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Ruling of Photography in Islam
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Allah said:'' It is He who forms you
in the wombs however He wills. There is no deity except Him, the Exalted in
Might, the Wise'' 3:06
According to the above verse, TASWEER
means forming , shaping and creation, which is prohibited, but that ruling is
not applicable on photography because there is no forming, creation or shaping
in photography, how ever it is applicable on painting or shaping bodies with
Clay, Cement or Sand and so forth
Narrated By Aisha (may Allah be
pleased with her): Allah's Apostle (Peace Be Upon Him) returned from a journey
when I had placed a curtain of mine having pictures over a chamber of mine. When
Allah's Apostle saw it, He tore it and said, "the people who will receive the
severest punishment on the day of Resurrection will be those who try to make the
like of Allah's creations" so we turned it into one or two cushions (narrated by
Al-Bukhari)
Ibn Umar narrated that, the
Prophet (Peace Be Upon Him) said: "the painter of these pictures will be
punished on the day of Resurrection, and it will be said to them, "make alive
what you have created" (narrated by Al-Bukhari)
According to the above two
hadeeths, making pictures of alive things is not allowed because the maker of
pictures and paintings is making the like of Allah's creations, but the one who
takes the picture of a creation of Allah and take it with a camera in order to
copy it to a paper as is without changing it, does not fall under that threat
because he is not creating but copying the original creation of Allah, so
generally, taking pictures with cameras or video recording is permissible,
keeping pictures in albums is also allowed but not to hang them on walls or
tables which may lead to sanctification of images which is Haraam
There are separate issues relating to picture-making (TASWEER), hence it would
be good to understand each issue separately and the Islamic ruling on it:
1) Drawing/Painting Pictures of Humans and
Animals
As it is common knowledge, there are countless Hadeeths narrated from the
Messenger of Allah (Peace Be Upon Him) that strictly prohibit painting pictures
of animate objects, for example:
Jabir ibn Abdullah (may Allah be pleased with him) narrates that the Messenger
of Allah (Peace Be Upon Him) forbade the keeping of pictures at home and making
them.” (Sunan Tirmidhi, no: 1749)
Abu Talha (may Allah be pleased with him) narrates that the Messenger of Allah
(Peace Be Upon Him) said: “Angels (of mercy) do not enter a house wherein there
is a dog or a picture.” (Sahih al-Bukhari, no: 5609)
Due to these and many other similar narrations, most classical scholars are of
the opinion that painting and drawing pictures of humans and animals is unlawful
and sinful. They state that ‘picture-making’ (tasweer) of human or animal life
has been explicitly forbidden by the Messenger (Peace Be Upon Him) and as such
it will be sinful. Only Imam Malik (may Allah have mercy on him) is reported to
have differed with this position of general prohibition.
In one of his narrations, Imam Malik (may Allah have mercy on him), contrary to
the other three Imams, is reported to have stated that only those pictures are
unlawful that are three-dimensional and have a body to them, such as statues and
sculptures. A picture that does not have a body or shadow to it will not be
unlawful although somewhat disliked, such as drawing a picture on a paper, cloth
or on any other object. This is one of two positions narrated from Imam Malik,
with his other position being similar to that of the vast majority of classical
scholars.
The position of the vast majority of classical scholars is based on the fact
that there is no distinction in the various Hadeeths between a tangible and
intangible picture. The Hadeeth indicating the permissibility of intangible and
non-solid pictures refers to pictures of other than humans and animals.
Based on this, the reliable and mainstream opinion of the classical jurists is
that picture-making is unlawful, whether by painting a picture on an object or
making a sculpture. This is the position held by the three main Sunni Schools of
Islamic law (i.e. Hanafi, Shafi’i & Hanbali) and also one of two positions
related from Imam Malik.
2) Photography
In view of the above-mentioned one position of Imam Malik, there is no
question with regard to the permissibility of taking photographs, for according
to that position, painting pictures of human or animal life on a paper or fabric
is allowed, hence camera pictures would hold the same ruling.
However, in view of the mainstream and majority position of classical scholars,
the question arises as to whether photos of humans and animals fall under the
type of picture-making prohibited by the Messenger of Allah (Peace Be Upon Him)
in numerous Hadeeths. Camera photos were not in existence when classical
scholars were discussing the issue of picture-making, hence one will not find an
express ruling regarding photography in their works. As such, it was left to
contemporary scholars to determine whether photos held the same ruling as that
of painting and drawing pictures.
Contemporary scholars have differed on this issue:
a) The position of the overwhelming majority of Indo-Pak and some Arab scholars
is that photographs of human or animal life are not permissible for the very
same reasons that paintings of these are not permissible. They state that the
ruling on picture-making does not change by changing the tool with which the
picture is produced. Whether an image is produced by painting it or using a
camera, as long as it is an image of a human or animal, it will remain unlawful
(haraam).
b) The second position on the issue, held by most present Arab Scholars (from
all four Madhabs) and most Ulama of Makkah, Madinah, Egypt and Ulama from the
Indian Subcontinent, is that there is a difference between photos and the
prohibited picture-making (tasweer), in support of this view of permissibility.
Their basic understanding is that the reason behind the prohibition of painting
pictures (in the words of the Hadeeth) is challenging Allah in His attribute of
creating living creatures. However, in camera photos, one does not produce an
image through one’s own imagination. It is merely a reflection of a living being
already created by Allah Most High. This is the more arguably stronger opinion.
3) Live Broadcasting
Scholars have declared that live broadcastings of images do not fall
within the ambit of picture-making (tasweer). A picture is something that is
permanent and static, whilst the image broadcasted live is not permanent hence
cannot be termed a picture. A live broadcast is in reality a reflection of the
actual image, similar to seeing an image in a mirror.
Therefore, if an image of a human or animal is broadcasted live, then this does
not fall into the unlawful picture-making. It will be permitted to broadcast
something live or view a live programme, provided the content of the programme
is lawful (halaal).
4) Video Recording
Video recording in a videotape or DVD is also not considered a
prohibited picture. In a videotape, the particles of an image are gathered and
then re-opened in the same order to view the image. This is the reason why it is
not possible to see the picture in the reel of the tape without playing it.
These are the two positions of contemporary scholars on the issue. There are
great scholars of knowledge, wisdom and piety on both sides of the fence; hence,
it would be wrong to criticize anyone for following any one of these positions.
It is a matter of genuine and valid difference of opinion. It is not an issue
where one may condemn another, and one must respect others’ right to follow
their conscience.
Collected and Revised
By
Hamadi Al-Aslani
Manager of Editing and Translation
B.A. Islamic studies
B.A. English language
Jeddah Dawah Center
With the compliments of
www.rememberAllah.com |