Introduction

The fundamental definition of media, why we should have media, the reasons for the obligation to establish media, who should be in charge of media management, what tasks and imperatives and prohibitions we should have regarding media management, what the perils of media are—slander, lies, and false accusations—these are the types of issues that can be among the main topics of Fiqh of Media. We have sat down for a conversation with Hujjat al-Islam wa al-Muslimin Qane on this matter.

Contemporary Jurisprudence: What is Fiqh of Media, and what is its difference from similar jurisprudential domains like Fiqh of Art, Fiqh of Cyberspace, and Fiqh of Culture?

Qane: If we consider media as a subject, which itself has sub-topics and sub-categories, the jurisprudence concerning the imperatives and prohibitions of this subject is called Fiqh of Media. The function of Fiqh, naturally, is to discern the imperatives and prohibitions through the use of the Qur’an, the Sunnah, and reason. The subject of this jurisprudential domain is media. It seems that the relationship between Fiqh of Media and the jurisprudential domains you mentioned is one of general and specific from one perspective. The nature of art is not the conveyance of a message, but it may sometimes also consider conveying a message, in which case it falls within Fiqh of Media. Similarly, cyberspace, if it is situated in the context of media and message conveyance, falls within Fiqh of Media; otherwise, its nature is not message conveyance. Fiqh of Culture is the same way; some of its subjects are media-related and others are not. Therefore, the relationship between Fiqh of Media and Fiqh of Culture will also be one of general and specific from one perspective.

Contemporary Jurisprudence: What methods exist for classifying the discussions of Fiqh of Media, and which is more effective?

Qane: I have not arrived at a rational and logical classification for Fiqh of Media; however, what has been done so far, and what I myself have done in the book Discourses on the Fiqh of Culture and Communications, has been an inductive classification. Of course, this induction has also been an incomplete induction, which can be completed by others.

Contemporary Jurisprudence: What are the main topics of Fiqh of Media?

Qane: I will mention some of the main topics that I have discussed in the book Fiqh of Culture and Communications. Of course, not all the topics in this book are related to Fiqh of Media. My meaning of media is also its minimal definition, which includes conventional media. Otherwise, if we consider the maximal definition, perhaps things like sculptures, in that they ultimately carry a message, would also be included in Fiqh of Media. But based on the minimal definition of Fiqh of Media, the following topics seem important:

• Conveyance of the Message: The issue of message conveyance is an important discussion presented in the second volume of the book Discourses on the Fiqh of Culture and Communications. One of the important discussions in the topic of message conveyance is its rational and Shar’i limitations. I have proposed nine principles as important principles in the conveyance of the message, which must be considered, either by the ruling of reason or by the ruling of Shari’ah. These principles include the avoidance of lying, avoidance of slander, avoidance of creating despair in God’s mercy, avoidance of revealing secrets that entail sexual stimulation and incitement to promiscuity, avoidance of propagating denial and disbelief regarding the essentials and principles of religion, avoidance of containing insults, curses, and slurs against God and His servants, and avoidance of containing superstitions. I will not go into their details, and anyone who is interested can refer to the book.

• Jurisprudential and Ethical Pathology of Commercial Advertising: These advertisements, which are conducted through the media, have imperatives and prohibitions that must be analyzed from a jurisprudential perspective. Unfortunately, I must say that commercial advertising in its current form has few benefits and numerous harms and problems that must be meticulously examined.

• Music and Ghina: Since music and ghina (singing) are performed through the media, they are considered important topics in Fiqh of Media.

• Rulings and Etiquettes of Photography: For example, when a photographer takes a picture, the act of photography itself and the transfer and publication of the photo have imperatives and prohibitions that must be discussed in Fiqh of Media.

• Gaze, Modesty, and Dress: When looking and gazing occur through the media, they fall within Fiqh of Media. Of course, in my opinion, there is no difference between the rulings of gaze, modesty, and dress in the real world and the virtual world, and whatever ruling is applicable in the real world must also be implemented in the virtual world.

• Establishment and Management of Media: Hujjat al-Islam wa al-Muslimin Taeb, in his book on Fiqh of Media, has mentioned points regarding the definition of media, Fiqh of Media, and the reasons for the obligation to establish and manage media, a summary of which I have mentioned in my own book and in my own words.

• Prohibitions of Media: One of the prohibitions and perils of media is lying and false accusation, which is both more widespread and has more instances in the media space. Therefore, it can be considered one of the main topics of Fiqh of Media.

• Ownership of Artistic Creations: Although artistic creations are not, in and of themselves, related to Fiqh of Media, when they take place in the context of media and are published in the form of films, books, and artworks, they acquire a media nature and must be discussed in Fiqh of Media.

• Cyberspace: In my own book, I have also mentioned Fiqh of Cyberspace as one of the topics of Fiqh of Media, and I also said there that the relationship between cyberspace and media is one of general and specific from one perspective. Therefore, the part of cyberspace that falls under Fiqh of Media is that which takes place in the context of media.

• Acting: Acting in the form of theater, cinema, and television, as it is often watched through media, is one of the important topics of Fiqh of Media.

• Cinema: Fiqh of Cinema itself has issues that must be discussed under the heading of media, because cinema itself is considered a medium.

Contemporary Jurisprudence: What are the most important issues within each of the main topics of Fiqh of Media?

Qane: One of the most important issues in Fiqh of Media is the discussion of filtering and vetting or censorship in relation to media content. It makes no difference whether the incorrect content is in cyberspace, in a book, or in any other medium. Whatever medium this content is in, there must be filtering. Regarding the category of filtering, proponents and opponents have their arguments, and I, as someone who supports filtering, have stated my own arguments. Of course, by filtering, I mean logical and principled filtering, not censorship based on personal tastes and interests.

The issue of commercial advertising is also one of the most important issues in Fiqh of Media, which I have mentioned. There are other issues as well that can be included within the chapters that I have stated inductively.