Introduction

It could perhaps be said that media is the most significant miracle of the twentieth century onward—a media that, in addition to its vast scope of influence, which likens it to a miracle, has also encountered numerous complexities. This very fact makes the exploration of its jurisprudential issues challenging, and providing effective answers to the questions of media fiqh depends on proper subject identification and a comprehensive understanding of the media’s significant and complex dimensions. Hojjat al-Islam wal-Muslimeen Mohammad Reza Fallah Tafti is one of the scholars who has long been concerned with media and has conducted research on its various aspects. We discussed the challenges of media fiqh with the former head of the Jurisprudential Department of the Islamic Research Center for Media. Drawing on his extensive research and management experience in various areas of media fiqh research, he elaborated on the diverse dimensions of the challenges related to media fiqh. The full text of the exclusive interview with Contemporary Fiqh, with a member of the Assembly of Experts, follows:

Contemporary Fiqh: What is media fiqh, and what are its requirements?

Fallah: When we intend to discuss media fiqh, we must first clarify what we mean by media and from what perspective we aim to examine it. Some have considered media as a means of transmitting information, ideas, and thoughts of individuals or society, and a tangible or operational intermediary in the process of establishing communication, stating that media consists of three components: the message sender, the message, and the message receiver. Based on this definition, when we speak of media fiqh, we are addressing the media with respect to all three components and the micro and macro issues under each. Another part of media fiqh concerns issues related to the relationship between this institution and other societal institutions. In general, we can say that media fiqh pertains to the following issues:

• Issues related to the message sender;
• Issues related to the message;
• Issues related to the message receiver;
• Issues related to the relationship between media and other institutions, such as the relationship between media and the family institution, media and the government or governance institution, or media and the institution of law, and so forth.

Under each of these general categories, hundreds of issues can be raised. For example, under the first category, a question such as whether official or unofficial religious minorities can act as actors, presenters, producers, directors, or writers is relevant. For instance, can a follower of the Baha’i faith, an unofficial and illegal minority with no credible historical background and adherent to a false religion, work in an organization like IRIB, such as being a presenter of a television program? The assumption here is that this individual does not convey any teachings of their false religion. Is employing such a person permissible in this case? Another issue under this category is whether a woman who has removed her hijab or an individual who has taken a negative stance against the Islamic system can be invited to participate in a media project. For example, can such a person be given a role in a film? These issues fall under the first category.

Among the issues under the second category, one could raise whether producing films in the horror genre is permissible. As you know, the purpose of the horror genre is to evoke fear. Although audiences watch such films for enjoyment, is it jurisprudentially correct to produce films in the horror genre? This question can also be raised about thriller genres.

Numerous issues can also be raised regarding the message receiver, some of which have precedents in fiqh, particularly in discussions found in books on misguidance.

The fourth category has its own issues. Censorship falls under this category, as does the regulation of widespread audio-visual media, which is currently a topic of discussion and pertains to the relationship between media and the governance institution, requiring jurisprudential rulings. Additionally, issues related to the influence of celebrities on culture and similar matters fall under this category.

A researcher of media fiqh, in addition to mastering jurisprudential and usuli principles and possessing adequate jurisprudential knowledge, must also pay attention to certain requirements. These requirements include:

Clarification of Media-Related Principles

There are a set of principles that influence a jurist’s perspective on media, and the jurist or media fiqh researcher must arrive at a clear stance on them. For instance, freedom of expression is one such principle that the jurist must have a precise and clear view of. The extent to which individuals, whether natural or legal persons, have the right to freedom of expression greatly impacts the perspective on media. Additionally, the jurist must clarify their stance on the proposition that “knowing is the people’s right.” The extent to which people have this right, along with its conditions and limits, significantly affects jurisprudential deduction.

Avoiding Oversimplification

Media should not be oversimplified, and its issues should not be reduced to matters like physical contact with a non-mahram in a film. Media has complex issues. For example, media professionals can use media capabilities to juxtapose several facts—each independently unproblematic—to create a false perception in the audience’s mind. Or, broadcasting a program, even a religious one, at specific times may reduce participation in mosque programs. For instance, airing mourning programs or Ramadan night ceremonies, such as the ritual of placing the Quran on the head, might cause some people to stay home and listen to the best religious speakers or participate in a ceremony at Imam Reza’s (A.S.) shrine from home, thereby reducing attendance at local mosque ceremonies and leaving mosques empty. Paying attention to the complexities of media is essential for engaging in media fiqh.

Attention to Media Limitations

Although some perspectives hold that fiqh is not primarily tasked with providing operational programs for audiences but only with examining what exists and issuing rulings on it, there is another perspective that considers fiqh capable of offering specific solutions to issues. According to this view, fiqh can provide strategies and solutions for media. However, it must be noted that media has its own limitations, and any solution must be presented in light of the media’s requirements and constraints.

Contemporary Fiqh: Can it be inferred from the fatwas of jurists regarding the use of satellites, videos, video calls, and so forth that there is a kind of pessimism toward media among them?

Fallah: I prefer not to use the term pessimism and instead say that the esteemed Shiite jurists were aware that media is a complex matter, and the origin of these new media is in places that lack commitment to religion and seek to promote falsehood, incorrect beliefs, and unethical behaviors. If we analyze their behavior in contemporary terms, we might say that the jurists who opposed these tools believed they were part of a hybrid war used by the enemies of Islam to confront it, and we observe such an approach in the fatwas of jurists. For example, Ayatollah Safi Golpayegani (may he rest in peace), in response to a question about watching satellite channels, stated:

“Regarding the use of satellites and news sites, which are essentially organized by foreign networks and dominate Islamic societies, it must be said that since their information is mostly poisoned, and even if they provide accurate news to their viewers and audiences, it is in line with colonial goals, misguidance, and creating discord and division, the use of such networks is not permissible.”

He also, in response to another question about “communicating with satellite networks via telephone, email, or other methods and sending domestic news,” emphasized: “Regarding communication with satellite networks, media, or foreign press, whether by telephone, telegraph, email, or the internet, in any form, such communication, which is essentially a form of cooperation and assistance to them and brings them closer to their goals, even if it seems very minor or negligible to you, is absolutely not permissible, as it is a step toward the false goals of foreigners.”

Imam Khomeini (may he rest in peace), in his Charter of the Clergy, which I believe seminarians should read multiple times, states: “The opposition of the clergy to some manifestations of civilization in the past was solely due to fear of foreign influence. The sense of danger from the spread of foreign culture, especially the vulgar Western culture, caused them to approach inventions and phenomena cautiously. True scholars, having seen so much deceit and falsehood from imperialists, trusted nothing, and tools like radio and television were, in their view, a prelude to colonial infiltration; hence, they sometimes ruled against their use. Were radio and television in countries like Iran not tools to bring Western culture? Did the former regime not use radio and television to discredit religious beliefs and disregard national customs?”

In my opinion, this opposition by jurists was because they knew the effects media can have and that media is part of the enemy’s hybrid war. If there was any pessimism, it was due to these characteristics, not a blanket pessimism toward media. Hence, we see that these same jurists, when the media could be used correctly and without corruption, issued rulings permitting its use. Therefore, there is no general opposition.

Contemporary Fiqh: Given the fatwas of jurists regarding music, looking at non-mahrams, statue-making, displaying musical instruments, and so forth, is it fundamentally possible to have an effective Islamic media? For example, is it possible to produce a dramatic series without music, romantic lines between actors playing husband and wife, actors avoiding looking at non-mahrams, and so on?

Fallah: Whether we can have an effective Islamic media requires an extensive discussion, as having an effective Islamic media does not solely depend on the issues mentioned. Some believe that media, especially modern media, are tools of heedlessness, created in the West to “divert from the remembrance of Allah.” According to this premise, even if the use of music is permissible, media cannot be an effective Islamic media. Thus, to achieve an effective Islamic media, many foundational issues must be resolved. As previously mentioned, it must be noted that media has its own limitations, and we should not expect every concept to be presented in the form of visual media, as media itself has limitations, even if there are no other obstacles. Now, if we assume, based on foundational principles, that we can have an effective Islamic media and the chosen subject is one that media can cover, but jurisprudential and sharia restrictions prevent us from having an effective Islamic media, this is a matter of debate and discussion. It seems that in this area, there is little room for creative works that, while adhering to jurisprudential standards, can attract audiences. Certainly, a work, no matter how excellent, cannot attract all audiences. Do all audiences watch and enjoy fantasy or sci-fi works? Are comedy programs appealing to everyone? Each genre has its own rules and principles, and audience tastes may favor some works and styles while not enjoying others. Thus, a work may lack music or romantic lines but still be very appealing. Of course, this assumes that these elements are indeed forbidden. However, if it is established in its proper context that a romantic line from one actor to another in a film is not forbidden and merely has an implied meaning rather than a serious one, then these issues pose no obstacle. My general point is that if a sharia ruling is established in a specific case, we cannot ignore it just because we want to have an effective Islamic media. Of course, someone might claim that the very goal of achieving an effective Islamic media justifies permissibility, which is a matter for discussion and debate.

Contemporary Fiqh: What are the most significant challenges facing research in media fiqh?

Fallah: In my view, media fiqh faces several challenges. The first challenge is that there is still no consensus among media fiqh researchers regarding its nature. Some researchers believe that media fiqh is, in fact, a branch of fiqh, a jurisprudential chapter alongside prayer, zakat, and purity, and thus, the research method in this fiqh should follow the conventional jurisprudential research method, including subject identification, research methodology, sources, and evidence. However, another group believes that media fiqh is an interdisciplinary study, defined as: “the integration of knowledge, methods, and experiences from two or more scientific and specialized fields to understand and solve a complex issue or multifaceted social problem.” In an interdisciplinary scientific activity, specialists from two or more disciplines with expertise related to understanding, solving, or analyzing a typically complex and real phenomenon, topic, or issue collaborate scientifically. Thus, interdisciplinary scientific activity becomes meaningful when the goal is to scientifically and accurately understand a complex or unknown phenomenon or issue that exceeds the capacity and knowledge of a single discipline or specialization. If media fiqh is an interdisciplinary study, it should not follow the jurisprudential method or common methods in media studies; rather, it requires its own specific method, which then raises the question of the validity and authority of the results of such research. In my opinion, this is a serious challenge in this field.

Another challenge in this area is the lack of clarification of the evidence related to media fiqh. This issue is not unique to media fiqh and applies generally to newly arisen issues. The previous challenge is similar in this regard. One of the serious problems in the field of media fiqh, and perhaps newly arisen issues, is that the evidence related to media fiqh and newly arisen issues has not been clarified. Newly arisen issues are those whose subject did not exist at the time the texts were issued. For example, at the time of the issuance of texts, photographs, films, and the issue of looking at non-mahrams through these means were not relevant. Or, even if they existed at the time of the issuance of texts, their characteristics and conditions have changed in the present, giving rise to new issues. For instance, blood transactions: blood existed at that time, and rulings for blood were addressed in the jurisprudential texts of that period, but today, blood has characteristics, conditions, and qualifications that were not considered at that time, making blood transactions a relevant issue.

In newly arisen issues, it is possible to use essential rational rulings, necessary jurisprudential rules, jurisprudential and usuli principles, clarification of the basis, analogy based on stated reasons, removal of specificity, customary rulings, and the overarching interest in fiqh. However, the extent to which these pieces of evidence contribute to addressing newly arisen issues and media fiqh issues needs clarification. For example, how much can we rely on custom or rational conduct in providing answers is a matter for discussion.

One of the issues currently under discussion is the display of musical instruments on television. Since the beginning of the Islamic Revolution, the policy and practice of IRIB has been to prohibit the display of musical instruments. The debate here is that, on the one hand, if broadcasting and listening to music is permissible, why should showing musical instruments be problematic, and what evidence exists for its prohibition? On the other hand, in a fatwa requested from the Supreme Leader, and in some of his statements, it has been noted that the general policies of the Islamic Republic system are not aimed at promoting music. This statement impacts the decision on whether or not to show musical instruments on television.

Today, on the one hand, societal custom does not have much issue with this matter, and on the other hand, the overarching approaches and discussions in fiqh and the system may lead to the promotion of music. These factors influence the clarification of evidence related to newly arisen issues and determining which evidence to use and to what extent in addressing specific issues.