1
Professor at the Research Institute for Islamic Culture and Thought.
2
Assistant Professor at Kharazmi University.
Abstract
The expression of an artistic creation or work does not itself have an independent legal status, and for its legal analysis, it is necessary to determine its legal standing through an analysis of artistic activity. The substantive analysis of artistic activity is a philosophical inquiry, which is addressed in the first part of this article. In this section, several possibilities are proposed. Furthermore, identifying the general legal categories under which artistic activity may fall will assist in determining its legal ruling. In this regard, three categories—"expression," "participation in cultural life," and "creative activity"—each with different natures, are capable of encompassing artistic activity. Based on these three categories, the legal ruling and its type can be examined. Given the principle of freedom in all three—and, of course, the differences in their nature—their limitations must also be based on precise criteria, and notwithstanding exceptions, the means by which such exceptions may be lifted should also be considered. This article endeavors to provide a matrix or preparatory model for the various possible approaches aimed at determining the legal ruling concerning the freedom of artistic creation and its limits.
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Theology of Art