Sculpture: Difference between revisions

According to [[Alireza A'rafi]], the discussion on the prohibition and legal rulings related to sculpture was first introduced by Sheikh Mufid in the discourse of the jurists<ref>Abidinzadeh,Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 24.</ref>. There is no independent section dedicated to sculpture in Shi’a jurisprudential sources; rather, its legal rulings are discussed within chapters on purity (including rulings on wudu)<ref>Naraghi, Mustanad al-Shi'a, Vol. 2, p. 180.</ref>, prayer (clothing and location of prayer and rulings for mosques)<ref>Najafi, Jawahir al-Kalam, Vol. 8, p. 383.</ref>, and trade (impermissible trades)<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.</ref>. However, Sheikh Ansari, in his book “Kitab al-Makasib,” allocates a section to examining the juristic rulings of sculpture and the rulings related to earning income through it, under the general title “Inherently forbidden sources of income.”<ref>12. Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 183.</ref> The discussion on the juristic rulings of sculpture has made its way into the discourse of contemporary jurists through the teaching of this book and the commentaries written on it<ref>13. For example, see Tohidi Tabrizi, Misbah al-Fiqhaheh: Taqrirat-e Dars-e Ayatollah Khoei, Vol. 1, p. 353; Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 168; Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 541.</ref>.

According to Sheikh Ansari, the prohibition of crafting sculptures of living beings is generally accepted among Shi’a jurists<ref>18. Sheikh Ansari, Kitab al-Makasib, Vol. 14, p. 183.</ref>, a view also embraced by Sunni scholars, as stated by [[Sayyid Abolqassem Musavi Khoei]]<ref> Tohidi Tabrizi, Misbah al-Fiqhaheh, Vol. 1, p. 353.</ref>. Among contemporaries, jurists such as Sayyid Abolqassem Musavi Khoei<ref>20. Khoei, Tawzih al-Masa'il, p. 262.</ref>, [[Sayyid Ali Sistani]]<ref>21. Sistani, Tawzih al-Masa'il, p. 423.</ref>, Sayyid Ruhollah Khomeini<ref>22. Khomeini, Tahreer al-Wasilah, Vol. 1, p. 472.</ref>, [[Mohammad Ishaq Fayaz]]<ref>23. Fayyaz, Al-Istifta'at al-Shar'iyyah, Vol. 2, p. 13.</ref>, [[Sayyid Mousa Shobeiri Zanjani]]<ref>24. Shobeiri Zanjani, Tawzih al-Masa'il, p. 80.</ref>, [[Naser Makarem Shirazi]]<ref>25. Makarem Shirazi, Istifta'at Jadid, Vol. 1, p. 158.</ref>, and [[Lutfullah Safi Golpayegani]]<ref>26. Safi Golpaygani, Tawzih al-Masa'il, p. 409.</ref> have all deemed crafting sculptures of living beings, such as humans and animals, as prohibited.

The most important reason that jurists have relied on to examine the ruling of sculpting is narrations<ref> Najafi, Jawahir al-Kalam, Vol. 22, p. 41.</ref>. [[Sayyid Abolqassem Musavi Khoei]] considers narrations from both Sunni and Shia sources regarding the prohibition of sculpture living beings as beneficial<ref>28. Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 359.</ref>, meanwhile Sayyid Mohammad Sadeq Rohani has categorized such narrations into four main groups:

In the same vein, Sayyid Ruhollah Khomeini has enumerated another category of narrations. Given the necessity of observing the proportionality of the legal ruling to the subject, he asserts that prohibitions on sculptures or statues apply only to cases where they are used for worship<ref>33. Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 169.</ref>. For instance, narrations that label sculpting as one of the heinous acts, mention severe punishments for the perpetrator<ref>34. Nouri, Mustadrak al-Wasail, Vol. 13, p. 210.</ref>. According to Ayatollah Khomeini, the promised punishments in these narrations are so severe that they do not align with merely sculpting or painting. Sculpting, in terms of the intensity of its reprehensibility, is not higher than major sins such as unjust killing and sodomy These narrations, according to Ayatollah Khomeini, consider sculpture creation a heinous act deserving severe punishments, but the severity is not equivalent to major sins like unjust killing, homosexuality, etc. Therefore, he concludes that the prohibitions in this category of narrations specifically target sculptures used as idols for worship<ref>Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 169.</ref>.

There has not been a consensus among jurists regarding the prohibition of sculpture. However, according to Hossein Ali Montazeri, the first person to claim consensus on this issue was Muhaqqeq Karaki<ref>Muhaqqeq Karaki, Jame' al-Maqasid, Vol. 4, p. 23.</ref> and no previous jurists have claimed consensus on this matter. This purported consensus has been criticized by jurists such as Sayyid Taqi Tabatabai Qomi and Hossein Ali Montazeri. They argue that this consensus is not a clear or probable proof and believe that there are numerous narrations, transmitted through both Shia and Sunni sources, which may provide plausible evidence for the permissibility of sculpture creation. Hence, they contend that consensus is not an independent proof for this matter.

There is no consensus among jurists regarding the prohibition of sculpture. Sayyid Taqi Tabatabai Qomi and Hossein-Ali Montazeri criticized the alleged consensus, claiming it to be a consensus with known origins<ref>Ijma’ al Madraki is a type of consensus whose origins are currently available in other jurisprudential sources i.e. Qur'an and Prophetic narrations.</ref>  or probable evidence and believe that there is a likelihood that the evidence for the jurists' verdict on the prohibition of sculpture comes from numerous narrations in both Shia and Sunni sources. Therefore, they believe that this consensus does not qualify as an independent proof for this matter<ref>Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 557.</ref>.  

3. [[Sayyid Abolqassem Musavi Khoei]], Lutfollah Safi Golpayegani, and [[Ja’far Sobhani]]: Creating incomplete or partial sculptures of humans and other animals is permissible. However, Safi Golpayegani deems crafting a sculpture that includes major parts such as the head, face, and chest as problematic, adding that crafting sculptures of hands, feet, or heads alone is not problematic<ref>Khomeini, Al-Makasib al-Muharramah, Vol. 2, p. 177.</ref>.

• According to Hussein Ali Montazeri, the prohibition of sculpture creation and similar acts in narrations is due to the fact that, at the time these narrations were issued, crafting sculptures was associated with worshipping beings other than God and associating partners to Him. Therefore, if sculpture does not serve this purpose and solely has artistic and cultural aspects, it is considered permissible<ref>Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 369; Safi Golpaygani, Jame' al-Ahkam, Vol. 1, p. 307; Ya'qoubi Isfahani, Al-Mawahib fi Tahreer Ahkam al-Makasib, p. 399.</ref>.

• Mohammad Ibrahim Jannati considers sculpture creation as one of the valuable arts and argues that, since sculpture in the Islamic Republic of Iran today does not have any impure motives or polytheistic inclinations, the act is permissible<ref>Safi Golpaygani, Jame' al-Ahkam, Vol. 1, p. 308.</ref>. However, he emphasizes that crafting sculptures for the purpose of worship, veneration, and imitating idolaters and polytheists is prohibited<ref> Montazeri, Risaleh Istifta'at, Vol. 2, p. 325.</ref>.

• Mohammad Javad Moghniyah believes that if sculpture making is not done for illegitimate purposes but serves intellectual goals, such as highlighting the grandeur and glory of civilizations and their history, it is not problematic<ref> Janati, Nazariyeh Ijtihadi Tafri’ei va Tatbighi, p. 38.</ref>. He also believes that the fatwas prohibiting sculpture lack evidence and are simply precautionary<ref>Janati, Nazariyeh Ijtihadi Tafri’ei va Tatbighi, p. 38; Hosseini, Jawaz Mujassameh-Sazi va Naqashi, p. 213.</ref>.  

• Sheikh Javad Tabrizi believes that crafting sculptures of living and non-living beings is permissible, though it is recommended to avoid it<ref>Mughniyeh, Falsafat Islamiyah, p. 921.</ref>.

Most jurists have considered buying, selling, and keeping sculptures, even those depicting living beings, as permissible<ref>Tabrizi, Tawzih al-Masa'il, p. 358.</ref>. According to Khoei, the available evidence only indicates the prohibition of sculpture making, and there is no evidence prohibiting its keeping, buying, and selling<ref>51. For example, see Khoei, Tawzih al-Masa'il, p. 356; Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 382; Sistani, Tawzih al-Masa'il, p. 423; Khomeini, Tawzih al-Masa'il, p. 275; Vahid Khorasani, Tawzih al-Masa'il, p. 582; Fazel Lankarani, Tawzih al-Masa'il, p. 395; Shobeiri Zanjani, Tawzih al-Masa'il, p. 80.</ref>. Among contemporary jurists, figures like Lutfollah Safi Golpayegani and Naser Makarem Shirazi have deemed buying, selling, and owning sculptures of living beings, earning a living out of it and earning wages by making sculptures as prohibited<ref> Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 240.</ref>. Sheikh Ansari considers keeping, buying, and selling sculptures of living beings as reprehensible<ref>Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 197.</ref>.

• Just as creating a sculpture is considered reprehensible by God, its existence is also reprehensible<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 238.</ref>. Therefore, what implies the prohibition of sculpture-making also suggests the obligation to destroy it<ref>Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 193.</ref>. However, Sheikh Ansari believes that, based on narrations, only creating a sculpture is prohibited, but its existence is not reprehensible in the view of God to conclude that destroying it is obligatory. Similarly, Mohammad Fazel Lankarani believes that there is no explicit obligation between the prohibition of sculpture and the necessity to destroy it<ref>Fazel Lankarani, Tafsil al-Shari'ah: Al-Makasib al-Muharramah, p. 157-158.</ref>.

• There are narrations where breaking sculptures is commanded<ref>Kulayni, Al-Kafi, Vol. 13, p. 233.</ref>. However, scholars like Sayyid Mohammad Sadeq Rouhani and Mohammad Fazel Lankarani argue that these narrations specifically refer to cases where sculptures are used as idols for worship and veneration<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 240; Fazel Lankarani, Tafsil al-Shari'ah: Al-Makasib al-Muharramah, p. 142.</ref>.

According to the four main Sunni schools of thought, namely Maleki, Shafe’i, Hanafi, and Hanbali, creating sculptures of living beings, such as humans and animals, is considered prohibited<ref>Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40-41.</ref>. Abdul Rahman bin Muhammad Jaziri, an Egyptian jurist and scholar, argues that if sculpture serves legitimate purposes such as education and training, it falls outside the realm of the prohibition<ref>Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.</ref>. He mentions that some Sunni schools, like the Maliki school, consider the creation, buying, and selling of dolls for girls permissible, that they learn child-rearing through play<ref>Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.</ref>.  

1. Sculpture has been discussed alongside other jurisprudential topics in some works, including “Masbah al- Fiqaha" – jurisprudential lectures by [[Sayyid Abolqassem Musavi Khoei]], “Al-Makasib al-Muharramah" – written by Sayyid Ruhollah Khomeini, “Darasat fi al-Makasib al-Muharramah" – authored by Hussein Ali Montazeri, “Fiqh al-Sadiq" – composed by Sayyid Mohammad Sadeq Rouhani, “Al-Mawahib fi Tahrir Makasib al-Muharramah" – lectures of higher Islamic studies by Ja’far Sobhani.

# Tohidi Tabrizi, Muhammad Ali, Misbah al-Fuqaheh: Taqrirat-e Dars-e Ayatollah Khoei, Qom, Davari Publications, 1st edition, 1377 SH.

# Jazayri, Abdul Rahman, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Beirut, Dar al-Kutub al-'Ilmiyah, 1424 AH.  

# Khoei, Sayyid Abul-Qasim, Tawzih al-Masa'il, Qom, Mehr Publications, 1412 AH.

# Rouhani, Mohammad Sadiq, Fiqh al-Sadiq, Qom, Imam Sadiq (AS) Seminary, 1412 AH.

# Shobeiri Zanjani, Musa, Tawzih al-Masa'il, Qom, Wila Research Institute, 1384 SH.

# Safi Golpaygani, Jame' al-Ahkam, Qom, Office for the Compilation and Publication of the Works of Ayatollah Safi Golpaygani, 1385 SH.

# Muhaqqeq Karaki, Ali ibn Hussein, Jame' al-Maqasid, Qom, Al al-Bayt Institute, 2nd edition, 1414 AH.