Third chapter of Al-Shaikh Saleh Bin Fauzan Bin Abdullah Aale Fauzan

From his comments on the book “Halal & Haram” of Shaikh Yusuf Al Qardawi

Ruling of pictures-Making

Then the author discussed the subject of picture-making from page72 to 82 and made many mistakes about this subject that must be revealed and stated and are as follows:

First error: To divide picture-making in forbidden and that is statues and disliked which should be avoided and that is what is curved and drawn on paper and boards and walls and permissible and that is photography. This division is invalid and is refuted by the authentic evidences available regarding the general prohibition of pictures making and possessing  whether they may be statues or others ; carved or photographic and who claims details as the another then it is upon him to produce evidence and we will quote you a number of the sayings of the imams (leaders, great scholars) regarding this:

The great scholar Ibn Al-Qaiyim said in the context of description of big sins: " and of them is making the pictures of animate; whether it has shadow or not (ELAMUL MUWAQQIYEEN:4/403). And Al-Nawawi said in the explanation of Sahih muslim (14/81) after mentioning the prohibition of images, his statement is: And there is no differences in all this between what has shadow and what has not. This is the summarized view of our school of thoughts regarding this issue and the majority of scholars of the companions and their followers and those who came after them have said like it and it is the opinion/view of Al-Thauri and Malik and Abu Hanifa and other than them. And some of the Salaf (earlier scholars of Islam) said, “Verily, the forbidden is one that has shadow and there is no problem in the pictures having no shadow and this is void thought (doctrine) because the curtain in which was the picture and which was disapproved by the prophet (pbuh). No doubts,  it was verily vilified and there was no shadow of its picture along with what is in the general sayings of the prophet (pbuh) about each picture.

And Hafiz Ibn Hazar said in fatah-Al-Bari (10/384) after this summarized description of the saying of Al-Nawawi, I say “general saying of the prophet supports the prohibition of picture-making of that has shadow and that has not. Which is narrated by Ahmad and that is the Hadith of Ali (May Allah be pleased with him) that the prophet (pbuh) said, “Will anyone of you  go to Madina and doesn’t leave any idol there but vanish it and not any picture but erase it ? ” And it is also in it: who returns to make something of them (idols, statue, etc) has disbelieved in what was revealed to Muhammad (pbuh). And Hafiz ibn Hajar also said in Fatah-al-Bari (10/390),in the course of his talk  about the Hadith narrated by Aisha (RA) that the makers of images will be punished  on the Day of Resurrection, he said, and it is understood from it that there is no differences in the prohibition of pictures whether they have shadow or not and whether they are painted or carved or pecked or woven.

And Al-Shaukani said in Nail-Al-Autar (2/108), while talking about the Hadith narrated by Ibn Umar (RA), “Who make these pictures or images will be punished on the Day of Resurrection.” and the Hadith narrated by Ibn Abbas, “every photographer will be in the Fire” He said: both Hadiths indicate that the picture-making is one of the strictly  prohibited things, as the prophet has threatened of being punished with the Fire and that every photographer will be in the Fire. In another Hadith, this kind of menace has been recorded and it is well known that this kind of menace is given only on what is strictly prohibited and he proceeds saying : and it is evident from  “every photographer” and “for every picture that he made” that there is no difference between what is printed on wardrobes and between what was independent body and the ‘generalization’ in the Hadith narrated by Ayesha which has been described above also supports it. Then he mentioned the sayings of prophet (pbuh) which have the same meanings as the fore-mentioned. Then he said, “ These sayings of prophet Muhammad (pbuh) declare that there is no difference between the pictures which are printed and which are independent as they are called ‘pictures’ or ‘images’. So, it is implied on what is printed on wardrobes also. All these sayings of prophet Muhammad (pbuh) and talks of scholars which have been quoted invalidate the claim of the author that there is not a single authentic text - safe from opposition – that verifies the prohibition of pictures printed on the wardrobes and beds and walls and drawn on the boards. And in the same way  the claim of the  author that the photographed picture making is allowed (legal) is also invalidated because photographed-pictures are more to match than the printed and drawn pictures. So they are  nearer to be prohibited.

Al-Shaikh Mustafa Al-Humamy said in the book ‘Reforming Renaissance’ (264-265): if I say that the punishment of picture-maker with this apparatus will be two folds than that makes picture with his hand. The picture which is made by apparatus (device) in a moment , takes a long period to be made by hand. And the  torment will be given as much as the production of photos will be. As you know that making a single picture is a big sin and when the second picture is made, the second sin is joined with it. In this way as much the pictures are made as much the sins are committed by the picture maker with the apparatus and as you know that the torment is given as much the sins are. So, when the sins are more, the torment will be more severe and more durable. And you know that the photographers with the photo shooting apparatus make tens and thousands of photos just by directing that the apparatus once, such as those who use to shoot photos of big gatherings , as gatherings of festivals and that of funerals congregation of notable personalities, particularly those who were excellent. so these photographers and like them, how much they deserve doom, no one knows besides Allah, for plenty of photos that they make.

And it is as vivid as you see that he has refuted the author and like him of them who permit producing photographic pictures. Al-Shaikh Muhammad bin Ibrahim (may the mercy of Allah be upon him), late mufti of Saudi Arabia, said in his message: and of the greatest evils is to make the pictures of animates and to possesses it and use it and there is no difference between embodied and what is on papers taken by the machine. And as the conclusion of the whole Hadith is the severe menace for pictures-maker with the fire and curse and that they are of the greatest wrongdoers (exploiters) and all sorts of pictures are prohibited what may be its procedures because the Hadith which prohibited picture-making are general in their words with, “every pictures maker will be in the fire” and “whoever makes a picture will be asked to blow soul in it on the Day of Resurrection. And saying of the prophet Muhammad (pbuh) “whoever makes the pictures will be punished on the Day of Resurrection.” So, we see in the Hadith words ‘whoever’ and ‘every’ , are words of generalization which include every singular of the things which follow them. So, where will they go who divide the picture making in permissible and prohibited and liked and disliked. May Allah help us .

Second Mistake: Inciting of the author with the exception which came in the saying of prophet Muhammad (pbuh) narrated by Zaid bin Khalid and in the Hadith narrated by Abu Talha : "except the figure in the garment" to prove that except statues, photos or images are not prohibited. And Al-Nawawi has answered this inference in his explanation of sahih Muslim (14/85) (Authentic collection of sayings of prophet Muhammad collected by Muslim, a great scholar of Hadiths) where  he said: those who permit the figure absolutely infuse this saying of the prophet Muhammad and our answer and answer of the major scholars is that the figure of tree and that of inanimate is meant by that and it is lawful in our opinion as we have foretold.

And hafiz Ibn Hajar said, “it is prospected that it was ( i.e. permission to make photo of animate) before the prohibition as it is verified by the Hadith narrated by Abu Hurairah and recoreded by As'habus sunan (collectors of the sunan/manners of the prophet).

And Al-Shaikh Abdul Aziz Bin Baz said in his work “Beneficent answer regarding the ruling of Imaging”  : As long as it is regarding to the hadith narrated by Abu Talha and Sahal bin Hanif (except the figure in the garment), so it is exception of the images which prevet the angels (of mercy) from entering(the house) and not of making-picture and it is obvious  by the context of the hadith and meaning of that is: when the figure is in the garment and like it which is spread and disgraced and example of it is pillow and the hadith narrated by Abu Hurairah and saying of Jibiel to the prophet (pbuh) : order about the head of the statue which is in the house to be chopped up (beheaded) and regarding the curtain to be cut of it two pillows which will be disgraced by being thrown and so he (pbuh) did and it is not correct to imply the exception on the picture in the garment being hung or used on any door or any wall and so on. Here the Hadith of Ayesha is vivid regarding prohibition of this kind of screen and taking it off and tearing it out Compulsorily as it has been fore-mentioned with its words and Hadith of  Abu Hurairah is lucid that this kind of curtain prevents the angels from entering till it is spread and the statue in it is beheaded to be on the shape of the tree and sayings of the prophet (pbuh) are not contradictory but at the contrary some of them approve the rest and whenever it is possible to unify them with any proper reason in which there is not any misuse , it is compulsory to do so and will be preferred according to the principles of the Hadith and knowledge of rules and here it is probable to unify, so praise be to Allah.

Third Mistake: Saying of the author about the photographed picturures that the reason of prohibition i.e. resembling which is mentioned clearly in some sayings of the prophet is not found in them (pbuh).  undoubtedly, it is invalid thought and obvious mistake for the resembling is found in the photographed pictures more than in any other kinds of pictures . And the picture linguistically means shape as it has passed in the talk of Al-Shaukani. So the resemblance is definitely found in it. And we ask the author what does exclude the photographic pictures from the general texts that prohibit the pictures as well as they are called pictures definitely and their maker is called the picture makers (photographers).

Forth Mistake: To infer with the saying of Madam Aayesha (May Allah be pleased with her) that says, we had a curtain in which there was a picture of a bird and whenever anyone enters (the house) he sees it before him. So the prophet said, “Move this  because whenever I entered and  saw this, missed the world." to prove that except statues, none of the picture are prohibited, is wrong. The author said: the prophet Muhammad did not order her to cut it but he (pbuh) ordered to remove it from its place in front of who enters the house. Until he said: by this Hadith, it is clear that the prophet (pbuh) let the curtain with picture be in his house. And this inference will be answered by what Al-Nawawi said in the commentary on Sahih Muslim (14/81): this was before prohibition of possessing what has picture in it. So, the prophet used to enter the house and see the curtain and  and didn’t  disapprove it before this time. And the Hadith of Aayesha recorded by Imam Muslim in the beginning of the chapter of making pictures which prohibits the pictures , also supports the opinion of Al-Nawawi and after the first Hadith of Aayesha, he recorded the other Hadith to indicate that the first Hadith is to acted upon and this is the manner of Imam Muslim in his authentic collection of Hadith i.e. to begin with what is acted upon then describes the reason or what is not to be acted upon.

Fifth Mistake: on this topic, the author claimed that the prophet (pbuh) restricted picture-making in the beginning because that time was nearer to the time of polytheism and when the ……..of the monotheism was rooted down. He (pbuh) permitted to make-picture of what does not have body.

And we demand the honorable sheikh to produce verdict on his claim and from where he can produce the verdict! When as there is a plenty of evidences which refute and invalidate his claim where they approve the prohibition of the picture-making and prohibition of all sorts of pictures all the times in general.

Ibn Daqiqul Eid said in the explanation of Al-Umdh (3/256) with the comments of Al-San’aani answering this claim: Surely, his saying is very far from the reality who says that the prohibition of picture making was in the beginning age of Islam because it was nearer to the age of being people pagans and now Islam has wide spread and its principles and base are rooted down. So this age is not the same as it was in the beginning in the restriction (or he said like this), and this saying is very invalid in our opinion absolutely as it is recorded in the Hadith the picture maker will be punished in the Hereafter and they will be asked to give life to what they made (of picture) and this reason is against the saying of this author and he (pbuh) expressed very clearly in his saying, “who tries to imitates Allah in his creation” and  this reason is common  independent and proper and is not peculiar to any time without other and it is not upon us to try to give  the plenty of apparent texts  , fanciful sense for probability of it when as the words of the texts require other explanation i.e. imitating  God’s creation. The footnote-writer Al-Amir Al-San’aani said: I say, “He of course said the truth!” does he have any reason to explain the Hadith of the prophet Muhammad what he explained?! while he (pbuh) has cursed the picture-makers and informed that they will be punished more severely?   undoubtedly, the explainer (interpreter) said right that it was invalid opinion.

 And Shaikh Ahmad Shakir said in his comments on Musnad of Imam Ahmad (14/149-150) answering this also: we use to hear in this age of ours some great people belong to knowledge whom we didn’t meet, we hear them allowing all kinds of picture-making along with statues that have been cursed- till he said: “and they prove it by interpreting the texts by connecting them with such a reason which Allah and his messenger have not described and haven’t entrusted it for prohibition. According to them as we came to know the reason of prohibition was because they were nearer to the age of paganism and as now for a long period has passed so the reason of prohibition has ended and there is no fear about people to return to the worships of idols. But,  they forget the phenomena of idol worship that they see in front of them i.e. to seek refuge to the tombs and go near to them at the time of grief and hardship and they forgot that the idol worship took place in many hearts without they realize. But, they also forgot the vivid texts of the sayings of the prophet (pbuh) and reason of prohibition and we were amused of these barn thought and twisted ijtihad (making decision about shariah’s issues) and we used to think that they had invented such a meaning nobody did it before them, although it  was  apparently untrue until we detected that they were imitating in their judgment (ijtehad)and stealing in their inference as we found al Imam al Hafij alhujja Ibn Daqiqul Eid who died in 702 H.  narrating like their statement  and refuting it more considerably and more powerfully." After that, he reported the statement of Ibn Daqiqul Eid which we have cited recently. Afterward he said, “ This is what Ibn Daqiqul Eid stated it 670 years ago refuting  them who played with this vivid evidence in his age  or before  him, after that these deceptive muftis (expounder of Islamic law)and their ignorant imitators have started to repeat it to attract people and begun to play with the text of Hadith same as the previous did.

It is clear from the previous description that all sorts of picture; whether statues or others : whether carved( embodied) with hand or photographed with device; all are impermissible  and whoever tried to make some of them permissible , their struggles are in vain and their argument is baseless. Allah is alone whose help should be sought.