Sculpture: Difference between revisions
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'''Sculpture''' (in persian: [[:fa:مجسمهسازی|مجسمهسازی]]) 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. | '''Sculpture''' (in persian: [[:fa:مجسمهسازی|مجسمهسازی]]) 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. | ||
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 misleading from the path of God, idolatry, resembling the actions of the Creator, or imitating polytheists. | 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 misleading from the path of God, idolatry, resembling the actions of the Creator, or imitating polytheists. | ||
Exceptions to the prohibition of crafting sculptures of living beings include making incomplete or partial sculptures, as per the fatwa of [[Sayyid | Exceptions to the prohibition of crafting sculptures of living beings include making incomplete or partial sculptures, as per the fatwa of [[Sayyid Abolqassem Musavi Khoei]], creating sculptures using machinery, according to the fatwa of [[Sayyid Ruhollah Musavi 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. | ||
== Exposition of the Issue == | == Exposition of the Issue == | ||
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=== Jurisprudential Discussions Focused on Sculptures of Living Beings === | === Jurisprudential Discussions Focused on Sculptures of Living Beings === | ||
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<ref>14. Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 188.</ref>. | 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<ref>14. Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 188.</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>. | 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 | 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. | ||
=== 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 | 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: | ||
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>. | ||
2. Narrations specifically prohibiting the creation of sculptures, regardless of whether they represent living or non-living entities<ref> Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.</ref>. | 2. Narrations specifically prohibiting the creation of sculptures, regardless of whether they represent living or non-living entities<ref> Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.</ref>. | ||
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<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 297.</ref>. | 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<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 297.</ref>. | ||
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<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 296.</ref>. | 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<ref>Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 296.</ref>. | ||
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>. | 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>. | ||
==== Consensus Among Jurists and its Critique ==== | ==== Consensus Among Jurists and its Critique ==== | ||
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 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. | ||
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=== Exceptions to the Prohibition === | === Exceptions to the Prohibition === | ||
Despite the widely accepted prohibition on creating sculptures of living beings, some jurists have made exceptions, including: | Despite the widely accepted prohibition on creating sculptures of living beings, some jurists have made exceptions, including: | ||
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<ref>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.</ref>. | 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<ref>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.</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>. | 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 | |||
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>. | |||
== Fatwas and Reasons for Permission == | == Fatwas and Reasons for Permission == | ||
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Original Article: Sculpture (Study Resources) | Original Article: Sculpture (Study Resources) | ||
The topic of sculpture has been addressed in contemporary jurisprudential works in two ways: | The topic of sculpture has been addressed in contemporary jurisprudential works in two ways: | ||
2. Monographs: Independent works written specifically on the subject of sculpture, such as: | 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. | ||
• Sculpture and Painting: Lectures of higher Islamic studies by Alireza A’rafi on the topic of sculpture and painting, transcribed by Alireza Abedinzadeh. | |||
2. Monographs: Independent works written specifically on the subject of sculpture, such as: | |||
• Sculpture and Painting: Lectures of higher Islamic studies by Alireza A’rafi on the topic of sculpture and painting, transcribed by Alireza Abedinzadeh. | |||
• 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. | • 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. | ||