Hate Speech in the Perspective of Islamic Law
Takdir
1
, Muhammad Tahmid Nur
1
, Abdain, Rahmawati
1
and Wahyu Hidayat
1
1
State Islamic Institute of Palopo, Palopo, Indonesia
Keywords: Social Media, Hate Speech, Islamic Law
Abstract: The intensity of communications patterns between humans in the last few years has been increasing rapidly.
Social media has become the new social interaction tool for people nowadays; it provides the users with
limitless information and becomes an open space to respond to the news. It can develop a virtual community
which is being a discussion forum in the virtual world. The discussion is covering a wide range of fields
such as economic, social, and culture. However, the presence of social media does not always give positive
contributions to the community. One of the negative impacts of social media is the appearance of hate
speech behavior. Hate speech behavior is an intolerant act against person or group. There are numerous
violence cases occurred as a result of provocation via social media. Islam is forbidding the hate speech
behavior because of it against the principle of the Quran which calls for peace and love one another.
1 INTRODUCTION
This paper draws attention to the phenomenon of the
act of speech sound hatred through social media in
the viewpoint of Islamic law. The focus of this
article is the role of Islamic value to restrict the hate
speech behavior in the social network. It is inspired
by the phenomenon of hate speech and foul
language on social media platform which related to
the law of information and electronic transaction
(UUITE).
This writing will not debate the pros and cons of
the hate speech instead will address the multi-
interpretation made by some group of people who
misused the essence of social media as the tool to
spread hate speech. Some individuals consider the
rules in this article must be kept although there is an
increasing hate speech which contained SARA
(Ethnicity, religion, race, and inter-group relations),
and has been threatening the unity of the nation.
This article emphasizes the action of hate speech
from the perspective of Islamic law.
legal provisions that are used for hate speech as a
behavior in the form of words both verbally and in
letters which greatly affect the consequences. At this
time most of the behavior included the use used in
the use of internet media for conferences or to
reinforce differences by using electronic media.
Each country has different access rights in the
environment with other parties both oral and
electronic media. This is intended to convey by
means of communication not done at will without
the responsibility of the party receiving and
receiving it. If there are no rules on how to deliver
good intentions and objectives then it will not rule
out the possibility that the community will freely
communicate without a sense of responsibility such
as doing hate speech. Based on the Kapolri circular
letter No: SE / 06 / X / 2015 contained in Article
156, Article 157, Article 310, Article 311, then
Article 28 jis. Article 45 paragraph (2) Law No 11 of
2008 concerning information & electronic
transactions and Article 16 of Law No. 40 of 2008
concerning the elimination of Racial and Ethnic
Discrimination about acts of hate speech . What
happens with the complete Articles of the Law
governing Hate Speech:
1. Criminal Code:
a. Article 156 of the Criminal Code: Anyone in
public expresses feelings of hostility, hatred or
humiliation of one or more groups of the
Indonesian people, threatened with a maximum
imprisonment of four years or a fine of a
maximum of four thousand five hundred rupiah.
b. Article 157 paragraph (1) and (2) of the Criminal
Code:
1) Anyone who broadcasts, displays or attaches
writings or paintings in public, whose contents
contain statements of feelings of hostility, hatred
364
Takdir, ., Tahmid Nur, M., Abdain, ., Rahmawati, . and Hidayat, W.
Hate Speech in the Perspective of Islamic Law.
DOI: 10.5220/0009931303640371
In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 364-371
ISBN: 978-989-758-458-9
Copyright
c
 2020 by SCITEPRESS – Science and Technology Publications, Lda. All rights reser ved

or humiliation between or against groups of the
Indonesian people, with the intention that their
contents be known by the public, threatened with
a maximum imprisonment of two year six
months or a fine of a maximum of four thousand
five hundred rupiah.
2) If the guilty person commits the crime at the time
of carrying out his search and at that time it has
not been past five years since his conviction
became permanent because of such a crime, he
may be prohibited from carrying out the search.
c. Article 310 paragraph (1), (2) and (3) of the
Criminal Code:
1) Anyone who intentionally attacks someone's
honor or good name by accusing him of
something, which means clearly so that it is
publicly known, is threatened with pollution with
a maximum imprisonment of nine months or a
fine of four thousand five hundred rupiah.
2) If it is done by writing or describing it being
broadcast, displayed or posted in public, then it is
threatened because of written pollution with a
maximum imprisonment of one year and four
months or a fine of a maximum of four thousand
five hundred rupiah.
3) Does not constitute pollution or written pollution,
if the actions are clearly carried out in the public
interest or because they are forced to defend
themselves.
d. Article 311 Paragraph (1): If the person who
commits a crime of pollution or written pollution
is allowed to prove what is alleged is true, does
not prove it and the allegation is contrary to what
is known, then he is threatened with slander with
a maximum imprisonment of four years .
2. Law No. 11 of 2008 concerning ITE (Information
and Electronic Transactions):
a. Article 28 paragraphs (1) and (2):
1) Every person intentionally and without rights
spread false and misleading news which results in
loss of consumers in Electronic Transactions.
2) Every person intentionally and without rights
distributes information intended to generate hatred
or hostility of certain individuals and / or groups of
people based on ethnicity, religion, race and
intergroup (SARA).
b. Article 45 paragraph (2): Every person who
fulfills the elements as referred to in Article 28
paragraph (1) or paragraph (2) shall be sentenced to
a maximum of 6 (six) years of imprisonment and / or
a maximum fine of Rp. 1,000,000,000. 00 (one
billion rupiah).
3. Law No. 40 of 2008 concerning the Elimination
of Racial and Ethnic Discrimination:
Article 16: Anyone who intentionally shows hatred
or hatred towards others based on racial and ethnic
discrimination as referred to in Article 4 letter b
number 1, number 2, or number 3, shall be
sentenced to a maximum of 5 (five) imprisonment.
year and / or a fine of a maximum of Rp.
500,000,000.00 (five hundred million rupiah).
Hate Speech has always had an impact on minor
to severe violations that began only in words in
internet media writing that led the reader to justify or
blame those words whose effects were able to move
the masses to trigger conflict among the community.
Therefore, it is necessary to have an action from the
apparatus and law enforcement, especially the Police
to prevent by taking preventive and repressive
actions in handling this Hate Speech case. If not
handled effectively efficiently and in accordance
with the provisions of the legislation will potentially
lead to widespread social conflict, and potentially
lead to acts of discrimination, violence and or loss of
life.
The hate speech is arranged in the constitution
number 11 years 2008 about information and
electronic transaction article 28. Article 45 of the
signs of (2). The content of article 28 verse (2) as
follows:
“Anyone who purposefully and without the right
to spread the information which is aimed for may
cause resentment or hostility the individuals or
group of a particular society by the tribe of, the
religion of, a race, and inter-group relations
(SARA).”
Following the implementation of ITE Law, the
head of Indonesian police issued a letter-number:
SE/6/X/ 2015 to notify the members of Indonesian
Policemen to take a step in handling the
phenomenon of speech hate on the social media. So
the purpose of the circular is only for the internal use
of the Indonesian police members. The Center
Indonesian Law and Policy (PSHK) as an agency
observer and the renewal of law, stated that the
circular is not a product of legislation but as an
internal administrative instrument. A circular letter
was intended to provide guidance further
information about general norm legislation.
(Mangantibe Veisy, 2016)
Points of hate speech are stated in the number
two of the head of Indonesian policy ’s circular letter
covering; contempt, defamation, blasphemy,
provoke, incite, spreading a false rumor, and the
tendency of discrimination, violence, life, and
arising social conflict. The primary purpose of the
Law making on hate speech is to restrict and
eradicate negative effect that can harm the unity and
peace of the nation.
Hate Speech in the Perspective of Islamic Law
365

The peace and unity in the social life and
national life are in line with the Islam purpose. The
hate speech behavior in social media will cause
social conflict, for this reason, Islamic leaders need
to find the solution.
2 METHOD
This study is qualitative descriptive research and
uses documentary library research. The design is
based on the qualitative descriptive namely
collecting, processing, analyzing, and providing the
data objectively.
3 DISCUSSION
As we know that the purpose of the law is to create a
name called justice, certainty and benefit for the
community. For this reason, it is hoped that every
legal action applied in the community should always
refer to the principle of legal legality that contains
elements:
a. An act cannot be said to be an unlawful act if the
act is not regulated in the legislation.
Provisions on the application of law must not be
retroactive by using past legal rules.
c. The making of legislation must not conflict with
the hierarchy of laws and regulations that are higher
above it.
Law enforcement in Indonesia is divided into
positive laws and laws that live and grow in the
community known as customary law.
Positive law has been made as regulation for
social media users on some law breakings
especially, the hate speech action. How is it related
to Islamic law?. This article will try to describe the
hate speech behavior according to Islamic law and
the solution which is offered in Islam to prevent the
hate speech behavior in social media.
In the sociology of law social change in society
occurs because:
a. There is an interaction between the culture of one
community and another.
b. Heterogeneous inhabitants of various tribes and
professions
c. There is tolerance for deviant minor deeds
d. There is a change in the modern education system
e. Excessive respect for the work of others
f. There is motivation to become an advanced
society
g. There is dissatisfaction with public services in
certain sectors.
The result of modernity is the development of the
technology, people use social media every day, and
it influences their daily life. It is including the
Muslim community who often uses social media and
is addicted to it. The development of information
technology in the era of globalization has caused
many changes that directly or indirectly have a
positive and negative impact on its utilization.The
positive impacts of globalization include the
increasingly sophisticated means of communication
and information, the ease of acquiring knowledge,
more practical shopping, and so on.
However, it cannot be denied that globalization
also has a negative impact. These negative impacts
include waning friendship, weakening traditional
culture, losing nationalism and patriotism, and
increasing social media. One of the negative impacts
of globalization is the increasingly widespread use
of social media among people in various forms, from
Facebook, Instagram, Twitter, WhatsApp, BBM,
and many more.
Social media is one of the main factors in the
changing lives of Indonesian people, especially for
teenagers. Teenagers who do not have social media
will feel embarrassed because only they do not have
social media. Meanwhile, there are some teenagers
who use social media only to show off or brag. The
use of social media is often not accompanied by a
sense of responsibility in terms of its use which
ultimately has a negative impact on itself. It is hoped
that the use of social media should be used correctly
and contribute to the development of potential users.
Social media cannot be separated from everyday
life. Social media can even change our way of life so
that it can be said that social media becomes an
important media in society. Social media has many
benefits. However, social media certainly also has a
negative impact, both for themselves and others. In
social media, we can find various information from
the old to the most popular. Social media is very
important in our daily lives. For this reason, it is
fitting that we maintain our ethics in social media.
Social media will benefit us and others if we use
it correctly, wisely, and for positive activities. On
the contrary, social media will have a bad impact on
us if we are not responsible and use it for negative
and useless activities.
Islam does not follow the enhancement of
technology but embraces technology, as well as
smartphones, use, and internet- just as the rest of the
world has- and, even more. Though many people
said that the internet is a world without limitation,
one must follow the ethics of using the internet to
interact with people. In the virtual world, people
should not feel free to act without estimating others’
feelings or responses to our action. In this regard,
ICRI 2018 - International Conference Recent Innovation
366

beyond any formal world, there is special guidance
known as netiquette, an abbreviation of the Internet
Etiquette. Netiquette is the application of practical
ethical principles in communicating through the
internet. It applies to one to one and one to more
than one, communication forms.
a How is the implementation of the value of
Islam in human activities in the context of
interaction through social media platform? The
essence of akhlaq is the key to how people socialize
on a daily basis, akhlaq is the value taken from
Quran and hadiths. It guides people to treat other
people in a kind and respectful ways, this behavior
known as a muamalat concept. Islam teaches akhlaq
as guidance to use to interact and to develop a good
interaction not only in reality but also the cyber
world.
People use social media to interact and especially
to post status which sometimes contains offensive
content, attack other parties, or offend the issue of
SARA. The reason behind these behaviors is the
accessibility of internet that one can use as they
please. Hence, people are easily triggered to do
adverse action.
One of the downsides of the virtual world is the
hate speech behavior, the act which people use to
hurt even threaten other people, as envisaged in the
article 28 of ITE law, contains the contempt, abuse,
and aspiration of someone, defamation, bad deed,
provocative, secretly instigated and instructed,
spreading false news.
Hate is a gesture of avoiding something in if
there is an unpleasant or despise event. Prophet
forbids the Muslims to hate each other not for the
sake of Allah, but as the basis of humanity. The
Muslims are brothers and sisters who suppose to
love each other without discriminating one another.
Hate is a forbidden act in the Islamic law. A believer
must be honest upon himself, and avoid to hate
because of their lust. (Dieb Al-Bugha Mustafha,
Mitsu Syaikh Muhyidin, 2012)
Allah said in Q.S Hujurat (49): 10
َ
ْ
ﲔ
َ
ـﺑ اﻮ
ُ
ﺤ
ِ
ﻠ
ْ
ﺻ
َ
ﺄ
َ
ﻓ
ٌ
ة
َ
ﻮ
ْ
ﺧ
ِ
إ
َ
نﻮ
ُ
ﻨ
ِ
ﻣ
ْ
ﺆ
ُ
ﻤ
ْ
ﻟا ﺎ
َ
ﱠ
ﳕ
ِ
إ
ْ
ﻢ
ُ
ﻜ
ْ
ﻳ
َ
ﻮ
َ
ﺧ
َ
أ
ۚ
◌
ْ
ﻢ
ُ
ﻜ
ﱠ
ﻠ
َ
ﻌ
َ
ﻟ
َ
ﻪ
ﱠ
ﻠﻟا اﻮ
ُ
ﻘ
ﱠ
ـﺗا
َ
و
َ
نﻮ
ُ
َ
ﲪ
ْ
ﺮ
ُ
ـﺗ
Translation:
“Only the believers (are) brothers, so make
peace between your brothers, and fear Allah so that
you may receive mercy.” (Departemen Agama RI,
2012)
One of the elements in an article about speech
hate is the spread of false news. The teaching of
Islam wants humans to conveys only true news
without manipulating the truth. People often see
some social media users quickly spread the word or
writing which contains prevarication. Islam
condemns those who speak untruth and hateful
words. Allah, in QS .Al-hajj (22): 30
ٌ
ﺮ
ْ
ـﻴ
َ
ﺧ
َ
ﻮ
ُ
ﻬ
َ
ـﻓ
ِ
ﻪ
ﱠ
ﻠﻟا
ِ
تﺎ
َ
ﻣ
ُ
ﺮ
ُ
ﺣ
ْ
ﻢ
ﱢ
ﻈ
َ
ﻌ
ُ
ـﻳ
ْ
ﻦ
َ
ﻣ
َ
و
َ
ﻚ
ِ
ﻟ
ٰ
َ
ذ
ِ
ﻪ
ﱢ
ﺑ
َ
ر
َ
ﺪ
ْ
ﻨ
ِ
ﻋ
ُ
ﻪ
َ
ﻟ
ۗ
◌ ﺎ
َ
ﻣ
ﱠ
ﻻ
ِ
إ
ُ
مﺎ
َ
ﻌ
ْ
ـﻧ
َ
ْ
ﻷا
ُ
ﻢ
ُ
ﻜ
َ
ﻟ
ْ
ﺖ
ﱠ
ﻠ
ِ
ﺣ
ُ
أ
َ
و
ْ
ﻢ
ُ
ﻜ
ْ
ﻴ
َ
ﻠ
َ
ﻋ
ٰ
ﻰ
َ
ﻠ
ْ
ـﺘ
ُ
ـﻳ
ۖ
◌
َ
ﻦ
ِ
ﻣ
َ
ﺲ
ْ
ﺟ
ﱢ
ﺮﻟا اﻮ
ُ
ﺒ
ِ
ﻨ
َ
ﺘ
ْ
ﺟﺎ
َ
ﻓ
ِ
رو
ﱡ
ﺰﻟا
َ
ل
ْ
ﻮ
َ
ـﻗ اﻮ
ُ
ﺒ
ِ
ﻨ
َ
ﺘ
ْ
ﺟا
َ
و
ِ
نﺎ
َ
ﺛ
ْ
و
َ
ْ
ﻷا
Translation:
“That [has been commanded], and whoever
honors the sacred ordinances of Allah - it is best for
him in the sight of his Lord. And permitted to you
are the grazing livestock, except what is recited to
you. So avoid the uncleanliness of idols and avoid
false .statement.” (Departemen Agama RI, 2012)
A prohibition to lie also found in some hadiths,
one of which is in Surah Ash-Shahihain recited by
Abi Bakrah the messenger, said:
“Shall I tell you about what the greatest among
sins? We answer: sure, yes you. He said: do syirik to
God and disobedience to both of parents in that time
he sat relying on, and he sat up and continued: from
his careful (against) falsely and perjury. He
constantly repeated until we said: may he be quiet.”
(Alu Syaikh Abdullah bin Muhammad, 2014)
A Muslim should check and search for the truth
of information before saying it for rumors can lead
to ghibah and result in big sin. It is stated in the
aversion in Q.S Al-Hujurat (49): 6
ٌ
ﻖ
ِ
ﺳﺎ
َ
ﻓ
ْ
ﻢ
ُ
ﻛ
َ
ءﺎ
َ
ﺟ
ْ
ن
ِ
إ اﻮ
ُ
ﻨ
َ
ﻣآ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا ﺎ
َ
ﻬ
ﱡ
ـﻳ
َ
أ ﺎ
َ
ﻳ
ٍ
ﺔ
َ
ﻟﺎ
َ
ﻬ
َ
ِ
ﲜ ﺎ
ً
ﻣ
ْ
ﻮ
َ
ـﻗ اﻮ
ُ
ﺒﻴ
ِ
ﺼ
ُ
ﺗ
ْ
ن
َ
أ اﻮ
ُ
ﻨ
ﱠ
ـﻴ
َ
ـﺒ
َ
ﺘ
َ
ـﻓ
ٍ
ﺈ
َ
ﺒ
َ
ﻨ
ِ
ﺑ
َ
ﲔ
ِ
ﻣ
ِ
دﺎ
َ
ﻧ
ْ
ﻢ
ُ
ﺘ
ْ
ﻠ
َ
ﻌ
َ
ـﻓ ﺎ
َ
ﻣ
ٰ
ﻰ
َ
ﻠ
َ
ﻋ اﻮ
ُ
ﺤ
ِ
ﺒ
ْ
ﺼ
ُ
ﺘ
َ
ـﻓ
Translation:
“O you who have believed, if there comes to you
a disobedient one with information, investigate, lest
you harm a people out of ignorance and become,
over what you have done, regretful.” (Departemen
Agama RI, 2012)
One should be careful in using social media as it
can cause defamation as written in the ITE law.
Islami firmly bans those who ridicule, slander, or
spread hatred among human beings. In Q.S Al-
Hujarat (49):11 mentioned:
Hate Speech in the Perspective of Islamic Law
367

ْ
ﻦ
ِ
ﻣ
ٌ
م
ْ
ﻮ
َ
ـﻗ
ْ
ﺮ
َ
ﺨ
ْ
ﺴ
َ
ﻳ
َ
ﻻ اﻮ
ُ
ﻨ
َ
ﻣآ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا ﺎ
َ
ﻬ
ﱡ
ـﻳ
َ
أ ﺎ
َ
ﻳ
ُ
ﻜ
َ
ﻳ
ْ
ن
َ
أ
ٰ
ﻰ
َ
ﺴ
َ
ﻋ
ٍ
م
ْ
ﻮ
َ
ـﻗ
َ
ﻻ
َ
و
ْ
ﻢ
ُ
ﻬ
ْ
ـﻨ
ِ
ﻣ ا
ً
ﺮ
ْ
ـﻴ
َ
ﺧ اﻮ
ُ
ﻧﻮ
ا
ً
ﺮ
ْ
ـﻴ
َ
ﺧ
ﱠ
ﻦ
ُ
ﻜ
َ
ﻳ
ْ
ن
َ
أ
ٰ
ﻰ
َ
ﺴ
َ
ﻋ
ٍ
ءﺎ
َ
ﺴ
ِ
ﻧ
ْ
ﻦ
ِ
ﻣ
ٌ
ءﺎ
َ
ﺴ
ِ
ﻧ
ﱠ
ﻦ
ُ
ﻬ
ْ
ـﻨ
ِ
ﻣ
ۖ
◌ او
ُ
ﺰ
َ
ـﺑﺎ
َ
ﻨ
َ
ـﺗ
َ
ﻻ
َ
و
ْ
ﻢ
ُ
ﻜ
َ
ﺴ
ُ
ﻔ
ْ
ـﻧ
َ
أ او
ُ
ﺰ
ِ
ﻤ
ْ
ﻠ
َ
ـﺗ
َ
ﻻ
َ
و
ِ
بﺎ
َ
ﻘ
ْ
ﻟ
َ
ْ
ﻷﺎ
ِ
ﺑ
ۖ
◌
َ
ﺪ
ْ
ﻌ
َ
ـﺑ
ُ
قﻮ
ُ
ﺴ
ُ
ﻔ
ْ
ﻟا
ُ
ﻢ
ْ
ﺳ
ِ
ﻻا
َ
ﺲ
ْ
ﺌ
ِ
ﺑ
ِ
نﺎ
َ
ﳝ
ِ
ْ
ﻹا
ۚ
◌
ُ
ﻢ
ُ
ﻫ
َ
ﻚ
ِ
ﺌ
ٰ
َ
ﻟو
ُ
ﺄ
َ
ﻓ
ْ
ﺐ
ُ
ﺘ
َ
ـﻳ
ْ
َ
ﱂ
ْ
ﻦ
َ
ﻣ
َ
و
َ
نﻮ
ُ
ﻤ
ِ
ﻟﺎ
ﱠ
ﻈﻟا
Translation:
“O you who have believed, let not a people
ridicule [another] people; perhaps they may be better
than them, nor let women ridicule [other] women;
perhaps they may be better than them. And do not
insult one another and do not call each other by
[offensive] nicknames. Wretched is the name of
disobedience after [one's] faith. And whoever does
not repent - then it is those who are the wrongdoers.”
(Departemen Agama RI, 2012)
Q.S At-Taubah (9): 79 also tells us how the word
of God prohibits to look down and despise other
Muslims who are powerless. It increases them in
aversion:
ِ
ﰲ
َ
ﲔ
ِ
ﻨ
ِ
ﻣ
ْ
ﺆ
ُ
ﻤ
ْ
ﻟا
َ
ﻦ
ِ
ﻣ
َ
ﲔ
ِ
ﻋ
ﱢ
ﻮ
ﱠ
ﻄ
ُ
ﻤ
ْ
ﻟا
َ
نو
ُ
ﺰ
ِ
ﻤ
ْ
ﻠ
َ
ـﻳ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا
ْ
ﻢ
ُ
ﻫ
َ
ﺪ
ْ
ﻬ
ُ
ﺟ
ﱠ
ﻻ
ِ
إ
َ
نو
ُ
ﺪ
ِ
َ
ﳚ
َ
ﻻ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا
َ
و
ِ
تﺎ
َ
ﻗ
َ
ﺪ
ﱠ
ﺼﻟا
ْ
ﻢ
ُ
ﻬ
ْ
ـﻨ
ِ
ﻣ
َ
نو
ُ
ﺮ
َ
ﺨ
ْ
ﺴ
َ
ﻴ
َ
ـﻓ
ۙ
◌
ْ
ﻢ
ُ
ﻬ
ْ
ـﻨ
ِ
ﻣ
ُ
ﻪ
ﱠ
ﻠﻟا
َ
ﺮ
ِ
ﺨ
َ
ﺳ
ٌ
با
َ
ﺬ
َ
ﻋ
ْ
ﻢ
ُ
َ
ﳍ
َ
و
ٌ
ﻢﻴ
ِ
ﻟ
َ
أ
Translation:
“Those who criticize the contributors among the
believers concerning [their] charities and [criticize]
the ones who find nothing [to spend] except their
effort, so they ridicule them - Allah will ridicule
them, and they will have a painful punishment.”
(Departemen Agama RI, 2012)
An explanation of the believer also stated in Q.S
At-Taubah paragraph 79: a group of people should
not mock another group with either words or action
and one may not denounce themselves to be better
than others. Allah SWT mentions that it Muslims are
obliged to remind other Muslims.
3.1 Sacred Religious Advice
Commission of the MUI
Seeing the development of information and
communication technology that can provide
convenience for people to communicate and obtain
information, among others, can strengthen
friendship, for economic activities, education and
other positive activities. The use of social media is
certainly not only a positive impact, but can also
have a negative impact in the community where the
use of digital media, especially social media based in
the community is often not accompanied by
responsibility so that it is often a means of
disseminating incorrect information, hoax¸ slander,
harassment, name, gossip, distortion of facts, hate
speech, hostility, confusion, false information, and
other prohibited things that cause social disharmony.
Based on the above considerations, the Fatwa
Commission of the Indonesian Ulema Council has
established a fatwa on laws and guidelines based on
social media to be used as a guide for the
community in the use of social media. In addition,
the Indonesian Ulema Council provides fatwas on
the utterance of hate based on the Qur'an, such as:
a. The Word of Allah SWT who commands the
importance of tabayyun (clarification) when
obtaining information, (QS. Al-Hujurat: 6)
ٍ
ﺈ
َ
ﺒ
َ
ﻨ
ِ
ﺑ
ٌ
ﻖ
ِ
ﺳﺎ
َ
ﻓ
ْ
ﻢ
ُ
ﻛ
َ
ءﺎ
َ
ﺟ
ْ
ن
ِ
إ اﻮ
ُ
ﻨ
َ
ﻣآ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا ﺎ
َ
ﻬ
ﱡ
ـﻳ
َ
أ ﺎ
َ
ﻳ
اﻮ
ُ
ﺤ
ِ
ﺒ
ْ
ﺼ
ُ
ﺘ
َ
ـﻓ
ٍ
ﺔ
َ
ﻟﺎ
َ
ﻬ
َ
ِ
ﲜ ﺎ
ً
ﻣ
ْ
ﻮ
َ
ـﻗ اﻮ
ُ
ﺒﻴ
ِ
ﺼ
ُ
ﺗ
ْ
ن
َ
أ اﻮ
ُ
ﻨ
ﱠ
ـﻴ
َ
ـﺒ
َ
ﺘ
َ
ـﻓ
َ
ﲔ
ِ
ﻣ
ِ
دﺎ
َ
ﻧ
ْ
ﻢ
ُ
ﺘ
ْ
ﻠ
َ
ﻌ
َ
ـﻓ ﺎ
َ
ﻣ
ٰ
ﻰ
َ
ﻠ
َ
ﻋ
Translation:
“ O ye who believe, if the wicked come to you
with a message, then examine carefully so that you
do not cause a disaster to a people without knowing
the circumstances that cause you to regret your
actions.”
b.The Word of Allah SWT which forbids to spread
prejudice and suspicion, seek bad people, and
gossip, (Surat an-Nur 16)
ْ
ن
َ
أ ﺎ
َ
ﻨ
َ
ﻟ
ُ
نﻮ
ُ
ﻜ
َ
ﻳ ﺎ
َ
ﻣ
ْ
ﻢ
ُ
ﺘ
ْ
ﻠ
ُ
ـﻗ
ُ
ﻩﻮ
ُ
ﻤ
ُ
ﺘ
ْ
ﻌ
ِ
َ
ﲰ
ْ
ذ
ِ
إ
َ
ﻻ
ْ
ﻮ
َ
ﻟ
َ
و
ٌ
ﻢﻴ
ِ
ﻈ
َ
ﻋ
ٌ
نﺎ
َ
ﺘ
ْ
ﻬ
ُ
ـﺑ ا
َ
ﺬ
ٰ
َ
ﻫ
َ
ﻚ
َ
ﻧﺎ
َ
ﺤ
ْ
ﺒ
ُ
ﺳ ا
َ
ﺬ
ٰ
َ
ِ

َ
ﻢ
ﱠ
ﻠ
َ
ﻜ
َ
ﺘ
َ
ـﻧ
Translation:
“ And why don't you say, when you hear the hoax:
"It is not appropriate for us to say this, Most Holy of
You (Our Lord), this is a big lie".
(Surat an-Nur 19)
ICRI 2018 - International Conference Recent Innovation
368

َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا
ِ
ﰲ
ُ
ﺔ
َ
ﺸ
ِ
ﺣﺎ
َ
ﻔ
ْ
ﻟا
َ
ﻊﻴ
ِ
ﺸ
َ
ﺗ
ْ
ن
َ
أ
َ
نﻮ
ﱡ
ﺒ
ِ
ُ
ﳛ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا
ﱠ
ن
ِ
إ
ِ
ة
َ
ﺮ
ِ
ﺧ
ْ
ﻵا
َ
و ﺎ
َ
ﻴ
ْ
ـﻧ
ﱡ
ﺪﻟا
ِ
ﰲ
ٌ
ﻢﻴ
ِ
ﻟ
َ
أ
ٌ
با
َ
ﺬ
َ
ﻋ
ْ
ﻢ
ُ
َ
ﳍ اﻮ
ُ
ﻨ
َ
ﻣآ
ۚ
◌
ُ
ﻪ
ﱠ
ﻠﻟا
َ
و
ُ
ﻢ
َ
ﻠ
ْ
ﻌ
َ
ـﻳ
َ
نﻮ
ُ
ﻤ
َ
ﻠ
ْ
ﻌ
َ
ـﺗ
َ
ﻻ
ْ
ﻢ
ُ
ﺘ
ْ
ـﻧ
َ
أ
َ
و
Translation:
“Surely those who wish that (the news) a very
cruel act will be spread among those who
believe, for them a painful punishment in the
world and in the hereafter. And God knows,
while, you don't know.”
c. The Word of Allah SWT which affirms the
ugliness of cursers and detractors and the
prohibition of following them. (Surat al-
Maidah: 8)
ِ
ﻂ
ْ
ﺴ
ِ
ﻘ
ْ
ﻟﺎ
ِ
ﺑ
َ
ءا
َ
ﺪ
َ
ﻬ
ُ
ﺷ
ِ
ﻪ
ﱠ
ﻠ
ِ
ﻟ
َ
ﲔ
ِ
ﻣا
ﱠ
ﻮ
َ
ـﻗ اﻮ
ُ
ﻧﻮ
ُ
ﻛ اﻮ
ُ
ﻨ
َ
ﻣآ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا ﺎ
َ
ﻬ
ﱡ
ـﻳ
َ
أ ﺎ
َ
ﻳ
ۖ
◌
ٰ
ﻰ
َ
ﻠ
َ
ﻋ
ٍ
م
ْ
ﻮ
َ
ـﻗ
ُ
نﺂ
َ
ﻨ
َ
ﺷ
ْ
ﻢ
ُ
ﻜ
ﱠ
ﻨ
َ
ﻣ
ِ
ﺮ
ْ
َ
ﳚ
َ
ﻻ
َ
و اﻮ
ُ
ﻟ
ِ
ﺪ
ْ
ﻌ
َ
ـﺗ
ﱠ
ﻻ
َ
أ
ۚ
◌
ٰ
ى
َ
ﻮ
ْ
ﻘ
ﱠ
ـﺘﻠ
ِ
ﻟ
ُ
ب
َ
ﺮ
ْ
ـﻗ
َ
أ
َ
ﻮ
ُ
ﻫ اﻮ
ُ
ﻟ
ِ
ﺪ
ْ
ﻋا
ۖ
◌
َ
ﻪ
ﱠ
ﻠﻟا اﻮ
ُ
ﻘ
ﱠ
ـﺗا
َ
و
ۚ
◌
َ
ﻪ
ﱠ
ﻠﻟا
ﱠ
ن
ِ
إ
َ
نﻮ
ُ
ﻠ
َ
ﻤ
ْ
ﻌ
َ
ـﺗ
ﺎ
َ
ِ
ﲟ
ٌ
ﲑ
ِ
ﺒ
َ
ﺧ
Translation:
“O ye who believe! You should be the ones who
always uphold (the truth) because of Allah, be
witnesses justly. And do not your hatred for any
people, encourage you to act unjustly. Apply is
fair, because fair is closer to piety. And fear Allah,
for Allah is the Knower of what you do.”
The Word of Allah SWT which explains that the
act of hurting the believers without the mistakes they
commit is sin, (Surah al-Ahzab: 58)
ﺎ
َ
ﻣ
ِ
ْ
ﲑ
َ
ﻐ
ِ
ﺑ
ِ
تﺎ
َ
ﻨ
ِ
ﻣ
ْ
ﺆ
ُ
ﻤ
ْ
ﻟا
َ
و
َ
ﲔ
ِ
ﻨ
ِ
ﻣ
ْ
ﺆ
ُ
ﻤ
ْ
ﻟا
َ
نو
ُ
ذ
ْ
ﺆ
ُ
ـﻳ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا
َ
و
ﺎ
ً
ﻨﻴ
ِ
ﺒ
ُ
ﻣ ﺎ
ً
ْ
ﲦ
ِ
إ
َ
و ﺎ
ً
ﻧﺎ
َ
ﺘ
ْ
ﻬ
ُ
ـﺑ اﻮ
ُ
ﻠ
َ
ﻤ
َ
ﺘ
ْ
ﺣا
ِ
ﺪ
َ
ﻘ
َ
ـﻓ
اﻮ
ُ
ﺒ
َ
ﺴ
َ
ﺘ
ْ
ﻛا
Translation:
“And those who hurt the believers and aspire
without the mistakes they make, then surely they
have borne lies and real sins.”
Indonesian Ulema Council (MUI) has explained
about hate speech following the MUI fatwa speech
about the consequences of spreading hate speech:
“Making and spreading hoax, hatred, ghibah,
provocation, disgrace, profanity and other things
related to attacking someone’s personal life is
considered to be haram (prohibited). According to
MUI, anyone who has done these things should seek
forgiveness and repent to Allah SWT and to the
person, people, and group that they hurt or attack.
MUI issued guidelines on how to use social media
appropriately without harming by spreading hate
speech, the guidelines published in number 24 the
year 2017 about the regulation and law of social
media use. The chairman of MUI, Ma’ruf Amin,
said that the law is made based on the concern of the
phenomenon of hate speech that happens every day
and considered to be dangerous if the power of law
does not restrict it.
Commission of MUI said every Muslim who use
social media as a tool of communication, is not
allowed to broadcast any action which related to
provocative action, tendency to divide the nation,
attacking another group of religion, and contribute in
destructive action toward religion, race, and
intergroup.
It is evident that hate speech through social media is
not in line with the principles of Islam, It is far from
the value of ideology in Islam. Muslims are expected
to take advantage of social media as one of the
means to expand and strengthen the relationship
between each other. However, the use of social
media nowadays is fragile and easily misused by
certain people that is why MUI initiates a law to
regulates the possible misconduct in the free of law
platform such as social media.
3.2 Notch Friendships within Islam
Allah created humans with a definite purpose that is
to spread love and kindness in the world as a
reflection of God’s greatness thus we, humans being
are expected to love and cherish one another in a
good, respectful way as it is emphasized in Q.S Ali-
Imran (3):10:
ْ
ﻢ
ُ
ُ
ﳍا
َ
ﻮ
ْ
ﻣ
َ
أ
ْ
ﻢ
ُ
ﻬ
ْ
ـﻨ
َ
ﻋ
َ
ِ
ﲏ
ْ
ﻐ
ُ
ـﺗ
ْ
ﻦ
َ
ﻟ او
ُ
ﺮ
َ
ﻔ
َ
ﻛ
َ
ﻦﻳ
ِ
ﺬ
ﱠ
ﻟا
ﱠ
ن
ِ
إ
ﺎ
ً
ﺌ
ْ
ﻴ
َ
ﺷ
ِ
ﻪ
ﱠ
ﻠﻟا
َ
ﻦ
ِ
ﻣ
ْ
ﻢ
ُ
ﻫ
ُ
د
َ
ﻻ
ْ
و
َ
أ
َ
ﻻ
َ
و
ۖ
◌
ْ
ﻢ
ُ
ﻫ
َ
ﻚ
ِ
ﺌ
ٰ
َ
ﻟو
ُ
أ
َ
و
ِ
رﺎ
ﱠ
ﻨﻟا
ُ
دﻮ
ُ
ﻗ
َ
و
Translation:
“Indeed, those who disbelieve - never will their
wealth or their children avail them against Allah at
all. And it is they who are fuel for the Fire.”
(Ministry of Religious Affair, 2012)
Social media can be a multi-function platform and a
helping tool for people to make their work easier
Hate Speech in the Perspective of Islamic Law
369

only if it used wisely by its users. Thus, the use of
social media in expressing opinions must be done
wisely. How much better the thoughts conveyed are
positive thoughts that can bring progress and
goodness. Not to mutually drop and demean one
another. Be a wise society in using social media by
conveying positive thoughts.
3.3 Noble Moral as Solution
Noble attitude has an essential to prevent hate
speech through social media. What is meant by
noble attitude is the ability of a person to refrain
themselves from saying the hateful statement,
protecting their tongue from hurting one another,
and always spread positivity into their daily lives.
Prophet Muhammad SAW (PBUH) has
commanded people to learn to practice the act of
nobility; he said: Fear Allah SWT, and follow him
for He will bestow you the virtue of morality. Satan
loves to lurk the man who talks too much, and when
one cannot control themselves from talkativeness,
Satan will drag them into misbehavior.
People need to be aware that God watches all of
His servants in every single activity they do on a
daily basis, including in the social media. Therefore,
one should be aware of not spreading hatred which
can lead to other harmful things and tear humanity
apart. Like said in the Q.S Qaf (50):18 regarding the
supervisions of Allah:
ٌ
ﺐﻴ
ِ
ﻗ
َ
ر
ِ
ﻪ
ْ
ﻳ
َ
ﺪ
َ
ﻟ
ﱠ
ﻻ
ِ
إ
ٍ
ل
ْ
ﻮ
َ
ـﻗ
ْ
ﻦ
ِ
ﻣ
ُ
ﻆ
ِ
ﻔ
ْ
ﻠ
َ
ـﻳ ﺎ
َ
ﻣ
ٌ
ﺪﻴ
ِ
ﺘ
َ
ﻋ
Translation:
“Man does not utter any word except that with
him is an observer prepared [to record].”
(Departemen Agama RI, 2012)
Hence, the messenger reminds us of lust in our
utterance, as is in hadith below:
"Abu Hurairah listened the messenger said,
indeed servant saying the words without thought as a
result. And that is because of the sentence; he threw
up into fire further of the east end of. (Bukhari and
Muslim)". (Abdul Baqi Muhammad Fuad, 2013)
Islam teaches us to continue to maintain moral
noble and establish in our lives. In cyberspace, we as
users of social media are always required to include
a good moral value to interact with people.
One hadith mentioned about Umar, the son of
Hafsh, deliver his father talk, from Al-Amasy, from
Syaqiq Masruq, said, you are not a bad nor people
who like to teach vile things, and the best among
you are the one who loves to do good things(
Bukhari). (Abu Abdullah Muhammad bin Ismail al-
Bukhari, 2012) Al-Ghazali said, according to some
clergy, among the characteristics of attitude, noble is
an act of preventing self to do evil, hates to hurt
other people, always do good deed, telling the truth,
to talk less but work more, is not repeating the same
mistake, and not bother other people businesses.
Syaikh, son of Sadi, said, morality is an attitude
that is built over patience, tenderness, the ability to
praise other rather than look other people down, and
enjoy to share. Human is a social creature that is
why they need one another to make social
interaction. Thus, it will be beautiful if people can
live side by side without judging and attacking each
other. (Fathullah Ahmad Lutfi, 2014) To create
harmony in human interaction, one must consider
applying courtesy and morality because the key to a
healthy relationship is investing respect among each
other.
4 CONCLUSION
The existence of social media does not always have
a positive impact because social media contributes to
the increasing cases of cybercrime in the form of
hate speech. Hate speech has been regulated in the
law number 11 the year 2008 about information and
electronic transaction (ITE Law) article 28 section 2:
“Any person who knowingly and without
authority disseminates information aimed at
inflicting hatred or dimension on individuals and
certain groups of community-based on ethnic
groups, religions, and inter-groups(SARA).”
POLRI has issued a circular letter number: SE
/6/X/ 2015 on the handling of hate speech.
According to the letter, resorting to insults,
smearing, blasphemy, provocations, slander,
instigation, spreading of lies aimed at provoking
discriminatory actions, violence, murder, and social
conflicts are categorized as hate speech.
a. All kinds of deeds which contain hate are against
Islamic values.
b. Indonesian Ulema Council (MUI) has issued a
fatwa about prohibiting hate speech acts.
c. To stem or prevent the rise of hate speech in
social media, Islam offers a critical solution that
is to practice the noble character towards human
beings which the value is taken from the Qur'an
and hadith.
d. Majelis Ulama Indonesia (MUI) issued about
religious advice commission of the extravagant
people perform the act of hate speech.
ICRI 2018 - International Conference Recent Innovation
370

To prevent the hate speech from happening in
the social media, Islam offers the critical name to a
practice that is akhlaq to be possessed by each one
of a human being.
REFERENCES
Abdul Baqi Muhammad Fuad. 2013. Mutiara Hadits
Sahih Bukhari Muslim. Jakarta: Ummul Qura.
Abu Abdullah Muhammad bin Ismail al-Bukhari. 2012.
Ensiklopedia Hadits Shahih Al-Bukhari 2. Jakarta:
Almahira.
Alu Syaikh Abdullah bin Muhammad. 2014. Tafsir Ibnu
Katsir (Vol. VI). Jakarta: Pustaka Imam Syafi'i.
Departemen Agama RI. 2012. Al-Qur'an Transliterasi
Latin dan Terjemah Indonesia. Jakarta: Suara Agung.
Dieb Al-Bugha Mustafha, Mitsu Syaikh Muhyidin. 2012.
Al-Wafi Syarah Hadits Arba'in Imam Nawawi. Jakarta:
Pustaka Al-Kautsar.
Fathullah Ahmad Lutfi. (2014). Selangkah Lagi Anda
Masuk Surga Tuntunan Nabi untuk Meraih Surga
Abadi. Jakarta: Almahira.
Mangantibe Veisy. 2016. Ujaran Kebencian dalam Surat
Edaran Kapolri No: SE/6/x/2015 Tentang
Penanganan Ucapan Kebencian (Hate Speech). Lex
Crimen.
Sumayyah binti Muhammad Al Ansyariyyah. 2013.
Menggapai Surga Tertinggi dengan Akhlak Mulia.
Bogor: Darul Ilmi.
Ummu Ihsan, al-Atsari Abu Ihsan. 2014. Aktualisasi
Akhlak Muslim. Jakarta: Pustaka Imam Syafi'i.
Hate Speech in the Perspective of Islamic Law
371