Author name:
سناء لطيف عبد الرزاق الخرسان
Supervisor name:
عباس علي محمد رضا كاشف الغطاء | حيدر عبد الامير رشيد الخزعلي
University location:
Najaf
Abstract:
The researcher concludes a set of important results that could be summarized as following : - 1 - The primitive principle of things, dealing with arts is one of them, is permission, allowance and concessionary for the majority of jurists, except Al - Sayed Al - Sader who believed on practice continuous cause. 2 - The Usuli Imamates agreed that the legal principle is allowance, permission and exemption, which contradicts the Akhbaris3 - Islam revives the feeling of beauty, supporting the fine art, yet it should be according to legal conditions that the heavenly laws put.4 - The jurists have different opinions upon representation, drawing or portraying, ending with four opinions; they agreed upon the forbidding of the embodied drawing of the creatures of soul; perfect of semi - perfect.5 - From the jurists` opinion upon the drawing forbidding cause it is understood that it has two resources, no matter that the drawing is embodied or not : - the first is because they are put to resemble the Great Creature, which the suitable meaning for the hadiths of breathing the life in it, and the second is because they are put to magnify certain figures in a way that resulted gradually to worship them rather than His Almighty God.6 - According to what is mentioned above, it is allowed to put embodied pictures or statues for the things with soul for reasonable or scientific reason as ends justify means; like teaching, learning, entertainment or maintaining the nation history and civilization. 7 - The primitive principle of ornamentation or decoration and Arabic calligraphy is permission and allowance as there is no legal evidence to forbid them.8 - Been forbidden, the embodiment is substituted, by the Muslim artist, with the plane drawing, depending on ornamentation or decoration, by modifying the natural figures in an abstract way that keep it far from illegality.9 - For photographs, the primitive principle is allowance as there is no legal evidence to forbid it, unless its subject was forbidden such as to magnify certain figures especially if they were bad people.10 - photography is not forbidden as it considered of the age necessities; to achieve the formal documents such as the I.D card and the pass port and so on, in addition to be a teaching aid and a means to maintain the legal rights like the pictures of the unanimous dead people that are shown to be recognize by their relatives.11 - The effective cause of forbidding singing, is the amusement or pastime which is whatever makes Man beyond his natural statue poetry prose or music.12 - Some of the musical tools, like tambourine and drum, could be used in the weddings, it is recommended to use them in wars.13 - The common tools or instruments, that are use for the forbidden ( haram) and non forbidden ( halal), and not restricted for the first case, such as the radio or T.V, evidence of the holy Qur`an and hadith should be considered regarding fun and laugh. are allowed to be sold and bought14 - Acting, in theater or television is, in the first instance, not forbidden, yet it should not be accompanied by forbidden things, that could not be restricted or defined, such as man and woman association or social intercourse, and music as well as the subject or the theme which should not contradict the pure doctrine and the Islamic instructors or praising or magnifying oppression and injustice, otherwise it is not forbidden. 15 - There is additional conditions for theater acting in particular, where the
