Contemporary Jurisprudence

Hujjat al-Islam Dr. Ali Sharifi in a Commentary:

Titles of sanctity in the jurisprudence of arts/22

Concepts such as lahw (frivolity), laghw (futility), la‘b (play), iḍlāl ‘an sabīl Allāh (leading astray from the path of God), and similar terms, despite their long-standing use as reasons for prohibiting an act in the discipline of jurisprudence, have rarely been independently analyzed in terms of their linguistic meaning and legal rulings. Among these, laghw is perhaps the least discussed. Yet, in many instances, an act is deemed prohibited or undesirable due to its classification under this concept. Hojjat al-Islam Dr. Ali Sharifi, a professor of advanced levels at the Qom Seminary and a doctor of criminal law, explores the concept of laghw and its application as a basis for prohibiting artistic works in this exclusive commentary. The full text of the commentary by the academic secretary of the Institute of Politics and Governance at the Research Institute for Contemporary Fiqh Studies is presented below: Read more …

Hojjat al-Islam wal-Muslemin Ali Rahmani in a Commentary:

Titles of sanctity in the jurisprudence of arts/21

The use of “corruption” (ifsād) is not exclusive to the jurisprudence of art but is also employed in other jurisprudential domains to indicate the prohibition or undesirability of an act. However, it is undoubtedly one of the most frequently applied concepts in the jurisprudence of art. Hojjat al-Islam wal-Muslemin Ali Rahmani, in this commentary, has sought to explore the various dimensions of this lesser-addressed jurisprudential concept and discuss its application to the jurisprudence of art. According to this professor at the Mashhad Seminary, prior to examining this concept jurisprudentially, it is essential to consider terms such as “removal” (raf‘), “prevention” (daf‘), “eradication” (qal‘), and “suppression” (ḥasm), which are often associated with it. He further considers it a strategic error to study the use of this term in narrational and Quranic heritage without regard to the nature of the art contemporary to the issuance of the text. The full text of this insightful and scholarly commentary by a faculty member of the Akhund Khorasani Center and deputy of education at the Office of Islamic Propagation in Khorasan is presented below: Read more …

Hojjat al-Islam wal-Muslemin Mohammad Kazem Haqqani-Fazl in a Commentary:

Titles of sanctity in the jurisprudence of arts/20

For several years, the question of the primary ruling for artistic acts has been a subject of inquiry among those interested in the jurisprudence of art. It could be argued that the first person to raise this issue among contemporary scholars was Ayatollah Alidoust. The academic secretary of the National Conferences on the Jurisprudence of Art, in 2015, formally declared the primary ruling for artistic acts to be desirability (istihbāb) and has repeatedly emphasized this view since then. His statement has elicited varied responses over the years. However, Hojjat al-Islam wal-Muslemin Mohammad Kazem Haqqani-Fazl, in his exclusive commentary for the electronic journal Prohibited Concepts in the Jurisprudence of Art, has explored this issue from a different perspective. The former deputy of education at the School of the Jurisprudence of Art has sought to answer whether an artistic act can inherently bear a primary principle. The full text of the commentary by the director of the Encyclopedia of Contemporary Jurisprudence is presented below: Read more …

Hojjat al-Islam wal-Muslemin Yasser Aminian in a Commentary:

Titles of sanctity in the jurisprudence of arts/19

The fatwas of jurists regarding artistic works have a long history, and throughout jurisprudential texts, various jurisprudential concepts have been identified as rendering an artistic work prohibited. However, these concepts have never been systematically compiled into a single cohesive document. Hojjat al-Islam wal-Muslemin Yasser Aminian, a professor of advanced levels at the Qom Seminary, has endeavored in this exclusive commentary to not only compile these concepts but also categorize them in a novel manner. The full text of this commentary by the professor and researcher of the Qom Seminary is presented below: Read more …

Hojjat al-Islam wal-Muslemin Hossein Adabi in a Commentary:

Titles of sanctity in the jurisprudence of arts/18

The concept of “la‘b” (play), despite lacking a unanimous definition, has generally been used in jurisprudential texts as a criterion for prohibition, particularly in the context of art more than in other areas of jurisprudence. The lack of independent attention to this jurisprudential concept has resulted in fatwas issued based on its application to actions lacking sufficient precision. Hojjat al-Islam wal-Muslemin Hossein Adabi, a professor at the Mashhad Seminary with extensive studies and experience in the field of art, explores the meaning of la‘b and its application in the rulings of the jurisprudence of art in this exclusive commentary. The full text of the commentary by this professor and researcher of the Mashhad Seminary is as follows: Read more …

Hassan Ejraei in a Commentary:

Titles of sanctity in the jurisprudence of arts/17

The historical approach of jurists toward art is by no means a matter of consensus among art scholars. Some, citing strict fatwas regarding music and sculpture, view the jurists’ stance as one of opposition and skepticism toward art. Conversely, others, pointing to evidence of many jurists’ engagement in poetry and calligraphy, argue that art, in principle, is not only accepted but even encouraged by them. Amid this debate, Hassan Ejraei, a graduate of the Qom Seminary, does not seek to affirm either side of this dichotomy. Instead, he aims to explore whether jurists have approached art as individual components or as a unified whole. The full text of this insightful commentary by the researcher at the Research Institute for Contemporary Fiqh Studies is presented below: Read more …

Hojjat al-Islam wal-Muslemin Hassan Moallemi in an Exclusive Interview with the Research Institute for Contemporary Fiqh Studies:

Titles of sanctity in the jurisprudence of arts/16

Hojjat al-Islam wal-Muslemin Hassan Moallemi, though better known for his expertise in philosophy and mysticism, has studied and taught jurisprudence and legal theory for many years. Born in 1959 in Isfahan, he has never distanced himself from jurisprudence and legal theory. We spoke with him about “lahw” (frivolity), its nature, and its jurisprudential ruling. He believes that no jurist has issued a blanket ruling declaring lahw absolutely forbidden; thus, even if various arts are always associated with lahw, a general ruling of prohibition cannot be applied to them. In this interview, he articulated existing views on lahw with greater clarity and elucidated its instances. The full text of the exclusive interview by Contemporary Fiqh with this faculty member of Baqir al-Ulum University is presented below: Read more …

Ayatollah Mohammad Andaleeb Hamedani

Titles of sanctity in the jurisprudence of arts/15

In 2015, Ayatollah Alidoust was perhaps the first to explicitly claim that the default ruling for artistic activities is permissibility, or even desirability. A member of the Board of Trustees of the Research Institute for Contemporary Fiqh Studies, he reiterated this statement at the first Conference on the Jurisprudence of Art and has emphasized it multiple times since. However, this assertion by the distinguished professor of advanced jurisprudence and legal theory at the Qom Seminary has met with both supporters and detractors. Ayatollah Mohammad Andaleeb Hamedani is one of those who oppose this view. The esteemed and virtuous professor of the Qom Seminary, as always with his characteristic courtesy and knowledge, has endeavored to articulate his critiques of this claim clearly and with evidence. The full text of his exclusive oral commentary, as a member of the Research Council of the Research Institute for Contemporary Fiqh Studies, is as follows: Read more …

Hujjat al-Islam wal-Muslimin Seifollah Sarami in an Exclusive Interview with the Institute for Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/14

Hujjat al-Islam wal-Muslimin Seifollah Sarami has, for several years, focused on the jurisprudence of art and, in addition to writing several articles, has conducted studies on the subject. One of the primary programs of the institute under his management (the Institute of Jurisprudence and Law at the Research Institute of Islamic Sciences and Culture) is “the Jurisprudence of Art.” On this occasion, we sat down with him to discuss the concepts that lead to the prohibition of artistic works. A member of the council of institutes at the Institute for Contemporary Jurisprudential Studies, he believes that only four concepts are claimed to render certain artistic instances forbidden, though the prohibition of these concepts themselves is a matter of dispute. The full text of the exclusive interview by the Institute for Contemporary Jurisprudential Studies with this professor and researcher of the Qom Seminary is presented below: Read more …

Hujjat al-Islam wal-Muslimin Sayyid Nur al-Din Shari‘atmadar Jazayeri in an Exclusive Interview with the Institute for Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/13

Certain jurisprudential concepts, despite being frequently used, may lead one to assume that extensive scholarly effort has been devoted to them. However, in reality, they fall into the category of deceptively simple matters, and upon referring to jurisprudential texts, one realizes that there is little substantial discussion about them. It appears that the jurisprudential ruling on laghw falls into this category. Jurists have never independently discussed laghw and have always addressed it within the context of topics such as music, gambling, and backbiting. Consequently, there is no clear consensus among scholars of principles or even the majority of them regarding its meaning and ruling. On this occasion, we sat down with Hujjat al-Islam wal-Muslimin Sayyid Nur al-Din Shari‘atmadar Jazayeri, a professor of advanced jurisprudence and principles at the Qom Seminary. He believes that despite the numerous pieces of evidence cited for the prohibition of laghw, there is no conclusive evidence for its prohibition. He also does not consider the application of laghw to all forms of art permissible. The full text of the exclusive interview by the Institute for Contemporary Jurisprudential Studies with this professor and author of the Qom Seminary is presented below: Read more …