The Jurisprudence Studies on Art and The Constitution of the Islamic Republic of Iran: Exploring Aspects in Cinema and Music

The right to 'freedom of artistic expression' is accepted across all forms of art and is a key issue in the jurisprudence studies on art. According to constitutional law, rights are primarily derived from legal sources. However, there is also a religious system that incorporates the jurisprudence studies on art. Despite variations in religious principles and their details about different art forms, the jurisprudence studies on art plays a dominate role as either a catalyst for freedom of artistic expression or a set of restrictions and boundaries. Thus, this article indicates that the diverse interpretations of Islamic law in Iran and what is officially recognized and must be protected is determined by the jurists of the Guardian Council from Islamic principles defined in the Constitution of the Islamic Republic of Iran. Consequently, in studying the relevant issues, the Islamic jurisprudence based on the Constitution should be considered as the standard for evaluation rather than the Islamic jurisprudence based on external works and sources. Additionally, art is a significant subject in Islamic jurisprudence of the Constitution and is specifically addressed and emphasized in principles 24, 25, and 28 of the Constitution of the Islamic Republic of Iran. These principles aim to create new and broader avenues in the realm of Islamic art and artistic works, while also strengthening their rights and freedoms. They demonstrate the power of choice for artists. Therefore, the perspective of the Islamic jurisprudence studies on art should not restrict the freedom of artistic expression, which contradicts the principles of Islam outlined in the Constitution. Instead, it should employ elements that foster the progression and development of art, guaranteeing its freedom while addressing prohibitions and restrictions.