* هذه الفتوى ننشرها باسم الفقيه الذي أفتى بها في كتبه القديمة لغرض إفادة الباحثين من هذا العمل الموسوعي، ولا تعبر بالضرورة عن ما تعتمده دائرة الإفتاء.

Fatawaa

Subject : The Ruling of Sharia on Photography
Fatwa Number : 2520
Date : 30-07-2012
Classified : Clothes, adornments and pictures
Fatwa Type : Encyclopedia of Scholars' Fatawaa

Question :

What is the definitive ruling of Sharia on photography?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The Prophet (PBUH) said, "Those who will receive the severest punishment on the day of resurrection will be they who imitate what God has created." (Transmitted by Bukhari & Muslim). The intended meaning is "photographers," as mentioned in another valid narration.

The reason for the Hadith is that the Prophet (PBUH) saw images on a cushion in the house of Lady Aisha, so he refrained from entering. Narrated `Aisha: (the wife of the Prophet) I bought a cushion having pictures on it. When Allah's Messenger (PBUH) saw it, he stopped at the gate and did not enter. I noticed the signs of hatred (for that) on his face! I said, "O Allah's Messenger (PBUH)! I turn to Allah and His Apostle in repentance! What sin have I committed?" He said, "What about this cushion?" I said, 'I bought it for you to sit on and recline on." Allah's Messenger (PBUH) said, "The makers of these pictures will be punished (severely) on the Day of Resurrection and it will be said to them, 'Make alive what you have created.'" He added, "Angels do not enter a house in which there are pictures." (Transmitted by Bukhari & Muslim). 

The "nimraqah" refers to a small cushion, and it appears to be accusative (mansoobah) in this context. Scholars have deduced the prohibition of images from the various narrations and the circumstances of the incident, with certain conditions. Kindly refer to "I'anat al-Talibin, Vol.3, Page 361" and what follows for more details on this matter.

1-Images of inanimate objects, like plants and non-living things, are generally not prohibited. It's mainly images of living creatures that are subject to the prohibition.

2-Regarding images of animals, if the depiction is incomplete to the extent that the creature cannot live or function, it may not fall under the prohibition. For example, if an image is of an animal missing its head or is incomplete in a way that it cannot survive, it may not be considered as violating the prohibition.

If the image represents an animal in a way that it could live, then drawing it is forbidden, and buying such images is also prohibited.

However, if such images are drawn or purchased, it is permissible to continue using them if they are not venerated. For example, if they are on a rug or a utensil used for eating or drinking, cutting the rug or breaking the utensil would result in financial loss, so they can be used in this case.

When photography was invented, scholars had differing opinions about its ruling. Most of them argued that its ruling is similar to hand-drawn images, but it might even be clearer and therefore more deserving of prohibition if the previous conditions for prohibition are met.

Some argue that this is not considered traditional drawing or painting; rather, it's a process of capturing an image that is imprinted onto special paper using a specific device. They liken it to the image seen in a mirror, but in this case, the image is fixed, as opposed to the fleeting reflection in a mirror. Additionally, people of all ages and skill levels can easily capture images through this process, as it doesn't require significant effort on the part of the individual. Instead, the machine itself fixes the image in a particular way. While there is some merit to this perspective, it does not outweigh the view of the first group.

Therefore, one could say the following regarding automated photography:

1-If it involves temptation towards corruption, moral decay, and the arousal of base desires, then there is no doubt about the prohibition of capturing and possessing such images, because anything that leads to what is forbidden is also forbidden.

2-If it doesn't involve such elements, then piety would suggest avoiding it. As the Prophet Muhammad (peace be upon him) said, "Leave that which makes you doubt for that which does not make you doubt."

3-If the image is incomplete or partial, the matter becomes less severe. It is preferable to abstain from using or displaying such images, but it is not obligatory to condemn or forbid someone who chooses to use or display them.

The remaining educational images used for teaching children and others in medical matters or similar purposes are generally permissible, as long as there is a legitimate need, whether they are hand-drawn or generated through mechanical means. An example supporting this is that Aisha, may Allah be pleased with her, had toys in her possession that she used to play with while she was in the house of the Prophet Muhammad, peace be upon him. It's well-known that these toys were three-dimensional figures of girls, and the wisdom behind them was to educate girls in childcare and upbringing.

It is stated in the hadith that the companions used to make toys filled with cotton for children to play with and entertain themselves while fasting during Ramadan.

 

"Fatwas of Sheikh Nuh Ali Salman" (Fatwas on Play and Amusement / Fatwa No. 11)

 

Note: 

This fatwa is being published under the name of the scholar who issued it in his old books for benefiting researchers from this encyclopedic work, and it does not necessarily reflect the views of the Iftaa` Department.

 

 

 






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