Contemporary Jurisprudence

Editorial / Mostafa Dorri

Titles of sanctity in the jurisprudence of arts/29

Art and artistic activities can perhaps be described as the most challenging section or topic within the discipline of jurisprudence. For a long time, the conflict between artists and jurists has been well-known, and numerous stories, poems, and writings have been composed about it. Resolving this challenge has one practical solution and one theoretical solution. The practical solution involves dialogue and creating normal and professional platforms for interaction between jurists and artists, such as joint academic sessions, conferences on the jurisprudence of art, collaboration in producing an artistic work like a film, series, or theater performance, and similar initiatives.

Head of the Department of Jurisprudence and Legal Foundations at Razavi University of Islamic Sciences, in an Exclusive Interview with Contemporary Fiqh

Titles of sanctity in the jurisprudence of arts/28

Hujjat al-Islam Seyed Mehdi Ahmadi-Nik is a long-time graduate of the Mashhad Seminary. In 1999, after receiving his Level 4 degree from this seminary, he pursued his academic studies in Quranic Sciences and Hadith at Razavi University, ultimately earning his Ph.D. in Quranic Sciences and Hadith from this university in 2010. As a faculty member of Razavi University of Islamic Sciences, over the years, in addition to Quranic Sciences and Hadith, he has taught and conducted various research in jurisprudence and legal principles. We spoke with him about the ruling on falsehood in artistic works. Falsehood is widely used in arts such as literature and the scriptwriting of performing arts, where artists create numerous fictional characters and events to enhance the impact of their work, whether in poetry or storytelling. The question is whether these artistic creations fall under the category of falsehood, or whether the very act of creating an artistic work serves as an implicit contextual indication of the “compositional” nature of these cases, thereby negating the notion of falsehood in these arts. According to Ahmadi-Nik, it is highly unlikely that the falsehood prohibited in religious evidence refers to such cases, especially since many of these arts are employed to establish and promote moral and religious values. The full text of the exclusive interview of Contemporary Fiqh with the Head of the Department of Jurisprudence and Legal Foundations at Razavi University of Islamic Sciences is presented below:

Professor of Advanced Jurisprudence at the Qom Seminary, in an Exclusive Interview with the Research Institute for Contemporary Jurisprudential Studies

Titles of sanctity in the jurisprudence of arts/27

One of the criticisms that artists level against jurists is their unfamiliarity with artistic subjects. According to artists, many jurisprudential titles are fundamentally not applicable to contemporary instances of art or have been mistakenly applied. In this regard, the authority of the expert’s opinion is almost an accepted matter among jurists. Now, the question is whether, for applying titles such as amusement (lahw), futility (laghv), play (la‘b), and the like, which are used to prove the prohibition of some types of art, one can rely on the expert? On this occasion, we spoke with Professor Seyed Sadeq Alamolhoda. This professor of advanced jurisprudence and principles at the Qom Seminary believes that both the expertise of artists in artistic categories is subject to doubt and the authority of the expert’s opinion in these cases. The full text of the exclusive interview of Contemporary Fiqh with this professor of the Qom Seminary passes before your eyes. This interview has been published in the electronic magazine “Mabadi Fiqh Honar” (Foundations of the Jurisprudence of Art), which has been produced in collaboration with the Research Institute for Contemporary Jurisprudential Studies, the School of the Jurisprudence of Art, and the Ijtihad Network website.

Titles of sanctity in the jurisprudence of arts/26

The titles used for the prohibition of artistic works are divided into two categories: specific and general. Specific titles are those that apply exclusively to one form of art among various arts and do not extend to other types of art. General titles, however, are those that can apply to all types of art, although they may not be exclusive to the jurisprudence of art and may also be used in other jurisprudential domains. Examples of such titles include: amusement (lahw), play (la‘b), misguidance (iḍlāl), corruption (ifsād), and so forth. Below, we refer to articles that have examined these titles.

Professor of Advanced Levels at Mashhad Seminary in an Exclusive Interview with the Research Institute for Contemporary Fiqh Studies

Titles of sanctity in the jurisprudence of arts/25

It could be said that “corruption” (ifsād) is one of those concepts that appears simple but is complex. At first glance, we think we fully understand it, but when it comes to interpretation, we realize it has many facets we have overlooked. In the discipline of jurisprudence, ifsād is a well-known concept, both in criminal jurisprudence, where it is discussed as “corruption on earth” (ifsād fī al-arḍ), and in other jurisprudential domains, where it serves as a basis for invalidating or prohibiting adherence to a ruling. However, this concept has never been independently analyzed as a jurisprudential or methodological principle, which is the source of the ambiguities surrounding it. We sat down with Hojjat al-Islam wal-Muslemin Ebrahim Nikdel, a professor of advanced levels at the Mashhad Seminary, to discuss ifsād and its applications in the jurisprudence of art. While Nikdel is renowned for teaching the works of Martyr Sadr and formal and philosophical topics in jurisprudence, such as the “Algorithm of Jurisprudential Principles,” he also has a strong command of jurisprudential issues, particularly emerging topics. The full text of the exclusive interview with this faculty member of the Daneshvaran Research Institute in Mashhad is presented below:

Mostafa Qaneatgar in an Exclusive Commentary:

Titles of sanctity in the jurisprudence of arts/24

Although the concept of lahw has often been used as a basis for prohibiting various acts, it has never been deeply analyzed as an independent topic within the discipline of jurisprudence. This has resulted in neither a consensus on its meaning nor an agreement on its application in deriving rulings. Mostafa Qaneatgar, a researcher at the Mashhad Seminary, seeks in this exclusive commentary to explore the meaning of lahw and its application in prohibiting artistic works. His analysis yields intriguing results, as outlined in his commentary.

Dr. Alireza Salehi in an Exclusive Commentary:

Titles of sanctity in the jurisprudence of arts/23

“Misguidance from the path of God” (iḍlāl ‘an sabīl Allāh) is a well-known rationale frequently cited by those who argue for the prohibition or undesirability of an artistic work. However, numerous questions remain unanswered regarding this widely used rationale in the jurisprudence of art: Is misguidance a personal or categorical matter? Who determines its application? Does misguidance inherently lead to prohibition, or does it merely establish the undesirability of its subject? Perhaps one of the main reasons for the lack of clarity surrounding this rationale is its lack of independent analysis as a jurisprudential basis, coupled with its limited standalone discussion in the context of the jurisprudence of art. Dr. Alireza Salehi, a graduate of advanced jurisprudence and principles courses at the Qom Seminary and holder of a PhD in political sociology, seeks in this exclusive commentary to provide an overview of jurists’ approaches to using this rationale in arguments related to the jurisprudence of art.

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: