Hojjat al-Islam wal-Muslemin Yasser Aminian in a Commentary:

Titles of sanctity in the jurisprudence of arts/19

Although the prohibition of lahw—defined as any act performed for enjoyment without a specific rational purpose—is considered a rare opinion, if this definition is qualified with “being accompanied by intense joy or exhilaration,” such a fatwa is not unique and can apply to dance, music, or other arts that evoke such feelings.

The fatwas of jurists regarding artistic works have a long history, and throughout jurisprudential texts, various jurisprudential concepts have been identified as rendering an artistic work prohibited. However, these concepts have never been systematically compiled into a single cohesive document. Hojjat al-Islam wal-Muslemin Yasser Aminian, a professor of advanced levels at the Qom Seminary, has endeavored in this exclusive commentary to not only compile these concepts but also categorize them in a novel manner. The full text of this commentary by the professor and researcher of the Qom Seminary is presented below:

The prohibited concepts that may apply to an artistic work can be categorized as follows:

A. Primary Concepts

  1. Playing Certain Instruments In narrations, specific instruments such as the drum and flute are mentioned [1], and engagement with them is prohibited. Thus, a jurist may attribute a specific ruling to these instruments and prohibit their use without deeming music as a whole forbidden.
  2. Music The prohibition of music, or more precisely, the prohibition of instruments of amusement (ālāt-e lahw), has long been a topic among Shia jurists. However, in contemporary times, the prevailing view among jurists is that music is not absolutely prohibited; rather, the prohibition is limited to exhilarating or frivolous music [2].
  3. Ghinā (Singing) Ghinā, or melodious singing, has also long been considered a prohibited concept. However, there are significant and impactful disagreements among jurists regarding its definition and nature [3].
  4. Painting and Sculpture The prohibition of all forms of painting or sculpture, or specifically sculpture, or the prohibition of painting and sculpture when depicting living beings, and similar fatwas, have been addressed by jurists since early times [4].
  5. Dance There is little disagreement among jurists on this matter. Early jurists addressed it sparingly, while later jurists have predominantly ruled it prohibited.

B. Secondary Concepts

  1. Lahw (Frivolity) Although the prohibition of lahw—defined as any act performed for enjoyment without a specific rational purpose—is considered a rare opinion, if this definition is qualified with “being accompanied by intense joy or exhilaration,” such a fatwa is not unique [5]. This can apply to dance, music, or other arts that evoke such feelings.
  2. Arousing Lust According to many fatwas, any act that arouses lust in oneself or others, outside the context of spousal relations, is prohibited [6]. This concept can apply to performance arts such as theater, film, as well as novels, poetry, and similar forms.
  3. Imitation of the Opposite Gender According to some fatwas, wearing the clothing or adornments of the opposite gender is prohibited. However, many contemporary jurists limit this prohibition to cases where a person adopts the attire of the opposite gender as their own clothing or adornment [7]. Certain performance arts may fall under this concept.
  4. Defamation of Honor and Dignity If an art form, such as poetry, defames the honor or dignity of a believer, that act is deemed prohibited. Consequently, many jurists have ruled that tashbīb (describing the beauty of a specific woman) and mentioning it in poetry is forbidden [8]. Defaming the dignity of a group or ethnicity can also fall under this category and be deemed prohibited.
  5. Misguidance (Iḍlāl) If an art form carries a corrupt or misleading message in fundamental or overarching ideas—such as promoting disbelief, atheism, or deviant ideologies—or undermines religion, creates doubt in true beliefs, or destroys innate moral values and principles in a way that qualifies as “misguiding” (muḍill), it is deemed prohibited. Misguiding others from the path of truth is indisputably forbidden [9].
  6. Promoting Immorality If an artistic work promotes vices in society, it falls under the category of spreading immorality (ishā‘at al-fuḥshā), which is deemed prohibited [10].
  7. Inciting Sedition If an artistic work causes discord in society—for example, if a poem or film fosters division among ethnic groups within a country or fuels political controversies leading to street unrest—it is deemed prohibited [11].
  8. Desecration of Sacred Matters If an artistic work violates the sanctity of sacred matters, such as the dignity of prophets or saints, it is deemed prohibited due to desecration or disparagement of sacred matters. According to some authorities, depicting the faces of the Infallibles in performance arts falls under this category.
  9. Undermining the Islamic System An artistic work that exaggerates weaknesses, engages in what is today called “blackening” (siyāh-namāyī), or amplifies the strengths of the enemies of the Islamic system, thereby weakening it, may be deemed prohibited.

C. Governmental Concepts

  1. Promoting Frivolity While an individual’s engagement with an art form (e.g., music) may not be deemed prohibited, a government’s involvement in it—such as promoting it through official media or allocating financial and human resources to its propagation—may be deemed prohibited. The difference between this concept and the previous ones is that the latter apply to the artistic work itself, whereas this concept pertains to the government’s involvement in an art form and its expenditure of resources on it.

In conclusion, it should be noted that listing these concepts does not imply their endorsement. Rather, the aim was to compile the concepts that a jurist might apply to an artistic work. Additionally, when applying any of these prohibited concepts to artistic works, utmost care must be taken in identifying the subject matter, and no haste should be exercised.


References:

[1] Al-Kāfī, vol. 6, p. 432

[2] Majma‘ al-Fā’ida wa al-Burhān, vol. 12, p. 343; Masā’il Jadīd az Dīdgāh-e ‘Ulamā wa Marāji‘-e Taqlīd, vol. 3, p. 95

[3] Al-Makāsib, vol. 1, p. 285

[4] Al-Makāsib, vol. 1, p. 183

[5] Al-Badr al-Zāhir fī Ṣalāt al-Jum‘a wa al-Musāfir, p. 298

[6] Al-Makāsib al-Muḥashshā, vol. 2, p. 202; Mabānī Minhāj al-Ṣāliḥīn, vol. 7, p. 202

[7] Al-‘Urwa al-Wuthqā, vol. 2, p. 351

[8] Al-Makāsib, vol. 1, p. 177

[9] Miṣbāḥ al-Fiqāha, vol. 1, p. 255

[10] Al-Makāsib al-Muḥarrama li al-Imām al-Khomeinī, vol. 1, p. 203

[11] Īṣāl al-Ṭālib, vol. 3, p. 290

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