Introduction
The knowledge of jurisprudential rules, compared to related disciplines such as jurisprudence (fiqh) and principles of jurisprudence (usul al-fiqh), has a shorter history, making it a challenging area to address. This difficulty is compounded when dealing with emerging fields like media jurisprudence. To explore the rules of media jurisprudence, we turned to Hojjat al-Islam Mohammad Qotbi. Over decades of diverse activities, he has consistently prioritized media as one of his key concerns. As the head of the Eshraq Creativity and Innovation Center, he has emphasized the media component in nearly all his roles, from deputy governor to head of the Isfahan Propagation Office and director of the Eshraq Center. Years of management and research have established him as a media theorist. Although his focus has been less on jurisprudential knowledge, when discussing media jurisprudential rules, he proposed rules—whether correct or not—that are rarely addressed in jurisprudential circles. As the head of the Art and Creative Industries Working Group at the Islamic Research Center of the Parliament, he highlighted approximately 20 specific or widely applicable rules in media jurisprudence during this exclusive interview, providing examples for each.
Contemporary Jurisprudence: What are the rules of media jurisprudence?
Qotbi: The discussion of jurisprudential rules in the history of Shia jurisprudence and the jurisprudential system is grounded in a profound logic with a precise and extensive scope. We have two categories of rules: principles of jurisprudence (usul), which are part of the deduction process, and jurisprudential rules (qawa’id fiqhiyya). What scholars and luminaries refer to as jurisprudential rules are those that encompass a general ruling applicable to multiple instances.
Regarding jurisprudential rules, jurists have various discussions. For instance, the late Sheikh Bahai recognized over 300 jurisprudential rules, while some scholars accept between 50 to 60 rules. Ayatollah Mazaheri, for example, lists 14 jurisprudential rules in his book on the subject. Some scholars adopt a stricter approach, aiming to identify precise, definitive, and profound rules, resulting in fewer rules, while others include a greater number. These rules also vary in their instances, with some having more and others fewer applications.
Jurisprudential rules can perhaps be categorized into general and specific rules. General jurisprudential rules are applicable across various chapters of jurisprudence, such as the rule of “no harm” (la darar), which, if considered a jurisprudential rule, applies to health, economics, architecture, urban planning, and more. In contrast, specific rules are applicable only to a particular chapter of jurisprudence.
Contemporary Jurisprudence: What are the specific rules of media jurisprudence, and can you name a few?
Qotbi: I believe that insisting on designing specific rules for media or other topics with a narrower scope may not be very successful. The reason is that when we extract a rule from religious texts and sources, it can apply to various contexts and be used in multiple areas, making it practically impossible or difficult to limit it to one chapter. However, we can say that in terms of prominent or primary instances, a rule may be more relevant to a specific domain. For example, the rule of “no harm” (la darar) is particularly prominent in health and economics but can still apply to other jurisprudential chapters. Similarly, the rules of “negation of domination” (nafy sabil) and “negation of authority” (nafy sultah) are more relevant in foreign policy, international relations, and interfaith or intercultural interactions, though they can also apply to personal life. For instance, if a Muslim woman marries a non-believer, she violates this rule by formally allowing a non-believer to dominate her life within the framework of marriage. On a smaller scale, if I place my child under the tutelage of a non-Muslim teacher, this rule may prohibit it if domination or authority is established, rendering the act forbidden. However, in cases where no such domination exists—for example, if I am a medical PhD student with a non-Muslim professor who has little theological influence over me—we may rely on another rule, such as “seek knowledge even if it is in China” (utlub al-‘ilm wa law bi al-Sin), which encourages openness to knowledge and learning. This could be a valuable rule today.
To summarize, we may not be able to focus heavily on specific rules, but rules with prominent instances in media jurisprudence can be considered part of media jurisprudence. In my view, media jurisprudence includes several critical rules, and I will mention a few:
Rule of Tradition-Making (Tasnin): One of the rules of media jurisprudence is the rule of tradition-making or establishing customs (tasnin or tasannun), which is mentioned in the Quran and the practices of the infallible Imams (peace be upon them). The essence of this rule is that if someone establishes a tradition or promotes a religious value, they will benefit from the rewards of people acting upon that tradition over time. This rule has instances in worship, customs, rituals, education, and societal development. In media today, we urgently need this rule of tradition-making. For example, in recent years, sending blessings upon Prophet Muhammad and his family (salawat) at the start of news broadcasts has become a media tradition. We could even consider programs like Mahfel or Mu’alli, which create media rituals, as instances of this rule.
I have also made suggestions regarding virtual spaces. In my view, we can create media rituals in these spaces as well. For instance, one media ritual I personally practice is media abstinence (imsak), where I refrain from using social media one day a week, except for necessary work-related communications. Avoiding casual browsing in virtual spaces is itself a media ritual or tradition.
Rule of Inviting to Goodness (Da’wa ila al-Khayr): This rule is highly relevant in media. Given that media serves as a megaphone and a communicative space, it can effectively promote goodness, making this rule particularly significant in media contexts.
Rule of Clarification (Tabyeen): This rule, derived from verse 187 of Surah Al-Imran, means we are obligated to clarify the religion. The term mubin (clarifier) appears in phrases like kitab mubin (clear book), imam mubin (clear leader), and din mubin (clear religion), indicating a duty to explain. This rule plays a fundamental role in media.
Rule of Regulating Rituals (Tanzim Sha’a’ir): There are numerous verses and narrations on this topic. The role of exalting religious rituals in media is highly significant.
Contemporary Jurisprudence: What are the general but widely applicable rules in media jurisprudence?
Qotbi: Rule of Prioritizing the More Important over the Important (Ahamm wa Muhimm): One rule that can be widely used in media today, and which I believe should even be applied collectively, is the rule of prioritizing the more important over the important. For example, while many religious, intellectual, and social topics are important, on the day of Ashura, matters related to the martyrdom of Imam Hussein (peace be upon him) take greater precedence. Similarly, on the Night of Power (Laylat al-Qadr), we could broadcast Quran recitations all night, which is important, but it is more important to broadcast Quranic supplications so that people at home can participate in these rituals alongside the media.
Rule of Obligatory Prevention of Greater Harm by Lesser Harm (Wujub Daf’ Afsad bi Fasad): Alongside the rule of prioritizing the more important, we have the rule of preventing greater harm by lesser harm, which is highly relevant in media. For example, if we broadcast a film with some flaws but are certain it prevents a worse act while promoting a positive value, it falls under this rule.
Rule of Order and Discipline (Nizam wa Intizam): For instance, television and radio broadcast the call to prayer (adhan) at prescribed times across all channels, serving as a basis for prayer, breaking the fast, and other devotional acts. Similarly, when Eid al-Fitr is announced, everyone breaks their fast accordingly. This is an example of the order and discipline that media must uphold.
Rule of Steadfastness in Action (Istiqama fi al-‘Amal): Also known as the rule of perseverance in work, this means that any task must be performed firmly, seriously, precisely, and systematically. This is particularly important in media.
Rule of Respect and Reverence (Takrim wa Tawqir): We must honor our elders and respect the dignity of older men and women. This is highly relevant in media. For example, in news broadcasts, adhering to this rule may mean starting with news about an elder before moving to news about children, or out of respect for children, beginning with their news. This principle is even more significant in films and series.
Rule of the Virtue of Community (Fadl al-Jama’a): This rule highlights the merit of fostering community and gatherings, and media can greatly contribute to this, especially today when social media platforms can create groups that embody this virtue. According to this rule, establishing a group may be preferable to a channel, as a channel merely gathers people, while a group assigns them roles.
Rule of Cohesion and Unity (Piwastagi wa Yekparchegi): This is highly relevant in media.
Rule of Seeking Growth (Roshd Talabi wa Roshd Khwahi): This plays a key role in program production.
Rule of Modesty and Chastity (Haya wa Istihya’ wa Istifaf): In media, this pertains to how women or program hosts dress and perform, ensuring their actions align with modesty.
Rule of Presumption of Permissibility (Asalat al-Sahha): In media, which can be a source of many prohibited acts, this rule has significant application.
Rule of the Muslim Community’s Market (Suq al-Muslimin): This rule may also be extended to media contexts.
Rule of Upholding the Dignity of the Islamic System (Shan-e Nizam-e Islami): In fatwas by the Supreme Leader, when asked about music, he states that music leading to misguidance is forbidden. Regarding broadcasting music on television, he notes that it does not befit the dignity of the Islamic system. Here, the rule of “upholding the dignity of the Islamic system” applies. For example, showing musical instruments may not be inherently problematic, but if it contradicts the dignity of the Islamic system, it becomes forbidden.
Rule of Connection (Murabata): Verse 200 of Surah Al-Imran explicitly refers to connection and communication. Media today is a prominent example of murabata, encompassing both small-scale local or familial connections and international ones. Platforms like Instagram allow us to communicate with the world. Jurisprudentially, the rule of murabata permits establishing such connections, provided they adhere to conditions like avoiding domination (nafy sabil) or inciting desire.
Rule of Adornment (Zinat): This is an excellent rule for media. The verse “Take your adornment at every place of worship” (Quran 7:31) implies maintaining adornment in spiritual and communicative contexts. While not limited to worship, this can be applied as a general rule and is highly useful in media.
Rule of Strengthening the Heart (Tathbit Fu’ad): I believe media is a prominent and serious example of this rule, derived from verse 120 of Surah Hud, where the Quran tells the Prophet that it was revealed gradually to strengthen his heart: “to strengthen your heart thereby” (li-yathabbit bihi fu’adak). This indicates that gradual learning and continuous exposure to significant meanings, concepts, or teachings, such as the Quran, lead to strengthening the heart. If this applies to the Prophet, it can apply to us as well. Thus, strengthening the heart involves delivering knowledge incrementally and consistently. God could have revealed the Quran all at once but chose to do so over 23 years to achieve this strengthening. Media can similarly engage in incremental, consistent activities to achieve this effect. In media psychology, it is noted that delivering content gradually draws the audience in over time. Initially, they may resist or view it negatively, but eventually, they become engaged, moving from shared language to empathy and alignment.
Other rules, such as the rule of public interest (maslaha) or the prohibition of insulting sacred matters, are also mentioned by scholars and have significant implications in media.
Contemporary Jurisprudence: What method do you suggest for discovering specific rules of media jurisprudence?
Qotbi: I believe there are two approaches:
First, we can extract rules or build upon those already extracted by scholars, as this field remains open. We can then identify their instances in media. For example, the rule of connection (murabata) relates to media by enabling the creation of social networks, or the rule of order (nizam) is critical in media, especially in live broadcasts.
The second approach is to start with media itself, analyzing its dimensions and aspects to identify what is significant and central, addressing key and fundamental questions that recur in media. For these, we can develop rules. If a rule already exists, that is fortunate; if not, we can rely on general rules.
For instance, when we see that media must sometimes depict undesirable matters to prevent worse outcomes, we arrive at the rule of prioritizing the more important (ahamm wa muhimm) or preventing greater harm by lesser harm (daf’ afsad bi fasad). Similarly, when we realize that media cannot broadcast a lengthy two-hour lesson but must break it into short posts or captions for greater impact and visibility, we seek a religious basis and arrive at the rule of strengthening the heart (tathbit fu’ad), which in education is known as micro-learning or crystalline learning.
I would also add that in the field of media, focusing on rules may yield greater success than addressing specific rulings alone. Media encompasses a vast social domain. In the past, it was limited to television and radio, reaching perhaps a hundred or a thousand people, allowing us to simply tell them what is permissible or forbidden, what to do or avoid. Today, however, media is accessible to all segments of society. In modern media, people are no longer merely consumers; through liking, following, posting, and commenting, they also produce content and must therefore adhere to media-related rulings. We cannot address the rulings for every single instance given their sheer number. Instead, we should educate people about jurisprudential rules, promoting media rulings in society through the framework of these rules so that individuals can identify specific cases themselves based on their capabilities. Fortunately, people today are well-educated and capable of identifying instances, though they still require guidance and education.