Introduction
One of the needs of nascent jurisprudences, for the better resolution of their issues, is the establishment of jurisprudential principles specific to these domains. Jurisprudential principles, whether one accepts them or not, help to bring discipline and systematization to the domains of Fiqh. In the Fiqh of Media, owing to its nascent nature, not many jurisprudential principles have been presented. However, Ayatollah Sayyid Mojtaba noormofidi believes that the issues of Fiqh of Media today are completely different from those of the past and therefore require new jurisprudential principles. According to this professor of advanced kharij Fiqh and Usul at the Qom Seminary, some matters that were once considered incidental to media have now become intrinsic to it. The President of the Research Institute for Contemporary Jurisprudence, in this exclusive interview, analyzes contemporary Fiqh and its jurisprudential principles.
Contemporary Jurisprudence: What is Fiqh of Media and what matters does it encompass?
noormofidi: Fiqh of Media is one of the annectant jurisprudences that has been receiving more attention these days. Naturally, the subject of Fiqh and its definition are known. If Fiqh is defined as the law for this life and the hereafter—as some have said—or the set of laws prescribed for regulating human life, then it naturally also includes the domain of human communication with others, because media means communication tools. In fact, media truly means the means by which communication with others is established. The subject of communication itself is a very important topic and has its own preliminaries. Communication itself is very important, and naturally, the tools of communication are also very important and have their own requisites. Therefore, when communication is one of the most important aspects of human life, Fiqh cannot be without a position regarding this dimension of life, and certainly, in the path of the objectives that Fiqh pursues, attention to this dimension of human life is of great importance.
When we say “media” and consider it a means of communication, the scope of its communication is so vast that today, in a sense, it even includes the telephone, because that too is a communication device! It is true that there may be a specific perception of media, but the word, in its truest sense, also encompasses these tools.
On the other hand, Fiqh has undergone developments, and media has also undergone transformations. Therefore, we must see whether the developments and transformations that have occurred in Fiqh have been in line with the transformations that have occurred in the arena of media or not.
Today, media is not considered in isolation; rather, we have something called multimedia. This is a phenomenon that, according to some, is related to the postmodern world. Consequently, it is very important for Fiqh to keep pace and move in tandem with this category. Nowadays, media outlets have gained twofold importance, not only because they are tools and instruments of communication, but also because of the significant functions they possess. Therefore, the subject of media is very important for two reasons:
One is the very nature of media as a tool for communication and a means of correspondence, which is important in itself. The other subject that has doubled the importance of media is the functions that have been defined for it in this era. It can truly be said that media’s influence is at the level of a miracle. Well, such a category and phenomenon, especially in this time frame, is naturally very important, so all its dimensions, all its aspects, and all actions related to this arena must be weighed on the scales of the Shari’ah, and the religious proofs must clarify our perspective and behavior towards such a very, very magnificent phenomenon.
Contemporary Jurisprudence: What factors do you consider the most applicable principles in the Fiqh of Media?
noormofidi: Before we reach the arena of examining the principles of Fiqh of Media, we must pay attention to one point here, and that is the necessity of distinguishing between media ethics and the Fiqh of Media. In other words, we have a set of ethical principles or propositions regarding media, and we have a set of jurisprudential principles.
Media ethics and Fiqh of Media are very close to each other; they may even coincide in some areas. Therefore, we must have a standard and criterion for media ethics and Fiqh of Media, and consequently, for the principles related to these two arenas.
Some issues have been mentioned in the proofs, both in the verses of the Qur’an and in the narrations, and some of them have even been examined in jurisprudential books. But it is not clear whether these are considered principles of Fiqh of Media or are counted among media ethics. For example, the prohibition of disseminating falsehoods, which is certainly a highly applicable ruling in the media sphere, or the prohibition of rumor-mongering. Rumor-mongering is one of the things that is very prominent concerning media in today’s media landscape, has received much attention, and has also created a series of problems, which also existed in the distant past with traditional media. It is also explicitly mentioned in the Qur’an. The work of the hypocrites was to create rumors, and a verse of the Qur’an was revealed in this regard. Almighty God threatens that if they continue this work, then they will be dealt with harshly.
Today, we see that rumor-mongering is one of the important missions of media outlets that do not have much adherence to legal, ethical, and lawful commitments. Given this point, we can use the prohibition of rumor-mongering as a jurisprudential principle. Of course, perhaps its predominant or most frequent application is in the media sphere; perhaps it can even be said that this is its only application and it has no application elsewhere! Rumor-mongering, meaning the use of communication tools to spread a false and incorrect or wrong piece of information to achieve a specific goal, is possible in almost all visual and auditory media tools, and perhaps this is its only application. In the world, large media outlets and international media giants that have affiliations with certain intelligence services or specific countries and governments ignite great wars with this method, or they overthrow a government and incite people to revolt against someone. Therefore, in my opinion, it has the capacity to be a jurisprudential principle, although such a principle has not been mentioned among our jurisprudential principles so far.
Right here, someone might say that this is not a purely jurisprudential principle, but also has an ethical dimension. That is, in media ethics, it might be raised that some consider rumor-mongering an ethical matter.
I want to make a point, and it is that some matters that were once perhaps incidental to media have now become intrinsic to it. Here we must see how Fiqh wants to deal with this issue. For example, I was reading in the writings of some media professionals that Oriana Fallaci, a very famous Italian journalist who primarily interviewed renowned world leaders, had a particular method. When she sat down with a head of state or a political figure, she would try to do something to anger him, to draw him out of his outwardly calm shell, and, so to speak, reveal his inner nature. For instance, she says: “A year or two before the victory of the revolution, I conducted an interview with the Shah. The Shah had recently quit smoking, so as soon as I sat down for the interview, I placed my cigarettes and lighter on the table in front of him. With this action, I saw that the Shah became flustered.”
Now, the question is: can a media professional use this method, and are they permitted to do so, given that this is considered a professional principle in media? It is human nature to try to present oneself favorably in the eyes of others. It is also mentioned in our supplications: “O Allah, do not expose me through the hidden things of my secret self that You are aware of.” On the other hand, it is in our religious recommendations not to do things that would cause, for example, a decline in your character. On the other side, a media tool, in the past in person and today virtually, does things to anger the other party, such as falsely attributing a statement to them and publishing it on social networks. Is this act permissible according to the Shari’ah?
Today, issues related to media have become so complex that they have gone beyond the limits of the prohibition of mockery, the prohibition of backbiting, the prohibition of spreading rumors, and the like. Rather, new topics such as disclosure are at issue. These disclosures that are now being discussed, are they permissible or not? Currently, media outlets consider themselves the fourth or fifth estate of society and believe that based on the principle of public oversight over governance or, in religious terms, enjoining good and forbidding evil, it is necessary to expose injustices, corruptions, and deviations. Now, to what extent is this disclosure permissible? How far should it go? Is it only within the scope of their professional life, or does it also extend to their private life? For instance, for a media outlet to state that a certain person is not qualified to hold a certain position, does it have the right to enter their private sphere and reveal matters?
Another issue is flattery and sycophancy, which is very important. When the job of the media is to magnify some and diminish others, flattery and sycophancy also become part of its function. The media has now taken on strange and unusual missions. Today, we must enumerate the issues of Fiqh of Media and no longer suffice with some of the simple issues that were raised in the past. Today, very complex issues have entered the media sphere, such as image-building. Now, a segment of the media takes money and engages in image-building, meaning they make someone appear greater than they actually are. Is this act permissible?
These can be proposed as principles for the Fiqh of Media.