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      The Jurisprudence of Art *                                                                                                                  


 

When is the media (TV. Radio station, cinema) considered legitimate and isn’t it legitimate?

The employment of media varies accordingly; if it serves Islam and its objectives, if it elevates humanity, widens man’s knowledge, improves his morals then, doubtlessly, it is not only considered legitimate but is also regarded a must. However, once it includes any kind of wanton and dissolute activities and programmers, which impure man’s spirit, lower his humanity, serve the purposes of the tyrants and oppressors and support the international arrogance and then it is automatically prohibited. Indeed, just as there is no absolute rejection to such kinds of media in Islam, there is also no absolute acceptance; the employment of such means determines its functionality and application in Islam.

Is it permitted for a pious man to work in a domain of art which is known for its wantonness in a way that doesn’t affect his morals and his religious values as well?

These are two points in this domain. The first one depends upon the person himself and his abilities to withstand temptations. Indeed this person has to know himself; if this job is gong to affect negatively his values and consequently lead him to the path of dissoluteness and licentiousness, then it is prohibited. The other point is related to his role which he plays either in a film or in a play. Once this role is advantageous to the Islamic situation, then there is no problem. However, once it supports the immoral habits and desires in a way that doesn’t suit physically, spiritually, and realistically the Islamic situation then it is prohibited.

In the light of the above mentioned ideas, do I have the right to play a role in a play which disagrees with my Islamic doctrine?

In case this role serves the real image of Islam and functions as a complement to an Islamic role, such as the role of AbiLahab (The prophet’s uncle, one of the leaders of the unbelievers), in his confrontation of Islam, then there is no problem. Where as if this role supports the infidels in a way that the play itself consolidates paganism then it is forbidden.

Are we permitted to play the role of the Prophet and Imams (a.s) on the theatre or in the cinema, especially that this role benefits  Islam and helps in its universal wide spread?

On the first level, there is no absolute rejection to this subject for there is no evidence, either in the Quran or in the Sunnah (traditions) of the prophet,  that prohibits the representation of prophets or Imams by an actor in a play or  in a movie. Yet, here emerges a secondary level of consideration related to the role the actor is playing. The actor has to make sure that his role is not going either to weaken the personalities and the greatness of the holy religious people or undermine them. Indeed, if there is any slight disdain to their holiness, then it is prohibited. Briefly, the action, in itself, is not prohibited. But what is prohibited is whether this role distorts the image of the prophet or not.

Is it permitted for a girl to shake hands with a man if this is required in the film?

Of course, it is prohibited. But if there is a positive necessity for this scene, the girl can wear thick gloves- not the ones made of nylon- simply because this kind allows a direct touch which is forbidden. However, if she is sure that the gloves are too thick not to allow any direct touch then there is no problem.

What is your opinion concerning both the manufacturing of solid shapes and their possession?

With respect to the above mentioned issue, I’d rather take an obligatory precaution by doing without it rather than prohibiting it. Indeed, its prohibition is built upon this obligatory precaution. As to their possession, if they are taken as a object to play with –or similar uses then there is no problem. As a matter of fact, the texts, we usually refer to, and which prevent such shapes, depend mostly on the purpose  they are made for by the artist and not on their use , for it was, many times, mentioned that “the one, who had made a picture or had carved a statue will be asked to infuse life in his statue although he is not a blower, in the doomsday” This statement reveals that this issue depends upon the maker himself whether he is imitating God or not. Thus it is an issue  that has to  do with the mentality of the maker ,and  I, Like any other Jurist, declare that their possession, selling, and use are not forbidden.

Is the statue, which shows only the upper half of the body, subject to the same law?

Indeed, what is prohibited, in this area, is the statue that reveals the whole body of a person. But if this statue shows half of the body because the other half is behind a wall or a curtain, then it is unlawful or, let me say, it is still subjected to be unlawful as compulsory precaution. On the other hand, an incomplete statue which shows part of a man such as a head or the upper part in a way that is generally considered a statue of an incomplete body, then this incomplete statue is not unlawful.

What about drawings, photographs, and the Islamic carves which include Quranic verses and the names of God?

All kinds of photographs are legitimate simply because they are not mentioned among the unlawful acts . As for the carves, they are not considered photographs and they are not at the same time, prohibited.

It is widely spread among teenagers, nowadays, that they are daring enough to either show their sympathetic feelings and admiration to the artists or keep the artists’, photos with them. What is your opinion concerning this phenomenon?

Although I don’t encourage them, I can say that if there is neither promotion nor support to any prohibited deed, we do neither encourage nor prohibit such issues simply because the passionate feelings, which are directed to the artists who are making illegal deeds, may turn to the prohibited deed itself. Needless to say that the believer should enjoin the good and forbid the evil and one of the means of forbidding evil is apparently showing its rejection. This rejection should, at the same time, lead to showing rejection even to the ones who dare to do it, Doubtlessly by showing our admiration to such people, we sympathize with and support their work, and people are usually associated with the singers or the artists via the way they sing or act, so if this way consolidates the prohibited deeds, then, talking positively about the artist or the signer or keeping his/her photo means that we do really support the illegitimate.

What is your opinion concerning the action taken by  some artists , for they arrange parties and donate their profits to either charitable deeds or to help relief  certain miserable circumstances?

It is not allowed to do the good via illegitimate means. If singing is prohibited, then it is absolutely not allowed to be used as means to do the good “God should not be obeyed by means of disobeying Him”

However, if the type of singing is legitimate and its content is not associated with any illegitimate or dissolute act, then it is allowed, whether this party is intended for a charitable institution or it is a confirmation for certain charitable demands which that song expresses.

The Phenomenon of the artists’ repentance and their commitment to the veil is widely spread nowadays (in the Arab countries). Yet some people are doubtful about this phenomenon while others do not take their repentance seriously. Where do you stand? What is lawful about either looking at them or watching their previous photos or films before their commitment?

As to being skeptical, the Islamic view confirms that any Muslim who has just repented and taken the right Islamic path should be regarded as a pious person, for the goodness of the outer appearance reflects what is hidden in this case. For instance, the jurists confirm that the person’s justice is apparently evaluated in the way he behaves “Whosoever fairly treats others, doesn’t oppress or lie and keeps his promises should be regarded as a pious person and therefore his fraternity becomes a must; thus it is prohibited to slander him.”

Since there is no negative Islamic view concerning this phenomenon and since a person can suddenly wake up and realize the life of falsehood he was leading, we should, in this case, not only support and encourage this phenomenon, but we should also sympathize with the artists for their return to God..

With respect to the question of seeing their previous photos before their commitment, I can say that it has two points. First, as Muslims, we are forbidden from seeing any indecent photo which leads to corruption or excitation whether it belongs to the repentant artists or to the unrepentant ones. Next, If these photos, which are taken before the commitment, are decent and don’t lead to either corruption or excitation and if the look helps in appreciating the changes they have made in their life, then it is allowed, yet a look of disgrace and dishonor to them is prohibited.

Q: What is lawful about listening to their songs?

Listening to immoral, licentious, and dissolute songs is prohibited whether the singer is a repentant or unrepentant.

Q: What is your opinion concerning women’s participation in the field of theatres and movies and what are your instructions to the conservative families in this domain?

At the first level, we don’t see any illegitimacy so long as this job doesn’t contradict with our Islamic path. Furthermore, I don’t only encourage such activities, but I see them as a must since they help in enlightening  our people on all levels politically, socially and morally as well. Therefore, I encourage the Muslim women to take part in this important field due to its greatest advantages to the Islamic situation and at the same time due to the greatest role the Muslim Women could be performing.

Q: According to the Islamic conception, what is meant by singing?

From the Islamic point of view, singing is not forbidden, simply because anything around us such as the sound of water falls, the singing of birds, and any other piece of art can provide delight and enchant us, however, once this song pours in the channels of corruption and injustice and once it leads to the excitation of desires then it is prohibited. On the other hand, the songs that praise prophets, sing justice, curse savagery, and draw the awareness towards any political corruption are legitimate.

Q: The Sufi’s rituals are similar to what you have mentioned; do you think that these rituals are a kind of an Islamic art which should be both encouraged and supported?

Since such rituals are neither mentioned in the  Quran nor in the traditions of the Prophet, they should be re-considered in agreement with the legal principles and rules. Although there is no evidence of their illegitimacy, I think that these rituals even in moments of inspiration to God, might give an impression of ignorance to our Islamic law and consequently this is not allowed.

Q: What is your opinion concerning certain ritual practices such as inserting a skewer in the person’s body?

As a matter of fact, such irrational practices affect negatively the Islamic cause. They depend on stimulating both the senses and the passions without depending on the reason and the mind in persuading others. The mind is much more important in convincing people than anything else.

Q: What is your opinion concerning both the embroidery of the word “ALLAH” (God) and the Quranic Ayats?

I­t is not rejected for some embellishing means might be more deeply and positively affective in the soul.

As for touching such words, its legitimacy is not different from any other unornamented holy words.

Q: What is your opinion concerning the new way they recite the Quranic verses and the new means they resort to in order to have a greater effect, such as the recitation that resembles other singing forms?

­All kinds of Quranic recitation, even the ones accompanied by music, are allowed, simply because we allow the kind of musical songs which include words of justice and right, so how about the Quranic verses which contain the words of God? Indeed, what is not legitimate in this sense is the kind of music, which might not suit the holiness of the Quran. My viewpoint in this respect is that music increases the affects on the soul and the spirit. For this reason, we prohibited the musical songs, which support injustice in order that such words might not penetrate into the people’s minds, while we deemed lawful the songs whose words call for justice and fight oppression and tyranny. Most importantly, we encourage the Quranic reciting competitions, which take place everywhere, provided that they do not violate the Quranic atmosphere of piety.

Q: Is it allowed for a man or a woman to take either singing or dancing, which abides by moral obligations, as his/her profession?

Indeed, the jurists’ opinions about singing and dancing vary; some religious thinkers prohibit these two arts because they are considered a kind of play or fun; while others believe that the kind of singing, which doesn’t arouse temptations and which at the same time encourages moral obligations, is lawful. For this reason I do not consider the profession of dancing and singing, which preserves moral obligations, to be prohibited. My teacher, Ayatullah Sayyed Al-Khouee, also authorized this. Needless to say in this sense that although we allow certain things for the lack of evidence that prohibit them, we at same time take into consideration the social restrictions. 

We believe that these two professions are not socially accepted, for throughout our Islamic history, we haven’t witnessed so far a Muslim woman or a Muslim man who has taken either dancing or singing as his profession. Consequently and due to these social restrictions, such kinds of professions are subjected to the secondary considerations of prohibition. Meanwhile, I think that when Muslims’ conditions change and many unfamiliar habits become familiar, such issues, especially if people distinguish between legal art and the illegal one, might become familiar to them, that is why we find ourselves so far cautious about these professions trying to figure out what benefits Islam.

Q: What is the Islamic ruling regarding the performance, the presentation and the display of the incidents of Ashoura’a?

It is natural that any memory similar to Ashoura’a has its spiritual relation with the people’s passions, religion, educational mentality and political movement as well. Accordingly, this memory usually develops in accordance with the development of the means of communication, which help in the process of convincing and clarifying the holiness of the memory of Ashoura’a. In the light of the above mentioned ideas, not only do we encourage the commemoration of Ashoura’a, but we also call for developing the means of portraying it.

 We believe that the performance of the incidents of Ashoura’a on a primitive theatre via primitive means is too poor to lead to a good effect simply because the observer loses this lively and spiritual interaction which the commemoration of Ashoura’a aims at. For this reason, we aim at making Ashoura’a an occasion that does not only concern the Shiites but also a universal occasion that concerns all the people due to its human dimensions. Thus, we need a very well developed technical means and very creative playwrights and artists who compose, direct, and perform the incidents of Ashoura’ on a well-developed modern theater.

Q: It is possible for a famous actress who has played so many different roles to play the role of the holy Zainab(Imam Hussein’s sister) (a.s.)? Or do you ask for certain types of personalities to play this role ?

Why not, especially if the actress is a Muslim woman who possesses all the human affections, and who, at the same time, understands the personality of Zainab (a.s) and knows how to play her role.

Q: You have recently called for acting and performing the Husseini tragedy of the Imam’s martyrdom on both theatre and television. Don’t you think that so many objections from different jurists will be facing you since what you ask for is something unfamiliar to people and to jurists as well?

I don’t think that well educated and open-minded jurists who are fully aware of the modern technology and its impact on the modern man would be irrational enough to reject. Indeed, the jurists and I are fully aware that the modern man is capable of using such technical devices as his means to deliver his messages. Similarly, Islam is in need of such technical means so as to be widely spread and universally understood.

I know that there are certain types of people who usually fear the new… they are complicated from any new idea thinking that this newness would smash their habitual traditions. However, I believe that swimming against the current is risky and needs patience. So. I advise those, who are creative by their nature and are always looking for the best, to endure the difficulties that will be facing them.

We all agree that the conventions do neither mean the end of the world nor do they possess any sense of holiness. For this reason, God (swt) in His Holy book, the Quran, orders us to liberate ourselves from the constraints of blind traditions and conventions. God wants us to observe, to contemplate and to think about such customs in a way that makes us accept what suits our Islamic concepts and reject what doesn’t. We have found our fathers following a certain religion; we are merely walking in their footsteps. Each (apostle) said: What if I bring you a better guidance than that which you found your fathers following? But they replied: We deny the message you have brought”. (Surah 43, Ornaments of Gold (Al-Zukhruf) Aya 23,24).

Q: The changes we have made so far in the way we celebrate Ashoura are so important that they fit the mentality of this century. But don’t you think that this step will be followed by many other and more influential changes to several other Islamic concepts and issues in the coming generations?

Since the Islamic concepts and thoughts are constant in their original and real content, we usually talk about changing the types of expressions and not about the content. However, we have, after a thorough understanding and contemplation to this content and to the issues that might arise, the right to come up with many interpretations. For this reason, we don’t usually fear the changes we have made or we are still making due to our realization that there are open minded and watchful jurists who understand the content of the Islamic conception, the mentality of our generations, thus they constitute a guarantee against any deviation.

Q: The technique of a dramatist requires both a dramatic buildup towards a climax and a skillful plot. These two technical devices might lead to a change in the text. Yet, here the author might face the difficulty of either changing the historical text or technically weakening the plot. How can we solve this problem?

We allow the process of change, on condition that these changes help in the invigoration of ideas but which at the same time do not lead to the violation of the content and the spirituality of the text.

Q: In the past, Jurists used to prohibit the act of acting, but now you do allow it. Does this mean that the past Jurists were wrong?

I don’t think that the Jurists meant acting in itself for the Arabic meaning of the word Acting (tamtheel) might have confused them. Indeed, in Arabic “Acting” (Tamtheel) is taken from (Timthal), a sculpture, and some Sunna and Shiite jurists prohibit the sculptures because they represent paganism. As for acting, I don’t think that they prohibited it.

Q: What do you say if a director commits an error in his choice of the actors and the roles they play? I mean if the most skillful and professional actor plays the role of a wicked character, he might stimulate and affect the audience more than any average actor who plays the role of a reformer. Yet this affects negatively the personalities they are representing.

Whenever we talk about the Karbala theatre, we mean that all the technical devices, including the theatre, the actors, the text, the content and its spirituality should lead to a positive result. That is, the director must take everything seriously and into consideration.

Q: You are calling for understanding the spirit of the twenty first century and for being open to the new civilization. In the light of this call, how can you explain the Prophet’s saying “What Muhammad deemed lawful is lawful until the Day of Judgment, and what he considered prohibited will remain prohibited until the day of Judgment”.

Doubtlessly, what Muhammad (P.) considered lawful was, is and will still be lawful till Doomsday, and what he considered prohibited was, is and will still be unlawful till Doomsday. However, the idea is how to determine and diagnose what is lawful and what is not. For instance, the process of legislation differs and develops from one jurist to another according to their understanding to the text itself.

Another point is that things usually vary whenever any new idea or event occurs. When this variation occurs many new subjects come into existence; accordingly, the legislation changes due to the changes of the subjects. For clarification, we all know that water is not only allowed but it is also essential; however, once it becomes dangerous to our health, it immediately becomes prohibited. For this reason, I think that there is flexibility in the text through which the jurist can tell; thus, it is not strange to find that there is certain degree of diversity of opinions among jurists.

Q: In the Islamic theatre, what are the lawful limits of the actresses and what if the roles they play require shaking hands and exchanging words of compliments and flirtations?

Abiding by the Islamic law is a must. For the actress is prohibited from behaving against what the Islamic law necessities. For instance, the actress is prohibited from appearing unveiled, from shaking hands and from having seductive clothes and make up. As exchanging words of compliments and flirtations, I don’t see any prohibitions, on condition that they don’t exceed the normal limits.

 

 

* Taken from: www.bayynat.org

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