Note: Ijtihad in art jurisprudence, like any other emerging jurisprudence, is based on presuppositions. These presuppositions are not specific to the jurisprudence of art, nor are they even specific to the knowledge of jurisprudence, but are present in all non-empirical knowledge. For innovation in art jurisprudence, changing these presuppositions can lead the way. Hujjat-ul-Islam wal-Muslimin Yasir Aminiyan, prof. of higher levels of Qum seminary, has written a note on this subject that you see in the following:

Although the title of art, which is called “Fan” in Arabic today, is not included in Shari’ah rules, but some examples of it, such as sculpture, painting, singing, etc., are listed as belonging to Shari’ah rules. In a general summary of these rulings, it can be said that most of the branches of art have not been encouraged, whether their rulings were prohibited or forbidden. According to these rulings, this image has been formed in the mind that Islam does not have a positive opinion about art. Maybe the biographer of Shari’ah also confirms this picture; Because throughout the history of Islam, the majority of believers did not pay attention to these branches of art, and only in limited cases such as composing religious poems, gilding and reciting the Qur’an, architecture of mosques, and – in recent centuries – reciting elegies and recitations, we see the entry of religious scholars into the field of art.

With the civilizational developments of recent centuries and the proliferation of art fields and the strengthening of its function in human life, we have seen more luck and a feeling of need for art. This issue, in addition to the change that has been observed in some common fatwas, such as the impurity of the people of the book (by revising the interpretation of the evidence) or the invalidation of the sale of impurity (considering that now some impurity, such as blood, has a rational benefit), raises the question whether can this change be made in the field of art as well? In this note, the ways that lead to this change are mentioned:

2.Denial of supervision of Shari’ah texts for our time: if we believe that Islam is an eternal religion; However, the rulings expressed by the previous Imams, peace be upon them, were based on the time of those nobles and the conditions like that time [1] and as a result, with the change of civilization and the difference in conditions, the previous texts, especially those in political, social and cultural matters, were introduced. They have no authority; On the contrary, it is necessary to obtain a duty from the mam at the same time, which is not possible due to absence, in this case, we will be in the space of obstruction of the rulings, and the scope for applying opinion in deriving the rulings will be opened, and it is possible for the jurist to take a positive and encouraging approach to reach the art.

2.Changing the real topic: by accepting the principle of supervision of texts for all ages and eras, we may believe in this lack of supervision in some branches of art. For example, in the case of sculpture that has been prohibited, let us consider that the real property of the prohibition is not the essence of that title; Rather, for example, sculpting, which is the introduction and promoter of idolatry, belongs to Nahi. That is, with the analysis that the time when these texts were issued was not far from the age of idolatry, and the reason was the return of people to the habits and culture of ignorance, the Shari’ah forbade sculpting, while in the current age, when this suspicion does not exist, sculpting is no longer prohibited. [2] In other words, the nature of sculpture is not corruptive; Rather, the statue has found a negative and corrupting function at some point in time, and according to its function, it has become the property of Nehi; But with the change of this function in the present time, the sentence also changes.

3.Secondary titles: assuming the monitoring of texts and no change in the subject of the reason, we may believe that some branches of art are preferred, which according to the first ruling, were neither forbidden nor preferred, such as painting. That is, if the juristic inference was that painting is permissible; But it does not have a preference or priority, considering the secondary titles, it can be given priority; Titles such as the promotion and propagation of religion, mourning for Sayyid al-Shuhada’, peace be upon him, etc.; Therefore, it can be said that learning the art of painting and using it for the purpose of the mentioned titles is encouraged by the Holy Shari’ah.

4.Emancipation from backgrounds: It has been seen in the collection of jurisprudence and fatwas that sometimes, at some point in time, a fatwa becomes widespread and even reaches the level of fame; But in the opinion of the latter, it loses its validity and as a result, that reputation is destroyed and sometimes even the reputation is concluded against it [3]. The reason for this occurrence and deterioration of reputations requires a separate investigation; But it warns the mujtahid to empty his mind of these reputations during inference; Because the opinions of the predecessors, especially if they have spread in the mind and popular culture, can cause bias and lack of correct understanding of the evidence.

This note is a part of the electronic magazine “Mabadi’ Fiqh al-fan” which was produced in collaboration with the School of Fiqh al-fan and the Ijtihad Network website.

[1] As mentioned in some hadiths:”Every Imam is a guide to the Qur’an that is in them”.

[2]. For example, Imam al-Zaman, may Allah bless him and grant him peace, Farjah al-Sharif, in response to someone who asked about the narrations indicating the abhorrence of praying in front of fire, said: This prohibition is related to people whose fathers were fire worshipers. (Ihtjaj, Tabarsi, vol. 2, p. 480) Although those hadiths are absolute in this respect, for example: “Abi al-Hasan al-Qal said: The question is about the man who prays and the prayer is placed between the hands in the qiblah.” It is not right for him to accept the fire” (Wasail al-Shia Har Ameli, vol. 5, p. 166)

[3] For example, famous people in the past considered keeping the statue haram, while popular among contemporaries, it is permissible. (Minhaj al-Fiqahah, Rouhani, vol. 4, p. 266) or famous among the ancients, it is the immediate obligation to perform the prayer, and famous among the later, it is not an immediate obligation. (Fundamentals of Minhaj al-Salihin, Qami, vol. 5, p. 126) or popularly among the ancients, the determination of the tasbih is in bowing and prostration, but popularly among the later, it is the absolute sufficiency of zikr. (Fiqh al-Sadegh, Rouhani, vol.22, p. 323)