Lecturer of Khrij stage in Fiqh and Principles of Jurisprudence at the Qom Seminary
Abstract
The current article first addresses the necessity of a different look at the concept of art which has moved away from a merely decorative purpose to involve one of the necessities of today’s social life. Then, through incorporating the fiqh of art into social jurisprudence (not individual jurisprudence) considers the themes and criteria of this part of fiqh to be different from those of fiqh e Ta’abodi (associated with the intention of getting closer to Allah), illustrating that since a major part of social jurisprudence is non-Ta’abodi, the criteria of its judgment should be extracted and reviewed accordingly. It is shown that some issues in traditions are not decisively ruled out in religion and are classified as “beyond”-mafoq- which are relevant; and ghena, music and sculpture are in the same category accordingly. In other words, ghena, and sculpture are prohibited (haram) if they are classified, and they are not prohibited (haram) by themselves. Likewise, flute, oud, mizmārand other musical instruments are forbidden (haram) if they fall into group of alat e lahv (unpermissible enjoyment and entertainment instruments), otherwise they are not prohibited.
Following the above discussion, the main goal is to expand and analyze “the method of Ijtihad in fiqh of art”. This study first presents the necessity of faqih’s view towards art as a requirement and examines the existing criteria in fiqh of art. Then, a discussion is presented on some independent or dependent subjects. Furthermore, due to several purposes, an artwork may be associated and deal with humor and wit, therefore fiqih should take these matters into consideration and issue rules accordingly.
Theology of Art