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| == Sculpture == | | == Jurisprudence and Reason (book) == |
| Author: Hamza Ahmadi | | Author: Alireza Dehqani |
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| Sculpture has become a prominent topic in contemporary jurisprudence, gaining more attention due to the increasing use of sculptures and statues, leading to the emergence of new issues. Most Shi’a and Sunni jurists consensually consider the creation of sculptures depicting living beings, such as humans and animals, as prohibited (haram) based on narrations. However, the construction of sculptures depicting non-living entities has not received significant attention.
| | The book Jurisprudence and Reason written by [[Abulqasem Alidoust]], in Persian language, has tried to develop the use of reason in deriving Sharia rulings by presenting the features of reason in understanding Islamic rulings. Unlike some contemporary Usulians, Alidoust has accepted the rule of interdependence between the rule of reason and the rule of Sharia. |
| Some jurists, however, reject the absolute prohibition of crafting sculptures of living beings. They base their argument on criteria derived from narrations, deeming the prohibition applicable only to cases involving [practices] misleading from the path of God, idolatry, resembling the actions of the Creator, or imitating polytheists.
| | According to Alidoust, a professor of Kharij Fiqh and Usul Fiqh in Qom seminary, the reason can recognize the meaning of Sharia rulings by observing the frameworks and rules of conventional seminary ijtihad and also discover the purposes of Sharia by using the Quran and Narration. As a result, it is possible to understand the rulings in a system and body whose components are coordinated with each other. The book seeks to expand the accountability of the Sharia to more diverse issues by promoting the independent position of reason in deriving rulings and rereading it in a coherent system. |
| Exceptions to the prohibition of crafting sculptures of living beings include making incomplete or partial sculptures, as per the fatwa of Sayyid Abolqasem Khoei, creating sculptures using machinery, according to the fatwa of Sayyid Ruhollah Khomeini, and creating sculptures for medical education, as suggested by Naser Makarem Shirazi. In Shi’a jurisprudential works, there is no distinct section dedicated to sculpture, but relevant discussions are intertwined within chapters on prayer and trade. However, there are independent works dedicated to this subject.
| | According to the book of jurisprudence and reason, although the purposes of the Sharia have a strong role in deriving rulings, in this respect one should use reason in a systematic manner and do such a thing according to the texts expressing the purposes in the book and the Sunnah. In this regard, Alidoust believes that neglecting the purposes of the Sharia in deriving rulings causes fatwas to become illegal. |
| | | In the current book, Alidoust emphasizes the necessity of simultaneously paying attention to both independent and non-independent applications of reason in deriving rulings. He also disagrees with following all rulings based on real interests and corruptions, and states that sometimes the enactment of a ruling may not be due to expediency or expediency, and that legislation itself causes the creation of posterior expediency. He also explains in detail the rule reason and the rule of Sharia and points out the opposition of jurists such as Seyyyed [[Abulqasem Khoei]] and [[Sheikh Morteza Ansari]] to this principle. Furthermore, he points to cases of the use of reason in discovering the meaning of rulings by them to show that the mentioned jurists relied on it in practice while theoretically opposed to the inherent rule. |
| === Exposition of the Issue ===
| | == The Author == |
| Sculpture is one of the significant and challenging contemporary jurisprudential issues<ref>1. Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 542.</ref>, alongside painting, and is addressed under the categories of “image,” “form,” and “statue” in Shi’a and Sunni narrative sources<ref>2. For example, see Hur Ameli, Wasa'il al-Shi'a, Vol. 5, pp. 174-176; Ahmad ibn Hanbal, Musnad Ahmad, Vol. 4, p. 65; Bukhari, Sahih al-Bukhari, Vol. 3, p. 136.</ref>. Some Shi’a jurists have emphasized the importance of sculpture in their works and have advocated for addressing its legal rulings. For instance, Makarem Shirazi highlights the use of sculpture in commemorating national<ref>Makarem Shirazi, Istifta’at -Jadid, Vol. 2, p. 239.</ref>, religious, and cultural figures in Islamic societies. Similarly, Mohammad Javad Fazel Lankarani sees sculpture as a tool for expressing truths and societal issues, which can be used to promote religious concepts and counter anti-religious propaganda. He also deems sculpture and related matters as necessities of human life. Considering the circumstances of the time, the needs, and the necessities of the Islamic community, he sees it necessary for jurists to pay attention to these matters when deducing legal rulings.
| | Abulqasem Alidoust is one of the professors of the Kharij Fiqh (since 2003) and the Usul Fiqh (since 1375) in Qom seminary. Some of his books are as follows: [[Jurisprudence and common sense|jurisprudence and common sense]], [[Jurisprudence and custom|jurisprudence and custom]], [[Jurisprudence and expediency|jurisprudence and expediency]], [[Jurisprudence and contract law|jurisprudence and contract law]], [[General Qur'anic evidence|general Qur'anic evidence]], [[Jurisprudence and contract law: general evidence of narration|jurisprudence and contract law: general evidence of narration]] and Salsabil fi Usul al-Tajzyyah wa Irab. |
| According to Makarem Shirazi, computerized robots and dolls also fall under the category of sculpture. Mohammad Eshaq Fayaz regards the creation of sculptures of humans and their body parts as a tool for educating medical students, replacing the need for human dissection.
| | The book of Jurisprudence and Expediency was recognized as the selected work of the Book of the Year Award of the Islamic Republic in 2009. Currently, he is a member of the faculty of the jurisprudence and Law Research Institute of the Islamic Culture and Thought Research Institute, the president of the Qom Seminary Islamic Jurisprudence and Law Scientific Association, a member of the Qom Seminary Teachers' Society and the head of the Transfer Sciences Chair of the Secretariat for theorizing, criticizing and debating chairs. |
| 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. There is no independent section dedicated to sculpture in Shi’a jurisprudential sources; rather, its legal rulings are discussed within chapters on purity (rulings related to ritual ablution), prayer (clothing and location of prayer and rulings for mosques), and trade (impermissible trades). 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.” 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.
| | Besides authoring works that show he pays attention to contemporary jurisprudence issues, Alidoust has been teaching political jurisprudence and judicial jurisprudence for about four years, which, despite the importance of both of them in contemporary jurisprudence, are rarely taught in the fields <ref>Biography of Ayatollah Alidoust", Abolqasem Alidoust website.</ref>. |
| === Jurisprudential Discussions Focused on Sculptures of Living Beings ===
| | == The Importance of the Book == |
| Jurists have separated the jurisprudential rulings on crafting sculptures of living beings from non-living ones and have primarily focused their discussion and jurisprudential examination on sculptures of living beings, while sidelining the issue of crafting sculptures of non-living beings. While most jurists have considered creating sculptures of non-living entities permissible, Sheikh Ansari believes that if the sculpture of non-living entities evokes admiration and impresses the viewer, creating such sculptures is problematic.
| | Contrary to the common view among the jurists who practically leave aside the reason in jurisprudence and consider the Qur'an and the Sunnah to be sufficient, the book Jurisprudence and Reason has tried to revive the place of the reason in the contemporary jurisprudence of the Imamiyyah. The author of Jurisprudence and Reason states in his other works that reason, is the most important element in discovering the laws governing human sciences, in addition to being important in jurisprudential inference. |
| Additionally, Ja’far Sobhani asserts that the statements of Abul Salah Halabi and Ibn Barraj, regarding the impermissibility of creating sculptures apply even to sculptures of non-living beings.
| | According to him, recognizing the concept and function of reason can help both in the understanding of religious texts and the production of Islamic humanities which is one of the concerns of today's researchers supported by the Islamic Republic <ref>Alidoust, "An approach for the production of Islamic humanities...".</ref>. Accordingly, Alidoust believes that due to we can talk about nuclear jurisprudence, art jurisprudence, security jurisprudence and the like to develop the tools of reason in inference. The current book was taught by one of Alidoust's students named Seyyed Mehdi Mousavi in 43 sessions <ref>Channel of reflections on jurisprudence methodology.</ref>. |
| === Fatwas and Reasons for Prohibition and its Exceptions ===
| | == The Framework of the Book == |
| According to Sheikh Ansari, the prohibition of crafting sculptures of living beings is generally accepted among Shi’a jurists, a view also embraced by Sunni scholars, as stated by Sayyid Abolqasem Khoei. Among contemporaries, jurists such as Sayyid Abolqasem Khoei, Sayyid Ali Sistani, Sayyid Ruhollah Khomeini, Mohammad Ishaq Fayaz, Sayyid Mousa Shobeiri Zanjani, Naser Makarem Shirazi, and Lutfullah Safi Golpayegani have all deemed crafting sculptures of living beings, such as humans and animals, as prohibited.
| | In addition to the preface and the introduction, the book of jurisprudence and reason has four chapters and a conclusion, which are as follows: |
| === Evidence of Prohibition ===
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| 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.
| | 1. The generalities of reason: In this chapter, the application of the concept of reason in religious sources (Qur'an and narrations) as well as its use in Islamic sciences (words, ethics, logic, philosophy and jurisprudence) are explained. Then the various divisions of reason, including theoretical and practical reason, have been explained. Then, the influence of reason in the understanding of goodness and ugliness have been examined. |
| === Narrations ===
| | 2. The independent [[Use of reason in deriving the rulings of Sharia|use of reason in deriving the rulings of Sharia]]: In this chapter, the rule of connection between the ruling of reason and the ruling of Sharia is described in two chapters; In the first chapter, the generality and magnitude of the principle of the rule of law have been proven and the intended meaning of Alidoust has been clarified. On the other hand, in the second chapter, the smallness of the rule has been proposed from two perspectives: one from the perspective of the role of reason in the criteria of Sharia rules, and the second from the perspective of the role of reason in the rules of law and rules of Sharia. |
| The most important reason that jurists have relied on to examine the ruling of sculpting is narrations. Sayyid Abulqasim Khoei considers narrations from both Sunni and Shia sources regarding the prohibition of sculpture living beings as beneficial, meanwhile Seyyed Mohammad Sadeq Rohani has categorized such narrations into four main groups: | | 3. Non-independent use of reason: In this chapter, the focus is on the instrumental and non-independent use of reason in three sections: 1. The instrumental use of reason in proving fundamental arguments, interpreting religious evidence, understanding the evidence, forming valid analogies, and examining the documents of narrations, 2. Explaining the application of the clearance and security of reason, and the explanation of the ruling of reason in events without a ruling and unknown events, while discussing the two theories of "Qubhe Iqabe Bela Bayan" and "Haq Al-Ta'a". 3. The uses of reasoning in inference and ijtihad. |
| 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). | | 4. Pathology and answers to doubts and questions: In this chapter, firstly, the harms of using reason in inference are investigated and then the ways to deal with these harms are stated. Then doubts have been expressed in order to question the validity of the perceptions of reason and rational judgments. After this, the relationship between the rule of reason and the building of reason has been discussed. |
| 2. Narrations specifically prohibiting the creation of sculptures, regardless of whether they represent living or non-living entities.
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| 3. Narrations only prohibiting the depiction of living beings, regardless of whether they are sculptures or not. For instance, a narration from Sheikh Saduq attributed to Imam Sadiq (AS) where the Prophet (PBUH) prohibited both sculpting and painting animals on rings.
| | 5. Conclusion: The mission of the trustees Inference: In this chapter, some points about the necessity of technical and comprehensive ijtihad in the age of absenteeism and avoiding harm have been stated. |
| 4. Narrations exclusively emphasizing the prohibition of crafting sculptures of living beings. An example is an authentic narration from Imam Sadiq (AS), allowing the creation of images or sculptures only for non-living entities like trees, the sun, the moon, and similar objects.
| | == Principles and Assumptions == |
| 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. For instance, narrations that label sculpting as one of the heinous acts, mention severe punishments for the perpetrator. 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.
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| === Consensus Among Jurists and its Critique ===
| | === The need to pay attention to the red lines of conventional ijtihad === |
| 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 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.
| | According to Alidoust, what is meant by the application of reason or the purposes of the Sharia is not that anyone puts his illusions in the name of the purposes of the Sharia next to the appearances of the book and the Sunnah and puts what he thinks is the spirit of the law and the purposes of the Sharia in the place of the text. Accordingly, the jurist should respect the Qur'anic and narrative texts, use the set of religion and Sharia in their understanding, and after considering the intellectual understanding, turn to infer the verdict (pp. 147-148). |
| There is no consensus among jurists regarding the prohibition of sculpture. Seyyed 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.
| | === Characteristics of appropriate inference === |
| === Exceptions to the Prohibition ===
| | Based on the current book, as mentioned in the introduction of it, the appropriate and correct inference is an inference that is adorned with the originality of the sources, comprehensive and disciplined research while being free from harms such as mixing with praise and the material of the message. Also, paying attention to sources of jurisprudence and having consistent principles of ijtihad is a necessary condition for ijtihad (p. 18). Based on this fact, in deriving rulings, the collection of Sharia and its general goals should be considered (p. 158). |
| Despite the widely accepted prohibition on creating sculptures of living beings, some jurists have made exceptions, including:
| | === Application of Sharia collection and its purposes in inference === |
| 1. Naser Makarem Shirazi: Embossed patterns seen in plasterwork, carving, toreutics, and similar crafts, as well as dolls, and items considered toys, sculptures created for deceiving enemies and are a strategic necessity, and sculptures made from various pieces used in medical education are exceptions to the prohibition.
| | The Jurisprudence and Reason book deals with the application of reason in two separate parts which occupies more than half of the work, in order to specify the independent and non-independent uses of reason in order to develop the use of reason in inference and the ability to solve newly emerging jurisprudential issues. |
| 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.
| | In another article, Abulqasem Alidoust also valued the possible uses of reason and said that the best use of reason is to discover the meaning of rulings, and the other use is unruly and distasteful expedients, which are called Istislah in Sunnis. According him, although the importance of the purposes of the Sharia in deriving rulings is undeniable, in discovering the purposes of the Sharia and the meaning of the rulings, reason must be used systematically. That is, according to the texts showing the purposes in the books and the Sunnah, he achieved the purposes and evidence <ref>Alidoust, "Capacities of jurisprudence in facing the problems of the contemporary world".</ref>. |
| 3. Sayyid Abolqasem 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.
| | === The Necessity to know the Purposes of Sharia === |
| === Fatwas and Reasons for Permission === | | According to the book, it is necessary for the jurist to be familiar with the purposes of the Sharia. Furthermore, the jurist should not ignore the purposes and goals of the Sharia in deriving rulings from the evidence, and examine the evidence by neglecting it. Therefore, ijtihad requires, in addition to prerequisites such as familiarity with Arabic literature, Rijal and Usul, theological prerequisites such as recognizing the truth of man from the perspective of religion, expecting religion from mankind, knowledge of the essence and complex of religion, and awareness of the purpose of the Sharia, and neglecting these matters causes illegalization becomes a fatwa (p. 17). |
| 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:
| | === The Results of Paying Attention to the Goals of Sharia === |
| • 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.
| | In the chapter on the independent use of reason in deriving the rulings of Sharia, the book has provided evidence from Quranic texts and narrations to make it clear how important it is to pay attention to the goals and purposes of Sharia. It includes the following issues.Orphans' property: Abulqasem Alidoust, referring to the revelation of verses 10 of Surah Nisa and 152 of Surah An'am in the prohibition of losing the property of orphans, pointed out the behavior of some Muslims who, after the revelation of these verses, were motivated to escape from the responsibility of taking care of orphans, their food separated from their lives. This caused the revelation of verse 220 of Surah Al-Baqarah, according to which God's will is placed on it to take care of orphans and their property in the best way. Based on this, although God deems it necessary to respect the interests of orphans, this caution should never lead to the weakening of the guardians' motivation. Therefore, the mentioned verses indicate that the Holy Quran has paid attention to both the spirit and the truth of the ruling, that is, the duty of guardianship of orphans, and the collection of Sharia and rulings. According to Alidoust, neglecting the simultaneous observance of the two mentioned aspects can lead to the issuance of strict and burdensome rulings. |
| • 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. However, he emphasizes that crafting sculptures for the purpose of worship, veneration, and imitating idolaters and polytheists is prohibited.
| | === Classification of Religious Texts === |
| • 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. He also believes that the fatwas prohibiting sculpture lack evidence and are simply precautionary.
| | In the book, Alidoust has divided religious texts, i.e. the verses of the Qur'an and the traditions of the infallible, into two parts: Shari'a rulings, as well as purposes and wisdom. |
| • According to the fatwa of Yousef Saanei, sculpture making itself is not prohibited, and if it is done for intellectual purposes, it is permissible.
| | Rulings: Texts that express the Shari'a and state the status or obligations. |
| • Sheikh Javad Tabrizi believes that crafting sculptures of living and non-living beings is permissible, though it is recommended to avoid it.
| | The general purposes of the Sharia and the wisdom of rulings: texts that do not express the ruling and the law, but rather express the general purposes of the Sharia or the wisdom of rulings. <ref>Alidoust, "Jurisprudence and objectives of Sharia law".</ref> |
| • Sayyid Ali Khamenei considers crafting sculptures of living beings as permissible and states that buying, selling, keeping, and even displaying them in exhibitions is not problematic.
| | == Claims and Evidence == |
| === Issues Related to Sculpture ===
| | === The need to simultaneously pay attention to both applications of reason in inference === |
| 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.”
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| === Keeping, Buying, and Selling Sculptures: === | | Based on what is stated in the book of Jurisprudence and Reason, in a general division, the use of reason in deriving the ruling can be divided into two independent and non-independent categories: |
| Most jurists have considered buying, selling, and keeping sculptures, even those depicting living beings, as permissible. According to Khoei, the available evidence only indicates the prohibition of sculpture making, and there is no evidence prohibiting its keeping, buying, and selling. 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. Sheikh Ansari considers keeping, buying, and selling sculptures of living beings as reprehensible.
| | |
| === Destroying Sculptures: ===
| | * Independent: In this application, reason is an independent source of the Quran and Narration. When reason finds it definitely expedient, it can be considered obligatory by religion, and on the other hand, by recognizing the definite corruption of reason, it can be declared unlawful by religion. |
| 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. The evidence that may indicate the obligation to destroy sculptures and the prohibition to keep them include:
| | |
| • Just as creating a sculpture is considered reprehensible by God, its existence is also reprehensible. Therefore, what implies the prohibition of sculpture-making also suggests the obligation to destroy it. 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.
| | * Non-independent: In this application, the reason is at the service of other sources and is a tool that can be used to deduce the religious ruling from sources such as the Qur'an and Narration. For example, the jurist takes help from his reason when faced with the "leader of prayer" and obtains the sharia obligation of prayer from the appearance of the command form in the obligation and the evidence of appearances (p. 24-25). |
| • There are narrations where breaking sculptures is commanded. 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.
| | * |
| === Perspective of Sunni Schools === | | === Opposing the obedience of all the rulings of real interests and corruptions === |
| 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. 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. 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.
| | According to him, examining the issue of following rulings from the real benefits and corruptions is not so difficult from the point of view of reason. Because the certain reason knows that religion and Sharia have sacred and real goals that can be seen in the form of expediency and corruption. However, before the judgment is assigned to a matter, it is not necessary that there be expediency or corruption in it, because it is possible only There should be an expedient ruling in the legislation (p. 106-107). |
| === Study Resources ===
| | === Reasons and evidence of the rule of compliance with real interests and corruptions === |
| Original Article: Sculpture (Study Resources)
| | In his book Jurisprudence and Reason, Alidoust has stated some of the Qur'anic verses and the traditions of the innocents in the direction of following the rulings from the real interests and corruptions. He has also stated evidence against it. Among these, according to the Holy Qur'an, the law of prayer is based on a real expediency and in the direction of preventing them from doing ugly and obscene things, on the one hand. In the Holy Qur'an, the reason for banning certain foods on the Jews was to punish them for their obscene deeds, not because there has been corruption in eating those foods, on the other hand. He also referred to a tradition of Imam Sadiq (PBUH), according to which whatever God has forbidden or commanded has a divine test (p. 108-111). |
| The topic of sculpture has been addressed in contemporary jurisprudential works in two ways: | | === Explaining the meaning of obeying the rules of benefits and corruptions === |
| 1. Sculpture has been discussed alongside other jurisprudential topics in some works, including “Masbah al- Fiqaha" – jurisprudential lectures by Sayyid Abulqasim 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.
| | After mentioning some problems with the famous theory of justice about expediency and expediency, Abulqasem Alidoust states that the rule of following rulings from expediency and expediency is not a well-known and accepted rule among late Shia fundamentalists. According to what is stated in the book of jurisprudence and reason, it is difficult to accept the following of rulings from the interests and corruptions of the past, and as a result, it should be said that rulings are sometimes due to expediency and corruption existing in the ruling, and sometimes due to the expediency hidden in the legislation and its implementation and it is obligatory (p. 118). |
| | | === The concept and arguments rule of correlation between reason and law === |
| 2. Monographs: Independent works written specifically on the subject of sculpture, such as:
| | The present book considers the rule of correlation between reason and law to be provable by rational and narrative reasons. In the chapter related to the rule of correlation between reason and law, first of all, it defines the concept of this rule by explaining each of the terms, including ruling, rule of reason, and correlation between reason and law. Then, he examines the reasons that prove this rule. According to Alidoust, regarding the rule "All of us are ruled by the Sharia, the rule is by the reason" (whenever the Sharia rules on a subject, the reason also rules on it), it should be said that the reason is general, according to the understanding of the Sharia. He acknowledges the Shari’a rulings and issues judgments about them, but it is not the case that reason understands all the Shari’a rulings without paying attention to his words and rules accordingly (p. 119). |
| • Sculpture and Painting: Lectures of higher Islamic studies by Alireza A’rafi on the topic of sculpture and painting, transcribed by Alireza Abedinzadeh.
| | In order to strengthen his opinion, the book of jurisprudence and reason also states and answers the problems of the rule of correlation between reason and law. Among other things, by referring to the verse " And We will not punish until We send a messenger " (Isra', 15), he clarifies that contrary to the opinion of the claimants, this verse does not imply the negation of the rule. The claimants believe that the negation of punishment in the verse was stated after the sending of the prophets, and thus there is no room left for the understanding of reason. Alidoust believes that if a messenger was sent and used reason as a proof, and then someone opposed the verdict of reason, this the chastisement is after the sending of the messenger and therefore does not contradict the verse (p. 81). |
| • Image and Sculpture in Shia Jurisprudence: A work by Sayyid Abbas Sayyid Karimi, written in Persian and spanning 224 pages, it explores the viewpoints of Shia jurists and their evidences regarding the legal rulings on images and sculpture.
| | === Reasons and evidence === |
| === Footnotes: ===
| | According to Alidoust, if we don't accept the rule of correlation between reason and law, the shari'a obligation of justice and the shari'a sanctity of injustice are not proven by understanding the goodness of justice and the ugliness of injustice by reason (p. 70). He also relies on the fact that "Alaf and Lam" in "Al-Aql" are "Alaf and Lam" of the genus, he believes that this rule includes the reason of everyone and it cannot be considered specific to the reason of some reasons or properties such as prophets and saints. (p. 71). |
| # Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 542.
| | Abulqasem Alidoust then proved the rule of correlation between reason and law by relying on rational and narrative reasons. In the chapter on rational reason, he has stated that when the theoretical reason finds the connection between two matters such as the necessity of the preamble and the preamble to be correct and real, and finds an end to it, he considers the connection to be inevitable and believes that every wise legislator should distinguish between these two. (pp. 94-95) |
| # For example, see Hur Ameli, Wasa'il al-Shi'a, Vol. 5, pp. 174-176; Ahmad ibn Hanbal, Musnad Ahmad, Vol. 4, p. 65; Bukhari, Sahih al-Bukhari, Vol. 3, p. 136.
| | In addition, according to the book, it is possible to use the reason of narration for the benefit of the rule of correlation between reason and law. Referring to religious texts and its incomplete induction leaves no doubt that the understanding of reason is proof. It is also proved by the implication of obligation, the connection between its understanding and the ruling of Shari’a. To strengthen his opinion, the book mentions three narrations as examples. Alidoust has also presented three narrations, based on which, the connection between the rule of reason and Sharia is proved by means of conformity and commitment (pp. 96-97). |
| # Makarem Shirazi, Istifta’at -Jadid, Vol. 2, p. 239.
| | === Confusion in the words of opposing jurists === |
| # Fazel Lankarani, Mouzu’at wa Melakat dar Fiqh Honar, p. 27.
| | After explaining the major premise of the rule of correlation between reason and law, the book goes to the minor premise of rule of correlation between reason and law to clarify to what extent the reason can discover the meaning and reason of the rulings of Sharia. Alidoust mentions some examples of the fundamentalists who deny the principle of rule of correlation between reason and law to show that the opponents of the rule of rule of correlation between reason and law who believe that reason is absolutely unable to understand the meaning of rulings, have not fully adhered to this opinion. Finally, he concluded that the practice of jurists shows that, in short, reason is the source that they have made an inference. This means that the jurist has reached the criteria of the religious ruling with his reason and then derives the ruling (pp. 125-127); Some of these jurists are: |
| # Fazel Lankarani, Mouzu’at wa Melakat dar Fiqh Honar, p. 27.
| | # In some cases, Seyyed Abulqasem Khoei considers it probable that the reason reaches the rulings and sometimes gives fatwas with trust in the reason. For example, regarding the permissibility or impermissibility of delaying the expiation of fasting, the delay is not permissible, unless he is sure that he will be able to perform it in the future. Then he considers reason as the only source of this ruling. |
| # Makarem Shirazi, Istifta’at -Jadid, Vol. 3, p. 168.
| | # Sheikh Ansari sometimes relied solely on reason in deriving the religious ruling. For example, when he wants to prove the permissibility of dealing with property that the owner did not allow, he considers small possessions of property belonging to others to be permissible as a definite ruling of reason. |
| # Faiyyaz, Istifta’at al-Shar'iyah, Vol. 1, p. 109.
| | == Pathology of inference using reason == |
| # Abidinzadeh,Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 24.
| | In the fourth and last part of the book, together with the conclusion, it mentions the source of the harms in inference and then the harms of referring to reason and its application in the inference of Sharia rulings. It has been clarified that this process may cause abuse by the enemies of Sharia in the contemporary world and this illusion It showed that the Shari’a was limited to a certain time and place, and as a result, in the present era, the thoughts that fit the conditions of the new age should be replaced with the Sharia. In this regard, while paying attention to the origin of the harms related to the use of reason in inference, Alidoust has also listed examples of these harms. |
| # Naraghi, Mustanad al-Shi'a, Vol. 2, p. 180.
| | === The origin of harms in inference === |
| # Najafi, Jawahir al-Kalam, Vol. 8, p. 383.
| | The origin of the harm related to the use of reason in inference is divided into two categories; 1. unnecessary stagnation on words, and 2. Intellectualism and lack of devotion (pp. 226-227). |
| # Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.
| | === Harms of using reason in deriving rulings === |
| # Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 183.
| | In this context, the book mentions three harms that jurists should avoid: |
| # 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.
| | Unreliable suspicion and Istihsan: The book of Jurisprudence and Reason considers approval to be the imposition of personal tastes in the name of reason and on the enemies of reason which should be avoided. For example, some researchers have been criticized for considering that the child is directly related to the mother and indirectly to the grandfather, and that the guardianship of the child after the death of the father is with the mother (p. 189). |
| # Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 188.
| | Improper use of reason: To distinguish the subjects of rulings such as water and blood or instances of subjects such as absolute and added water, one must refer to custom, not reason (p. 190). Because there is a strong possibility that reason will make mistakes in recognizing things that are common in nature. |
| # Halabi, Al-Kafi fi al-Fiqh, p. 281.
| | The mistake of the wisdom of the ruling with the subject of the ruling: According to Alidoust, every ruling has a subject on which the ruling is made, and it has a wisdom that is assigned to that subject because of that ruling. For example, prayer is the subject of the ruling on the obligation of prayer, and its wisdom is to prevent fornication and malevolence. Therefore, it is not possible to cancel the nature of the obligation of prayer and consider any act that prohibits fornication and malevolence as obligatory (pp. 191-192). |
| # Ibn Barraj, Al-Muhadhab, Vol. 1, p. 344.
| | == refrences == |
| # Ya'qoubi Isfahani, Al-Mawahib fi Tahreer Maksab al-Muharramah, p. 377.
| | # Alidoust, Abulqasem, "Jurisprudence capacities in a dream with contemporary world issues", Abolqasem Alidoust website, date of entry: August 7, 2016, visited date: December 2, 2021. |
| # Sheikh Ansari, Kitab al-Makasib, Vol. 14, p. 183.
| | # Alidoust, Abulqasem, "An approach for the production of Islamic humanities in the context of the interaction of jurisprudence with customs, reason and expediency", Abolqasem Alidoust website, November 12, 2018, December 2, 2021. |
| # Tohidi Tabrizi, Misbah al-Fiqhaheh, Vol. 1, p. 353.
| | # Alidoust, Abolqasem, juriprudence and reason, 9th edition, Tehran, Islamic Culture and Thought Research Organization, 2016 |
| # Khoei, Tawzih al-Masa'il, p. 262.
| | == footnotes == |
| # Sistani, Tawzih al-Masa'il, p. 423.
| |
| # Khomeini, Tahreer al-Wasilah, Vol. 1, p. 472.
| |
| # Faiyyaz, Al-Istifta'at al-Shar'iyyah, Vol. 2, p. 13.
| |
| # Shobeiri Zanjani, Tawzih al-Masa'il, p. 80.
| |
| # Makarem Shirazi, Istifta'at Jadid, Vol. 1, p. 158.
| |
| # Safi Golpaygani, Tawzih al-Masa'il, p. 409.
| |
| # Najafi, Jawahir al-Kalam, Vol. 22, p. 41.
| |
| # Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 359.
| |
| # Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218; Nuri, Mustadrak al-Wasail, Vol. 13, p. 210.
| |
| # Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.
| |
| # Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 297.
| |
| # Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 296.
| |
| # Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 169.
| |
| # Nouri, Mustadrak al-Wasail, Vol. 13, p. 210.
| |
| # Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 169.
| |
| # Muhaqqeq Karaki, Jame' al-Maqasid, Vol. 4, p. 23.
| |
| # Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 557.
| |
| # Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 569; Tabatabai Qomi, Umdat al-Matalib fi Taliq 'ala al-Makasib, Vol. 1, p. 167.
| |
| # Makarem Shirazi, Istifta'at Jadid, Vol. 3, p. 168. | |
| # Khomeini, Al-Makasib al-Muharramah, Vol. 2, p. 177. | |
| # 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.
| |
| # Safi Golpaygani, Jame' al-Ahkam, Vol. 1, p. 308.
| |
| # Montazeri, Risaleh Istifta'at, Vol. 2, p. 325.
| |
| # Janati, Nazariyeh Ijtihadi Tafri’ei va Tatbighi, p. 38.
| |
| # Janati, Nazariyeh Ijtihadi Tafri’ei va Tatbighi, p. 38; Hosseini, Jawaz Mujassameh-Sazi va Naqashi, p. 213.
| |
| # Mughniyeh, Falsafat Islamiyah, p. 921.
| |
| # Mughniyeh, Falsafat Islamiyah, p. 921.
| |
| # "Mujassameh-sazi va Hunarhay Tajassumi," Website of Grand Ayatollah Sanei.
| |
| # Tabrizi, Tawzih al-Masa'il, p. 358.
| |
| # Khamenei, Risaleh Ajwabat al-Istifta'at, p. 405.
| |
| # 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.
| |
| # Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 240.
| |
| # Safi Golpaygani, Hidayat al-'Ibad, Vol. 1, p. 292; Makarem Shirazi, Istifta'at Jadid, Vol. 1, p. 159. | |
| # Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 197. | |
| 55. Abidinzadeh, Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 552.
| |
| # Rouhani, Fiqh al-Sadiq, Vol. 14, p. 238. | |
| 57. Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 193.
| |
| 58. Fazel Lankarani, Tafsil al-Shari'ah: Al-Makasib al-Muharramah, p. 157-158.
| |
| 59. Kulayni, Al-Kafi, Vol. 13, p. 233.
| |
| 60. Rouhani, Fiqh al-Sadiq, Vol. 14, p. 240; Fazel Lankarani, Tafsil al-Shari'ah: Al-Makasib al-Muharramah, p. 142.
| |
| 61. Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40-41.
| |
| 62. Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.
| |
| 63. Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.
| |
| | |
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