Contemporary Jurisprudence

Muh. Sadiq Layravi

Perhaps, if we consider art jurisprudence as the most challenging chapter of newly emerging jurisprudence, we have not said too much. The attractiveness of the category of art and the extent of its influence among people is so much that it can be said that all human beings are somehow involved and interacting with it. In this regard, one of the topics that has become a challenge in art jurisprudence for many years is the thematics of these topics. Some artists believe that some jurisprudential fatwas are due to the mufti's unfamiliarity with the issue, otherwise, if the issue were clear to him, he would not have issued such a fatwa. For instance, they believe that basically writing a play and screenplay is a lip service to the unreality of the story. Thus, lies are not allowed in plays and screenplays. Likewise, the presence of several tens and sometimes hundreds of people in the filming scene along with multiple cameras and various people who are involved in the scene in some way, basically takes the opportunity of the actors to seriously intend to express romantic statements. Consequently, the ruling regarding the sanctity of saying romantic sentences between non-mahram actors will be irrelevant. In the meantime, one of the best people to talk about this issue is Hujjatul Islam Muh. Sadiq Layravi, the director of the Center for Islamic Media Research. He has also been present in this center for many years in various responsibilities, and of course, before becoming the president, he was also in charge of the basic research office of this center, where all jurisprudential activities were concentrated in this office. The exclusive conversation of Ijtihad Network with the director of Islamic Media Research Center is as follows:

What is the role of thematics in art jurisprudence?

Mr. Layravi: In every chapter of jurisprudence, thematics is important; for rulings are subject to nouns, and until the subjects and nouns are not precisely specified, the ruling is not in its true position; Thus, in the jurisprudence of art, artistic issues must be precisely determined and worked on until the rulings that are expressed are exactly in their true place. For the time being, many of the differences that exist between jurists and artists are due to the fact that artists do not know the jurisprudential topics and titles of art, and jurists do not know the topics precisely; Therefore, it is possible to say rulings that are not true; Because their subjects are not specified. This is a mission that must be pursued by both artists and jurists. Therefore, thematics in art jurisprudence is very important like other chapters.

It seems that many fatwas of jurists, such as the existence of falsehood in literature, the serious intention of romantic sentences exchanged between the actors of the role of husband and wife, etc., are caused by the incorrectness of the precise thematics of art. Do you agree with this statement? What should be done to solve it?

Mr. Layravi: Sure, exactly, I agree with the statement that the issues are not well explained and the issues are not resolved properly. These must be checked by committed experts and then told to the jurist and the jurist must act on the verdict. As long as the topics are not explained, the rulings are not in their true position; Therefore, serious work should be done in this area until the problems are solved.

Why do jurists not pay attention to the opinions of artists in relation to the nature and dimensions of their art, despite the promise of expert opinion?

Mr. Layravi: Of course, this may have various reasons; But the main reason may be that every artist does not necessarily have the ability to analyze; It means that someone is an artist; But he is not an artist. An artist must explain these issues and prepare them for a jurisprudential ruling, and in order for this artist to have a serious understanding with the jurists, first of all, the jurists must trust these experts and the artists must have a commitment to examine the issues accurately. If the jurists trust the artist and the artist has enough expertise in this field, and if they have a dialogue and understanding with each other, many problems will be solved and trust will be achieved. Our current problem is that jurists do not trust artists and do not consider these artists as artists. If the jurisprudence of the artist is verified as well as their commitment and religion, there is no reason why the jurisprudents should not trust such jurisprudence, and this is only possible through understanding.

Is it necessary for a jurist to get information about art himself to know art subjects, or can he simply rely on the opinion of committed artists?

Mr. Layravi: If the jurist himself has a little familiarity with artistic topics, it will definitely help him in identifying the issues, and the minimum is that he will understand the language of the artist’s words and know what the starting point is when the artist speaks and understand the content and the topic completely. Therefore, the jurist’s familiarity with artistic subjects will help to discuss thematics and finally to issue rulings. If our jurist, who has a little familiarity with art topics, he will have a language of understanding with an artist.

How do you evaluate the measures taken by jurists for the thematics of artistic issues?

Mr. Layravi: Maybe not much has been done about the jurists. Of course, a conference was held in the past few years on the subject of art jurisprudence, where good topics were discussed and these topics have continued. Apart from this conference, there is another center called the thematic center of jurisprudence rulings, which conducts thematic work in various chapters of jurisprudential issues; But in my opinion, due to the widespread distribution of jurisprudential issues in the field of art jurisprudence issues, due to the relationship we had with them, no special work has been done in this area yet. It seems that Broadcasting and especially the General Directorate of Islamic Research of Broadcasting, which is the center of communication between the seminary and the Islamic Republic of Broadcasting, can play a role in this area and examine artistic issues and everything related to art and make them available to jurists.

This interview is a part of the electronic magazine “Fundamentals of Art Jurisprudence” which was produced in collaboration with the School of Jurisprudence of Art and the Ijtihad Network website.