Contemporary Jurisprudence

A professor of advanced jurisprudence of media, in an exclusive interview with the Institute for Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/11

Hujjat al-Islam wal-Muslimin Ali Nahavandi has, for over twenty years, made art and media one of his primary areas of focus. This began when he took charge of the Khorasan Broadcasting Center about two decades ago and continued during his years in Qom, where he served as the director of the Islamic Media Research Center and began teaching advanced lessons in the jurisprudence of media. He has published over ten books on the subject of art and media and has numerous articles to his name. A member of the Academic Council of the Jurisprudence of Culture, Art, and Media Group at the Institute for Contemporary Jurisprudential Studies, he has spoken about the jurisprudential ruling on la‘b (play) and its role in the prohibition of artistic works. The director of the Jurisprudence of Art, Media, and Communications Group at the Jurisprudential Center of the Pure Imams (peace be upon them) believes there is no evidence that absolutely prohibits la‘b. The full text of the exclusive interview by Contemporary Jurisprudence with this professor of advanced jurisprudence at the Qom Seminary is as follows:

A professor of advanced jurisprudence and principles at the Qom Seminary, in an exclusive interview with the Institute for Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/10

The term “corruption” (afsād), with the precise expression “corruption on earth” (afsād fi al-arḍ), is more commonly known in penal jurisprudence. However, there is another similar term, “corruption” (afsād), which is frequently used in the jurisprudence of art. This term, when applied to a particular artistic activity, sometimes results in a ruling of prohibition or impermissibility. Hujjat al-Islam wal-Muslimin Mohsen Sheikhani, however, believes that this term is fundamentally an abstract concept and has no essence beyond the specific prohibited acts it encompasses. Sheikhani, born in Mashhad, moved to Qom and studied for years under scholars such as Ayatollahs Wahid Khorasani, Rouhani, and Tabrizi. For several years now, he has been teaching advanced lessons in jurisprudence and principles at the Qom Seminary. The following is an exclusive interview by Contemporary Jurisprudence with a member of the Office of Religious Inquiries in Qom under Ayatollah Sistani:

The director of the Jurisprudence Department at the Islamic Research Foundation of Astan Quds Razavi stated in an oral note:

Titles of sanctity in the jurisprudence of arts/9

Hujjat al-Islam wal-Muslimeen Mahdi Shariati Tabar, a graduate of the Mashhad Seminary and the director of the Jurisprudence Department at the Islamic Research Foundation of Astan Quds Razavi, has also served for several years as the head of the foundation, in addition to teaching, researching, and preaching. In this oral note, he addresses how falsehood is perceived in artistic works. This point is significant because the presence of literary devices such as metaphor, simile, figurative expression, and exaggeration has led to the misconception of falsehood in artistic works. Similarly, in screenplays and plays based on real stories, certain elements are often added to the original story to transform it into an artistic work and create what is termed “drama.” The oral note by this professor and researcher of the Mashhad Seminary is as follows:

A distinguished professor of advanced studies at the Esfahan Seminary, in an exclusive interview with the Institute for Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/8

Hujjat al-Islam Ali Akbar Safi Esfahani, born in 1343 AH (1964 CE) in Esfahan, hails from the renowned and beloved Safi Esfahani family in this region. For years, in addition to teaching and researching in the fields of jurisprudence, principles of jurisprudence, and Quranic exegesis, he has undertaken various responsibilities in the seminary, including Deputy of Education at the Esfahan Office of Islamic Propagation, Director of the Allameh Majlesi Specialized Center, and the Lady Amin Mujtahida Advanced School. We sat down with him to discuss the concept of “misguidance” (idlāl) as one of the commonly used titles to establish the prohibition of artistic activities. He believes that the two significant arts present during the time of the Prophet were fundamentally promoted to mislead individuals and distance them from the religion of Islam; thus, the evidence for the prohibition of art must be analyzed in light of this background. The full text of the exclusive interview by Contemporary Jurisprudence with this professor and researcher of the Esfahan Seminary is as follows:

Aminullah Amini reported:

Titles of sanctity in the jurisprudence of arts/7

The titles used to establish the prohibition of an artistic activity are sometimes specific, such as ghina (singing) and music, and sometimes general, such as amusement (lahw), play (la‘b), futility (laghv), misguidance (idlāl), and corruption (ifsād). In this article, Aminullah Amini, a doctoral student at Al-Mustafa International University, has endeavored to provide a report on books that have explored these titles from a jurisprudential perspective.

A distinguished professor of advanced studies at the Qom Seminary, in an exclusive interview with the Institute for Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/6

One of the jurisprudential titles applicable to artistic matters is the concept of futility (laghv). In jurisprudential texts, some artistic activities, in addition to being considered as amusement and play (lahw wa la‘b), have also been classified as futile. However, there has never been an independent and thorough discussion in jurisprudential texts regarding the legal ruling on futility. We raised this issue with Hujjat al-Islam Sayyid Alireza Hosseini, the secretary of the Islamic Jurisprudence and Law Think Tank at the Center for the Islamic-Iranian Model of Progress. He believes there is no evidence in Islamic law for the prohibition of futility. The full text of the exclusive interview by Contemporary Jurisprudence with this Qom Seminary professor is as follows:

Ayatollah Abolqasem Alidoust stated:

Titles of sanctity in the jurisprudence of arts/5

In 2015, Ayatollah Alidoust’s hidden and unspoken insight was revealed! This innovative yet traditionally grounded jurist, who for years had regarded art in itself as a noble and commendable matter, spoke at the First Conference on the Jurisprudence of Art about the desirability and obligation of artistic acts, stating that the ruling on art begins with desirability. Since that year, there has hardly been a gathering or forum discussing the jurisprudence of art where Ayatollah Alidoust’s enduring words have not been a topic of discussion. He stands between tradition and innovation. At one moment, he becomes indignant at the baseless ruling on the purity of dogs under the guise of innovation, and at another, he criticizes jurists for their permissive or prohibitive approach to art. According to him, he is not solely seeking the “dynamism” of jurisprudence but considers “stability” an essential pillar of jurisprudential propositions. Given the supportive and opposing views expressed over the years, including in this magazine, regarding Ayatollah Alidoust’s statement, we review the text of his remarks at the First Conference on the Jurisprudence of Art, published in the collection of articles from that conference, to further clarify his main claim. The full text of the remarks by the member of the Board of Trustees of the Institute of Contemporary Jurisprudential Studies at the First Conference on the Jurisprudence of Art is as follows:

A professor of advanced levels at the Qom Seminary, in an exclusive interview with the Institute of Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/4

It has long been known that there is a dispute between artists and jurists: artists who view jurists as rigid and jurists who regard artists as mere entertainers indifferent to religion. But is this truly the reality? Hujjat al-Islam Nasiruddin Ansari Qomi, who has studied under prominent religious authorities for years and has long been teaching advanced levels at the Qom Seminary, holds a different view. He believes it is not accurate to generally label jurists as opposed to art; rather, many jurists have engaged in calligraphy, poetry, portrait painting, and music. The conversation with a member of the fatwa council of the late Ayatollah Alavi Gorgani was filled with fascinating historical insights and novel analyses. The full text of the exclusive interview with this professor and author from the Qom Seminary is as follows:

The President of the Institute of Contemporary Jurisprudential Studies, in an exclusive interview with the Institute of Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/3

Rulings concerning artistic matters are always determined with the aid of titles that apply to these matters. However, the titles of prohibition in the jurisprudence of art have never been discussed independently or comprehensively. This has led to considerable ambiguity regarding their meaning, scope, and application in the jurisprudence of art. In this regard, we spoke with Ayatollah Sayyid Mojtaba Noormofidi, President of the Institute of Contemporary Jurisprudential Studies. In addition to years of teaching advanced courses in jurisprudence (fiqh) and principles of jurisprudence (usūl) at the Qom Seminary, he has a strong interest in the jurisprudence of art, as evidenced by his membership in the Board of Trustees of the Specialized Center for Islamic Culture and Art and his participation in the Fourth Conference on the Jurisprudence of Art. This professor of advanced jurisprudence at the Qom Seminary believes that the default ruling for art is not only permissibility (ibāha) but desirability (istihbāb), and other titles must contend with this primary ruling. The full text of the exclusive interview with the member of the Board of Trustees of the Specialized Center for Islamic Culture and Art follows:

A professor at the Institute of Islamic Culture and Thought, in an exclusive interview with the Institute of Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/2

Dr. Mahmoud Hekmatnia, though better known for his legal expertise, has pursued no less rigorous studies in Islamic seminaries than in his legal endeavors. The former deputy of intellectual property at the Ministry of Justice, he has always been keen on exploring new topics, whether they concern a computer game, the metaverse, or a new challenge in international law. We sat down with him to discuss labb and its impact on the prohibition of artistic works. According to this prominent jurist, labb in itself does not inherently carry a ruling, and what may lead to its prohibition or lack of merit are its accompanying circumstances (muqāranāt). A member of the Research Council of the Institute of Contemporary Jurisprudential Studies, he further elaborated on a nuanced point regarding the types of accompanying circumstances, which was particularly insightful. The full text of the exclusive interview with the professor from the Institute of Islamic Culture and Thought follows: