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Florida State University Journal of Transnational Law & Policy

Abstract

Islamic law recognizes two distinct divine rights, one applying to speech communities and the other to individuals. The divine right to language allows each speech community to preserve and celebrate its native language free of coercion and disrespect from other speech communities. Native languages are the assets of speech communities. Islamic law prohibits coercive degradation of native languages while at the same time it interposes no barriers in learning other languages. Closely related to the right to language is the divine right to individual self-expression or self-determination. Each human being is unique because God, the Master-Artist, shapes each human being with special attention. Social, economic, and legal barriers that suppress special talents or refuse to accommodate disabilities are incompatible with Islamic law. When individuals are given the liberty allowed under Islamic law to pursue sciences, arts, knowledge, sports, and spirituality, Muslim communities prosper. When Muslim states are oppressive, they undermine individual initiatives. This study recommends that Muslim states should recognize linguistic pluralism and the right to self expression in their positive law, including national constitutions

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