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The Islamic ruling concerning pictures. *. * pictures of things that have soul (ruh), like pictures of human and animals.
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The Islamic ruling concerning pictures * *pictures of things that have soul (ruh), like pictures of human and animals
In this day and age, Pictures have become common and are being used by people in their daily life. Let us look at what the Ahadith have got to say about Pictures and we will then conclude with Fuqaaha’s (Jurist) verdict.
HADITH Narrated 'Abdullah bin 'Umar : Allah's Messenger*said, "Those who make these pictures will be punished on the Day of Resurrection, and it will be said to them. 'Make alive what you have created.'" (Bukhari Shareef) * صلى الله عليه و سلم
Narrated by Muslim We were with Masruq at the house of Yasar bin Numair. Masruq saw pictures on his terrace and said, "I heard 'Abdullah saying that he heard the Prophet saying, "The people who will receive the severest punishment from Allah will be the picture makers.'" (Bukhari Shareef)
'Abdullah reported Allah's Messenger as saying: Verily the most grievously tormented people on the Day of Resurrection would be the painters of pictures. (Muslim Shareef)
Abu Zur'a reported: I visited the house of Marwan in the company of Abu Huraira and he found pictures there. whereupon he said: I heard Allah's Messenger as saying Allah said, 'Who would be more unjust than the one who tries to create the like of My creatures? Let him create an atom or a grain of wheat or that of barley. (Bukhari Shareef)
The Prophet said, "Angels do not enter a house in which there is a dog or there are pictures." (Bukhari Shareef)
Narrated by Ibn 'Abbas: I heard Messenger of Allah saying, "Whoever makes a picture in this world will be asked to put life into it on the Day of Resurrection, but he will not be able to do so." (Bukhari Shareef)
Narrated Said bin Abu Al-Hasan: While I was with Ibn 'Abbas a man came and said, "O father of 'Abbas! My sustenance is from my manual profession and I make these pictures." Ibn 'Abbas said, "I will tell you only what I heard from Allah's Apostle . I heard him saying, 'Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.' " Hearing this, that man heaved a sigh and his face turned pale. Ibn 'Abbas said to him, "What a pity! If you insist on making pictures I advise you to make pictures of trees and any other unanimated objects." (Bukhari Shareef)
Abu Juhaifa narrated "Allah's Messenger prohibited taking money for blood, the price of a dog, and the earnings of a slave-girl by prostitution; he cursed her who tattoos and her who gets tattooed, the eater of Riba (usury), and the maker of pictures." (Bukhari Shareef)
Narrated 'Aisha: Allah's Messenger returned from a journey when I had placed a curtain of mine having pictures over (the door of) a chamber of mine. When Allah's Apostle saw it, he tore it and said, "The people who will receive the severest punishment on the Day of Resurrection will be those who try to make the like of Allah's creations." So we turned it (i.e., the curtain) into one or two cushions. (Bukhari Shareef)
Narrated 'Aisha : I purchased a cushion with pictures on it. The Prophet (came and) stood at the door but did not enter. I said (to him), "I repent to Allah for what (the guilt) I have done." He said, "What is this cushion?" I said, "It is for you to sit on and recline on." He said, "The makers of these pictures will be punished on the Day of Resurrection and it will be said to them, 'Make alive what you have created.' Moreover, the angels do not enter a house where there are pictures.'" (Bukhari Shareef)
A'isha reported that Jibra'eel made a promise with Allah's Messenger to come at a definite hour; that hour came but he did not visit him. And there was in his hand (in the hand of Allah's Apostle) a staff. He threw it from his hand and said: Never has Allah or His messengers (angels) ever broken their promise. Then he cast a glance (and by chance) found a puppy under his cot and said: 'A'isha, when did this dog enter here? She said: ‘By Allah, I don't know.’ He then commanded and it was turned out. Then Jibra'eel came and Allah's Messenger said to him: You promised me and I waited for you. but you did not come, whereupon he said: It was the dog in your house which prevented me (to come), for we (angels) do not enter a house in which there is a dog or a picture. (Muslim Shareef)
'A'isha reported: Umm Habiba and Umm Salma made a mention before the Messenger of Allah of a church which they had seen in Abyssinia and which had pictures in it. The Messenger of Allah said: When a pious person amongst them (among the religious groups) dies they build a place of worship on his grave, and then decorate it with such pictures. They would be the worst of creatures on the Day of judgment in the sight of Allah. (Muslim Shareef)
Abu'l-Hayyaj al-Asadi told that 'Ali ibn Abu Talib said to him: ‘Should I not send you on the same mission as Allah's Messenger sent me? Do not leave an image without obliterating it, or a high grave without leveling It.’ (Muslim Shareef)
Fuqaaha’s Mazhab Imam Nawawi in his ‘Sharah Muslim’ (Muslim hadith commentary) mentions that our scholars (Scholars of Shafi’ee Mazhab) and also other scholars have mentioned that pictures of things that have soul (ruh) on them are strictly haraam and to indulge in it is a big sin, because of which many various Ahaadith mention its punishments and warnings. This is also the verdict of Imam Abu Hanifa and Imam Sufyan Thauri. Allamah Aini also mentions this in ‘Umdatul Qari’ (Bukhari hadith commentary) (Volume 10 page 309). 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’ee & Hanbali) and also one of two positions related from Imam Malik.
Pictures that are printed on cloth or any other materials are also haraam. A'isha reported that Allah's Messenger came back from the journey and I had screened my door with a curtain having portraits of winged horses upon it. He commanded me and I pulled it away. A'isha reported that Allah's Messenger visited me. and I had a shelf with a thin cloth curtain hanging over it and on which there were portraits. No sooner did he see it , he tore it and the colour of his face underwent a change and he said: ‘A'isha, the most grievous torment from the Hand of Allah on the Day of Resurrection would be for those who imitate (Allah) in the act of His creation.’ A'isha said: ‘We tore it into pieces and made a cushion or two cushions out of that.’
Nowadays people are of the opinion that pictures were made haraam in the early stage of Islam, so that peoples’ minds will be clean from idols and its worship. Then when peoples’ hearts were firm in tauheed, the ruling of pictures being haraam was abrogated, hence it became lawful. But this is wrong, because from Sahabahs’ life stories, we learn that they too prohibited pictures and refrained from entering any places which contain pictures. Hence the ruling of pictures being haraam is not abrogated, it is still haraam till today. And we cannot find any hadith that states that this ruling has been abrogated. We also know from Hadith that to draw picture is to imitate Allah’s creation, then how can this ruling be abrogated?
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 in numerous ahaadith. 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.
The position of the overwhelming majority of Scholars from the Indian continent and a large number of 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.
An Arab Scholar, Sheikh Mustafa Alhamamy mentions in his book, Annuhdatul Islaahiya, my liking is such that full belief should be kept that photographs and pictures are the same, hence it is haram for a Mu’min to use such instruments (e.g. camera) for picture taking purposes. And it is also haram for a Mu’min to allow others to take one’s picture, as this will be considered as assisting him in picture taking. In this present day and time, there is a Scholar who says that photography is not haram in Shariat because pictures that are prohibited in Shariat involves the use of hand, whereas using camera to take pictures does not involve the use of hand. But the claim of this Scholar is wrong. In my view, the example of using a camera is like a person feeding someone with poison, then he claims that it is the poison that killed that person and not him.
Another Arab Scholar, Sheikh Muhammad Ali Saabuni mentions in his book, Hukmul Islam fit tasweer, that photography is also a type of picture making, for this reason, sometimes photographs are also called pictures and photographers are known as picture takers. Even though Qur’an and Hadith do not mention (directly) about photography, and photography being not work of hand, still we cannot rule that photographs are not a type of pictures. So due to this, photography should only be allowed in dire needs.
Sheikh Doctor Muhammad Saeed Ramadan Albooti mentions in his book, Fiqhus Seera, that due to the words of Hadith being general, it is not possible to draw a line between the different types of pictures, hence there are no differences between pictures drawn by hand and pictures taken from a camera. In reality, there is no foundation in the differences between photography and picture making. In Shariat, whatever is haram will remain haram even if there is a change of tools. For example, alcohol is haram regardless of whether it is made by hand (as made in Prophet’s time) or by machine (as being made in modern times), killing is haram whether done by knife or by gun. Likewise in pictures, Shariat has prohibited making and keeping of pictures, thereby there should not be any differences between pictures made by hand and photographs taken from a camera (or any other instrument, tool).
What about taking pictures when in necessary, like the use in passports, visas, identity cards, etc?
The Jurists have taken into consideration situations of dire need, hence the famous principle of Fiqh applies here also, الضرورات تبيح المحظورات “ Necessities permit the prohibited ”
Imam Muhammad (prominent student of Imam Abu Hanifa) mentions that there is no harm (sin) in using weapons that have pictures on them, in the time of necessity. Imam Sarkhsi (Hanafi Scholar) elaborates that the rule of (picture-taking being) haram is excepted in the time of need, just like in the time of need, dead (haram) animals become halal to eat. He further adds on that verily Muslims buy & sell using money (notes & coins) that have pictures of kings, queens, etc on them. There is no harm in using these monies. There is also no harm in one’s prayer if he keeps the money (that has pictures) with him while praying.
CONCLUSION Drawing / keeping of picture of humans & animals is haram. Taking picture of humans & animals using camera, video camera, etc is haram Taking picture for passport, visa, etc purposes is allowed. Drawing / taking picture of nature & non-living things is allowed. One must refrain from entering any places which contain pictures of humans & animals. E.g. Museum.