Mostafa Qaneatgar in an Exclusive Commentary:

Titles of sanctity in the jurisprudence of arts/24

Contemporary jurists and researchers have had the opportunity to leverage the valuable efforts of earlier, middle, and later jurists, utilizing modern tools for searching (in lexicography, Quranic verses, exegeses, narrations, and juristic arguments) and critically re-examining the views of their esteemed predecessors without fear. This has allowed them to approach the issue of lahw (frivolity) in jurisprudential methodologies and deductions with greater accuracy. On one hand, this is significant; on the other, considering the lofty, ethical, and religion-promoting functions of artistic works in our time, doubts about applying the concept of prohibited lahw to artistic instances have increased and, in some cases, have been resolved in favor of permissibility.

Although the concept of lahw has often been used as a basis for prohibiting various acts, it has never been deeply analyzed as an independent topic within the discipline of jurisprudence. This has resulted in neither a consensus on its meaning nor an agreement on its application in deriving rulings. Mostafa Qaneatgar, a researcher at the Mashhad Seminary, seeks in this exclusive commentary to explore the meaning of lahw and its application in prohibiting artistic works. His analysis yields intriguing results, as outlined in his commentary.

The issue is to what extent a jurist can rely on the capacity of the concept of lahw to prohibit artistic works. Three major challenging questions suggest that this capacity should not be overestimated:

  1. What is lahw?
  2. What is the ruling of lahw?
  3. Which prohibited lahw applies to artistic works?

Although jurists like Sheikh Ansari considered the general rule of “absolute prohibition of lahw” as established, jurists such as Naraqi, Iravani, Borujerdi, Imam Khomeini, Milani, and Khoei do not accept such an absolute prohibition.

Based on post-modern research, it is not possible to establish a general rule of prohibition for lahw from its Quranic and narrational applications, nor can a definitive, comprehensive linguistic meaning for lahw be asserted. Contemporary jurists and researchers have had the opportunity to leverage the valuable efforts of earlier, middle, and later jurists, utilizing modern tools for searching (in lexicography, Quranic verses, exegeses, narrations, and juristic arguments) and critically re-examining the views of their esteemed predecessors without fear. This has allowed them to approach the issue of lahw in jurisprudential methodologies and deductions with greater accuracy. On one hand, this is significant; on the other, considering the lofty, ethical, and religion-promoting functions of artistic works in our time, doubts about applying the concept of prohibited lahw to artistic instances have increased and, in some cases, have been resolved in favor of permissibility.

Artistic productions (painting, music, literature, performance arts, visual arts, etc.) are not necessarily prohibited. Artistic endeavors that lead to sin are undoubtedly forbidden, and viewing, listening to, or reading them (depending on the type of work) is also prohibited. However, there is no evidence for prohibiting the production or consumption of other artistic works. There is even no evidence for prohibiting arts that evoke intense joy in the audience.

Linguistically, lahw often refers to any form of entertainment or play. However, it is likely clear even to contemporary jurisprudential scholars that, based on this broad definition, it cannot be said that all lahw is prohibited. Yet, referring to the works of middle and later jurists confirms such a prohibition in their view. Various other definitions of lahw have also been proposed. In any case, the linguistic and, consequently, jurisprudential diversity in defining “what lahw is” is evident to jurisprudential researchers, indicating that the first step in prohibiting artistic works as lahw is flawed.

The second step fares no better: regardless of the meaning assigned to lahw, what is its ruling or rulings? Here, too, arguments based on Quranic verses and narrations to prove the absolute or even predominant prohibition of lahw instances have proven ineffective.

In the third step, particularly in the present era, the challenges are tenfold! Esteemed religious films, enduring Shia paintings, acclaimed and endorsed value-based novels, and ritually approved music have earned a reputable standing in jurisprudence.

It can be boldly stated that lahw, even if considered a foundational concept for prohibiting certain matters, cannot play a role in prohibiting the production or consumption of artistic works. In the actual practice of issuing fatwas by esteemed jurists, we observe the same. If they have prohibited a film, sculpture, painting, music, or artistic writing, it is due to other reasons, such as undermining religion, desecrating sacred matters, association with frivolous gatherings, or inciting sexual or lustful impulses.

It can be said that lahw cannot be relied upon as a prohibitive factor for artistic works.

Source: External Source