Mustafa Qana’tgar

The position of the purposes of Shari’ah in solving art jurisprudence issues

When it comes to the purposes of Shari’ah, it is expected to pass over “time and place” issues and support non time and place types of Shari’ah rulings. There is no question of changing the verdict; It is about placing the verdict in the same issue as it should be. The rulings are imposed on the subjects and the subjects undergo an observable change over time[1]. The destination of the Shari’ah ruling is fixed, and it is this fixed destination (if it is confirmed) that creates a new plan.

Adherence to the objectives of the Shari’ah plays an influential role in solving the issues of art jurisprudence. Paying attention to this chapter in deriving the ruling of an opening window itself will be hopeful, Shari’ah-compliant and realistic.

As an example, we study some issues in the two fields of visual arts and music in a case-by-case manner and in accordance with a short note.

In a hypothesis, not showing the narrative tradition in an image is a function of the culture of the post-Ignorant lslamic era. It seems natural that there are still idolatrous concentrations among Arabs and this is inevitable in the field of institutionalized culture. It is for this reason that praying in front of a statue or image or keeping a statue or making a statue in any way is reminiscent of the idolatrous culture of Jahili; Therefore, by moving away from that time or being away from that geography, even at the same time, the rule of disgust or reverence is ruled out, and in fact, from the beginning, such preference was not established for the subject of statue and image. This hypothesis is explicitly stated in a number of narrative propositions and it points us to a religious destination [2].

Regarding singing and music, we are faced with the report of the first music that was played in the joy of the death of Prophet Adam [3]. The fact that the first music was used in a malicious way is not a reason to condemn any kind of music for any purpose. An example of this problem is the invention of the catapult by Satan, according to a number of traditions [4]; However, the use of a catapult by the Prophet and the recommendation to use it in war can be seen in the language of hadiths [5]. Even if the first instance of the subject of the ruling was developed with the accompaniment of an illegal matter, the removal of those restrictions leaves the application of that subject permissible in the continuation of history.

We are not faced with an example and application of Shari’ah music during the period of transmission of hadiths, and music gatherings were widely accompanied by dancing, drinking wine, and sensual singing of singers [6]. For this reason, it has not shown a good aspect. The prohibited use of singing and music is so clear that the Imam leaves the questioner to his own conscience, and the questioner easily realizes that listening to music is invalid[7]. How is it that in some songs of our time, this kind of invalidation of the method is not conscientious, and there is even a promise of resolution in the fatwa? Because the uses of music have changed. The purpose of Shari’ah is to avoid the taboos of mixing with the music of that time; But with the halal applications of this time, such as using music in the path of useful education or confronting absurd music in the cultural battlefield, even superiority (intentionally or necessarily) is possible; And not because of the second ruling, but because of the first ruling.

[1] The late Ayatullah lmam Khumayni: “In this respect, I believe in traditional jurisprudence and ijtihad, and I do not consider it permissible to violate it.” Ijtihad is correct in the same style, but this does not mean that Islamic jurisprudence is not dynamic, time and place are two determining elements in ijtihad. An issue that had a ruling in the old days, apparently the same issue in the relations governing politics, society, economy and a system, may find a new ruling, which means that with a detailed understanding of the economic, social and political relations, the same first issue that appears is not different from the old one, it has really become a new issue that demands a new ruling.” (Sahifeh Noor, vol. 21, p. 98)

[2] … As for what you asked about regarding the matter of the praying person and the fire and the image and the lamp in his hands, whether his prayer is permissible, the people differed about that before you. It is permissible for someone who is not one of the children of idol worshipers or fire worshipers to pray with fire and images and the lamp is in his hands, and that is not permissible for someone who is one of the children of worshipers of idols and fires… (The Perfection of Religion and Tamam al-Ni’mah, Part 2, p. 520)

[3] On the authority of Sahl bin Ziyad, on the authority of Sulaiman bin Sama’ah, on the authority of Abdullah bin Al-Qasim, on the authority of Sama’ah, he said: Abu Abdullah, peace be upon him, said: When Adam, peace be upon him, died, he gloated over him Iblis and Cain gathered together on earth, and Iblis and Cain put on singing instruments and musical instruments to gloat over Adam, peace be upon him. Everything that is on earth of this type that people enjoy is of that type (Al-Kafi / Part 6 / 431)

[4] Ffor example: Furat said: Ali bin Muhammad bin Umar Al-Zuhri told me, on the authority of Abu Abdullah, peace be upon him, regarding the saying of God Almighty: We said, O Fire, be cool and peace on Abraham, he said that the first catapult that was made in this world was a catapult that was made for Abraham at the wall of Kufa. In a river called Kuni and in a town called Qantana. So when Satan made the catapult and made Abraham sit in it… (Tafsir Furat al-Kufi / 263)

[5] And on the authority of Ali, may God bless him and grant him peace, that he said: The polytheists will be killed with whatever it is possible to kill them with, whether iron, stones, fire, water, or anything else was mentioned that the Messenger of God, may God bless him and grant him peace, set up a catapult against the people of Ta’if and said, “If there are Muslims with them in their fortress, then stop them.” With them, do not aim at them deliberately, but attack the polytheists, and warn the Muslims that they may beware if they are attacked by force, and retaliate against them whatever you are able. If you harm anyone, blood money is due (Daa’im al-Islam / Vol. 1/376)

And on the authority of his father, on the authority of Al-Qasim bin Muhammad, on the authority of Al-Minqari, on the authority of Hafs bin Ghayath, who said: I asked Abu Abdullah, peace be upon him, about one of the cities of war is it permissible to throw water on them, or to burn them with fire, or to throw them with a catapult until they are killed? Among them are women, children, the elderly, and Muslim captives and merchants, and he said, “This will be done to them, but it will not be withheld from them for them, and there is no blood money for them for the Muslims, and there is no expiation.” Hadith Wasa’il Al-Shi’ah / Part 15 / 62 / 16 62)

[6] See: Cultural study of music and Islam from the perspective of music anthropology; From the Ancient Era to the Islamic Period, Tahirah Mehrbud, Journal of Research in Art and Human Sciences, November 2017, Year 3 – Number 12, pp. 25-46.

[7] And on the authority of Sahl, on the authority of Ali bin Al-Rayyan, on the authority of Yunus, who said: I asked Al-Khurasani, peace be upon him, about singing, and I said that Al-Abbasi mentioned that you relax. He spoke about singing, and said, “The heretic lied. I did not say that to him.” He asked me about singing, and I said, “A man came to Abu Ja`far, may God’s prayers be upon him, and he asked him.” Concerning singing, he said, “O so-and-so, when God distinguishes between truth and falsehood, where can singing be?” He said with falsehood, and he said, “You have judged.” (Wasa’il Al-Shi’ah / Part 17/306)

This note 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.