Question and answer on photographs/pictures/videos (detailed)

Question and answer on photographs/pictures/videos (detailed)

As-salaamu a’laykum warohmotullohi wabarokatuhu.
Please sir, it is something everyone knows that picture taking and pictures in general is harām in Islām, however how do we explain the pictures of the Mujāhideen brothers/scholars of haqq that is usually shared among brothers…?
And also, what is the Sharia’h ruling as regards video…?
Jazaakumullohu khoyron sir…

Answer:
Wa’alaykumu salaam warahmatullohi wabarakaatuh.

Just as you rightly said, picture taking and pictures in general are harām in Islām.

It is important to note that this issue is from the مسائل الاجتهادية (Masaail Al-Ijtihaadiyyah) and one in which contemporary scholars have differed heavily.
The actual wording from the various hadith prohibiting the taking of pictures is “صورة” meaning “picture, image, illustrations and so on”. These hadith are authentic, agreed upon and mutawaatir.

The bone of contention however is that scholars differed in interpretation of the meaning of Surah as used in the various hadith, the difference is on the level of generalization of the hadith and what and what constitues the forbidden “surah”.

The issue of pictures is therefore one of the most differed upon subjects among contemporary scholars.

The major opinions are as follows:

1. Those who generalised the hadith and condemned any form of pictures, such as Sheikh Nasir Al-Fahad (may Allah preserve him); this opinion is wrong.

2. Those who permitted all forms of pictures excluding statues and hard copies (whatever has shadow) ; this opinion is also wrong.

3. Those who separate between certain forms of pictures from others while giving different rulings.
These are of various categories, I will only mention the correct opinion adopted by Al-Imam Turki bn Mubarak Al-Benali (may Allah have mercy upon him):

ﺃﻧﺎ ﻓﻲ ﻫﺬﺍ ﻋﻠﻰ ﻣﺬﻫﺐ ﻣﻦ ﻳﺮﻯ ﺃﻥ ﻫﺬﻩ ﻟﻴﺴﺖ ﻣﻦ ﺍﻟﺼﻮﺭ ﺍﻟﻤﺤﺮﻣﺔ ﺷﺮﻋﺎ ، ﻭﺍﻟﺘﻲ ﻭﺭﺩ ﺍﻟﻨﻬﻲ ﻋﻨﻬﺎ ﻓﻲ ﺍﻷﺣﺎﺩﻳﺚ؛ ﺑﻞ ﻫﻲ ﺻﻮﺭﺓ ﺣﻘﻴﻘﻴﺔ ﻭﻇﻞ ﻣﻄﺎﺑﻖ ﻟﺼﺎﺣﺒﻬﺎ ﺗﻤﺎﻣﺎ ﻛﺎﻟﺬﻱ ﻳﻈﻬﺮ ﻓﻲ ﺍﻟﻤﺮﺁﺓ ، ﻭﻟﻴﺴﺖ ﺻﻮﺭﺓ ﻣﺨﺘﺮﻋﺔ ﻳﻀﺎﻫﻰ ﺑﻬﺎ ﺧﻠﻖ ﺍﻟﻠﻪ ” . ﺍﻫـ ﻭﺍﻟﻠﻪ ﺃﻋﻠﻢ .
[مجموع فتاوى أبي همام]

I, as regards this (photographic pictures) am on the opinion that it is not part of the forbidden pictures in the Shariah and that which some hadith were narrated to prohibit; rather it (photographic images) is a real image and a complete shadow of the owner just like the image that appears on a mirror, it is therefore not an invented or created image which imitates the creation of Allah.
[Majmu’ fataawa Abi Humam]

The summary of this opinion is that:

1. Statues, moulded images of living things excluding plants are haram.

2. Hand drawn pictures of living things excluding plants be it 2D/3D are also haram.

3. Computer generated pictures of living things excluding plants be it 2D/3D are also haram.

4. Moulding, drawing and computer generation of lifeless objects or plants are generally permissible due to the hadith:

عن عبد الله بن عباس رضي الله عنه قال: ﺳﻤﻌﺖ ﺭﺳﻮﻝ ﺍﻟﻠﻪ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻳﻘﻮﻝ:
ﻛﻞ ﻣﺼﻮﺭ ﻓﻲ ﺍﻟﻨﺎﺭ ﻳﺠﻌﻞ ﻟﻪ ﺑﻜﻞ ﺻﻮﺭﺓ ﺻﻮﺭﻫﺎ ﻧﻔﺴﺎ ﻓﺘﻌﺬﺑﻪ ﻓﻲ ﺟﻬﻨﻢ ‏) وقال: “ﺇﻥ ﻛﻨﺖ ﻻﺑﺪ ﻓﺎﻋﻼ ﻓﺎﺻﻨﻊ ﺍﻟﺸﺠﺮ ﻭﻣﺎ ﻻ ﻧﻔﺲ ﻟﻪ”
[متفق عليه]
On the authority of Abdullah bn Abbass, I heard the messenger of Allah peace and blessings of Allah be upon him saying:
Every image maker shall be in the fire, a soul shall be made from each of the images he created, and these souls will punish him in the Jahanam” and he said: if you will have to do it, create trees and that which has no life.
[Bukhari and Muslim]

5. Photographs (i.e. pictures taken with cameras) are generally permissible as they neither fall under image creation nor do they fall under imitating the creation of Allah as explained by the Imam above.

The pieces of evidence for this are:

A. Evidence 1:
Ijma’ on the permissibility of usage of mirrors.

Photographic pictures do not create images but only display the original images on a substrate just like mirrors, so, the process of photography is to display the original creation of Allah on a surface (substrate) and not to create a similar image just as mirrors do not do that as well.

B. Evidence 2:

عن عائشة رضي الله عنها قالت: … ﻓَﻘﺎﻝَ ﺭَﺳﻮﻝُ ﺍﻟﻠَّﻪِ ﺻَﻠَّﻰ ﺍﻟﻠﻪُ ﻋﻠﻴﻪ ﻭﺳﻠَّﻢَ : ﺇﻥَّ ﺃﺻْﺤَﺎﺏَ ﻫﺬِﻩ ﺍﻟﺼُّﻮَﺭِ ﻳَﻮﻡَ ﺍﻟﻘِﻴَﺎﻣَﺔِ ﻳُﻌَﺬَّﺑُﻮﻥَ، ﻓﻴُﻘَﺎﻝُ ﻟﻬﻢْ ﺃﺣْﻴُﻮﺍ ﻣﺎ ﺧَﻠَﻘْﺘُﻢْ.
[رواه البخاري]
On the authority of Aishah (may Allah be pleased with her): … so, the messenger of Allah peace and blessings be upon him said: Verily, the owners of these pictures would be punished on the day of resurrection and it shall be said to them ‘give life to what you created’.
[Bukhari]

The point of evidence here is that “it shall be said to them ‘give life to what you created”; will this apply to the one who used a mirror? Definitely no, then the one who produced a photographic image did not create a new being but displayed it or caused it to be displayed on a surface.

C. Evidence 3:

عن ﻋﺎﺋﺸﺔ ﺭﺿﻲ ﺍﻟﻠﻪ ﻋﻨﻬﺎ ﻋﻦ ﺭﺳﻮﻝ ﺍﻟﻠﻪ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﺃﻧﻪ ﻗﺎﻝ: (ﺃﺷﺪ ﺍﻟﻨﺎﺱ ﻋﺬﺍﺑﺎً ﻳﻮﻡ ﺍﻟﻘﻴﺎﻣﺔ ﺍﻟﺬﻳﻦ ﻳﻀﺎﻫﺌﻮﻥ ﺑﺨﻠﻖ ﺍﻟﻠﻪ‏)
‏[ﻣﺘﻔﻖ ﻋﻠﻴﻪ‏]

On the authority of Aishah (may Allah be pleased with her): the messenger of Allah peace and blessings be upon him said:
The most punished people on the day of resurrection are those who imitate the creation of Allah.
[Bukhari and Muslim].

The point of evidence here is that the reason for punishment is “imitation of the creation of Allah” and this is not present in photographic images.

6. Mutilated images (even from the ones that are haram to make) are permissible to keep and use. The maker commits a major sin but the user can use it after mutilating it, such as cutting the head, smashing the face, cutting the belly while sparing the head etc.

Evidence:
عن ﺃﻡ ﺍﻟﻤﺆﻣﻨﻴﻦ ﻋﺎﺋﺸﺔ ﺭﺿﻲ ﺍﻟﻠﻪ ﻋﻨﻬﺎ : ﺩﺧﻞ ﻋﻠﻲّ ﺭﺳﻮﻝ ﺍﻟﻠﻪ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻭﺃﻧﺎ ﻣﺴﺘﺘﺮﺓ ﺑﻘﺮﺍﻡ ﻓﻴﻪ ﺻﻮﺭﺓ، ﻓﺘﻠﻮﻥ ﻭﺟﻬﻪ ﺛﻢ ﺗﻨﺎﻭﻝ ﺍﻟﺴﺘﺮ ﻓﻬﺘﻜﻪ، ﺛﻢ ﻗﺎﻝ: ‏( ﺇﻥ ﻣﻦ ﺃﺷﺪ ﺍﻟﻨﺎﺱ ﻋﺬﺍﺑﺎً ﻳﻮﻡ ﺍﻟﻘﻴﺎﻣﺔ ﺍﻟﺬﻳﻦ ﻳُﺸﺒِّﻬﻮﻥ ﺧﻠﻖ ﺍﻟﻠﻪ‏). ﻗﺎﻟﺖ ﻋﺎﺋﺸﺔ: ﻓﻘﻄﻌﺘﻪ ﻓﺠﻌﻠﺖ ﻣﻨﻪ ﻭﺳﺎﺩﺗﻴﻦ، ﻓﻜﺎﻥ ﺍﻟﻨﺒﻲ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﻳﺮﺗﻔﻖ ﺑﻬﻤﺎ. ‏
[ﺭﻭﺍﻩ ﻣﺴﻠﻢ‏]
On the authority of the mother of the believers, Aishah may Allah be pleased with her she said: the messenger of Allah (peace and blessings be upon him) entered upon me while I covered my self with a blanket on which there was a drawing, his face changed and then he collected the blanket and tore it and he said: “verily the most punished people on the day of resurrection are those who imitate the creation of Allah” Aishah said: I therefore made from it two pillows and the messenger of Allah solla llohu alayhi wasallam used to use it (the pillows).
[Sahih Muslim]

7. Photographic pictures become haram when they are edited on computers and given features not present on the being.
It translates to creation of images and imitation of the creation of Allah.

Eg. Those who edit pictures and give beards to Trump or similar actions

8. Using photographic pictures as profile pictures and display pictures on WhatsApp or websites etc. Based on the opinion of Al-Imam Turki Al-Benali, it is also haram as it falls under excessive veneration of personalities or ones self.

This therefore goes to the brothers who use pictures of scholars as DP or those of Mujahidun to take heed and desist from such.

From the above, it becomes clear that videos of the creations of Allah are generally permissible and it will only become haram if it is made of created characters with full face features, or edited pictures of people or living things.

Having said the above from the fiqh of the people of tawheed, I say Sheikh Ibn Uthaymeen is among the scholars who consider photographic pictures to be generally permissible in analogy to the mirror just like majority of contemporary scholars.

9. As for Madkhalis who may attack the Mujahideen for producing videos, we say it is part of their major ignorance since their kings are the ones guilty of the forbidden forms of this issue and even the founders of their school of thought permitted videos generally and some permitted photographic pictures as well. Examples are:
1. Rabee Madkhali (video only)
2. Saalih Al-Munajjid (video and pictures)
3. Muhammad bn Saalih Uthaymeen (video and pictures)
4. Al-Albani of Syria (video only)
5. Mashoor Hasan Al-Salman (video and pictures)
6. Saalih Fawzan (video only)

And many others …

Although I personally consider it to be a laughable ignorance for someone to permit shooting of videos while not permitting shooting of pictures because in shooting a video you are actually shooting between 100-1000 pictures per second. The Sheikh of the Mujahideen, Naasir Al-Fahad (may Allah preserve him) said to him pictures and videos are both the same and haram, that points to his in depth fiqh and comprehension.

10. Printing photographic pictures, hanging them on walls and similar things are also haram as they are similar to point 8 above and also a mean to Shirk which must be blocked.
If at all, there is need for photographic images they should be kept in soft copies, fluid, unstable and moving just like mirror images.

Allah knows best.

Abutawheed Custodian of the Qur’an and Sunnah