Sculpture: Difference between revisions
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According to Makarem Shirazi, computerized robots and dolls also fall under the category of sculpture<ref>Makarem Shirazi, Istifta’at -Jadid, Vol. 3, p. 168.</ref>. [[Mohammad Ishaq Fayyaz]] regards the creation of sculptures of humans and their body parts as a tool for educating medical students, replacing the need for human dissection<ref>Faiyyaz, Istifta’at al-Shar'iyah, Vol. 1, p. 109.</ref>. | According to Makarem Shirazi, computerized robots and dolls also fall under the category of sculpture<ref>Makarem Shirazi, Istifta’at -Jadid, Vol. 3, p. 168.</ref>. [[Mohammad Ishaq Fayyaz]] regards the creation of sculptures of humans and their body parts as a tool for educating medical students, replacing the need for human dissection<ref>Faiyyaz, Istifta’at al-Shar'iyah, Vol. 1, p. 109.</ref>. | ||
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- | 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-Fiqahah: 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>. | ||
=== Jurisprudential Discussions Focused on Sculptures of Living Beings === | === Jurisprudential Discussions Focused on Sculptures of Living Beings === | ||
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Additionally, Ja’far Sobhani asserts that the statements of Abul Salah Halabi<ref>15. Halabi, Al-Kafi fi al-Fiqh, p. 281.</ref> and Ibn Barraj<ref>16. Ibn Barraj, Al-Muhadhab, Vol. 1, p. 344.</ref>, regarding the impermissibility of creating sculptures apply even to sculptures of non-living beings<ref>17. Ya'qoubi Isfahani, Al-Mawahib fi Tahreer Maksab al-Muharramah, p. 377.</ref>. | Additionally, Ja’far Sobhani asserts that the statements of Abul Salah Halabi<ref>15. Halabi, Al-Kafi fi al-Fiqh, p. 281.</ref> and Ibn Barraj<ref>16. Ibn Barraj, Al-Muhadhab, Vol. 1, p. 344.</ref>, regarding the impermissibility of creating sculptures apply even to sculptures of non-living beings<ref>17. Ya'qoubi Isfahani, Al-Mawahib fi Tahreer Maksab al-Muharramah, p. 377.</ref>. | ||
== Fatwas and Reasons for Prohibition and its Exceptions == | == Fatwas and Reasons for Prohibition and its Exceptions == | ||
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- | 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-Fiqahah, 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 Shubairi 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 [[Lotfollah Safi Golpaygani]]<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. | ||
=== Evidence of Prohibition === | === Evidence of Prohibition === | ||
Those jurists who advocate for the prohibition of crafting sculptures of living beings have focused solely on the matters mentioned in the textual evidence (Qur’an, narrations, and traditions), considering them the subject of the ruling and regarding them as what God intended. Most jurists who approve of sculpture creation do not consider these matters as independent but rather take into consideration broader concepts like “[practices] misleading from the path of God,” and criteria such as “idolatry,” “mimicking the Creator,” or “imitating polytheists” and have permitted creation of sculptures in the absence of these specific concepts and criteria. Accordingly, jurists have relied on narrative reasoning, namely narrations, and rational reasoning, like consensus [among jurists], to deduce the legal ruling on sculpture. | Those jurists who advocate for the prohibition of crafting sculptures of living beings have focused solely on the matters mentioned in the textual evidence (Qur’an, narrations, and traditions), considering them the subject of the ruling and regarding them as what God intended. Most jurists who approve of sculpture creation do not consider these matters as independent but rather take into consideration broader concepts like “[practices] misleading from the path of God,” and criteria such as “idolatry,” “mimicking the Creator,” or “imitating polytheists” and have permitted creation of sculptures in the absence of these specific concepts and criteria. Accordingly, jurists have relied on narrative reasoning, namely narrations, and rational reasoning, like consensus [among jurists], to deduce the legal ruling on sculpture. | ||
==== Narrations ==== | ==== Narrations ==== | ||
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- | 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-Fiqahah, Vol. 1, p. 359.</ref>, meanwhile [[Sayyid Mohammad Sadeq Rohani]] has categorized such narrations into four main groups: | ||
1. Narrations indicating an absolute prohibition of images, whether sculptures or paintings, and whether representing living or non-living beings. For example, a narration by from Imam Sadiq (AS) narrated by Muhammad ibn Muslim explicitly forbids all forms of image-making (sculpture and painting)<ref>29. Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218; Nuri, Mustadrak al-Wasail, Vol. 13, p. 210.</ref>. | 1. Narrations indicating an absolute prohibition of images, whether sculptures or paintings, and whether representing living or non-living beings. For example, a narration by from Imam Sadiq (AS) narrated by Muhammad ibn Muslim explicitly forbids all forms of image-making (sculpture and painting)<ref>29. Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218; Nuri, Mustadrak al-Wasail, Vol. 13, p. 210.</ref>. | ||
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2. Sayyid Ruhollah Khomeini: If a sculpture is made using machinery, it is not considered prohibited because the evidence for the prohibition of sculpture only applies to cases where an individual manually creates sculptures<ref>Makarem Shirazi, Istifta'at Jadid, Vol. 3, p. 168.</ref>. | 2. Sayyid Ruhollah Khomeini: If a sculpture is made using machinery, it is not considered prohibited because the evidence for the prohibition of sculpture only applies to cases where an individual manually creates sculptures<ref>Makarem Shirazi, Istifta'at Jadid, Vol. 3, p. 168.</ref>. | ||
3. [[Sayyid Abolqassem Musavi Khoei]], | 3. [[Sayyid Abolqassem Musavi Khoei]], [[Lotfollah Safi Golpaygani]], and [[Ja’far Sobhani]]: Creating incomplete or partial sculptures of humans and other animals is permissible. However, Lotfollah Safi Golpaygani 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>. | ||
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Many jurists who have issued fatwas permitting sculpture base the reason for its prohibition on criteria derived from narrations. They argue that if these criteria are not present, even crafting sculptures of living beings is considered permissible. Some of these viewpoints are as follows: | Many jurists who have issued fatwas permitting sculpture base the reason for its prohibition on criteria derived from narrations. They argue that if these criteria are not present, even crafting sculptures of living beings is considered permissible. Some of these viewpoints are as follows: | ||
• 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- | • 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-Fiqahah, 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 | • [[Mohammad-Ebrahim Jannati Shahroudi]] 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>. | • 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>. | ||
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In addition to discussing the fundamental ruling on sculpture, jurists have also addressed related topics such as the “keeping, buying and selling of sculptures” and “destroying sculptures.” | In addition to discussing the fundamental ruling on sculpture, jurists have also addressed related topics such as the “keeping, buying and selling of sculptures” and “destroying sculptures.” | ||
=== Keeping, Buying, and Selling Sculptures: === | === Keeping, Buying, and Selling Sculptures: === | ||
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- | 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-Fiqahah, 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 [[Lotfollah Safi Golpaygani]] 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-Fiqahah, Vol. 1, p. 240.</ref>. Sheikh Ansari considers keeping, buying, and selling sculptures of living beings as disliked (makruh)<ref>Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 197.</ref>. | ||
=== Destroying Sculptures: === | === Destroying Sculptures: === | ||
According to Alireza A’rafi, while explicit statements from early scholars regarding the prohibition to keep sculptures or the obligation to destroy them are not found, some jurists' statements can be interpreted to imply this obligation<ref>Abidinzadeh, Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 552.</ref>. The evidence that may indicate the obligation to destroy sculptures and the prohibition to keep them include: | According to Alireza A’rafi, while explicit statements from early scholars regarding the prohibition to keep sculptures or the obligation to destroy them are not found, some jurists' statements can be interpreted to imply this obligation<ref>Abidinzadeh, Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 552.</ref>. The evidence that may indicate the obligation to destroy sculptures and the prohibition to keep them include: | ||
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== Perspective of Sunni Schools == | == Perspective of Sunni Schools == | ||
According to the four main Sunni schools of thought, namely [[Maliki school]], | According to the four main Sunni schools of thought, namely [[Maliki school]], [[Shafi'i school]], Hanafi, and Hanbali, creating sculptures of living beings, such as humans and animals, is considered prohibited<ref>al-Jaziri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40-41.</ref>. [[Abd al-Rahman al-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>al-Jaziri, 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>al-Jaziri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.</ref>. | ||
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# Bukhari, Muhammad ibn Ismail, Sahih Bukhari, Damascus, Dar Tawq al-Najah, 1st edition, 1422 AH. | # Bukhari, Muhammad ibn Ismail, Sahih Bukhari, Damascus, Dar Tawq al-Najah, 1st edition, 1422 AH. | ||
# Tabrizi, Mirza Javad, Tawzih al-Masa'il, Qom, Hijrat Publications, 1382 SH. | # Tabrizi, Mirza Javad, Tawzih al-Masa'il, Qom, Hijrat Publications, 1382 SH. | ||
# Tohidi Tabrizi, Muhammad Ali, Misbah al- | # Tohidi Tabrizi, Muhammad Ali, Misbah al-Fiqahah: Taqrirat-e Dars-e Ayatollah Khoei, Qom, Davari Publications, 1st edition, 1377 SH. | ||
# al-Jaziri, Abd al-Rahman, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Beirut, Dar al-Kutub al-'Ilmiyah, 1424 AH. | # al-Jaziri, Abd al-Rahman, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Beirut, Dar al-Kutub al-'Ilmiyah, 1424 AH. | ||
# Janati, Muhammad Ibrahim, " Nazariyeh Ijtihadi Tafri’ei va Tatbighi," Political Science, No. 21, 1382 SH. | # Janati, Muhammad Ibrahim, " Nazariyeh Ijtihadi Tafri’ei va Tatbighi," Political Science, No. 21, 1382 SH. | ||
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# Khomeini, Ruhollah, Tahreer al-Wasilah, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1379 SH. | # Khomeini, Ruhollah, Tahreer al-Wasilah, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1379 SH. | ||
# Khomeini, Ruhollah, Tawzih al-Masa'il, Tehran, Organization for Printing and Publishing the Works of the Ministry of Culture and Islamic Guidance, 9th edition, 1372 SH. | # Khomeini, Ruhollah, Tawzih al-Masa'il, Tehran, Organization for Printing and Publishing the Works of the Ministry of Culture and Islamic Guidance, 9th edition, 1372 SH. | ||
# Khoei, Sayyid | # Musavi Khoei, Sayyid Abolqassem, Tawzih al-Masa'il, Qom, Mehr Publications, 1412 AH. | ||
# | # Rohani, Sayyid Mohammad Sadeq, Fiqh al-Sadiq, Qom, Imam Sadiq (AS) Seminary, 1412 AH. | ||
# Sistani, Sayyid Ali, Tawzih al-Masa'il, Qom, Mehr Publications, 1415 AH. | # Sistani, Sayyid Ali, Tawzih al-Masa'il, Qom, Mehr Publications, 1415 AH. | ||
# | # Shubairi Zanjani, Sayyid Mousa, Tawzih al-Masa'il, Qom, Wila Research Institute, 1384 SH. | ||
# Sheikh Ansari, Morteza, Kitab al-Makasib, Qom, Bagheri Publications, 1415 AH. | # Sheikh Ansari, Morteza, Kitab al-Makasib, Qom, Bagheri Publications, 1415 AH. | ||
# Safi Golpaygani, Jame' al-Ahkam, Qom, Office for the Compilation and Publication of the Works of Ayatollah Safi Golpaygani, 1385 SH. | # Safi Golpaygani, Jame' al-Ahkam, Qom, Office for the Compilation and Publication of the Works of Ayatollah Lotfollah Safi Golpaygani, 1385 SH. | ||
# Safi Golpaygani, Lotfollah, Tawzih al-Masa'il, Mehr Publications, 1414 AH. | # Safi Golpaygani, Lotfollah, Tawzih al-Masa'il, Mehr Publications, 1414 AH. | ||
# Safi Golpaygani, Lotfollah, Hidayat al-‘Ibad, Qom, Dar al-Qur'an al-Karim, 1416 AH. | # Safi Golpaygani, Lotfollah, Hidayat al-‘Ibad, Qom, Dar al-Qur'an al-Karim, 1416 AH. | ||
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# Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Qom, Dar al-Hadith, 1st edition, 1387 SH. | # Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Qom, Dar al-Hadith, 1st edition, 1387 SH. | ||
# Mujassameh-sazi va Hunarhay Tajassumi, Website of Grand Ayatollah Sanei, Date of Access: 30 Shahrivar 1400 SH. | # Mujassameh-sazi va Hunarhay Tajassumi, Website of Grand Ayatollah Sanei, Date of Access: 30 Shahrivar 1400 SH. | ||
# | # Mohaqqeq Karaki, Ali ibn Hussein, Jame' al-Maqasid, Qom, Al al-Bayt Institute, 2nd edition, 1414 AH. | ||
# Mughniyah, Muhammad Jawad, Falsafat Islamiyyah, Beirut, 6th edition, 1993 CE. | # Mughniyah, Muhammad Jawad, Falsafat Islamiyyah, Beirut, 6th edition, 1993 CE. | ||
# Makarem Shirazi, Naser, Estifta'at Jadid, Qom, Madrasat al-Imam Ali ibn Abi Talib (AS), 2nd edition, 1427 AH. | # Makarem Shirazi, Naser, Estifta'at Jadid, Qom, Madrasat al-Imam Ali ibn Abi Talib (AS), 2nd edition, 1427 AH. | ||