Since art jurisprudence has been discussed less as a jurisprudential chapter so far, the headings and titles of its chapters are also unknown. In the meantime, although various suggestions have been made for the headings of this jurisprudential chapter, due to the newness of this jurisprudential chapter, there is still no clear agreement on it by scholars of art jurisprudence.
However, whatever division is considered for art jurisprudence, one of its headings, or in more conservative terms, at least one of the topics that this jurisprudential chapter will address seriously and extensively, is “the jurisprudence of drama.”
Drama, however, is a two-faced term. On the one hand, it can be considered to mean “to expose to view”, in which case it is no longer exclusive to film, cinema and theater and includes everything that can be displayed, even if that thing is an art such as music, painting, sculpture, etc. It seems that this meaning of “display” is more suitable for media jurisprudence than art jurisprudence; because it is media jurisprudence that focuses on transmitting a message and therefore display will be doubly important for it.
On the other hand, display can be considered to mean “performing arts”; arts that include theater, television and cinema and whose focus is on the art itself, not its “display”; therefore, if a film or theater is not screened or performed in a theater, it is still a “display”, even though it is not displayed!
Again, the meaning of “display” in this magazine is also its artistic meaning, that is, the performing arts; Arts that are so important that they have two shares among the seven arts (theater and cinema) and also their media meaning, meaning to show.
The magazine “Fiqh al-Ard” tries to present essays in this joint heading of “Fiqh al-Fan” and “Fiqh al-l’lam”, essays that mostly deal with the less-covered aspects of the Fiqh al-Ard, and its volume is the size of an electronic magazine.
In this magazine, we first discussed the nature and scope of the jurisprudence of performance. Adding the word “jurisprudence” to the beginning of the word “performance,” as has been repeatedly stated in this article, does not mean at all that we consider “jurisprudence of performance” as a jurisprudence chapter. Rather, at present and with the volume of issues it contains, it clearly cannot be considered a jurisprudence chapter, but rather it is merely a heading of a jurisprudence chapter. Jurisprudence of performance, of course, where it deals with the category of performance itself, falls under the jurisprudence of art, and where its presentation (=screening) is considered, it falls under the subcategory of media jurisprudence. But in any case, it is necessary to clarify the meaning of this word and the scope of its issues.
Later, we examined the challenges of jurisprudence of performance. These challenges are mostly dedicated to the challenges between performers and jurists; Challenges that, due to the great influence of the performing arts and its use of other areas of art, such as music, have a larger volume than other topics in the jurisprudence of art.
The magazine “Fiqh-e-Namayesh” continues to analyze five issues of the jurisprudence of performance, which, although related to both the jurisprudence of art and the jurisprudence of the media, in some cases its media aspect increases.
The first issue is “the display of naked and semi-naked men in the media.” This issue is important because in the category of hijab, more attention has been paid to the hijab of women and less attention has been paid to the necessary hijab for men. Here, however, the focus is on the obligatory limit of hijab for men and, more importantly, the ruling on the display of men who do not observe this hijab or are content with its necessity. In this issue and four other issues, the most important opinions of the jurists on the issue are first reported, and then in two discussions and a note, its various angles have been analyzed.
The second issue is “resemblance to the opposite sex in films and plays.”This issue is of concern both from a jurisprudential perspective, in terms of the narrations that prohibit resembling the opposite sex, and from an artistic perspective, it has been a challenge for the artistic community for years to decide whether to award the best actress award to an actor who has played the role of the opposite sex or the best actor award?! With the effort to equalize gender awards in festivals related to the performing arts, although this challenge is gradually disappearing from the artistic community, it still remains strong in the knowledge of jurisprudence.
The third issue is “showing Iranian and non-Iranian women who are not wearing a hijab or are not wearing a hijab.”Although the issue of women’s hijab has a long history, the ruling on “showing” it does not have much precedent. On the other hand, as is evident from the title of the issue, this issue is not specific to Iranian or Muslim women and examines the issue in general.
The fourth issue is “Women’s use of wigs in the sight of men.” Although the use of wigs has a long history among both women and men, in the performing arts it is commonly used to bring the actor’s face closer to the role. The question now is whether it is permissible for women to use wigs and display them to the general public, both men and women.
The final issue of the five issues deals with “the difference between live and non-live broadcasts in the rulings on looking.” The reason for this question is the fatwas of recent jurists, many of whom have distinguished between the ruling on looking at live and non-live broadcasts of non-mahram images.
In examining these five issues, as was stated in the opening issue, first the opinions of the jurists are reported and then each of these issues is addressed in the form of two discussions and a note.
The final issue that is attempted to be considered in all electronic journals is “future research in the jurisprudence of drama.” What questions will the jurisprudence of drama face in the next century; what should be done to answer these questions; and in general, the effort to transform the jurisprudence approach to this field from passive to active.
This journal is the result of the synergy of the Center for Contemporary Jurisprudence Studies, the School of Jurisprudence of Art, and the Ijtihad Network website. Hopefully, it will be accepted by God, the One and will satisfy Imam al-Mahdi (‘a). Amen.