In book Madinat al-Ma’ajiz, we have a hadith that Imam Hasan (‘a) traveled to a non-Islamic country during the time of Imam Ali (‘a), as the ambassador of the Islamic government. The king of that country showed the Prophet statues of the divine prophets to the Imam, and the Imam interpreted these statues as idols. Later, during the era of the minor occultation and decrees were issued by the Master of the Time (‘a), it was discussed whether there was a problem with keeping and buying and selling statues? The Imam says that if the ancestors of the person who makes and sells the statue were idolaters, there is a problem, otherwise there is nothing wrong. This is the course of developments that have taken place in the Islamic society.

Note: The jurisprudence of art, like other emerging jurisprudences, has its own assumptions and foundations. But perhaps it is rare to find a contemporary jurisprudence whose assumptions and foundations are as influential in its jurisprudential propositions as the jurisprudence of art. In this regard, we spoke with Hujjat al-lslam wa al-Muslimin Sayyid Mahdi Narimani, a member of the academic staff of the Theology Department of Mufid University. In this conversation, the senior teacher of the Qum Seminary tried to point out some of the most important assumptions and foundations of this emerging jurisprudence. The details of the conversation with the Vice President of Education at Mufid University are as follows:

-What are the most important foundations of the jurisprudence of art? What assumptions have led to the current fatwas of the official jurisprudential stream in the seminary?

Mr. Narimani: Regarding the jurisprudence of art, there are a series of principles and assumptions that require examination and understanding. Here, I will mention some of these assumptions. Of course, these principles are not necessarily the opinion of jurists; rather, some of these assumptions exist in the public view. Some authorities also issue fatwas based on this social understanding of art.

The first assumption is: Why should art be considered and what is the existential philosophy of art? Some consider art to be a luxury, fashionable, and unnecessary commodity and believe that when a person is unemployed and has no specific work, he turns to art. This is a view in our society. Others consider art to be a serious issue and a tool for building culture and consider its use essential. In his opinion, if you do not use this tool and do not present your concepts in this format, your voice will not be heard. These two views have different effects on the issuance of fatwas by jurists. Given that jurists pay more attention to the customary view in issuing fatwas, this issue must be clarified as a basis and the position of art and its existential philosophy must be determined.

The second premise in the jurisprudence of art, especially in images and films, and in which there is a difference between Shi’i and Sunni, is whether what is forbidden in the outside world and in other than films and photographs is also forbidden in films and photographs or not? For example, if you believe that looking at the hair of a non-mahram Muslim woman is forbidden, is looking at her photograph also forbidden? Some jurists hold this view, but some do not. Therefore, they say that although in the outside world and in reality, looking at a non-mahram Muslim woman is forbidden, the prohibition of looking at that woman’s photograph, image or film depends on the truth of the violation of that woman’s sanctity. If there is a corruption in this view or the violation of that woman’s sanctity, it is not permissible, otherwise there is no problem.Therefore, this discussion is an important discussion as to whether the religious ruling on images, photographs and films and the religious ruling on the real world may be two different things, or whatever is forbidden in the real world is also forbidden in the world of images and films?

The third assumption that we should pay attention to in the fatwa is that although in the real world, lying is forbidden for people and everyone condemns it rationally, we see this lie happening in the movie and someone who does not have children in the real world has many children in the movie or vice versa. No one says that this is a lie. The audience, the actor, and all the film crew have accepted these assumptions.

Some assumptions have been accepted, although sometimes these assumptions are neglected. For example, someone who plays a negative role in a movie and some people feel uncomfortable seeing him even though he was only playing a role or, conversely, someone who plays a positive role in a movie is liked by people. The fact that actors are only acting and this is different from the real and true world is neglected. The source of this error and neglect may also be human emotions.In any case, we must take into account the assumption that our audience knows that this film is not real.

Another assumption is that actors are also forced to use words to convey a concept and meaning that may be problematic in the real world. For example, proposing to a married woman is forbidden in the real world; but in the film, this woman plays the role of a single woman who has a suitor. Now, can we say that this is also forbidden in the film or not? Or even if in a film, a woman who is married in reality and even in the film is proposed to in order to show the ugliness of this matter and its corruption, is there a problem?

Or if a person lies in the film, he is deprived of justice and the rules of justice and fairness should not be imposed on him until he repents. Considering these assumptions, it is necessary to answer the questions. Or in a film, an actor commits a wicked act, should he repent later?

If an actor in a film causes fear and terror in the hearts of people, are there specific real-world rulings that apply to him?

If he causes a decrease in the sales of goods or services by broadcasting an inappropriate scene, such as preparing food in an unsanitary way, is that a guarantee? It is necessary for jurists to pay attention to these assumptions when issuing fatwas.

Sometimes, to convey a concept in non-film and cinema arts, such as novels, stories, and writings, literature is used that if said in the real world, would be exaggeration. Now, if someone in the world of fiction wrote a story or script or exaggerated the virtues of the Ahl al-Bayt or various social issues, would the rulings of exaggeration be imposed on this person? And such issues that sometimes require considering these assumptions, act in that context and issue a fatwa based on these assumptions.

It seems that, considering the conditions of place and time and the developments that have occurred in the field of art, the evidence should be reviewed more carefully to discover the ruling on these issues; that is, the Imams (peace be upon them) had certain assumptions in expressing the issues and issued rulings based on them. Now, are those rulings applicable to our time, which has other assumptions or not?

– With the existing assumptions and principles, is it possible to deliver on the existing fatwas in the jurisprudence of art? Why? What suggestions do you have to increase the effectiveness of the jurisprudence of art?

Narimani: These require a complete and comprehensive review. It is necessary for people who are capable in this field to enter the jurisprudence of art as soon as possible. Of course, we should not be drawn to extremes or excesses. We should not degrade jurisprudence from its great position and try to make everything permissible, or on the other hand, seek to be strict and difficult.

I will give an example to bring to mind. Regarding the image and statue in the book Madinat al-Ma’ajiz, we have a hadith that Imam Hasan (‘a) traveled to a non-Islamic country during the time of Imam Ali (‘a), as the ambassador of the Islamic state. The king of that country showed the Imam statues of the divine prophets and the Imam interpreted these statues as idols.

Later, during the period of minor occultation and the issuance of decrees from the Holy Prophet (s), it is discussed whether there is a problem with keeping and buying and selling statues. The Holy Prophet (s) says that if the ancestors of the person who makes and sells the statue were idolaters, there is a problem, and otherwise it is not. This is the course of developments that have taken place in the Islamic society.

Sometimes, with the changes in the subject that have occurred, the Ahl al-Bayt (s) have also dealt with the ruling differently and distinctly. The great jurists and the late Imam have discussed the effect of time and place on inference in detail. In the past, even the scholars of Akhbari, based on the changing conditions of time and place, have given different fatwas from previous periods, so this point is very necessary.

This discussion is part of the electronic magazine “Principles of Art Jurisprudence” which was produced in cooperation with the School of Art Jurisprudence and the Ijtihad Network website.