Question : A question was asked regarding photos, statues and children’s toys.

Fatwa in Brief: Making a representation of a creature with a soul, either with a camera or by hand, on paper or on any other surface, and living off [the money gained from] this is illegal according to Islam. Hanging such representations on a wall is illegal, as well as keeping them for memory. It is not permitted to pray in a place where photos/paintings are hung, or in clothes upon which images are printed, except when there is a legal necessity (darura) in doing so. Children’s toys are also prohibited. However, when there is a legal necessity, such as producing photos for passports and so on, exceptions to this rule are known.

The Permanent Committee, 1/445-457

Response:

Carving, sculpting, painting, and/or photographing humans and/or animals is permitted as long as this is done for benefit of people. It is not permitted when it is done with the intention of encouraging us to glorify an image, or so as to stir within us a desire to commit obscenities. Sculpting/carving a statue of a live figure, whose subject possesses a soul, is what constitutes an illegal act. Using children’s toys, even if they resemble a human subject, to teach or to amuse is permitted.

Commentary:

The Holy Qur’an was revealed to the Prophet (upon him be peace) in an idol-worshipping community. In this community, idols were placed around the honorable Ka‘ba as subjects for veneration. According to numerous hadiths, the Prophet (upon him be peace) rejected the making of images. For, this act imitated the process of God’s creation and encouraged the worship of them. Yet, according to the noble hadiths of the Prophet (upon him be peace), [particularly] as mentioned in the books of the jurists, it is permitted to make representations of living animals and people if this is for beneficial purposes. Likewise, such representations should not encourage us to glorify any image [other than God], and must not stir sexual desires for us to commit obscenities (fawahish), and/or other illegal acts.

The representation of a whole person or animal, through carving or sculpture [i.e. a full length figure], is prohibited to Muslims. This is on the basis of a tradition included in the hadith collections of Bukhari and Muslim. Here, Masruk observed that alongside ‘Abd Allah, they entered a house where there were statues. He (‘Abd Allah) asked about one of the statues; and they replied: “it is a statue of Maryam”. ‘Abd Allah then said that the Prophet (upon him be peace) observed that “the people who will suffer most on the Day of Judgment are artists (musawarun)”; and, in another report, he says “those who make these representations will be punished on the Day of Judgment. They will be instructed to give life to their creations!” This tradition makes it clear that creating a statue/sculpture is, in itself, a sin (ma‘siyya). The wisdom behind this ruling ensures that no image is worshipped, or used as a vehicle for people to attempt to draw close to God.

In his book, al-Jami’ li ahkam al-Qur’an, al-Qurtubi cites God’s verse:    

“They made for him what he willed: synagogues and statues”. (Q. 34: 13)

Responding to this verse, Qurtubi notes that children’s toys are an exception to the general rule that the making of images is illegal. For, it is known that, when ‘Aisha married the Prophet (upon him be peace), she brought her toys with her. [Indeed] She and her friends used to play with ‘Aisha’s toys at the Prophet’s house; and when the Prophet (upon him be peace) entered the house they used to hide them out of embarrassment. This hadith is reported by Muslim.[1]

In the Fatwa Centre, under the supervision of Dr. ‘Abdullah al-Faqih: Photographing with cameras or videos is a matter of disagreement amongst the people of Knowledge; while any prohibit it, others permit it. We prefer to permit it.

Dr. Yassir ‘Abd al-‘Azim