Editing Defamation (section)

===Islam===
{{see also |Sharia |Application of Sharia by country}}

In a 2018 academic paper,<ref>{{cite web |url=https://www.researchgate.net/publication/327671103 |title=Defamation: A comparative study between the Malaysian laws and the Islamic legal principles |author=Hasbollah Bin Mat Saad |date=September 2018 |website=[[ResearchGate]] |access-date=5 August 2023}}</ref> the author (a law student from the [[International Islamic University of Malaysia]]) argued for harmonization between [[Law of Malaysia|Malaysian laws]] and [[Principles of Islamic jurisprudence|Islamic legal principles]]. [[Federal Constitution of Malaysia#Article 3 – Islam|Article 3]] of the Constitution declares [[Islam]] as the [[state religion]]. [[Federal Constitution of Malaysia#Article 10 – Freedom of Speech, Assembly and Association|Article 10]] provides for freedom of speech, with expressly permitted restrictions for defamation-related offences.

First, definitions of defamation from Malaysian and Islamic law are listed. According to the paper, definitions by [[Muslim scholar]]s can include: mislead, accuse of adultery, and embarrass or discredit the dignity or honour of another. In the [[Quran]], many more concepts might be included. The author concludes that Islamic definitions are better for classifying defamatory actions.

Second, freedom of speech is compared with teachings of [[Muhammad]]. Mentioned among others are: [[fragmentation (sociology)|fragmentation of society]], [[divine retribution]] by the [[angel]]s in the [[afterlife]], secrecy, loyalty, and treachery; dignity and honour are again mentioned. The author concludes that freedom of speech should be practised for the sake of justice, and can be lifted if it causes discomfort or unhealthy relationships in society.

Third, Malaysian laws related to defamation are enumerated. According to the author, there were cases with exorbitant [[damages|monetary awards]], interference by third parties, and selective actions against [[political opposition]]; having a negative impact on society.

Fourth, the proposal of harmonization is discussed. The author proposes amending Malaysian laws to conform with Islamic legal principles, under the supervision of a specific department. Mentioned are: Islamic [[customary law]] (''[[Adat]]''), secondary sources of Islamic law (such as ''[[Urf]]''), and "other laws" practised by people in various countries; provided that they are in line with Islamic divine law (''[[Maqasid]]''). The author concludes that in the Malaysian context, this proposed harmonization would be justified by Article 3 of the Constitution (with a passing reference to the "supremacy of the Constitution", apparently guaranteed in Article 4).

Finally, the author enumerates proposed steps to bring about this [[legal reform]]. Defamation would include:
* Libel and slander
* [[Adultery]] (''[[zina]]'') and [[sodomy]] (''[[liwat]]'')
* Acts against honour and dignity that do not fall under the previous category
There would be three types of punishment for defamation:
* Criminal [[hudud|''hadd'' punishments]] (which category seems to include [[corporal punishment|corporal]], [[capital punishment|capital]], [[apostasy in Islam|apostasy]]){{snd}}the author mentions 80 [[flagellation|lashes]]
* Criminal [[tazir|''tazir'' punishments]] (lashing, imprisonment, fine, "other")
* Monetary damages
Other proposed measures include: [[right of reply]], order of [[wikt:retraction|retraction]], mediation via an [[ombudsman]], empowering the [[Human Rights Commission of Malaysia]], finding ways for people to express their views and opinions, education.