Is there a fatwa of Mufti Taqi Uthmani on digital photography & animated cartoon?

[taalib_e_ilm]

Assalamualykum

Is there a fatwa of Mufti Taqi Uthmani (db) on digital photography & animated cartoon?

[student786]

Photographs: Please Clarify Your Position

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I was just wondering what is Shaykh Muhammad ibn Adam’s position regarding photos. I know there is a difference of opinion between the scholars on the issue, but I recently saw a photo of him on a website. Is he of the opinion that photos are permissible?



Question # q-16155977
Date Posted: 27/01/2006


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In the name of Allah, Most Compassionate, Most Merciful,

There are separate issues relating to picture-making (taswir), hence it would be good to understand each issue separately and the Shariah ruling on it:

1) Drawing/Painting Pictures of Humans and Animals

As it is common knowledge, there are countless Hadiths narrated from the Messenger of Allah (Allah bless him & give him peace) that strictly prohibit painting pictures of animate objects, for example:

Sayyiduna Jabir (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) forbade the keeping of pictures at home and making them.” (Sunan Tirmidhi, no: 1749)

Sayyiduna Abu Talha (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Angels (of mercy) do not enter a house wherein there is a dog or a picture.” (Sahih al-Bukhari, no: 5609)

Due to these and many other similar narrations, most classical scholars are of the opinion that painting and drawing pictures of humans and animals is unlawful and sinful. They state that ‘picture-making’ (taswir) of human or animal life has been explicitly forbidden by the Messenger of Allah (Allah bless him and give him peace) and as such it will be sinful. Only Imam Malik (Allah have mercy on him) is reported to have differed with this position of general prohibition.

In one of his narrations, Sayyiduna Imam Malik (Allah have mercy on him), contrary to the other three Imams and most other Mujtahids, is reported to have stated that only those pictures are unlawful that are three-dimensional and have a body to them, such as statues and sculptures. A picture that does not have a body or shadow to it will not be unlawful although somewhat disliked, such as drawing a picture on a paper, cloth or on any other object. This is one of two positions narrated from Imam Malik, with his other position being similar to that of the vast majority of classical scholars.

The position of the vast majority of classical scholars is based on the fact that there is no distinction in the various Hadiths between a tangible and intangible picture. The Hadith indicating the permissibility of intangible and non-solid pictures refers to pictures of other than humans and animals. (See: al-Mugni, 7/7 & Takmila Fath al-Mulhim, 4/155)

Based on this, the reliable and mainstream opinion of the classical jurists is that picture-making is unlawful, whether by painting a picture on an object or making a sculpture. This is the position held by the three main Sunni Schools of Islamic law (i.e. Hanafi, Shafi’i & Hanbali) and also one of two positions related from Imam Malik (Allah have mercy on him). It would be better if one referred to a Maliki Scholar to determine the relied upon (mufta bihi) position of that School. As such, one should avoid drawing/ painting pictures of humans and animals.

2) Photography

In view of the above-mentioned one position of Imam Malik, there is no question with regard to the permissibility of taking photographs, for according to that position, painting pictures of human or animal life on a paper or fabric is allowed, hence camera pictures would hold the same ruling.

However, in view of the mainstream and majority position of classical scholars, the question arises as to whether photos of humans and animals fall under the type of picture-making prohibited by the Messenger of Allah (Allah bless him and give him peace) in numerous Hadiths. Camera photos were not in existence when classical scholars were discussing the issue of picture-making, hence one will not find an express ruling regarding photography in their works. As such, it was left to contemporary scholars to determine whether photos held the same ruling as that of painting and drawing pictures.

Contemporary scholars have differed on this issue:

a) The position of the overwhelming majority of Indo-Pak and some Arab scholars is that photographs of human or animal life are not permissible for the very same reasons that paintings of these are not permissible. They state that the ruling on picture-making does not change by changing the tool with which the picture is produced. Whether an image is produced by painting it or using a camera, as long as it is an image of a human or animal, it will remain unlawful (haram).This is the position of Shaykh Mufti Taqi Usmani and most of my other teachers. It is, without doubt, the more precautious and arguably stronger opinion.

b) The second position on the issue, held by most Arab Scholars (from all four Madhabs) and some from the Indian Subcontinent, is that there is a difference between photos and the prohibited picture-making (taswir). Shaykh Muhammad Bakhit al-Muti’i of Egypt, a 2oth Century scholar known for his knowledge and piety, wrote a whole treatise titled al-Jawab al-Shafi fi Ibahat Surat al-Photography in support of this view of permissibility. His basic understanding is that the reason behind the prohibition of painting pictures (in the words of the Hadith) is challenging Allah in His Creating of living creatures. In camera photos, however, one does not produce an image through one’s own imagination; hence one is not challenging the Creating of Allah as such. It is merely a reflection of a living being already created by Allah Most High.

These are the two positions of contemporary scholars on the issue. There are great scholars of knowledge, wisdom and piety on both sides of the fence; hence, it would be wrong to criticize anyone for following any one of these positions. It is a matter of genuine and valid difference of opinion. It is not an issue where one may condemn another, and one must respect others’ right to follow their conscience.

As you have asked about my personal stance, firstly I am by no means in a position of having a ‘personal’ opinion as such. I follow my teachers and learn from them. I have teachers in the UK and the Subcontinent who prohibit photos, but I also have teachers in the Arab world permitting them. The position which I follow is that of my teachers who prohibit taking photos, for that is a more precautious and safe position. However, I have complete respect for the position (and practice) of those who permit taking photos.

As such, my practice is that I do not willingly pose for a photo unless there is a genuine need like for a passport or something similar. If I am asked, I politely refuse. At the same time, if someone is taking photos and I am also in attendance going about my own business, I do not go out of my way to prevent him taking my photo. Thus, if you did come across a photo of mine, it is probably because I may have been present in a place where photos were being taken. The recent photo of mine you have referred to was taken in the same context. I had knowledge that photos were being taken and that I may appear in one, but I did not willingly pose for a photo. I hope that makes sense!

3) Live Broadcasting

Shaykh Mufti Taqi Usmani (may Allah preserve him) and many other scholars have declared that live broadcastings of images do not fall within the ambit of picture-making (taswir). A picture is something that is permanent and static, whilst the image broadcasted live is not permanent hence cannot be termed a picture. A live broadcast is in reality a reflection of the actual image, similar to seeing an image in a mirror.

Therefore, if an image of a human or animal is broadcasted live, then this does not fall into the unlawful picture-making. It will be permitted to broadcast something live or view a live programme, provided the content of the programme is lawful (halal). (Taqrir Tirmidhi, 2/351)

4) Video Recording

According to Shaykh Taqi Usmani, that which is recorded in a videotape or DVD is also not considered a picture. In a videotape, the particles of an image are gathered and then re-opened in the same order to view the image. This is the reason why it is not possible to see the picture in the rail of the tape without playing it. (ibid)

Therefore, if a permitted and Halal event, such as a lecture of a scholar, is played and viewed on a videotape or DVD, it will be permitted, Insha Allah.

Note that the above discussion does not in any way relate to watching Television. Watching TV and keeping it at home is another matter altogether, for which a separate answer is needed. The many harms and evils of keeping a TV at home are known to all. This answer only relates to the permissibility of viewing a Halal image through a live broadcast or a videotape/DVD.

Shaykh Taqi Usmani (may Allah preserve him) sums this up in one of his Fatawa:

“The images appearing on live programs or recorded programs on television are not the pictures in the strict sense envisaged in the Ahadith of the Holy Prophet (Sall-Allahu alayhi wa sallam) unless they are printed in a durable form on paper or on any other object. But the basic reason why Muslims are advised not to keep TV sets in their homes is that most of the programs broadcast on the TV channels contain impermissible elements.” (Taken from the al-Balagh website, http://www.albalagh.net/qa/video_chips.shtml)

And Allah knows best



Muhammad ibn Adam
Darul Iftaa
Leicester , UK

[student786]

Video Chips

By Mufti Taqi Usmani


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Q.) What do the Ulema of Islam say of the following:
1) Is Television Permissible in Islam. Also from the aspect of Photography. Is it Halal?

2) Zaid works in a firm that sometimes develop micro-chips that are used to enhance the quality of images developed using the 'red,' 'blue,' green,' color signals. Zaid's work is involved only is developing the circuits that mix these three colors to develop good quality image on the TV sets. Zaid's chip is not making the picture, it takes whatever is inputted and generates an enhanced quality color. If the input is of a living being then Zaid's chip will output that. If the input is of non-living then Zaid's chip will output an enhanced image of that. Zaid's company sells these chips to TV manufactures who connects Zaid's chips in their system which enhances the image quality on the TV set.

Is the income generated from Zaids employment halaal or not if portion of the income his employer generates is from selling these chips to TV manufacturers?

Please guide.

Abdullah Ahmed


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A.) The images appearing on live programs or recorded programs on television are not the pictures in the strict sense envisaged in the Ahadith of the Holy Prophet, Sall-Allahu alayhi wa sallam, unless they are printed in a durable form on paper or on any other object. But the basic reason why Muslims are advised not to keep TV sets in their homes is that most of the programs broadcast on the TV channels contain impermissible elements.

Since these microchips can be used for both permissible and impermissible purposes their sale cannot be held as Haram. It depends on the user how he uses it. Therefore, the income derived through the sale of these microchips to the TV manufacturers cannot be held as impermissible

[farook]

Dear brother student786, Assalaamoalaikum,

Discussing the issue of paintings, photos etc.. requires knowledge of the reason(s) why the Holy Messenger (SAW) prohibited paintings etc.

One such reason is provided in the answer by Shayk Muhammad ibn Adam

His basic understanding is that the reason behind the prohibition of painting pictures (in the words of the Hadith) is challenging Allah in His Creating of living creatures.

There are other reasons that may be deduced from the following:

1. Imagine the situation today if we had a drawing, painting or sculpture of the Holy Messenger (SAW). I leave it to your imagination .........

2. Imagine the infinite number of things one could do with digital recording, be it photos or movies. From this we can deduce the wisdom dictating the ruling on photos etc....

Whilst I personally agree to what has been said regarding Live Broadcasting, with due respect to the Shayks referred to, I have my own reservations given Video / digital recording for the very simple reason that photos may be printed from these - and, therefore, video / digital recording is a means to something not permitted.

Insh'Allah, I hope that above will motivate my brothers and sisters to delve deeply into the subject.

May Allah (SWT) guide us on the right path.

Brotherly yours
farook

[FususAlHikam]

Original question was asked in 2007. Now see what is going on in 2011 very close to our current time. Please watch this video of Kariwan e Aman:

http://www.youtube.com/watch?v=XszmO3v4B9E

First notice that from the begining of the video till 2 minutes and 18 seconds Mufti Taqi sahab (db) sits a little behind everyone and holds up a blue folder over his face only showing eyes, hes not reading anything.

Then please listen closely and attentively to his request from 2 minutes and 18 seconds before he begins his speech. He directs his introduction specifically to the news reporters and says clearly along the lines, "I dont like that my picture be in papers, you can publish my statement in the newspaper, I dont mind about that but as far as my picture is concerned I personally dont like that my picture is in the papers. This is my off the record my personal request to you all."

I am not saying this is his fatwa on the matter but certainly he makes it clear first by his action of hiding his face behind the folder and then verbally stating openly not to put his picture in the paper, that personally he doesnt like it.

[Talhah]

Original question was asked in 2007. Now see what is going on in 2011 very close to our current time. Please watch this video of Kariwan e Aman:

http://www.youtube.com/watch?v=XszmO3v4B9E

First notice that from the begining of the video till 2 minutes and 18 seconds Mufti Taqi sahab (db) sits a little behind everyone and holds up a blue folder over his face only showing eyes, hes not reading anything.

Then please listen closely and attentively to his request from 2 minutes and 18 seconds before he begins his speech. He directs his introduction specifically to the news reporters and says clearly along the lines, "I dont like that my picture be in papers, you can publish my statement in the newspaper, I dont mind about that but as far as my picture is concerned I personally dont like that my picture is in the papers. This is my off the record my personal request to you all."

I am not saying this is his fatwa on the matter but certainly he makes it clear first by his action of hiding his face behind the folder and then verbally stating openly not to put his picture in the paper, that personally he doesnt like it.

Jazakallah for bringing this to notice.

I didnt watch this video though, however, once i was listening to a Q&A session of his with Ulama in chennai (during his last visit of India). In the middle of that session, i heard him saying "Bhaai maen tasweer nahee khinchwaata!" (Brother, I don't allow myself being photographed).

[Hamood]

I am not saying this is his fatwa on the matter but certainly he makes it clear first by his action of hiding his face behind the folder and then verbally stating openly not to put his picture in the paper, that personally he doesnt like it.

Actually that is his fatwa that pictures on paper are not permissible. That is why he said what he said to the reporters to not publish his photo on the newspapers.

This thread is in reference to digital photography and videos which he allows and partakes in quite openly as evident from the video itself and other videos of his lectures.

I thought I'd clarify because these are two distinct issues not to be confused with each other.

[London786]

Yes, what happens is that Mufti saab gave a little leeway and then all sorts started happening. I have yet to hear of any proper deobandi believe that photos are halal (i.e. physical not digital). May ALLAH bless mufti saab ameen. His taqwa is very clear. I was impressed by an arab shaykh from halab who was not keen on having his picture on his website. May ALLAH bless the ulema e haq ameen.

[Abu.Hurairah]

Yes, what happens is that Mufti saab gave a little leeway and then all sorts started happening. I have yet to hear of any proper deobandi believe that photos are halal (i.e. physical not digital). May ALLAH bless mufti saab ameen. His taqwa is very clear. I was impressed by an arab shaykh from halab who was not keen on having his picture on his website. May ALLAH bless the ulema e haq ameen.

does Mufthi Sahib still maintain the view attributed to him (permissibility of live video and video recording) ?

[Talhah]

Actually that is his fatwa that pictures on paper are not permissible. That is why he said what he said to the reporters to not publish his photo on the newspapers.

This thread is in reference to digital photography and videos which he allows and partakes in quite openly as evident from the video itself and other videos of his lectures.

I thought I'd clarify because these are two distinct issues not to be confused with each other.

Jazakallah for clarifying this.

As i had not watched the video, I thought that Mufti Sahib was also avoiding the video cameras (out of caution).

Anyways, this shows that Mufti Sahib abides by what he believes is correct. Otherwise, people weak in faith, like me, usually get overwhelmed when encountered with high profile media and forgoe their original beliefs.

Yes, what happens is that Mufti saab gave a little leeway and then all sorts started happening. I have yet to hear of any proper deobandi believe that photos are halal (i.e. physical not digital). May ALLAH bless mufti saab ameen. His taqwa is very clear...

Truly said.

does Mufthi Sahib still maintain the view attributed to him (permissibility of live video and video recording) ?

I don't think that he has renounced his opinion yet.