03 February 2006
Dubai: A UAE lawyer has asked the Organisation of Islamic Conference (OIC) to intervene and solve the controversy sparked by a Danish newspaper, which published offensive cartoons of Prophet Mohammad (PBUH)."What the Danish and Norwegian newspapers did is unforgivable. It is not only an insult, but these newspapers are trying to increase their sales," said Ali Abdullah Al Shamsi.
The situation has to be "wisely rectified through diplomatic channels", Al Shamsi told Gulf News.
Concerning legal action, he said the newspapers "should be taken to court", but through proper channels.
He said the judicial authorities in Denmark turned down a number of lawyers from Kuwait and other Arab countries who tried to sue the newspaper.
It was reported earlier that the editor in chief of Jyllands-Posten newspaper had apologised for publishing the cartoons.
Sudanese lawyer Omar Al Rasheed said: "Eventually, this is a libel case committed against Islam and Muslims. The newspaper must be taken to court."
He said Islam respects freedom of all religions. "It is a religion of peace and forgiveness that accepts and respects other religions. Yet, Islam and Muslims refuse to insult or be insulted," he said.
Having spent more than three years in the UAE, Al Rasheed said the UN resolutions call on mutual respect among different religions. "The UN, OIC, and Muslim organisations [worldwide], official and nonofficial, must act quickly and take the required legal action against the newspaper," he said.
Ebrahim Al Mulla, a UAE lawyer, described the Danish newspaper's wrongdoing as "a crime against faith".
"Any Muslim or non-Muslim can sue the newspaper, and especially in Islamic countries. But facts differ from one place to another," he said.
Al Mulla said as part of its "political play and media propaganda", the newspaper considered the caricature "an act of freedom of expression".
"Insulting religions is a major offence that's incriminated by most international laws, and some countries give stiff punishments for this sort of crime," he said.
Hassan Mattar, an Egyptian lawyer who has been working in Dubai for two years, said: "We as Muslims should sue the Danish newspaper because it blasphemed our religion."
The newspaper must be shut down forever, because it insulted Islam, the Prophet and all the Muslims around the world. "The apology is not enough and it doesn't heal the feelings of millions of Muslims who were offended by the cartoons," said Mattar.
He said the newspaper must be shut down so that other publications consider the "serious, unacceptable and dreadful error that was committed".
Such cartoons are not considered a freedom of expression, Mattar said. "Because freedom of expression does not mean insulting a person, a religion or a religious symbol."
Hamdi Al Sheewi, a renowned lawyer, said, "The newspaper should be sued and could be sued anywhere in the world because the news was broadcast worldwide and it is considered a libel case."
He said if the Prophet was insulted then this means that all the Muslims were offended.
Mahmoud Abdul Mohsen Nijm, Egyptian Legal Consultant, said the newspaper has utilised its authority to insult the Prophet.
"The offenders should be taken to the international court of justice for that. Freedom of expression does not grant the right to anyone to offend any religion," he said.
The newspaper intentionally scoffed at Islam and Muslims with the caricature that was published, he added.
Nijm, who is based in Dubai, said the international law prohibits the media from "disrespecting and belittling religions and prophets".
"The Danish newspaper must be sued and shut down temporarily for its unacceptable error. However, if the offence is repeated, it should be shut down completely," he said.
He called on prosecuting any media outlet that "publishes blasphemous material".
Slander
Lawyer to take legal action against paper. UAE lawyer Abdul Hamid Al Kumity decided to take legal action against Jyllands-Posten, the Danish newspaper that published cartoons ridiculing Prophet Mohammad (PBUH).
He complained to the Dubai Public Prosecution saying that the newspaper, its managing director and editor-in-chief slandered Islam and the Prophet.
"In the material that it published, the newspaper was implicating that Islam is a religion of terrorism and violence," said Al Kumity.
He said it is a crime against religious faiths and rituals stipulated in Federal Penal Code No. 3 of 1997, in articles 312, 315 and 322. Article No 7 of the UAE's Temporary Constitution stipulates Islam is the country's official religion and the Islamic Sharia is the main source of legislation. Article No 32 states that "the freedom of performing religious rituals are protected on condition such rituals are not in breach of the country's general order and public morals".
By Bassam Za'za'
Gulf News 2006. All rights reserved.
