Contemporary Jurisprudence

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:

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:

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:

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:

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: