of Resurrection blind.’” (Ta-Ha: 117–124)
Thus, the more life progresses and the more violations and abuses increase, the more regulations and legislations are needed. As ʿUmar ibn ʿAbd al-ʿAzīz said: “New rulings arise for people in proportion to the corruption they introduce.”
Below are the most important ethical and legal guidelines found in the Sharia that help direct freedom of expression in a sound and constructive path and curb its misuse.
a. Seeking the truth and standing with it.
Freedom of expression in Islam is not an opportunity for stubbornness or domination, nor a means to embarrass one’s opponent or weaken his position. Freedom of expression in Islam is not a space for indulging in sophistry or distorting facts, nor an arena for competing in argumentation and rhetoric. Nor do the principles and ethics of Islam allow for absolute opposition or absolute agreement—as is now the case in democratic and semi-democratic governments and parties—where each person is committed, or compelled, to support his own side, group, or party, and to oppose his rivals and opponents absolutely and automatically, regardless of his opinion and regardless of how his opinion may change, even if he inwardly believes that the correctness lies with his opponent and the error lies with his own side.
This behavior, which has become widespread and taken for granted among politicians today, is in fact not an exercise of freedom of expression but rather a corruption and manipulation of it. Robert H. Thouless explained this affliction well in his book Straight and Crooked Thinking, translated into Arabic. One of his examples is: “If a speaker in our party delivers an eloquent, passionate speech, we say he is an excellent orator. But if a speaker in the opposing party delivers a speech in the same way, we say he is being pretentious… We describe the proposals of the opposition party—even if they are practical—as ‘a cure for every disease, in the language of quack doctors.’ This is an expression full of emotional meaning, arousing in us strong feelings of disdain, like those we have toward the medicines promoted by charlatans who exaggerate their supposed benefits. The speaker also describes those who show enthusiasm in supporting proposals he dislikes as ‘extremists,’ whereas if people from his own group displayed the same enthusiasm and interest, they would be, in his view, ‘steadfast in upholding the truth…’” [16].
Among the issues included in this affliction—and completing it—is thinking in favor of one’s own group and against the opponent based solely on what the group or party has decided, even if the voter’s personal conviction contradicts that of his party. Voting in this case is a form of expression, indeed one of the most powerful and consequential forms of expression.
b. Preserving the sanctity of religion.
This is the greatest and most serious principle relevant to our topic. What is meant by it is the prohibition and deterrence against violating or tampering with the sanctity and status of the true religion. Religion represents the foundation of the Islamic nation, the Islamic society, and the Islamic state. Just as most nations—past and present—impose the severest punishments on those who attack their fundamental pillars and unifying elements, such as nationalism, homeland, and system of governance, Muslims also have the right to designate the strongest punishments and deterrents for what constitutes the basis of their existence, unity, and stability—namely, the bond and sanctity of religion. For the Islamic nation, religion is its homeland, its identity, its unity, and its dignity. Therefore, whoever rejects or opposes it after having belonged to it and integrated into its structure is like one who betrays his homeland, renounces his nation and people, and undermines the unity and stability of his country.
On the other hand, true entry into religion can only occur through certainty and inner peace, and certainty does not change or collapse. Whoever enters Islam with sincere and certain conviction cannot be imagined ever leaving it. Rather, such a person “abhors returning to disbelief after God has saved him from it just as he abhors being thrown into the fire,” as stated in the noble Prophetic hadith [17].
Leaving Islam is conceivable only in the case of those who entered it improperly or insincerely, or who entered it for evil motives and hostile intentions. A person may enter Islam and mix with its followers with the intention of spying and serving enemies. Others may enter it out of greed or to fulfill personal aims, only to abandon it afterwards. Some may enter it in order to demoralize Muslims and stir confusion and disorder by subsequently renouncing it.
All these malicious purposes were possible and indeed occurred since the Prophetic era. The Qur’an referred to them and condemned them in several verses, such as His saying:“When they meet those who believe, they say, ‘We believe.’ But when they are alone with their devils, they say, ‘We are with you; we were only mocking.’” [Al-Baqarah: 14]. And His saying:“A group among the People of the Book said, ‘Believe in what was revealed to the believers at the beginning of the day, and reject it at its end, so that they may turn back.’” [Āl ʿImrān: 72]. And His saying:“Indeed, those who believed, then disbelieved, then believed, then disbelieved, then increased in disbelief—God will never forgive them nor guide them to a path.” [An-Nisā’: 137].
To block the path and close the door to such forms of belittlement or manipulation of religion—which is the most sacred thing humanity has known throughout history—and to protect the Muslims’ existence as a nation, a state, a society, and individuals from any betrayal or attack on what is most sacred to them, strict and firm measures were taken against apostates who defame or undermine the faith. Professor Allal al-Fassi (may God have mercy on him) says: “The matter is delicate, but what is certain is that those who say the apostate should be executed—who are the generality of non-contemporary jurists—intend thereby to protect the Muslim community, not to harm the freedom of belief, which is an inner matter that no one can control.” [18]
c- Freedom of expression, not freedom of deception.
Engaging in misleading people and dragging them into what harms them is not, in any way, a form of freedom of expression; rather, it is corruption and deception. Among the general public are the weak, the young, the ignorant, the foolish, and the ill—those who cannot always distinguish the bad from the good. Therefore, in Islam, there is no freedom to practice any form of deception, misleading, fraud, or taking advantage of minors and those in need, nor is there freedom to call for or promote vices and immoral acts. No one—under the pretext of freedom of expression—has the right, for example, to call for fornication, alcohol, or drugs, or to speak of the “pleasures and benefits” they contain. No one may call for or promote deviant and abnormal ideas or behaviors under the banner of freedom of expression. All of this falls under the category of freedom of deception, not freedom of expression. “To call, for example, for fornication, alcohol, and drugs, and to speak of the ‘pleasures and benefits’ they contain — and no one has the right to call for or promote deviant and aberrant ideas or behaviors under the banner of freedom of expression. All of this falls under the freedom to mislead, not the freedom of expression.” God Almighty says: “Indeed, those who love that immorality should spread among the believers will have a painful punishment in this world and the Hereafter.” [Al-Nur: 19].
If this is the case for those who merely love to see immorality spread, then how much worse is it for those who actually spread it through their words, actions, and projects? Included here is commercial advertising for all prohibited, corrupt, and harmful substances. Likewise, the use of naked women in commercial advertising and in some activities presented as “artistic expression.”
d- Verification and due diligence before speaking or expressing.
This guideline applies to all statements and expressive forms, but it becomes more critical when the matter involves people’s news, rights, and reputations.
Among the rules Islam prescribes when expressing or speaking is that any statement must have proof and evidence, and must come after investigation and verification. It must not be based merely on conjecture, assumption, falsehood, or slander. God says: “And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight, and the heart—about all those ones will be questioned.” [Al-Isra: 36].
Thus came the strong prohibition against lying, slander, passing on news, and circulating reports before verifying them. The texts regarding this are numerous and well-known. None of this falls under freedom of expression; rather, it falls under bad suspicion and bad expression.
e- Preserving people’s sanctity and reputations.
This guideline differs from the previous one in that the matter here may involve something true, factual, and known, but disclosing or spreading it would harm people and violate their sanctity, reputations, and families. This includes the prohibition of backbiting, insult, defamation, public shaming, and revealing people’s secrets without their permission—even if what is revealed is true. Even with regard to illicit sexual acts that one may witness and be certain of, it is not permissible to publicize or report them unless four witnesses are present, as a safeguard for people’s honor and dignity.
f- Preventing intrusion into intentions and inner motives.
This guideline relates to criticizing individuals for their opinions, actions, and judgments, whether they are scholars, thinkers, leaders, rulers, or ordinary people. Islam permits us to criticize anyone, debate them, and rebuke them for what we believe they have erred in—but only within the limits of what is outwardly apparent to us, based on what we have seen or heard. This must be done without spying, probing for hidden faults, misinterpretation, bad suspicion, or accusing people’s intentions and inner states. As it is said: “We have been commanded to judge by the apparent, and God takes care of the inner selves.”
Third: Provisions on Freedom of Opinion and Expression in the Sultanate
The Basic Statute of the State is the supreme legislation in the Sultanate of Oman, and it guarantees freedom of opinion and expression in accordance with Article (35) of Chapter Three: “Freedom of opinion and the expression thereof by speech, writing, and other means of expression is guaranteed within the limits of the law.”
From the aforementioned article, it is understood that everyone residing on this blessed land—whether a natural person or a legal entity—has been granted sufficient space to express their opinion. This right was affirmed by His Majesty Sultan Haitham bin Tariq — may God protect and preserve him — since assuming power, as he called in one of his speeches for freedom of opinion and expression and for not suppressing thought.
His Majesty Sultan Haitham bin Tariq — may God protect and preserve him — also emphasized in his noble speeches that freedom of expression is safeguarded by a state governed by institutions and the rule of law.
Furthermore, the press in all its forms—visual and written—may express its views and ideas, and it has the right to express its opinions in political and civil matters, provided this does not contradict Chapter Four of the Publications and Publishing Law, which addresses matters prohibited from being published.
Fourth: Freedom of Opinion Within the Limits of the Law
The interpretation and correct application of laws fall under the responsibility of the judiciary. Whenever any violations by administrative authorities occur—through restricting or monopolizing freedom of opinion and expression—the judiciary is entrusted with overseeing their actions and verifying the compatibility of their decisions with the Basic Statute of the State and other laws regulating freedom of expression for individuals and media institutions. The same applies to natural and legal persons when they exceed the legal limits in their exercise of freedom of opinion and expression.
Omani law guarantees freedom of opinion and expression while at the same time prohibiting monopolizing opinion or suppressing the opinions of others. It also prescribes penalties for those who violate freedom of expression or cause disorder and disturb public order.
Article (121) of the Penal Code states:
“Anyone who participates in a public gathering composed of ten (10) persons or more, in a manner that may disturb public order or security, or who remains gathered after receiving an order to disperse or leave from the competent authorities, shall be punished with imprisonment for a term of no less than three (3) months and no more than one year, and a fine of no less than one hundred (100) Omani Riyals and no more than five hundred (500) Omani Riyals, or either of these two penalties. If the participants use violence, whoever instigates or participates in such violence shall be punished with imprisonment for a term of no less than six (6) months and no more than three (3) years, and a fine of no less than three hundred (300) Omani Riyals and no more than one thousand (1,000) Omani Riyals, or either of these two penalties.”
Thus, it is clear that the law guarantees peaceful rights and criminalizes abuse and disorder. Everyone must follow proper legal and procedural steps, and avoid being drawn into occasional calls that incite discord or unrest. National achievements must be kept in sight, and the goal should always be to serve Oman, its noble people, and elevate the name of the country.
Fifth: Conclusion
In conclusion, we ask Almighty God to make this effort sincere for His sake. May God guide our steps, bless all efforts, and benefit this study and work. Indeed, He is All-Hearing, Responsive.
Prepared by: Dr. Mohammed Gharbawi
Al-Alawi & Co – Lawyers and Legal Consultants
Muscat, Sultanate of Oman