Note: According to the website of the Research Institute for Studies in Contemporary Jurisprudence, the session was jointly organized by the Research Institute of Islamic Human Sciences at Qom University, the Research Vice-Deanship of the Faculty of Theology at Qom University, and the Research Institute for Studies in Contemporary Jurisprudence.
Hujjat al-Islam wal-Muslimeen Dr. Mahdī Dāwūdābādī expounded his views on the possibility and necessity of an ijtihād-based definition of art from a fiqh perspective. Two distinguished seminary and university professors—Hujjat al-Islam wal-Muslimeen Dr. Sayyid Ḥamīd Mīrkhandān and Hujjat al-Islam wal-Muslimeen Dr. Mahdī Garāmīpūr—critiqued and assessed the discussion.
The session aimed to elucidate new fiqh approaches to the topic of art and to examine the capabilities of “ijtihād in semantics” in re-identifying key concepts in the domain of religious aesthetics—an area that, due to its theoretical complexity and interdisciplinary nature, still requires deep and methodical exploration in contemporary fiqh literature.
At the beginning of the session, Dr. Dāwūdābādī, while extending condolences for the sorrowful days of Fatimiyyah, pointed out that many fiqh understandings of art are based on “common or modern definitions”. He stressed that this approach creates fertile ground for errors in identifying the subject-matter (mawḍūʿ) when deriving artistic rulings. He stated:
“If we import art into fiqh using the same concept offered by modern definitions, we have in fact mistaken the very subject of the ruling. Fiqh cannot produce precise rulings on an ambiguous and unclarified subject.”
He continued: “From a religious perspective, art is a creative act that, through the penetrating element of beauty (jamāl), is capable of influencing human perception and behaviour. Therefore, ‘wise efficaciousness’ forms an important part of the concept of art in religious literature.”
Using an ijtihādī method, he highlighted three principal components in redefining art:
- Intention and creative orientation of the human being Art is a voluntary human act that originates from meaningful intention and will.
- The element of jamāl and aesthetic quality Sensory beauty is not a necessary condition for art; rather, jamāl—meaning harmony, proportion, order, and perceptual impact—is the foundational element.
- Objective and educational influence From a fiqh viewpoint, art must be efficacious; it must alter the relationship between man and the world and direct him toward a wiser meaning.
In his concluding remarks, Dr. Dāwūdābādī noted: “Art should be defined as the creative, purposeful, and wise application of human perceptive and imaginative faculties—a definition far more compatible with religious and fiqh foundations.”
He then pointed to a major challenge: “In fiqh literature, the subject of art has not yet been properly clarified (manqūḥ). When the subject is undetermined, the ruling will also be slippery and unstable.”
He emphasized that when confronting artistic issues, the faqīh has no choice but to employ “ijtihād in semantics”—an ijtihād that, instead of accepting ready-made concepts, returns to the analysis of religious texts, the language of the Qur’an, the Sunnah, and their semantic structures in order to extract the religious image of art.
Critique Section
Hujjat al-Islam wal-Muslimeen Dr. Sayyid Ḥamīd Mīrkhandān praised the coherent structure of the presentation but stressed the need to strengthen its methodology. He remarked: “One of the central challenges is distinguishing between the conceptual definition of art and identifying concrete instances of art. Dr. Dāwūdābādī has addressed the concept well, but linking it to practical examples such as painting, music, or architecture requires further elaboration.”
He also called for closer attention to the historical roots and semantic evolution of the term “honar” (art) and added: “A considerable part of the discussion needs clearer and more explicit reference to early fiqh literature so that the connection between the classical fiqh tradition and emerging topics becomes more transparent.”
The second critic, Hujjat al-Islam wal-Muslimeen Dr. Mahdī Garāmīpūr, while appreciating the presenter’s effort to reconstruct the concept of art through ijtihād, emphasized the need for a precise explanation of the tools of semantic ijtihād. He stated: “The merit of this discussion is that it liberates the definition of art from the domination of modern definitions; yet it must be clarified what methodological mechanism semantic ijtihād employs to produce a new definition.”
He further asked: “It is crucial to determine whether the aesthetic elements emphasized by the presenter can actually be extracted from religious texts, or whether we need a complementary theory from Islamic philosophy of art.”
In response, Dr. Dāwūdābādī thanked the critics and said: “The purpose of such sessions is to generate scholarly literature. The question of the quiddity of art can be examined from both philosophical and fiqh perspectives; fiqh, however, requires a definition in order to issue rulings.”
He concluded: “Fiqh of art must be based on components that can become the subject-matter of sharia rulings. I hope that by reviewing and completing this discussion we will be able to offer a clearer framework for art in contemporary fiqh.”
This scientific session, with its novel viewpoints and constructive critiques, constitutes a step forward in developing the literature of fiqh of art. Raising issues such as the necessity of an ijtihād-based definition of art, the challenges of subject-identification, and the relationship between fiqh of art and philosophy of art demonstrated that the field still requires deeper research and interdisciplinary dialogue.