The chief of the Contemporary Jurisprudence Institute said: The benefit of art is to transform the seducing souls into the assured ones. The interference of time and place in texts related to art jurisprudence is very serious. Some issues today reduce the jurisprudence of art to the likes of looking at the non-mahram.

Today, deep questions are raised in the fields of film and cinema as one of the examples of art, which requires special investigation. Today, the questions are not only to the extent of whether it is possible to show a woman’s face or a woman’s clothing in a way that does not conform to Shari’ah standards or not? For example, a man can make up a woman and vice versa or not? The questions are beyond these. These challenges should be investigated in art jurisprudence and philosophy of art jurisprudence.

 

Exclusive interview of Ijtihad Network: New jurists seem to experience an increasing growth in the last two decades. Scholars of jurisprudence have almost reached an unwritten agreement that they should answer the problems of today’s mankind from the perspective of jurisprudence. One of the most important things that is necessary for the formation of a new branch of jurisprudence and the possibility of solving its problems is the creation of specific jurisprudential rules for that knowledge. Regarding the specific rules of art jurisprudence, we talked with professor Sayyid Mujtaba Nurmufidi, the chief of the contemporary jurisprudence research institute. The professor of the field of jurisprudence and practical principles of Qum explained more about art and the precise definition of art jurisprudence. Of course, at the end, he expressed some points about the specific rules of art jurisprudence and the general approach to these rules in solving art jurisprudence issues. The details of Ijtihad Network’s exclusive conversation with Professor Normfidi are as follows:

 

Ijtihad: What is art jurisprudence and how is it different from similar jurisprudence, such as media jurisprudence, just communication and virtual space jurisprudence?

 

Ayatullah Nurmufidi: To define art jurisprudence, we must first know art itself. The definition of jurisprudence that is known; But art is a concept that there is a wide difference about this concept and it is one of the concepts that may be easy to define. From those who have defined art as an inner state and description or a knowledge and science or a work created by humans, there are those who have considered the difference in its being purposeful or non-purposeful; That is, there are differences in the category of art from several dimensions. Some consider art a science. Some consider art to be a sensual state. Some think of art as an action that comes from humans; Therefore, the definition of art jurisprudence will have different results based on different definitions of art. If we said that art is of the nature of knowledge, then there is no room for discussion that the jurisprudence of art, as a jurisprudence that shows the ruling of the behavior of the obligees in different fields, can it try to express the ruling of an aspect of humanity that is in the field of knowledge and knowledge or not? Therefore, it should be seen whether it is possible to adopt a position regarding the self of knowledge or not?

Or, for example, if we consider art to be an internal state, can jurisprudence basically have a position on juvenile actions or is it only related to juvenile actions? Therefore, with the difference in the definition of art, it is difficult to define the jurisprudence of art precisely, unless we take a common value from these definitions or focus on one of the tools and works of art and agree and then define the jurisprudence of art. In addition, modern art is fundamentally different from traditional and original art. The principle of this issue cannot be denied that art is the co-born of human beings and humans naturally love beauty, and God Almighty has confirmed this: “Allah is beautiful and loves beauty.” to remember himself to be the most beautiful; Now, in the form of poetry or music or some prose, or painting or making sculptures, we have not said anything extravagant. This is a matter that has a very long history and therefore it is a common human. Even now, when archaeologists talk about the search related to ancient times, it may not be a case that they do not find an art work in addition to the discovery of a work related to humans and human life in the past, such as artistic dimensions in clothes and coverings, utensils and ornaments.

 

It can be said that in the new world, modern art has become different and has found special branches and a certain color and smell can be seen in it. For example, some Western scientists emphasized that art is basically something that is completely devoid of religious and moral purposes; It means the same theory of art for art that some believe. When this word is placed next to Ibn Sina’s words in the references, which says that the benefit of art is to transform the soul into a confident one, and art is something that makes human imaginations move towards divine imaginations and come out of carnal illusions, then it is clear. It is possible that there is a long distance between these two views.

 

From the viewpoint of Islamic thinkers, we see more than this; That is, certain orientations that can indicate a characteristic or description for art. The purpose of pointing out this matter was that in defining art, we are faced with a wide range of views and ideas, and if we want to define the jurisprudence of art based on this difference of opinion, we must also define the jurisprudence of art in parallel with the definitions that have been made for art. But regardless of this point that I mentioned and regardless of whether art should be known through the expression of conceptual components or through its accessories and works or a combination of the two, in any case, in order to be able to determine the position of jurisprudence in this regard, l assume that art is a manifestation of the inner states of human beings, which appears as an action.

 

According to these preliminaries and the differences that exist, if l want to give a brief definition to the extent of describing the name in such a way that a distinction is made between this jurisprudence and other additional jurisprudences, then l must say that the jurisprudence of art consists of rulings related to every act of the obligees and their actions which is somehow related to a relatively extraordinary and beautiful and perhaps unusual work. Because art in its essence has this beautiful aspect, even if it is claimed,it cannot be denied that a work of art is a work that the obligee creates in the form of words or actions with or without tools. This is somehow different from people’s words, behavior and normal actions. If he says a poem, it naturally has beauty, even though beauty has levels. Creating music or making sculptures and other branches of art that have been created in the new world also all have a kind of beauty.

 

In any case, l want to know what ruling these works and actions have in different dimensions from the point of view of jurisprudence and from the position of Shari’ah, which shows the rules of behavior of the obligees. Of course, with this definition, art jurisprudence is completely distinguished from other additional jurisprudences that were stated in the question. If l consider art in a general sense, it may show itself in wearing a dress; That is, if someone shows a special taste in wearing clothes, l do not say that he has created a work of art. You may have a special taste in media jurisprudence, in the field of communication or in the virtual space, and use this tool. This is art in the general sense.

 

For example, someone in the media may use a certain taste to be more effective, either in advertising or in telling the news or introducing a book and the like, which naturally attracts a larger audience. A teacher who teaches in the classroom may be attractive in his classroom style or a speaker’s speech style will captivate the audience; Therefore, art can be included in all aspects of human life, but when l talk about art, art has a special meaning and the term art means that the person who created a work is known as the creator of that work of art and is called an artist. Therefore, a teacher who conducts classes in an attractive manner is not called an artist. Although they may say that it conveys the content artistically; But they don’t call him an artist; Therefore, the jurisprudence of art is completely different from some of the aforementioned additional jurisprudences, and art itself can naturally be present in all these human activities and actions.

 

Of course, art in a general sense can also be the subject of jurisprudential investigations; But in this question, the meaning is art in a special sense. The general meaning that was mentioned, although it is used in other areas, cannot be the meaning of the question.

 

It is important to pay attention to the fact that art jurisprudence itself, even though I tried to give a brief definition of it; However, there are many ambiguities in terms of thematics, and in order for us to properly pay attention to the category of art as an adjunct of jurisprudence, in the first step, l must try to resolve many of these ambiguities that exist in this issue.

 

When it comes to the jurisprudence of art, the first thing that comes to the mind of a researcher in the field of jurisprudence is to search for its background in jurisprudence books, in terms of topics, questions and issues. to see the evidence and examine issues such as soulful or non-soulful paintings and pictures and the issue of wealth and music and musical instruments. Then l come to the issue of representation, which has been raised in a simple form in the past, in the form of issues such as the resemblance of men to women and vice versa, or the issue of mixing; But the category of art has become completely different from the past, even in these subjects that have a history. For example, music and singing have really changed. The questions that are raised in these cases have become completely different. To adjust the network of issues based on the jurisprudence of art in different dimensions, it is not very productive to just settle for the same simple questions that have been raised in the past and try to answer new issues from the same. The type of writings and issues that are raised in relation to art are simple by approaching the same questions of the past; Whereas, if a serious work is to be done in the field of art jurisprudence, first of all, it seems necessary to demystify art and its various branches, to know the issues and to enumerate the questions.

 

Today, deep questions are raised in the fields of film and cinema as one of the examples of art, which requires special investigation. Today, the questions are not only to the extent of whether it is possible to show a woman’s face or a woman’s clothing in a way that does not conform to Shari’ah standards or not? For example, a man can make up a woman and vice versa or not? The questions are beyond these. These challenges should be investigated in art jurisprudence and philosophy of art jurisprudence.

 

Ijtihad: Mention some examples of new questions and challenges in art jurisprudence.

 

Ayatullah Nurmufidi: The art of cinema is very important and the right of this art requires that when it shows the life of a husband and wife inside the house, naturally the wife should not wear hijab in front of the husband or there should be a special emotional relationship between them.Or in order for a show or a movie or story to be effective, l have to show some dimensions of a negative character, some of which may be illegal or immoral. Is such a thing permissible in jurisprudence?

 

This question is beyond the simple questions of the past. The expression of this example was because the issues faced by artists are far beyond the past and need more dialogue and understanding and a common understanding of the issues in order to be fruitful. I do not mean that the path of human life goes in any direction and we should passively move in the same direction; Because in this case, after some time, there will be no traces of jurisprudence and Shari’ah rulings; Rather, what I mean is that there should be a mutual understanding and specialized issues should be fully known and not be entered into these issues with a simple view.

 

In art jurisprudence, these issues should be considered.

 

Ijtihad: What are the specific rules of art jurisprudence? Name how many rules.

 

Ayatullah Nurmufidi: In the field of jurisprudence, our hands are not empty to use rules in the field of art jurisprudence. My opinion is that our proofs, Qur’an verses and traditions, if reread and revised, will help us a lot. I sometimes feel that some people insist in their talks and writings that we should only go to the rules. Yes, the rules can be used in many cases. Rules such as the prohibition of contribution to the sin or the rule of nafi al-sabil or the rule of ilzam (obligation) and the like are rules whose effectiveness is prominent in all muzaf jurisprudence; However, generalities, applications, and special arguments that have been invoked to respect some of the artistic aspects should not be neglected.

 

For example, in the discussion of wealth or music or sculpture and painting, the late Shaykh is exposed to some opinions such as the opinion of Muhaqqiq Sabzevari, who says that it is not unlikely that we can transfer them to a specific issue that was at that time.Therefore, these evidences mostly refer to the funds that were used at that time. Or the late Imam himself, in the discussion of sculpting, says that the prohibition of this issue was due to the fact that at that time, statues were worshiped. Paying attention to the fact that the evidence was issued at that time and considering those conditions can be very helpful for us. I don’t want to say that every reason that prohibited an artwork was necessarily related to that time; But we have to review and re-read the evidence from this point of view and review the issues in the new conditions, and finally these issues have not changed even in appearance; But it is placed in complex equations; Therefore, the interference of time and place in ijtihad is a very important issue that some people look at this issue superficially. But the issue is deeper than these; But in my opinion, the evidence we have is really verifiable and can help us a lot along with jurisprudence rules.