Photography and Modern Challenges - Book Revision 2 PDF
Photography and Modern Challenges - Book Revision 2 PDF
&
Modern Challenges
Published by
Madrasah Taleemuddeen, Isipingo Beach,
Durban, South Africa
Title: Photography & Modern Challenges
iii
Shaafiee Mazhab............................................................................................ 25
Hambali Mazhab............................................................................................. 28
Fatwa of Hadhrat Mufti Mahmood Sahib ................................. 29
Way Forward.................................................................... 71
v
Which differences are accommodated in Deen? ....................... 71
Merit of argument........................................................................... 72
Exercising caution in the matters of Deen ................................. 74
The statement of Hadhrat Allamah Anwar Shah Kashmiri
regarding photography ........................................................ 74
Conclusion ........................................................................ 76
The disastrous consequence of legalising photography
(by Hazrat Moulana Yunus Patel Sahib ) ......... 77
Cartoons and films portraying Ambiyaa and
Sahabah ......................................................................... 80
vi
b
Foreword Hazrat Moulana
Nimatullah Azami (Daamat
Barakaatuhu)
Bismihi Taala
Moulana Muzzammil Ali Sahib presented to me the book
Photography and Modern Challenges written by Moulana
Zakariyya Makada Sahib. Notwithstanding the differences of opinion
regarding digital photography, every person agrees that it is incorrect
to use photography for Deeni purposes. Apart from the moral
degeneration that television causes, it is the cause for a whole host of
other evils and wrongs. It is incorrect to utilise every means whether
permissible or impermissible for the propagation of Deen. Instead,
Islam has ordained upon us to utilise for the dissemination of Deen
only those means which conform to Deen. Furthermore, even if one
wishes to propagate Deen via the television, there are many obscene
pictures, musical tones and shameful acts one viewing the television
will come across which one cannot safeguard himself from. Similarly,
many adverts of an impermissible nature are aired between the so-
called permissible programmes. Safeguarding oneself from such
wrongs is just an illusion which is a far cry from reality. Whenever a
1
Sharee decision is taken, the outcome and evil consequences are
taken into consideration. Therefore, the verdict of permissibility
cannot be issued for the television to be used as a tool to propagate
Deen.
It is my duaa that Allah Taala blesses the Muslims at large with
the ability to practise on the commands of Shareeah in totality and
refrain from its prohibitions, and may He reward the author
abundantly. Aameen.
(Hadhrat Moulana) Nimatullah Azami
Ustaaz of Hadith, Darul Uloom Deoband
4 Zul Qadah 1433
2
Foreword Hazrat Mufti
Ebrahim Salejee Sahib (Daamat
Barakaatuhu)
Bismihi Taala
One of the distinguishing traits of the Akaabir Ulama-e-Deoband was
that with respect they openly and clearly expressed what they
understood to be the correct position in the light of the Quraan and
Sunnah. Hadhrat Moulana Ashraf Ali Thanwi differed in
several masaail with some of the senior Ulama of the time. Hadhrat
Thanwi clearly expounded what he regarded as the Haq
(truth) in those issues and remained steadfast upon the view he had
adopted.
The above has always been the stance of the Ulama-e-Kiraam.
This is a sign of them being the flag bearers of the Truth. They did
not refrain from expressing what they understood to be the truth out
of consideration for anyone. In a respectful manner they supported
what they believed to be correct. It was not their manner to hide the
truth and refrain from expressing it.
May Allah Taala keep this legacy of the Ulama-e-Deoband alive
and grant His Divine assistance in such efforts. May Allah Taala
enlighten our hearts and guide us towards His pleasure. Aameen.
It is therefore pleasing that Moulana Zakariyya Makada Sahib has
undertaken the task of discussing this crucial topic and explaining its
3
reality. May Allah Taala accept this noble effort and make it a means
of benefit for the ummah.
(Hadhrat Mufti) Ebrahim Salejee
Principle of Madrasah Taleemuddeen
Isipingo Beach South Africa
4
Foreword Hazrat Moulana
Muhammad Ilyas Patel Sahib
(Daamat Barakaatuhu)
Bismihi Taala
The rapid progress of technology has provided mankind with many
useful items and instruments and also created many challenges.
Among the various two-edged swords that technology has dished
out, which are in almost every persons hands, are the cell-phone and
the internet. While the benefits of these items are numerous, the
misuse or abuse of the same has already resulted in havoc and
devastation in many peoples lives. Therefore, everything that
technology dishes out is not to be immediately grabbed with both
hands. First its position in Shareeah must be properly ascertained,
whether it falls within the limits of permissibility or not. If it is
permissible, what are its limits? Despite being permissible in
principle, would its use affect other Sharee objectives? All these
aspects have to be carefully considered before any view can be
expressed.
In particular, the question of digital photography demands that
the highest levels of caution be exercised in ascertaining its Sharee
position. This is demanded by the fact that the Shareeah has sounded
severe warnings against picture making. Rasulullah is reported to
have said: Those who indulge in picture making (of animate objects)
5
will be subjected to the worst form of punishment on the day of
Qiyaamah (Saheeh Bukhari).
In the eyes of almost every layman, a digital photograph and any
other picture are one and the same both are pictures. The highly
academic debate whether there is any difference between the two or
not is unknown to most people and way beyond their understanding.
Furthermore, many experts have given detailed arguments to prove
that a digital picture is really just that a picture. This reality,
coupled with the severe warnings in the Hadith already mentioned
above, has elevated the issue of digital photography way beyond
other issues wherein differing views have been expressed. This matter
demands that the highest level of caution be exercised.
Moulana Zakariyya Makada Sahib (Sallamahu Taala), a senior
Ustaaz of Hadith at Madrasah Taleemuddeen, Isipingo Beach
undertook the task of researching this topic in-depth and of
evaluating the issue from various perspectives. May Allah Taala
accept it and make it a means of great benefit for the entire ummah.
Aameen.
(Hadhrat Moulana) Muhammad Ilyas Patel
Senior Ustaaz of Hadith
Madrasah Taleemuddeen
Isipingo Beach South Africa
6
b
Introduction
As Qiyaamah draws closer, the fitnah and fasaad are ever increasing
and trials and tribulations are incessantly raining upon the Ummah.
The prophecy of Rasulullah which was explained to the Sahaabah
over fourteen hundred years ago is a reality today. Hadhrat Abu
Hurairah reports that Nabi said:
) ,/ (/
_______________________________________________________
: " :
:
7
O my Sahaabah, what will be the condition of my Ummah when
your youth will commit sin openly and your women will transgress all
limits? The Sahaabah said, Will such a time ever dawn upon the
Ummah? Nabi said: Yes, and even worse. Nabi then said: O
my Sahaabah, what will be the condition of my Ummah when you will
stop enjoining good and forbidding evil? The Sahaabah said, Will
such a time ever dawn upon the Ummah? Nabi said: Yes, and
even worse. Nabi then said: O my Sahaabah, what will be the
condition of my Ummah at that time when you consider wrong to be
right and right to be wrong? (Musnad Abi Yalaa 6/50, Al-Mujam
Al-Awsat Lit-Tabraani 10/152)
Amongst the most heinous offences and crimes in the sight of Allah
Taala is that one regards as halaal that which Shareeah has declared
as haraam or that one considers haraam what Shareeah has declared
as halaal. This was the primary cause for the destruction of the past
nations (Jews and Christians). When they began tampering with the
divine Shareeah of Allah Taala to suit their whims and fancies, the
azaab (divine punishment) of Allah Taala rained upon them and
seized them.
Allah Taala had entrusted the preservation of the past Shareeah
(divine laws) to its people. However, they tampered with their
Shareeah and adulterated their heavenly scriptures. As for the
Shareeah of Muhammad and the Holy Quraan, since it is to
remain until the end of time, Allah Taala has taken divine
responsibility of protecting and preserving it. The Quraan Shareef
declares:
_______________________________________________________
. .
8
Indeed, We are the Ones who have sent down the Zikr (the Quraan),
and We will surely protect it. (Surah Al-Hijr, Aayah 9)
Nabi foretold that while the Bani Israaeel were divided into
seventy-two groups, his ummah will be divided into seventy-three
groups. Nabi thereafter said that only one group will be rightly
guided. They will be those who follow my path and the path upon
which my Sahaabah tread.
The book in your hands titled Photography and Modern
Challenges deals with the fitnahs affecting the Ummah and in
particular the masalah of digital photography. The book explores the
Sharee ruling regarding digital photography by undertaking a
detailed research of the Ahaadith of Rasulullah , the verdicts of the
Sahaabah and the four Imaams of fiqh.
We earnestly make dua to Allah Taala to accept this humble
effort and make it a means of establishing the truth of Islam and
preserving the Shareeah in its pure and pristine form. Aameen.
9
Fitnahs and Trials
Challenges facing the Ummah
From the time of Rasulullah , the Ummah faced various trials and
tribulations. Some related to the Kuffaar who were bent on
destroying and demolishing the structures of Islam, whilst others
related to the Munaafiqeen who persistently and tirelessly worked
towards creating doubts and confusion among the Muslims. Nabi
and the Sahaabah defended Islam and taught the Ummah the
manner in which they should contend with such problems.
In the time of Hadhrat Abu Bakr , the fitnah of irtidaad
(apostasy) broke out in the Ummah. At that crucial juncture, Allah
Taala divinely aided Hadhrat Abu Bakr in combating the forces of
kufr and preserving the Shareeah of Islam. His words to Hadhrat
Umar as recorded in the books of Hadith ring out aloud, not in the
ears, but in the hearts of the believers until this day:
""
Will any weakness creep into Deen while I (Abu Bakr) am alive?
10
period of Hadhrat Uthmaan when the fitnah spread among the
Muslims in Armenia and Azerbaijan in relation to the various dialects
of the Quraan, Allah Taala inspired Hadhrat Uthmaan to compile
the Quraan and preserve all the dialects in the manner it was
revealed. During the Khilaafat of Hadhrat Ali , when the deviated
sect, the Khawaarij, detached themselves from the Sahaabah and
the rest of the Ummah, and began reinterpreting Deen and the
Quraan, Allah Taala divinely empowered Hadhrat Ali against
them. Hence, wars and battles were fought and the fitnah was
eradicated and wiped out.
In essence, whenever a fitnah arose in the past centuries of Islam,
from the era of Nabi , the Khulafaa-e-Raashideen, or in the era that
followed, regardless of whether it related to the fitnah of Khalq-ul-
Quraan, the Shias, Khawaarij, Murjiah or Mutazilah, etc., and
whenever Islam was under attack or any aspect of the Shareeah was
targeted, there always existed a group of the Ummah who stood up
for the defence of Islam. They were prepared to sacrifice their wealth
and property, as well as to lay down their lives for the protection and
preservation of the Deen of Islam.
)
(/
Rasulullah said: There will always be a group from my Ummah
who will be divinely assisted to remain firm on the truth. Those who
will oppose them will not be able to harm them until the decision of
Allah Taala will come.(Ibnu Maajah 1/3)
11
One of the greatest fitnahs of this time
Over the last five decades, the world has made such astounding
progress and advancement in technology that was never witnessed in
human history. The means of communication have expanded
extensively through modern day inventions such as the television, cell
phones, computers, internet, etc. Hence, a person in the east can
communicate with a person in the west with complete ease and
comfort whilst sipping a cup of tea. Volumes of information can
easily be accessed in a matter of seconds from websites around the
globe. One is able to find solutions for complex problems from health
to finance or most issues that affect our daily life. At the press of a
button, one is confronted by an explosion of information from all
over the world.
12
committed on the face of this earth. Every imaginable way that can
spur up mans carnal desires and arouse his sexual passions is
accessible by all and sundry without any restrictions. Illicit
relationships are initiated through social networks such as Facebook,
Twitter, Myspace, etc. Man has surpassed all limits and has broken all
bounds in disobeying Allah Taala via these mediums of so called
human advancement and progress. The Kuffaar through these
modern day inventions have succeeded in exporting their western
culture across the globe. They have managed to reach even the most
sacred sanctuaries of Islam i.e. Makkah Mukarramah and Madinah
Tayyibah. Through the blessing of Facebook, Mxit, Twitter, etc. one
is able to freely interact with the opposite sex, present a video of
his/her personal life and display it before the world without going to
Hollywood. In short, the degeneration of Islamic morals and values in
the Muslim Ummah is taking place faster than an avalanche on
account of these hell phones, webs and nets of Shaitaan.
13
one is free to choose what makes most sense to ones own logical
reasoning or supports his situation. The path adopted is very often
motivated purely by ones personal desires. The need to refer to the
doctors of Deen no longer remains.
The Deeni commitment and dedication that existed at one time in
the world no longer exists. People consumed by personal interest
utilize these modern day inventions and technologies to find
justifications for themselves in fulfilling their desires. Over and
above, through the internet the masses have access to the various
commentaries of the Quraan and Hadith, thereby engaging
themselves and encouraging others towards self-study. The outcome
of such self-study is nothing but reaching incorrect conclusions and
erroneous deductions. Thus, instead of following the pure and pristine
brand of Islam that Rasulullah brought to us, they choose a new
brand of Islam for themselves. Nabi prophesised the coming of
such critical times in his Mubaarak Hadith:
(/ )
Rasulullah is reported to have said: I especially fear three
shortcomings in my followers. Firstly, due to abundance of material
wealth and possessions, jealousy will spread among them for one
another. Secondly, they will begin to freely discuss the Holy Quraan
(without expert guidance), whereas many meanings are such that
cannot be understood by anyone except Allah Taala. (In regard to
such verses), the well-versed scholars of the Book say: We fully
believe in it, and that it has come from Allah Taala (thus how much
14
more careful should the common people be). Thirdly, the religious
scholars will be neglected and people will not pay any attention
)towards their teachings. (At-Targheeb Wat-Tarheeb 1/152
) (
!Miqdaam bin Madi Karib reports that Rasulullah said: Behold
I have been given the Quraan and its likeness as well (the Hadith).
The time has drawn close when a man will eat to his fill, then while
resting on his couch he will say: Hold firm to the Quraan only, (and
not the Hadith). Whatever you find in it as halaal regard it as halaal
and whatever you find in it as haraam regard it as haraam, whereas
)whatever Rasulullah declared haraam (in his Mubaarak Hadith
has the same status as Allah Taala declaring something as haraam.
)(Mishkaat pg.29
15
(/ ) .
Yazeed bin Haroon, a student of Muaaz bin Jabal reports that
whenever Muaaz would deliver a lesson or lecture he would
commence by saying, Allah Taala is the Just King who decides all
affairs. Destruction is for those who doubt this.
On one occasion, whilst sharing some advices with the people, Muaaz
bin Jabal said: Many trials will appear in the days to follow.
Wealth will become abundant and the study of the Quraan will
become widespread. The Believers and hypocrites, men and women,
young and old, slaves and free people, all will independently study the
Quraan and reach incorrect conclusions. Some people (aspiring for
leadership) will begin to think within themselves, What is wrong
with the people? Why are they not following me whereas I have
studied the Quraan? Perhaps they will follow me if I introduce
something new (not supported by the Quraan and Sunnah). (Muaaz
thereafter cautioned the people saying,) Beware of such people
who bring about innovations in Deen. Innovations in Deen are clear
misguidance. I further warn you against the error of a wise man
(righteous guided Aalim). For indeed, Shaitaan at times causes a wise
person (righteous guided Aalim) to utter a word of misguidance and a
hypocrite can utter a word of truth. Yazeed says that I then asked
Muaaz , How will I be able to distinguish the misguidance uttered
by a wise person (righteous guided Aalim) and the truth spoken by a
hypocrite? Muaaz replied, Yes undoubtedly, refrain from
(following) such statements of the wise person (righteous guided
Aalim) which when it is circulated among the people it becomes a
target of objection (among the learned scholars). However, this should
not divert you from him (righteous guided Aalim) for it is possible
that he will retract. Furthermore, accept the truth whenever you hear
16
it for indeed the truth is accompanied with noor (Divine light). (Abu
Dawood 2/632)
17
Picture making and
Photography
Picture making in Islam
The picture making industry has advanced in leaps and bounds
through these modern day inventions. It has broken all records in
perfecting the art of photography. From ink to film and finally to an
array of light sensitive sensors, man no longer requires the effort to
manually sketch and design the picture. The technology that he has
engineered called digital photography automatically fulfils the task.
The question we ought to ask is: Is this also not the very same
picture-making which Rasulullah prohibited us from over fourteen
hundred years ago? Is this not the very same picture-making with
regard to which Rasulullah sounded severe warnings in his
Ahaadith for those involved in its production? Consider the
following Ahaadith:
18
/ )
(/
It is reported from Imaam Amash , who narrates from his
Ustaaz, Muslim that Masrooq was once in the house of
Yasaar , when his sight fell on some pictures. He immediately
narrated the Hadith he heard from Abdullah bin Masood who
related from Rasulullah that he said, Those involved in picture-
making will be subjected to the worst forms of punishment on the day
of Qiyaamah. (Bukhaari 2/880, Muslim 2/201)
/ )
(/
Abdullah bin Umar reported that Rasulullah said, Those
involved in picture making will be severely punished on the Day of
Qiyaamah and Allah Taala will say to them, Give life to what you
have created!. (Muslim 2/201, Bukhaari 2/880)
(/ / )
Qataadah said, I was once in the company of Ibnu Abbaas
when someone posed the question regarding picture making. Ibnu
Abbaas said that he heard Rasulullah saying: The one who
creates a picture (of an animate object) will be commanded on the Day
of Qiyaamah to infuse the soul in it, and thereby give life to it.
19
However, he will never be able to give life to it (hence he will face
severe torment and punishment in the fire of Jahannum). (Bukhari
2/881, Muslim 2/202)
Hanafi Mazhab
)
(/
Allamah Badruddeen Aini states: The author of At-taudheeh explains
that our Fuqahaa are of the opinion that producing the
picture of any animate object is ruled as the worst form of haraam
sins and is counted from among the major sins. Producing pictures of
animate objects is haraam, irrespective of whether the picture is
regarding things that are disdained and disgraced (such as a picture
20
on a floor mat which is walked upon) or not. The basis for the
impermissibility (of picture making) in Shareeah is producing
something that resembles the creation of Allah Taala. It is immaterial
whether the picture was imprinted on a cloth, rug (floor mat), coin,
note, utensil or on a wall, regardless of whether it has a shadow (i.e. it
is a statue) or it does not have a shadow (i.e. it is a sketch). As for
inanimate objects (e.g. trees etc.), it is permissible to draw them. This
is the preferred view of Imaam Maalik , Sufyaan Thauri
, Imaam Abu Hanifah and others.
(/ )
Under the topic of wearing clothes with animate images Allamah
Shaami writes: From the explanation of Imaam Nawawi
, we understand that there is consensus that producing animate
images is haraam. He further states that irrespective of whether the
picture is disdained and disgraced or not, in all cases it will still be
haraam. The basis for the impermissibility (of picture making) is
producing something that resembles the creation of Allah Taala. It is
immaterial whether the picture was imprinted on a cloth, rug (floor
mat), coin, utensil or on a wall, etc. Therefore, it is appropriate to
classify it as haraam and not makrooh, especially since it is
established through consensus or an authentic proof via a sound
transmission.
21
(/ )
Similarly, Allamah Kaasani says that the prohibition is in
regard to animate images due to what has been narrated from Ali :
Whoever produces an image of an animate object, then on the Day
of Qiyaamah he will be commanded to give life to that image,
whereas he will not be able to give life to it. There is no prohibition
in regard to inanimate objects due to the narration of Ibnu Abbaas
where he prohibited an artist from producing animate images. The
person responded: How should I then acquire an income? He
replied: If this is your only source of income then sketch inanimate
objects.
Maaliki Mazhab
...
(/ )
The renowned Maaliki scholar, Allamah Dusooqi explains: In
brief, producing statues is Haraam, be they of humans or animals,
provided it is a fully developed statue with all the limbs, irrespective
of whether the statue is sculpted from something that will remain
22
(e.g. stone) or from something which will not remain e.g. producing a
statue from melon peels. Looking at such a statue will also be
haraam, since looking at an impermissible object is haraam.
)( :
)( : : ) (/
mentions that I enquired from Imaam Allamah Ibnul Qaasim
regarding pictures that are drawn on armour, swords, Maalik
replied: It is makrooh. watch-towers etc. Imaam Maalik
explained the reason for its Thereupon, Imaam Maalik
prohibition i.e. it was created (by man).
Note: Though there are several views recorded in the Maaliki kitaabs
regarding pictures of animate objects, however, the preferred view of
the Maaliki mazhab is that pictures of animate objects are
impermissible (Makrooh-e-tahrimi). This is also recorded in Sharhu
Mukhtasar al-Khaleel 3/303 1
_______________________________________________________
,
,
). / -(
:
" /
23
_______________________________________________________
" " /
.
:
) (
/
/ :
...
/
/
) (/
24
Shaafiee Mazhab
) (/
states: Our companions as well as other Allamah Nawawi
scholars explain that picture making of all animate objects is declared
as the worst form of haraam actions and counted from among the
major sins due to the severe warnings reported in the Mubaarak
Ahaadith. This law (the prohibition of picture making) applies
regardless whether one produces the picture of an animate object that
will be disgraced or not. The basis for the impermissibility of picture
making in Shareeah is producing something that resembles the
creation of Allah Taala. It makes no difference whether the picture
was imprinted on a cloth, a rug (floor mat), a coin, a note, a utensil or
on a wall. However producing pictures of inanimate objects such as
25
trees or carriages, etc. is permissible. The above-mentioned laws
apply to the actual picture making. As far as keeping a picture of
animate objects in ones possession, the following laws apply:
1. If it is hung on the wall, or it is imprinted on clothes that
are worn, or imprinted on a turban, or anything else which
is not despised or disgraced then keeping it in this manner
is haraam.
2. If it is imprinted on a rug/floor mat or on a pillow or a
sheet placed over a donkey or anything that is despised, it
will be permissible, irrespective of whether it is a thing
that has a shadow (i.e. a statue) or it does not have a
shadow (i.e. a picture of an animate object).
In essence, this is our mazhab and this is the preferred opinion of the
Sahaabah , the Taabieen and those who followed them, such as
Imaam Maalik , Sufyaan Thauri and Imaam Abu
Hanifah . (Ash Sharh lin-Nawawi)
) ( )
(
)
(/
Allamah Ibnu Hajar Haysami mentions that pictures of
animate objects are impermissible, even though it may be sketched on
the ground and even though there may be no likeness for it on earth.
This action (of sketching an animate object) is itself a grave sin
regarding which severe warnings have been sounded in the Hadith.
Those involved in picture making are cursed and on the Day of
Qiyaamah, they will be subjected to the worst forms of punishment.
26
) (
(/ )
Allamah Shirbeeni of the Shaafiee mazhab says that pictures
of animate objects are impermissible in the light of the Hadith due to
it resembling the creation of Allah Taala. Mutawalli says: It
(the prohibition) applies equally irrespective of the image having a
head or not, contrary to Imaam Abu Hanifah . Azraiy
says: According to us it is acknowledged that a headless picture is
permissible due to the Hadith explaining that the heads should be
removed.
Note: The generality of the statement of the author demands that
there is no difference whether the (animate) image is sketched on a
wall, the ground or on a cloth.
)(
) ) (
(/
Allamah Ramli says that pictures of animate objects are
impermissible even though it may be sketched on the ground and
without a head. The basis of the impermissibility is due to it having
stability and remaining all the time. As for animate images then, it is
haraam even though there may be no likeness for it on earth. This is
27
due to the severe warnings sounded in the Hadith regarding picture
making.
Hambali Mazhab
.
, ...
(/ )
Allamah Murdaawi in his kitaab Al Insaaf says, Producing
pictures of animate objects is haraam. However, producing pictures
of trees etc. and statues that do not resemble animate objects is
permissible, to hang an animate object and to hang a curtain with
animate objects is haraam.
:
:
(/ )
Allamah Ibnu Qudaamah , the famous Hambali scholar writes:
It is totally haraam to produce an image of an animate object.
Hadhrat Ibnu Umar reports that Rasulullah said, Those
involved in picture making will be severely punished on the Day of
Qiyaamah and Allah Taala will say to them, Give life to what you
have created! Masrooq said that on one occasion I
accompanied Abdullah bin Masood , we entered a house wherein
there were (animate) pictures. Abdullah bin Masood enquired
28
regarding one of the pictures, Whose image is this? They replied: It
is the image of Maryam. Abdullah bin Masood then quoted
Rasulullah as saying: Those involved in picture-making will be
subjected to the worst forms of punishment on the Day of
Qiyaamah.
(/ )
Ibnu Taymiyyah writes: The impermissibility of picture-making is
on account of the fact that it would be worshipped and in it is
i.e. the one drawing an animate object is resembling Allah
Taala in the power of creation. The one performing Salaah before it
resembles the one worshipping it.
_______________________________________________________
1
Fataawa Mahmoodiyah, vol. 29, p. 290
29
Fatwa of Hadhrat Mufti Muhammad Shafee Sahib
For producing a picture, the situation of the masalah does not change
whether it is produced using colourful pens or whether it is captured
through a machine (camera).1
The warning that has been sounded in the Hadith regarding picture
making applies to pictures of all animate objects. The entire Ummah
has consensus on its prohibition. However, may Allah Taala destroy
western modernisation which has began to prove permissible that
which is accepted as haraam by consensus.3
It is not only our Akaabir, but the Fuqahaa of the entire Ummah have
consensus on the fact that a photo is haraam. However, a picture of
half the body or less will be allowed for passport reasons and other
_______________________________________________________
1
Tasweer ke shariee ahkaam, p. 61
2
Ahsan-ul-Fataawa, vol. 8, p. 437
3
Bayyinaat Ishaaat-e-khaas, p. 350
30
necessities and the consequence of this will fall on those who have
1
made such laws.
_______________________________________________________
:( ): )(
:
Allamah Ibnul Qaasim mentions that I enquired from Imaam
Maalik regarding pictures that are drawn on armour, swords,
watch-towers etc. Imaam Maalik replied: It is makrooh.
Thereupon, Imaam Maalik explained the reason for its prohibition
i.e. it was created (by man).
32
who lived in the period between Aadam and Nuh . Their
people held them in high esteem and followed their example. Even
after their death, people followed their footsteps and obeyed the
Divine injunctions of Allah Taala. It was not long thereafter that
Shaitaan gave them the idea of making pictures and statues of their
righteous elders and placing them before them at the time of worship.
Shaitaan told them that their worship would be perfectly in order and
that it will enhance the quality of humility in their Ibaadat. Hence,
people fell into this satanic trap, began carving statues of their pious
predecessors, and placed them in their places of worship. When they
saw the statues of their elders, their memories were refreshed and
they experienced a special motivation. Many years later that
generation passed on and a new generation was born. Shaitaan
played another trick with them. He misguided them in believing that
their elders worshipped statues and idols. They fell for this trick and
began worshipping idols. Thus, in this manner, idol worship
commenced in the world.
Since Nabi is the final messenger of Allah Taala, and his
Shareeah is the last Shareeah which will remain till the Day of
Qiyaamah, Allah Taala protected it from every practice that could
possibly lead to shirk, kufr or open the doors to transgression. Hence,
the Shareeah of Islam has strictly forbidden the practices of
consuming wine, intermingling of sexes, prostrating before someone
and picture making.
33
Digital Photography
Is digital photography the same as picture
making?
The name digital photography itself reveals its true identity and
position. It clearly indicates that there is no difference in the reality of
a picture produced through digital photography, compared to the
picture drawings that were existent from time immemorial. However,
since there has been some debate around the issue, the need was felt
to undertake a thorough examination of this question to reveal
whether digital photography comes within the scope of the
prohibition of picture making.
_______________________________________________________
1
Digital photography is a form of photography that uses an array of light
sensitive sensors to capture the image focused by the lens, as opposed to an
exposure on light sensitive film (Analog photography).
The image sensor turns light into discrete signals, replacing the job of film
in traditional photography. The sensor is made up of millions of "buckets"
that essentially count the number of photons (particles of light) that strike
34
1. In the first stage the camera's multiple light sensitive sensors
capture the brightness of each pixel.
2. These sensors thereafter convert the captured brightness of
each pixel into a digital value. E.g. Red=46, Blue=70,
Green=100
3. The software in the camera (firmware) or on a computer then
reads the value recorded for each pixel (in step two) and
displays the image on the screen (generated by the camera).
Thus, there are several stages through which the digital photo passes,
before it is displayed as an image. Each picture is first created and
then displayed. This is very swiftly followed by the creation and
display of the next picture.
_______________________________________________________
the sensor. This means that the brighter the image at a given point on the
sensor, the larger the value that is read for that pixel.
Firmware in the camera, or a software in a raw converter program such as
Adobe Camera Raw, interprets the raw data from the sensor to obtain a full
colour image, because the RGB colour model requires three intensity values
for each pixel: one each for the red, green, and blue (other colour models,
when used, also require three or more values per pixel).
The captured image is then stored as a digital file ready for digital
processing (colour correction, sizing, cropping, etc.), viewing or printing.
Until the advent of such technology, photographs were made by exposing
light sensitive photographic film, and used chemical photographic processing to
develop and stabilize the image. By contrast, digital photographs can be
displayed, printed, stored, manipulated, transmitted, and archived using
digital and computer techniques, without chemical processing.
Note: The above information was sourced from Wikipedia and presented
with brevity.
http://en.wikipedia.org/wiki/Digital_photography
http://en.wikipedia.org/wiki/Digital_camera
35
From the above discussion, it is clearly evident that all digital
cameras, be they standalone cameras, cameras built into cellular
phones, CCTV, web-cams, etc. produce images within milliseconds
and then display them (even before one captures it or saves it to
memory1).
Note: In principle, digital photography resembles the conventional
method of picture making. One first gathers the material, e.g., paint,
painting brush, paper, etc. Thereafter, one skilfully combines the
materials to produce the picture. Similar is the case of digital
photography, the camera joins the necessary material (as mentioned
above) and puts it together in order to produce the picture.
_______________________________________________________
1
Be it on-board memory or a memory card.
36
1. Digital photography resembles the reflection of a mirror.
38
This will be discussed in detail under The discussion of the
prohibition of drugs in Islam.
1. Strong resemblance
The end result of a person capturing something by means of digital
photography strongly resembles the end result of drawing a picture
by hand. Based on the strong resemblance and the common end
result, the law that applies to picture making will apply to digital
photography. The Hadith of Rasulullah is general in this regard:
Every picture maker will dwell in the fire of Jahannum.
.
(/ )
39
Saeed ibnu Abil Hasan reports that once a man came to Ibnu
Abbaas and said, I am a picture maker. Explain to me the Islamic
verdict regarding picture making. Ibnu Abbaas asked him to come
forward and he went forward. He asked him to come closer to him
until he placed his hand on his head. Ibnu Abbaas then told him, I
will inform you of what I heard from Rasulullah . I heard Nabi
saying, Every picture maker will dwell in the fire of Jahannum. Allah
Taala will create one creature for every picture he made and it will
then punish him in Jahannum. If you wish to draw a picture, then
draw the picture of a tree or a lifeless creation (for this is permissible
for you). (Muslim 2/202)
40
digital photo. The image is first captured, stored, and thereafter
displayed on the screen. Hence, one is able to view the digital picture
whenever one wishes. The only difference is that through modern
day technology, the formation and capturing process takes place in
rapid succession. The pixels and rays of light are used to form picture
after picture within seconds. However, the focal point is that the
second picture only appears after the first picture disappears. Each
person understands that these pictures had to be created in order to
appear on the screen. Therefore, digital photography will be regarded
as a picture immaterial of the process of formation or the duration of
time that it remains on the screen.
41
permissible. The answer to this is that there are various types of drugs
available which never existed in the Mubaarak era of Rasulullah .
However, the Fuqahaa have declared them as haraam. This raises the
question that: On what basis did the Fuqahaa declare them as
impermissible? It is obvious that the Fuqahaa examined the
properties and nature of drugs. After a thorough examination they
ascertained that the property of iskaar (intoxication) found in liquid
intoxicants such as khamr (wine), etc., is also found in drugs. Hence,
the law of prohibition that applies to liquid intoxicants will also apply
to drugs.
Furthermore, though drugs never existed in the time of Rasulullah
, they will still be impermissible since they fall within the general
application of the following Hadith of Rasulullah :
""
All intoxicants are haraam.
42
Second Objection
One could say that digital photos differ from conventional photos
since these pictures have neither substance nor stability as opposed to
a normal picture! This argument is incorrect. What is it that appears
on the screen? Is it not a picture? It is obvious that it is the picture of
an object that was captured prior to it appearing on the screen. The
only difference that exists between the two is the manner and process
in which they are preserved and stored. When Allah Taala and
Rasulullah have declared pictures as haraam, then the manner and
method of producing the picture will not bring about any change to
the law. The argument that in order for it to be a picture it has to
have substance and stability is not substantiated from any clear nass
(textual proof, viz. Quraan and Hadith). Hence, how could one rely
upon mere assumptions which do not conform to the general
Ahaadith which clearly state that all animate pictures are
impermissible, and that the one who indulges in this falls within the
ambit of the curse of Allah Taala and Rasulullah . Rasulullah is
reported to have said:
(/ )
Those involved in picture-making will be subjected to the worst forms
of punishment on the day of Qiyaamah. (Bukhaari 2/880)
Analogy
The main argument in favour of the permissibility of digital
photography is that it is not a drawing or an image in itself. Rather it
is the combination of numerous pixels that appear as an image.
If this is accepted, what will be the ruling with regard to the
following situation:
43
An artist has thousands of pieces of paper in all colours. Each
piece of paper is no bigger than the size of a little dot. He now
painstakingly arranges the dots on a flat surface in such a manner
that creates a clear image of a human being. The dots, or little pieces
of paper, are themselves disjointed. They have merely been placed
next to each other in a particular sequence, thereby creating the
image. These disjointed pieces are then saved by carefully placing a
glass over them. Any person with the slightest understanding will
agree that this certainly constitutes picture making. Digital
photography does the same. It could be said that when the image is
not reflected on the screen, it does not appear as an image anywhere.
However, when one clicks on the open image command, one has
done exactly what the artist has done in hours of painstaking effort.
Both have combined numerous dots to create an image. The artist did
it manually over many hours while the next person did it in a second
with the use of technology.
Supporting arguments
Halaal and Haraam
The Sunnah of Rasulullah teaches us that whenever one is faced
with a doubt between something being halaal and haraam, one
should adopt the path of caution and refrain from it. This is
highlighted in the following Ahaadith:
(/ )
44
Hasan reports that Rasulullah said: Abandon that which puts
you into doubt and adopt that which does not create any doubt. For
verily truth is a source of solace and falsehood is a source of doubt
(hence if something creates doubt, it is most likely that some element
of falsehood exists therein).
( / )
It is reported from Numaan bin Bashir that once while pointing
towards his ears he said I had personally heard Rasulullah saying:
Halaal is clear and haraam is clear. Between them are unclear and
doubtful things. Many people are unconcerned about these things. The
one who refrains from unclear and doubtful things safeguards his
Deen and secures his respect in society. The one who gets involved in
doubtful things eventually falls into haraam.
45
Maajah all have included the Ahaadith prohibiting picture
making in their compilations. Imaam Bukhaari has dedicated
ten chapters in his masterpiece Saheeh Al-Bukhaari towards
explaining the severity and admonitions of picture making. Thus,
even if some Ulama declare it permissible, the dictates of caution is
that one should refrain from it.
46
prohibition is issued and the doors are completely closed. Hence,
buying, selling and viewing television are all impermissible.
In the like manner, if digital photography is technically regarded
as permissible, there are compelling external factors that demand that
it should be declared impermissible based on the principle of sad-
dan-lil baab (closing the door). The gross abuse and the abundant
vice that are linked to digital photography via the cell-phone,
television, internet, etc., are sufficient grounds to close the door.
48
sooner did Hadhrat Umar learn about it, he wrote a letter to
Hadhrat Huzaifah commanding him to divorce her. Hadhrat
Huzaifah wrote back asking Hadhrat Umar whether he regarded
marrying women from the Ahle Kitaab as haraam. Hadhrat Umar
explained: I do not regard marrying women from the Ahle Kitaab as
haraam (since the Quraan allows it), but I command you to divorce
her as soon as you read my letter. Hadhrat Umar then explained
that the reason for him discouraging Hadhrat Huzaifah from
marrying their women was due to them lacking purity, modesty and
morality. If the Muslims were to begin marrying them, there was a
potential danger that their evil habits and shameless ways would
enter the homes of Muslims. In some narrations, it is reported that
Hadhrat Umar also told him that due to him being the governor of
that place, if he married their women, the Muslims of that area would
emulate him, as it is natural that people are inclined to adopt the
ways of their leaders. Hadhrat Umar further explained that due to
the beauty and fair complexion found in the Syrian (Ahle Kitaab)
women, the Muslims would prefer them over the Muslim women. If
this were to happen, who will marry the Muslim women? The
unmarried Muslim women will face hardship and difficulty in their
Deen and subsequently this will lead to fitnah in the Ummah.
Look at the marvellous foresight and unique vision of Hadhrat
Umar . May Allah Taala reward him abundantly on behalf of the
entire Ummah. He practically demonstrated through his words and
actions the parameters and boundaries of Deen as well as its
temperament and spirit. Although, it was permissible for Hadhrat
Huzaifah to marry the Ahle Kitaab woman as is categorically
stated in the verse of the Holy Quraan, however, in view of the evil
repercussions and disastrous consequences, not marrying them was
preferred as this was in keeping to the spirit and temperament of
Deen. Hence, we conclude that the permissibility of an action does
49
not necessarily mean that it is something that is desired and
1
preferred, due to it not conforming to the temperament of Deen.
_______________________________________________________
1
Maaarif-ul-Quraan, vol. 3, p. 63
50
) (
( / )
Nabi said, The Salaah of a woman in her room is more rewarding
than the Salaah in her outer room, and the Salaah in the chamber of
her room is more rewarding than the Salaah in her room. (Abu
Dawood 1/91)
(/ )
Aaisha said, Had Nabi witnessed the condition of the
women and what they have initiated, he would have surely prevented
them from attending the Musjid just as the women of the Bani
Israaeel were prevented. (Muslim 1/183)
Taqleed
Another common example illustrating the parameters and
temperament of Deen is that of taqleed. All those who subscribe to
following one of the four mazhabs agree that the injunction of
following a specific Imaam or mazhab does not feature anywhere in
the Quraan nor the Mubaarak Ahaadith of Rasulullah . However,
on account of the serious harms and the colossal confusion that
general taqleed (i.e. randomly following any ruling of any Imaam)
would create, the doors of general/unrestricted taqleed have been
closed to the Ummah and strictly following one of the four Imaams of
fiqh in all masaail is regarded compulsory.
From the above-mentioned examples, it becomes completely
evident that if the various other factors of impermissibility (as already
detailed) were not applicable, the dictates of the temperament of
Deen itself is a sufficient basis to render digital photography as
impermissible.
52
man, woman and child. The issue is therefore not restricted to a
particular sector of society. Such a situation requires that extreme
caution be exercised when considering any decree that will affect the
established principles of Deen or change the current situation of the
Ummah.
The Ulama of the Ummah of Rasulullah are obligated to save
the Ummah from all those avenues that will lead them to ruin and
destruction. Among the chief reasons for the previous nations being
destroyed was internal differences and confusion.
(/ )
Abdullah bin Amr said: I once came to Rasulullah . There were
two men arguing regarding an Aayah of the Quraan. Nabi heard
their voices and emerged (from his home). The signs of anger were
clearly noticeable on his Mubaarak face. He then said: The people of
the past were destroyed only on account of them differing in the book
(their scriptures). (Muslim 2/339)
(/ )
53
Aaisha reports that Rasulullah said: Had it not been that
your people (Quraish) have only recently left disbelief, I would have
demolished the Kabah and reconstructed it upon the foundation of
Ebrahim . The Quraish had downsized the building and made only
one door. (Bukhaari 1/215)
General prohibition
The greatest and most virtuous deed in the sight of Allah Taala is to
preserve the divine Shareeah of Islam in pure and pristine form. An
action which in its individual capacity may be declared as
permissible, however if it has the potential to lead to distortion or
innovation in Deen, it will be ruled as impermissible. The Fuqahaa
have gone to such lengths in preserving and securing the boundaries
of Deen, that let alone a permissible act, even a mustahab act they
have ruled as impermissible and should be omitted when it leads to
the distortion of Deen.
Consider the customary practice of meelaad and salaami. These
practices have mainly been prohibited by the Ulama due to the
wrongs (bidaat) that have become entrenched in them. Otherwise,
meelaad in its literal sense is permissible. Meelaad means to discuss
the birth of Rasulullah as well as his Mubaarak life on the night he
was born. There is no harm in this provided the limits of Shariah are
maintained. Likewise, consider the case of salaami. Salaami
literally means to recite Durood and Salaam on Rasulullah .
Reciting Durood and Salaam upon Nabi is an extremely virtuous
and meritorious act. However, due to the bidaat that have been
attached to the customary meelaad and salaami practices, the Ulama
have declared them as impermissible. Nevertheless, once the ruling of
prohibition is passed, the prohibition will apply to one and all. There
will be no exclusions nor exceptions made for any specific person nor
any specific type of meelaad or salaami function. Hence, when the
ruling of impermissibility is issued on digital photography then there
will be no exclusions nor exceptions made for any specific person or
situation.
55
The general compulsion of donning the veil
Another similar issue is that of women donning the veil (niqaab). The
Fuqahaa have ruled that it is compulsory for women to cover their
faces on account of the fitnah of this age and time. Hence, covering
the face is waajib for all baaligh women in all situations. If a woman
has to consider herself exempt from following the law since she does
not perceive any fear of falling into sin, she will still be sinful due to
not practicing on the general rule which is applicable to everyone
without exception. Accordingly, one should understand that when
digital photography is ruled as impermissible (in order to close the
doors of fitnah) on account of the limitless harms and evils related to
it, this prohibition will be general without any exclusion. The
prohibition will relate to the masses as well as to the Ulama.
Nabi said:
:
(/ )
56
The one who does not show kindness to the young and does not
respect the elderly is not from amongst us. (Tirmizi 2/14)
_______________________________________________________
57
Rasulullah resented picture making to such an extent that he
was not prepared to enter his own home when he had seen the
1
picture of an animate object hung up on the door of his home. Yet
today his Ummah shows scant regard to his teachings and ignores the
severe admonishments that have appeared in his Mubaarak Ahaadith
(May Allah Taala save us). Nabi has said:
) ,/ (/
Those involved in picture-making will be subjected to the worst
forms of punishment on the day of Qiyaamah. (Bukhaari 2/880,
)Muslim 2/201
_______________________________________________________
) (/
) (/
58
Can the television be used for Deeni
purposes?
Hadhrat Mufti Taqi Uthmani Sahibs fatwa on
television
It is evident regarding digital media in the form of television, etc.,
that it is giving rise to immorality, shamelessness, vice, violence and
evil character through the various programs appearing on it. Further,
it is quite difficult to find such programs that are free from any
irreligious aspects. Moreover, it is almost impossible for a person to
have a television at home without being affected by such evils.
1
Therefore, in such circumstances, one should not keep a television.
_______________________________________________________
1
Translation of Mufti Taqi Sahibs fatwa from Darul Uloom Karachi
dated: 8-4-1427.
2
Fatwa of Mufti Muhammad Rafee Uthmani Translated by Shaykh Yusuf
Badat Mathabah Foundation, www.mathabah.org
59
The opinion of Hadhrat Moulana Yusuf Binnori
on television
During the last meeting of the Pakistan Islamic Council that Allamah
Yusuf Binnori attended, Hadhrat was asked to appear on
television. He declined. Later Hadhrat was asked whether films could
be used for the propagation of Deen, provided that all immorality and
factors that destroy character are removed. Upon this, Hadhrat
Moulana expounded on a principle of Deen, the gist of which
is:
I wish to share with you a principle issue. We have not been
obligated by Allah Taala to use every possible means, whether
permissible or impermissible, for the tableegh of Deen. Instead, we
are required to use all our energies and resources to propagate Deen
only using permissible means and methods.
Together with the injunction of tableegh, Islam has also laid down
guidelines and principles for tableegh. We are thus obligated to
conduct our tableegh within this framework.
If we are successful in our efforts after following the guidelines
and principles, then indeed, we have achieved our ultimate goal and
objective. If our efforts were unfruitful, but we had adopted the
permissible methods and means, we will not be compelled to further
our tableegh by using every possible and available means, be it
permissible or impermissible.
If even one person is blessed with guidance after using the
permissible means, then undoubtedly our tableegh was successful.
However, if on the other hand, scores and droves of people embrace
Islam on account of us adopting impermissible methods and means,
then this holds no value in the sight of Allah Taala.
How can success ever be achieved when we have transgressed the
bounds of Shareeah? Rather than it being the tableegh of Deen, it
would be the tableegh of something else.
60
Photography inherently contradicts the injunctions of Islam.
Therefore, we will not be compelled to utilise it as a tool for tableegh.
If a person is prepared to accept Islam through our invitation via
permissible methods and means, then we will definitely be grateful
and pleased. However, for those who are not prepared to do so and
wish to accept our invitation only by means of the television, then we
regret that we will have to be excused.
If this stance is not adopted today, then the television will be a
tool for tableegh now, but in time to come, be-hijaab (unveiled)
women would be used for this purpose, and an effort will be made to
use immoral gatherings of music and dancing, etc., to invite people to
Deen.
In this way, in the name of tableegh we will be guilty of gradually
1
violating the laws of Islam.
_______________________________________________________
1
Nuqoosh-e-Raftagaa, p. 104
61
The humble of opinion of this servant is that in hand-drawn
pictures those evil are not found which are found in video and tv...
because of the television and videos every home has been
transformed into a cinema...
Does this make sense that on the one hand Shaeeah declares
hand-drawn pictures as haraam, and the picture maker as maloon
and warns him of ashad-dun naasi azaaban yowmal qiyaamah, but
on the other hand declares Halaal this storm of immorality and
indecency known as TV?
As for the claim made by some that there is some benefit therein,
so I ask:
Are there no benefits in intoxicants, pork, interest and
gambling? But the Quraan Shareef has put a cross on all these
benefits by announcing wa ithmuhumaa akbaru min naf'ihimaa.
Some say that through TV and videos we will propagate and
spread Islam.
In our country there are Deeni programmes on TV, but, with due
respect, may I ask:
How many non-muslims have accepted Islam by viewing these
Deeni programmes?
How many be-namaazis began performing Salaat because of
these programmes?
How many sinners have made taubah because of these
programmes?
This is nothing but deception.
This instrument of immorality and sin, which is najisul ayn from
head to toe, which is maloon, the one who makes it is maloon in
Dunya and Akhirat, how will it assist in spreading Deen?....
As for those who say that so-and-so says this and so-and-so does
that, this is not a daleel of jawaaz (permissibility) for us.
Wallahu alam
(Moulana) Muhammad Yusuf
62
20 Zhul Qadah 1406
_______________________________________________________
1
Extract of Understanding television by Khalid Baig.
63
Few important points to consider
1. Some Ulama feel that through the TV we will be able to reach
out to the masses around the globe. However, we should
understand that just as we are trying to promote our beliefs
and ways, other baatil (deviated) sects such as Shias,
Qaadiyaanis, Barelwis, Salafees and others are also using the
same channels to promote their beliefs and ways. The general
public is normally impressed and is influenced by the style of
oration and presentation. Most people who own a TV switch
channels and watch anything and everything. There are many
examples where peoples aqeedah and beliefs were affected
after watching the programmes of Shias, Qaadiyaanis, etc.
Many watched live debates between some baatil sect and an
Aalim of the Ahlus Sunnah wal Jamaaah resulting in them
being influenced towards the baatil simply on the basis of the
style of oration and the presentation of the Ahle-baatil as
opposed to the Ahle-Haq. These are not isolated cases. Thus,
the entire exercise was counterproductive.
2. Through the Ulama appearing on TV the masses will associate
the TV to Deen. It is not farfetched that gradually the TV will
be brought into the Masaajid. (As is has already entered
certain Masaajid). The severity and gravity of the sin of
picture making which was in the hearts of the Muslim
Ummah at one time (even those who were far and distant
from Deen) will no longer remain and the situation will reach
the point of istihlaal (i.e. regarding this to be completely
halaal and not regarding photography to be a sin at all).
Hence what will be the condition of the Imaan of such people
who regard picture making to be totally permissible in Islam?
3. Just as it not permissible for men to view na-mahram women,
similarly it is not permissible for women to view na-mahram
64
men. Through the Ulama promoting Deen via the TV, they
will be viewed by women. It is most likely that the majority
of viewers are women. Even if they are not in the majority, a
very large number are nevertheless women. One should
ponder whether it will be permissible for the women to look
at the Aalim delivering the talk on TV? If it is not permissible,
then how will the women be stopped from looking at the
Aalim? Will the Aalim repeatedly announce that it is not
permissible for women to look at him?
4. Those Ulama who make a distinction between digital
photography and conventional photography base their
argument upon the fact that in the time of Rasulullah the
prohibition of picture making applied to a picture which had a
physical form and remained existent all the time (on a paper,
wall or any other object) whereas the images appearing
through digital photography do not have any physical form.
Hence, the prohibition that came from Rasulullah regarding
pictures does not apply to this modern day invention.
However, confining the prohibition of picture making to this
definition is nowhere to be found in the Ahaadith of
Rasulullah . Thus how can one on the basis of a definition
coined long after the era of Rasulullah be able to exclude
the digital picture from the ambit of the prohibition of picture
making? On the contrary, in many Ahaadith, Rasulullah
explained the main factor and cause for picture making being
forbidden in Islam, i.e. resembling Allah Taala in the act of
creation. All the Ulama of the past accept that this is the
underlying factor for the prohibition of picture making, as is
clearly established from the Ahaadith of Rasulullah . In a
digital picture the same factor is glaringly evident.
65
Opinion of Hadhrat Moulana Yunus Patel Saheb
regarding the influence of television
66
Or a group of youngsters have to tell you: We have
chosen your home as a venue for our partying, dancing,
drug-taking and fornicating.
Or a Christian family has to request you: We would like
to use your home as a venue for our church ceremony. The
marriage of our daughter as well as the baptism of our
grandchild. We have already obtained the consent of one
of our priests.
Or some idol-worshippers have to suggest: We would like
to carry out some of our religious rites in your home. We
would like to bring our idols also. You are more than
welcome to observe or participate in our rites.
Many Muslims, on hearing such requests, will get very angry; will
express disgust if not swear and curse such suggestions.
However, these very same Muslims who will even resort to
swearing and cursing such proposals, invite into their homes all of the
above by the switch of the television, by hiring English and Hindi
films and DVDs and downloading porn and other films from the
internet. There is so much of adultery, partying and other filth that
we seem to just welcome into our homes least realizing the
consequences.
Just to give you one example and this is but the tip of the iceberg
and it is said with the intention of removing the blindfold that most
parents wear:
A father of four children mentioned to me that he had got rid of
his television and he thereafter explained why. He said that late one
night he heard strange noises from his childrens room. On opening
the door of their room, he found their television switched on. [This
is our concept of modesty: parents must have their own television, to
view all kinds of filthy programmes in their privacy, and children
67
must have their own television to view all kinds of indecency in their
privacy (Naoozu Billah).]
The father mentioned that there were dirty and obscene scenes of
naked people on the television screen. He mentioned that it was filthy
and that it shocked him; but what had him even more shaken was
that his children were all undressed, engaging in the same kind of
indecent acts. They were imitating the pornography they were
viewing. He said himself, that until then he had not considered the
harm of television. It took this kind of incident to wake him up.
This is just one example of so many. Do we wish to face something
similar?
Do we care to even know what our sons and daughters are
doing in the secrecy of their rooms? The fact that many demand that
no one invade their space and privacy to the extent of having No
Entry signs on their doors, should have parents a little more than
worried especially if they are viewing television and are surfing the
net or have free access with cell phones.
Many have written, that after watching certain films or
programmes, the desire came strongly into their hearts to take drugs,
drink liquor, murder their parents, indulge in homosexuality, engage
in adulterous relationships, commit suicide, rape, and so much else
and many of them do so.
Moreover, with sins like television and evil, lustful glancing, Allah
Taala removes the love between husband and wife and even ones
children become disobedient.
There are many husbands who entertain thoughts of and fantasize
of other women when with their wives. And they will when they are
watching different actresses and television presenters. Many wives
are guilty of the same infidelity having seen or socialized with ghair-
mahaarim. Many women are so infatuated and obsessed with some
soccer player or cricket player that they become dissatisfied with their
husbands, and spend their time fantasizing.
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Had the person not viewed all those ghair-mahaarim on the
television screen and computer screen, and had lowered his gaze in
real life situations, then he would not have desired that which he
cannot have, and there would not have been dissatisfaction with his
(or her) spouse.
Moreover we complain: There is no barkat in our homes; there is
no barkat in our wealth; there is no barkat in our time. Our children
are rebellious. The husband is having an extra-marital relationship.
The daughter has accepted Christianity. The son is on drugs and
the list of complaints does not end.
Then who is to blame except the one who brought all of this
haraam into the home by purchasing the television and exposing the
family to so much of sin.
Great Ulama became bayat upon the hands of Moulana
Hakeem Fakhrudeen . He mentioned that there was a time,
that with the rising and setting of the sun, he saw nothing but noor in
Surat. The atmosphere was one of noor. The day commenced with
Salaah, Tilaawat, Zikrullah
After the cinemas and television and videos flooded Surat, there
was nothing but zulmat darkness. With the distraction of such
entertainment, Ibaadah becomes a forgotten duty.
One Wali of Allah Taala, on visiting a home, mentioned that he
perceived the sin of Zina (adultery) from the walls of that home. He
was able to recognize this due to the purity of his heart. The residents
of that home were not indulging in adultery but they were watching
the sin on television.
When fire burns against a white wall, it blackens the wall. The
Ahle-Dil, with their purified hearts, see the fire of sins which has
burnt and blackened the white hearts of the Muslims.
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We should take lesson and take measures to protect ourselves and
1
our children.
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1
http://yunuspatel.co.za/articles-influence-television.php
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Way Forward
Which differences are accommodated in
Deen?
The general misconception amongst the masses is that Deeni
differences among the Ulama on any matter creates leniency and
concessions in Deen. Therefore, one is free to practice on any view
one is inclined to. In support of this, the differences which existed
among the Sahaabah, Taabieen and the four mazhabs of Fiqh are
cited as glaring examples to illustrate the vast accommodation Deen
provides for differences of opinion in Deeni matters. Perhaps the
statement of Umar ibnu Abdul Aziz would also be quoted:
The differences among the Sahaabah of Rasulullah were a source
of mercy for the ummah.
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difference which will be accommodated in Deen is that difference
which is governed by Deen and based on Fiqhi (juristic) principles.
The differences among the four mazhabs all stem from the Quraan
and Hadith. Every Imaam has sufficient substantiation for his view.
This was also the nature of the difference amongst the Sahaabah and
Taabieen.
As far as digital photography is concerned, there are no
substantial grounds to prove its permissibility, neither from the
Quraan and Hadith nor from the four Imaams of Fiqh. Instead, the
general Ahaadith, mazhabs of Sahaabah, Taabieen and the four
Imaams are general in regard to all picture making being haraam.
Hence, this type of difference is not one of leniency and concession as
compared to the differences that existed between the four mazhabs.
Merit of argument
Differences of opinion among the Ulama and learned scholars existed
in every era of Islamic history. Whenever a difference arose in regard
to any masalah (issue), each scholar debated it on the merit of the
argument and endeavoured to establish the reality. The conflicting
views on the issue were weighed on the scale of the Sunnah. The
basis of preferring a specific viewpoint always revolved around the
merit of the argument and not the merit of the scholar. Hence, we
find that despite knowing the verdicts of great scholars such as
Imaam Shaafiee, Imaam Ahmad and Imaam Maalik , a
Hanafi scholar still gives preference to the verdict of Imaam Abu
Hanifah due to him regarding it closer to the Sunnah. The
same applies to the scholars of each mazhab in relation to their
Imaam. Hence, we understand that establishing the Haq was always
based on the merit of the argument and not the merit of the
scholar. The criteria for acceptance in the court of Allah Taala is the
Sunnah. The one who firmly latches on to the Sunnah is rightly
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guided. In the past, there were many glaring examples of learned
scholars having erred in a few issues or of an oversight occurring in
their judgement. It is for this very reason that Hadhrat Muaaz
cautioned the Ummah of Rasulullah about the errors of the learned
people. He once addressed the people thus:
.
)
(/
Beware of such people who bring about innovations in Deen.
Innovations in Deen are clear misguidance. I further warn you against
the error of a wise man (righteous guided Aalim). For indeed,
Shaitaan at times causes a wise person (righteous guided Aalim) to
utter a word of misguidance and a hypocrite can utter a word of
truth. (Yazeed says that) I then asked Muaaz , How will I be able
to distinguish the misguidance uttered by a wise person (righteous
guided Aalim) and the truth spoken by a hypocrite? Muaaz
replied, Yes undoubtedly, refrain from (following) such statements of
the wise person (righteous guided Aalim) which when it is circulated
among the people it becomes a target of objection (among the learned
scholars). However, this should not divert you from him (righteous
guided Aalim) for it is possible that he will retract. Furthermore,
accept the truth whenever you hear it for indeed the truth is
accompanied with noor (Divine light). (Abu Dawood 2/632)
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Exercising caution in the matters of Deen
From the aforementioned statement of Hadhrat Muaaz we
understand that at times great personalities can err just as misguided
people sometimes utter some words of wisdom. How will one come to
know that a great personality has slipped or has erred in his ruling?
The answer to this question is found in the words of Hadhrat Muaaz
, that the statement that becomes a target of objection among the
people. In other words, the statement that creates an uproar among
people and they begin to comment in utter amazement and surprise:
Did you hear what so and so has said? or Is this fatwa correct and
established from the Quraan and Sunnah? In such a case, one will
understand that the verdict opposes the mainstream view of the
rightly guided Ulama.
However, the issue at hand is how does one manage such a
situation? The answer to this question is that one will need to strike a
balance and exercise extreme caution. He will not abandon the great
personality on account of his misjudgement in one masalah, nor will
he follow him in the issue that he has erred in. Instead, he will follow
him in other masaail and hold him in high esteem for the many great
services he has rendered for Deen.
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knowledge, extensive research and in-depth study in my opinion
there was no book in the libraries of India and the Haramain
Shareefain, whether still as manuscripts or published, that had not
been studied by Shah Sahib yet he would never be prepared
to digress from the maslak of the Salaf in even the smallest of
masaail.
You would be aware that almost all the Ulama of Egypt permit
photography. Allamah Tantaawi presented all the proofs for its
permissibility in his tafseer. When I studied his proofs presented in
his mesmerising and captivating approach, I was convinced that after
studying it Hadhrat Shah Sahib would indicate towards its
permissibility even if the slightest degree of permissibility could be
extracted from it. However, what was Shah Sahibs answer?
Hadhrats only answer was:
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1
Malfoozaat-e-Kashmiri, p. 41/42
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Conclusion
After studying the statements of the great Fuqaha and the quotations
of our Akaabir, we understand that photography in whichever form it
may be is totally prohibited and impermissible in Islam. Hence, its
usage for Deeni purposes does not warrant permissibility and
legitimacy. May Allah Taala accept this humble effort and guide us
all to the correct path. Aameen.
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The disastrous consequence of
legalising photography (by Hazrat
Moulana Yunus Patel Sahib )
One of the greatest calamities of our times is the abuse of the camera.
In this day and age, with the easy availability of cell-phones,
digital cameras, camcorders, etc. everyone seems to be in possession
of a tool which has created an upheaval in mischief. How many have
had their names dragged through the mud or have been black-mailed,
slandered or left humiliated and disgraced due to photographs taken
and then circulated?
Photography is an evil, which has been entirely misjudged and
under-estimated.
Just recently, a brother related a dream to me, requesting an
interpretation. I interpreted his dream saying: It seems as if movies
are being viewed in the Musjid.
Within a matter of days, the interpretation was made apparent.
We had a visiting Aalim give a talk in our Musjid. I was sitting on a
chair, near the front, when I observed three young boys very
absorbed with their cell phones. I requested a friend to go to the back
of the Musjid and see what they were up to. He observed that they
were viewing some film with dirty, indecent pictures.
We give our children high-technology at the expense of hayaa
(modesty), Deen and Imaan.
One is to have no shame and commit sins in the presence of Allah
Taala, but increasing in shamelessness is when one is brazen enough
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to commit sins in the presence of Allah Taala, whilst in the Musjid,
the House of Allah Taala.
The same shamelessness is found en-masse in the Musjid of all
Masaajid, Musjidul Haraam in Makkah Shareef. The objective of the
majority visiting these days, is taking photographs and video
recording, instead of engaging in Ibaadah.
Complaints - and it is even our experience - of flashes and clicks
of the camera, seen or heard, whilst Salaah is in progress or whilst in
Tawaaf.
There is a very dire need to explain that this is a grave and serious
crime in the sight of Allah Taala.
What needs to be understood is that photography of anything
animate is a clear prohibition. It is haraam.
It has been narrated from Hadhrat Jabir that Rasulullah
forbade pictures in the house and he forbade making them.
Rasulullah said: Verily, of the most grievously tormented
people on the Day of Resurrection are picture-makers.
There are, in fact, many other Ahaadith, which clearly prove this
prohibition.
Why did Allah Taala prohibit photography?
One reason is quite clear; that it was the origin of shirk
(polytheism):
Going down the passage of history, we find that mankind was
introduced to idol worship due to Shaitaans efforts in leading
mankind astray. So due to his whispering encouragement, people
began to draw and sketch their pious predecessors, thinking that their
faces and images will be a source of inspiration; an incentive to also
follow in their footsteps of piety. However, it was the means by
which many began to worship those pictures, and thereafter carved
such idols; and idol worship came into vogue.
Whilst this would have been more than sufficient for the Believer,
it is no longer considered a worthy reason by Muslims who want to
engage in the sin. Many say that there is no way that they would
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worship a photograph or even a sketch, let alone an idol. My Shaikh,
Hadhrat Moulana Hakeem Muhammad Akhtar Sahib
explains that one reason behind the prohibition is so that Allah Taala
may protect the respect and dignity of His servants.
Many a time, a person who was engaged in various evils is
granted hidaayah (guidance). Sometimes, this hidaayah is such that
he attains a high stage of wilayah. The person becomes a great Wali
(Friend) of Allah Taala and even a Shaikh, and thousands of people
throng to his gatherings. Now at such a time, if someone were to dig
up pictures of his past what embarrassment would he have to
endure?
From Allah Taalas side, there is forgiveness of sins, on sincere
taubah, to the extent, that all evidence is deleted and Insha-Allah,
the person will not have to render an account for those sins.
However, if photographs were taken, then this is evidence which the
person has produced against himself, and which cannot always be
destroyed especially if it is in the hands of others who wish to bring
disgrace to the person.
My Shaikh mentioned the above reason, during an election in
Pakistan, where a woman was a candidate in the election. She was
blackmailed with photographs of herself in a compromising situation,
so that she withdraws.
Further to this reason, we find that the porn industry and filthy
films are all based on pictures. Islam nips the problem in the bud by
prohibiting photography.
If everyone practiced upon this teaching, we would not have
pornography, woman abuse and exploitation, child pornography, and
the evil consequences of rape, insanity, suicide, incest, etc., much of
which has shattered and devastated the marriages and homes of
many Muslims.
Now thinking over all these harms, we should appreciate the
prohibition all the more and show that appreciation by abstaining.
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There is nothing but great wisdom in the prohibitions of Allah Taala,
1
with nothing but good for His servants.
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1
Extracted from http://www.yunuspatel.co.za
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In order for the knowledge which one acquires to be acceptable in
the sight of Allah Taala and sanctioned by Shareeah, it is necessary
that certain aspects be adhered to:
The first aspect is the aspect of authenticity and reliability. Extreme
caution should be exercised in sourcing Deeni knowledge. One should
ensure that he refers to reliable, qualified Ulama in the pursuit of
seeking Islamic knowledge. Similarly, the material one exposes
himself to in the course of seeking education, should be sourced from
authentic and reliable sources. If one acquired his knowledge from
unauthentic sources or unreliable personalities, then obviously the
overall picture of Deen which one will obtain will certainly not
conform to the pure and pristine brand of Islam. Concoctions,
adulterations and distortions would be noticed in various aspects of
his Deen. This will be grossly due to the fact that he had not sourced
his knowledge from those authentic, reliable sources approved by
Rasulullah . The disastrous outcome of acquiring knowledge
through these channels is that Islam will be reduced to customs and
rituals which will change with the fashions and the norms of the
time. The great Taabiee Muhammed bin Sireen has said:
( )
Certainly this knowledge that you are acquiring is your Deen, hence
you should ensure that you acquire your Deen from authentic and
reliable people.
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Why is it impermissible to acquire Deeni knowledge through
viewing cartoons and films?
Based on the above, after closely examining the issue of acquiring
knowledge through viewing cartoons and films which outwardly
portray Islamic information, one will realise that this means of
acquiring knowledge does not conform to the above mentioned
Islamic method of acquiring Islamic knowledge. Furthermore,
acquiring Islamic knowledge through this means is impermissible due
to the following reasons:
1. This means of acquiring ilm is impermissible in Shareeah as it
directly opposes the command of Allah Taala and His Rasul .
Nabi had sounded severe warnings in his Mubaarak Ahaadith
for those who have any involvement in picture making. Hence,
propagating Islam via this means is impermissible.
/ )
(/
Those involved in picture-making will be subjected to the worst forms
of punishment on the day of Qiyaamat. (Bukhaari 2/880, Muslim
2/201)
2. In many of these films men and women are seen together. This
opposes the law of Shareeah in regard to segregation between
na-mahram males and females. Hence, this type of enactment,
instead of creating an Islamic effect, it only destroys the fabric of
Deen through inciting one towards sin.
3. The actors in these films are portraying illustrious personalities
such as the Ambiyaa or Sahaabah etc. This enactment is in itself
deception, as the onlookers will begin to base their opinions of
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Ambiyaa and Sahaabah through the actions of these sinful
people. To add insult to injury, the film being videoed is
impermissible in Islam. Hence they are trying to propagate Deen
through portraying the lives of these illustrious personalities
while being involved in such a grave sin.
4. Propagating Islam through this medium degrades the position of
these illustrious personalities and reduces Deen to a thing of
entertainment. Furthermore, this will lead to the masses
beginning to regard these so called Islamic movies as a
substitute to Hollywood and Bollywood movies.
5. Presently the Kuffaar are using this as a means to distort and
adulterate the Deen of Islam. Muslims should not be so gullible to
fall into the traps and the nets of the Kuffaar. It has been proven
that many of these films shattered the Imaan and beliefs of many
Muslims and created suspicions and doubts in their Deen.
6. Portraying these great personalities via cartoon characters causes
great disrespect to these saintly personalities. How can Deen
come alive in the Ummah when gross disrespect is shown to
those who were responsible for bringing Deen alive in the world?
7. The outcome of such plays, films, cartoons etc. is in reality
making a mockery of the august Deen of Allah Taala and the
illustrious men of Islam. Similarly, those who view these types of
films will be viewed as supporters and promoters of this sin in
the sight of Allah Taala.
8. Lastly, the kitaabs of Aqaaid have recorded that if people enact a
play for entertainment purposes where one person assumes the
position of a great Aalim or Mufti, and people refer Deeni issues
to him, and laugh at him and make a mockery of him, all present
on account of showing disrespect to Deen will come out of the
fold of Islam. Hence, the outcome of viewing these cartoons,
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films, etc. is extremely destructive and detrimental to ones
Imaan.
We make Duaa to Allah Taala to bless the Ummah at large with the
true love and respect for Deen and the symbols of Deen, and enable
us to emulate the Mubaarak Sunnah of Rasulullah in our lives. 1
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1
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