Ruling on Taking Photos

[mizbah]

Assalamalaykkum brothers,

What is the correct ruling regarding taking photos (not for necessay matters like passport, identity etc) ???

rgds

[Abu Ilyas]

As Salaamualaikum,

The issue of photographic images requires excercising ijtihad as there is obviously no direct textual evidence on the subject - the technology has only existed since the 1820's.

Some scholars have used the various ahadith on the subject of the prohibition of image making. They regarded the photograph to be the same or similarly analogous to the image making as described in the hadith literature and accordingly ruled that photography of certain beings mentioned in those hadith was likewise prohibited.

See www.islamqa.com (http://www.islamqa.com) for a discussion of these hadeeth.

Other Scholars did not regard photography to be the same as or anologous to the prohbited image making prohibited by hadith.They pointed out that photography simply captures the already created being, much like a mirror, it does not try to copy the image or make its own image in the photo, it just reflects it.

Some of these scholars argue that the reason for prohibition of making images by the prophet was due to the fact that the image maker was competing or trying to imitate the perfect creation of Allah, as is mentioned explicitly in at least one hadeeth. This is not what a photograph does, as we said it doesnt try to imitate but simply reflect a living being and therefore according to these scholars the reason for prohibition does not exist in the case of photographs.

See Dr. Yusuf al Qaradawis book 'The lawful and Prohibited in In Islam' for more on this second view.

I hope that helps

Was Salaam

AI

[gag order]

image making or image capturing?

a camera is an optical device that captures images via a lense so its comparison to the reflection of a mirror is appropriate. it is in essence a reflection captured on to film as a 'still' image. however the subject or theme of the photo would determine its permissability and not the device itself.

it cannot be compared to painting or sculpting, striving to recreate allah's creation and interpreting it artistically so that it can be venerated or worshipped.

[mizbah]

Other Scholars did not regard photography to be the same as or anologous to the prohbited image making prohibited by hadith.They pointed out that photography simply captures the already created being, much like a mirror, it does not try to copy the image or make its own image in the photo, it just reflects it.




Dear brother ,
Walaaykkum assalm warhamthullahi wabrakathu,

Please provide some references of scholars with this view other than Dr Qardawi .I think Al-Albani strongly objected this reasoning of Qardawi .


rgds

[Abu Ilyas]

Dear brother ,
Walaaykkum assalm warhamthullahi wabrakathu,

Please provide some references of scholars with this view other than Dr Qardawi .I think Al-Albani strongly objected this reasoning of Qardawi .


rgds

From what I understand - many scholars do not see anything objectionable to photography. Follow this link for similar opinions:

http://www.islamtoday.com/show_quest_section.cfm?main_cat_id=1&sub_cat_id=10

I dont know what al Al-Albanis specific reasoning was and why he objected.But I remember reading an opinion I think of Shaykh Saleh Fouzan. If I remember correctly his argument was that infact the effort and stages of the photographic process requires much effort and work, (i.e maybe even more work that a painter) contrary to the beleif that it is simply just a reflection process.

Allah knows best but I dont see why the stages of the photographic process is relevant - whatever the stages it captures already created images, it does not create its own images.

There is a book called 'The ruling on Tasweer' which takes the opinion that photography is haram and cites opinions of Islamic scholars. Read this to learn more about their reasoning.

Allah Knows Best

Was Salaam

AI

[mizbah]

Assalamualaykkum ,

As you said of sheikh fowzan , same is the reasoning of sheik albani


Among the scholars who have discussed the issue of photography is Shaykh Naasir al-Deen al-Albaani, who said: "Some of them differentiate between hand-drawn pictures and photographic images by claiming that the latter are not products of human effort, and that no more is involved than the mere capturing of the image. This is what they claim. The tremendous energy invested the one who invented this machine that can do in few seconds what otherwise could not be done in hours does not count as human effort, according to these people! Pointing the camera, focusing it, and taking the picture, preceded by installation of the film and followed by developing and whatever else that I may not know about… none of this is the result of human effort, according to them!

Some of them explain how this photography is done, and summarize that no less than eleven different actions are involved in the making of a picture. In spite of all this, they say that this picture is not the result of human action! Can it be permissible to hang up a picture of a man, for example, if it is produced by photography, but not if it is drawn by hand?

Those who say that photography is permitted have "frozen" the meaning of the word "tasweer," restriciting it only to the meaning known at the time of the Prophet (peace and blessings of Allaah be upon him) and not adding the meaning of photography, which is "tasweer" or "picture-making" in every sense - linguistic, legal, and in its harmful effects, and as is clear from the definition mentioned above. Years ago, I said to one of them, By the same token, you could allow idols which have not been carved but have been made by pressing a button on some machine that turns out idols by the dozen. What do you say to that?"
(Aadaab al-Zafaaf by al-Albaani, p. 38)





But sheikh uthymeen differs :

The second category is fixed or still pictures on paper (photographs) …

But the matter needs further discussion if one wants to make these kind of permissible pictures. For they are subject to five rulings which depend on the intention. If the intention is something forbidden, then it is haraam. If he intends something waajib (obligatory), then it is waajib. Sometimes pictures may be essential, especially moving pictures. For example, if we see someone in the act of committing a crime against a person's rights, such as an attempt to kill and so on, and we cannot prove it in any way but by taking pictures, then in this case taking pictures becomes waajib, especially in cases where pictures may decide the case. The means are subject to the rulings on the ends. If we make these pictures in order to prove the identity of a person for fear that someone else may be accused of the crime, this is also acceptable, indeed it is essential.

But if we take these pictures just to enjoy looking at them, this is undoubtedly haraam... And Allaah knows best." (See Al-Sharh al-Mumti', 2/197-199)


But at the same time there is ruling from sheik Albani where he says television is permissible rather obligatory in future when it can be used for dawa in islamic state and his disapproval is due to the evil content and no analogyto tasweer and human effort !!!



Allah knows best

[Abu Nihla]

I believe it is ok to take photos. Also we have all to agree that the environment where that photo is taken will also strongly influence the ruling. There are issues like the angels not coming in houses where there are photos, hanging the photos on walls, putting them on albums or hiding them on drawers.

So you gota be specific where you seek clarification since with every scenario a different ruling will occur.

[1mran]

As Salaamualaikum,

The issue of photographic images requires excercising ijtihad as there is obviously no direct textual evidence on the subject - the technology has only existed since the 1820's.

Some scholars have used the various ahadith on the subject of the prohibition of image making. They regarded the photograph to be the same or similarly analogous to the image making as described in the hadith literature and accordingly ruled that photography of certain beings mentioned in those hadith was likewise prohibited.

See www.islamqa.com (http://www.islamqa.com) for a discussion of these hadeeth.

Other Scholars did not regard photography to be the same as or anologous to the prohbited image making prohibited by hadith.They pointed out that photography simply captures the already created being, much like a mirror, it does not try to copy the image or make its own image in the photo, it just reflects it.

Some of these scholars argue that the reason for prohibition of making images by the prophet was due to the fact that the image maker was competing or trying to imitate the perfect creation of Allah, as is mentioned explicitly in at least one hadeeth. This is not what a photograph does, as we said it doesnt try to imitate but simply reflect a living being and therefore according to these scholars the reason for prohibition does not exist in the case of photographs.

See Dr. Yusuf al Qaradawis book 'The lawful and Prohibited in In Islam' for more on this second view.

I hope that helps

Was Salaam

AI

http://forums.islamicawakening.com/showthread.php?t=2535


As for yusuf Qardawi's book:-

http://abdurrahman.org/character/lapalbani.html