Drawings, Photographs, Live Broadcasting & Video Recording

This post intends to further ellaborate on the enquiries forwarded asked by Bro. Ahmad Suffian. InshaAllah.

This post renders a compilation of advices obtained from Sheikh Muhammad ibn Adam Al-Kawthari, based at the Darul Iftaa, Leicester, United Kingdom. It is pretty comprehensive InshaAllah. I have also included some additions.

First of all, let us start by knowing that there are separate issues relating to picture-making (taswir), hence it would be good to understand each issue separately and the Shari'ah ruling on it.


DRAWING / PAINTING PICTURES OF HUMANS & ANIMALS

As it is common knowledge, there are countless Ahadith narrated from the Messenger of Allah (SAW) that strictly prohibit painting pictures of animate objects.

Some are narrated here:

"Jabir RA narrates that the Messenger of Allah (SAW) forbade the keeping of pictures at home and making them." (Tirmidhi)


Abu Talha RA narrates that the Messenger of Allah (SAW) said:

"Angels (of Mercy) do not enter a house wherein there is a dog or a picture." (Bukhari)

Due to these and many other similar narrations, our Ulama have explained that painting and drawing pictures of humans and animals is unlawful and sinful. The Ulama state that 'picture-making' (taswir) of human or animal life has been explicitly forbidden by the Prophet Muhammad SAW and as such it will be sinful.

The position of the vast majority of classical scholars is based on the fact that there is no distinction in the various Ahadith between a tangible and intangible picture. The Hadith indicating the permissibility of intangible and non-solid pictures refers to pictures of other than humans and animals. (Al-Mugni; Takmila Fath Al-Mulhim)

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.


PHOTOGRAPHY

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 SAW in numerous Ahadith. 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 many Arab scholars and the overwhelming majority of the Ulama of Indo-Pak 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. This is the position of Sheikh Mufti Taqi Usmani and many frontline traditional Ulama of today. It is, without doubt, the more precautious and arguably stronger opinion.


b) The second position on the issue, held by many Arab Scholars (from all four Madhabs) and some from the Indian Subcontinent, is that there is a difference between photos and the prohibited picture-making (taswir).

Sheikh Muhammad Bakhit al-Muti'i of Egypt, a 2oth Century scholar known for his knowledge and piety, wrote a whole treatise entitled Al-Jawab Al-Shafi fi Ibahat Surat Al-Photography in support of this view of permissibility.

His basic understanding is that the reason behind the prohibition of painting pictures in the words of Ahadith is challenging Allah in His Creating of living creatures. In camera photos, however, one does not produce an image through one's own imagination; hence one is not challenging the Creating of Allah as such. It is merely a reflection or "shadow" of a living being already created by Allah Most High.

These are the two positions of contemporary scholars on the issue. They are great scholars of knowledge, wisdom and piety on both sides of the fence; hence, it would be wrong to criticise anyone for following any one of these positions.

It is a matter of genuine and valid difference of opinion. Not like the fragile, ill-equipped self-proclaimed do-it-yourself "Mujtahids" of recent years.

Sheikh Muhammad ibn Adam Al-Kauthari mentions:
(a brilliant advice, for weaklings like us, my brothers and sisters)

"As you have asked about my personal stance, firstly I am by no means in a position of having a 'personal' opinion as such. I follow my teachers and learn from them. I have teachers in the UK and the Subcontinent who prohibit photos, but I also have teachers in the Arab world permitting them.

The position which I follow is that of my teachers who prohibit taking photos, for that is a more precautious and safe position. However, I have complete respect for the position (and practice) of those who permit taking photos.

As such, my practice is that I do not willingly pose for a photo unless there is a genuine need like for a passport or something similar. If I am asked, I politely refuse. At the same time, if someone is taking photos and I am also in attendance going about my own business, I do not go out of my way to prevent him taking my photo. Thus, if you did come across a photo of mine, it is probably because I may have been present in a place where photos were being taken. The recent photo of mine you have referred to was taken in the same context. I had knowledge that photos were being taken and that I may appear in one, but I did not willingly pose for a photo. I hope that makes sense."


LIVE BROADCASTING

Sheikh Mufti Taqi Usmani and many other scholars have declared that live broadcastings of images do not fall within the ambit of picture-making (taswir). 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 (Halal). (Taqrir Tirmidhi)


VIDEO RECORDING

Sheikh Mufti Taqi Uthmani further explains that which is recorded in a videotape or DVD is also not considered a 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 rail of the tape without playing it. (Ibid)

Therefore, if a permitted and Halal event, such as a lecture of a scholar, is played and viewed on a videotape or DVD, it will be permitted, InshaAllah.


THE RULING ON TELEVISION

Note that the above discussion does not in any way relate to watching television. Watching television and keeping it at home is another matter altogether, for which a separate answer is needed. The many harms and evils of keeping a television at home are known to all. This answer only relates to the permissibility of viewing a Halal image through a live broadcast or a videotape/DVD.

Sheikh Taqi Usmani sums this up in one of his Fatwa:

"The images appearing on live programmes or recorded programmes on television are not the pictures in the strict sense envisaged in the Ahadith of the Holy Prophet SAW unless they are printed in a durable form on paper or on any other object. But the basic reason why Muslims are advised not to keep television sets in their homes is that most of the programmes broadcasted on the television channels contain impermissible elements."

Spiritless Pictures

A Common Misconception

A common doubt is that the use of pictures during the blessed time of the Holy Prophet SAW could have become the source of idol-worshiping, but in our time, pictures may serve many purposes - such as establishing the identity of criminals, advertising trademarks, meeting friends and relatives, investigating events and circumstances and numerous other things. For this reason, it has been included in one of the necessities of life. Thus the apprehension of any idol-worship is far too remote to conceive. As such, the prohibition that was made to offset the danger of idol-worship should now be lifted! THIS IS INCORRECT.


A Logical Explanation to Complement the Order of Shari'ah

The answer to this doubt is that first of all, it is not correct to say that in our time, pictures are no more a source of idol-worship or power. There are so many sects and groups even today who worship their peers or attempt to derive power or safety from their images or sculptures. Sometimes it is in the form of statues or mounted framed pictures and other times it is as small as a key-ring, locket, or tattoo. From people who bow their heads to fans or disciples who hold pictures or idols sacred and hang them in widows, cars or lockers, these varying acts are all forms of worship/prayer which in contra should only be reserved for Allah alone.

Let's take the case of a person who was shown a black & white photocopy of the passport photo of his Sheikh's Sheikh. To keep any person's photo is very dangerous to Imaan. Someone at some point would hold the person's photo in high regard. The risks are explained below.

If he were to throw the image on the floor or rip it, the owner of the photo would feel image was disrespected and be distressed more so than if it was some other image. In contrast the person would put it in a safe place away from the floor; it would be looked at when one wanted to be reminded of piety and pious predecessors. Tears would flow reminiscing and remembering one's own shortcomings and the person would raise his hands in prayer to Allah and ask for forgiveness. Sometimes they would feel their prayer is incomplete or lacks spirituality without the use of the image. Even if this was not felt other people including children would see this act and misunderstand it to be a method of their predecessor's meditation. They would replicate the act but be confused in to thinking they must keep the image on display whilst praying. It would not be long before they would be praying in front of and then actually to the image as intermediaries.

The idol worshippers said:

"Wajadnaa aabaa ana kazalika yufaluun"
("We found our forefathers doing like this")

This is Shirk (polytheism) and results in the person losing his Islam.

Another example is the keeping of pictures of heads of state in the entrances of business, this to assert allegiance in front of authorities. A common misconception from this show of allegiance is "If you keep the picture of so and so you will be safe". Pledging allegiance is normally a good thing, however understand that The Protector is Allah alone and not good or bad leaders, royalty, or politicians.

All this can occur in our own time; we just do not know our own future misunderstandings and actions let alone that of others. The risks above are high and cannot be mitigated by knowledge alone, since incorrect actions are more likely to propagate and mutate than correct understanding even if undistorted. It is often said the "a picture speaks a thousand words", however it is not the spiritless picture that speaks but Shaytaan that whispers most of those words to misguide man. The remaining words are filled in by man’s limited Nafs (inner-self).


Pictures, Scultures, etc.

Plays that depict living objects can all mean different things to different people. That is why Shaytaan often uses them to confuse people. In addition it is not necessary either that the wisdom behind an operative divine order should be found in every individual case. The prohibition of pictures due to it being a conduit of idol-worship is not the only reason. In fact, there are authentic Ahadith in which other reasons for this prohibition have also been given.

For example, picture/sculpture making is a duplication of the special attribute of Allah. The name (Musaawir) meaning The giver of form, shape, colour and real presence is of the most beautiful names of Allah and making of pictures and the giving of form, shape and presence is in reality befitting for him and it lies within his power to create among his creations thousands in terms of genes, race, class, category and kinds with millions and billions of living units in each kind. Each being different in shape also.

Take the example of human beings. The form and shape of men is different. So is the form and shape of women. None of them were absolutely the same as anyone else, even identical twins have some features that allow those who know them like their parents differentiate and recognise them. The distinct features of every person are so manifest that an onlooker would easily recognise him without much hesitation. Who can claim to give the creatures such marvellous shapes other than the Almighty Allah?

A human being who makes a sculpture, picture or a painting of someone is claiming for all practical purposes that he or she too can make the same form or image. Therefore it appears in the Sahih of Imam Bukhari and in other Ahadith that on the Day of Judgement, those who will make pictures will be told, "When you have tried to imitate us, make the imitation perfect too - if you have the power to do so. We did not simply make an image. We have invested it with a spirit too. If you claim to have created it then you better put a spirit inside the thing you have made."

Another reason why a picture is prohibited appears in authentic narrations of Hadith where it is said that the angels of Allah hate pictures and dogs. Angels do not enter the house that has these and so the bliss and radiance in the house is removed and the ability of the residents to worship and remain obedient to Allah is reduced.

Yet another reason appearing in some Hadith that pictures are unnecessary embellishments of this world. Of course in our time, pictures yield many benefits but thousands of crimes including those that range between immodesty and pornography, also breed and flourish from these very pictures. In short, it is not simply one reason alone that was made the basis for it's prohibition, rather there is a host of reasons why the Shari'ah of Islam has declared it prohibited to make and use pictures of the living.

Now if we were to suppose that there is some particular person in whom these causes are not found, then from this stray incident, the rules of the Shari'ah cannot change.

According to the narration of Abdullah ibn Mas'ud RA appearing in the Sahih of Imam Bukhari and Muslim, the Holy Prophet SAW is reported to have said:

"Of people the most affected by punishment on the Day of Judgement shall be the makers of pictures." (Bukhari)

Then a narration from Abdullah ibn Abbas RA:

"Every picture maker will be in Jahannam." (Bukhari & Muslim)

Pictures Of Animate Objects - 101

The purpose of this post is to answer a recent question from the ReviveIslam googlegroup.

Evidence Of The Unlawfulness Of Animate Picture Making In Islam

The Prophet Muhammad SAW said:

"Every maker of (animate) pictures will go to the fire, where a being will be set upon him for each picture he made, to torment him in Hell."

The Prophet Muhammad SAW said:

"Whoever makes an image shall be required (on the Last Day) to breathe a spirit into it, but will never be able to do so."

Rasulullah SAW prohibited making pictures of animate objects. He (SAW) even stated that (mafhum):

"The angels of mercy do not enter a house in which there are pictures of animate objects." (Bukhari)

The Wisdom Behind The Prohibition Of Animate Picture Making

One of the reasons for the prohibition of making and taking pictures of animate objects is that it leads to idolatory.

This fact can be seen from the story of the Prophet Nuh AS (Noah) and his disciples. The disciples of Nuh AS were deeply revered and respected by their followers. After their demise, they made pictures of the disciples and placed them in their places of worship. Gradually over a period of time, the people started worshipping the disciples.

Since the background of this was making pictures, and it has a potential of becoming the means of committing Shirk, Islam has prohibited anything that has to do with Shirk directly or indirectly. It is for this reason that we do not find any of the Sahabah RA who drew and thus preserved pictures, and thus there is no picture of Rasulullah SAW and his Sahabah RA.


Discussion On Legal Rulings Relating To Artistic, Photographic And Televisual Depiction of Animate Life

It is not permissible to purchase or portray pictures of any animate object, be it images on clothes, on books, newspapers, advertisements, etc. However, where there is a need (the word need her must not be abused), for example, pictures of animate objects need to be viewed for educational purposes, then it will be permissible.

The concept that many people have that if the eyes / ears / nose are removed from the picture of animate object, it no longer remains "a complete animate picture, is in fact a misconception.

The Fuqahaa (jurists) are unanimous that the entire head of the animate object has to be removed then only will it be permissible. Merely removing the eyes is not sufficient.

There is no difference between images of a fictional character (e.g. aliens, monsters, etc.) and a real life character. The underlying factor is that it is an image of an animate object which is not permissible.

Ruling On Televisual Images

The Ulama differ in their opinions regarding the images that appear on TV and videos.
According to many reliable Ulama like Mufti Taqi Uthmani, televisual images is not strictly Tasweer (picture making) as it is not in durable form.

However, we should also be well informed that there are many other reliable Ulama who do not differentiate between an image being durable or not. Hence televisual images is prohibited.

It is, therefore, best, out of Taqwa, to exercise precaution and abstain from any form of electronic capturing of animate pictures.

However, in view of the differences of opinion, there is a leeway only in the case of dire need, for example, to expose massacre and oppression against Muslims. That is not so in using an audio visual tool for entertainment like in marriage ceremonies and parties.

If There is NEED To Draw An Animate Object, What Part Of The Animation Must Not Be Drawn?

The whole head of the animate object must NOT be drawn.

Decorating Walls And Portraying On Tables etc.

It is unlawful to decorate walls with pictures of animate life.

Attendance Of Function Becomes Not Obligatory

Generally, it is known in the Shari'ah that it is obligatory for whoever invited to a Walimah feast for Nikah to attend, and whoever who does not respond to the invitation has disobeyed Allah and His Messenger SAW, even though he/she is fasting or not.

However, it should be known that among conditions which must be fulfilled, that will make attendance obligatory include:

"that there will be nothing blameworthy there such as flutes, wine, silk-covered sitting mats, or pictures of animate life on the ceiling, walls, upright pillows, or draperies; or clothing inscribed with something blameworthy, and so forth."

Such is the ruling on animate objects in Shari'ah.

In a rigorously authentic hadith, Rasulullah SAW is narrated to have said:

"Allah curse those who make pictures."