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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Are photographic images lawful, and what is the validity of the claim that the machine is capable of taking pictures without anyone being present?

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Question:
Are photographic images lawful? And what is the validity of what a group of scholars said regarding this issue, especially since they claim that the machine is capable of taking pictures without anyone being present? May Allah reward you with good.

Answer:
The Prophet (peace and blessings be upon him) prohibited image-making, emphasized the warning against it, and generalized this prohibition to include all types of image-making, by any means. He did not exclude anything from it. Photographic image-making falls under the general prohibition of image-making, and it is called image-making. So what takes it out of the general prohibition?
The speech of the Lawgiver is specified only by evidence from the Lawgiver. There is no evidence that specifies photographic image-making as an exception to the rest. In fact, photographic image-making may be a greater trial than official image-making by hand or sculpture. Therefore, image-making is forbidden by any means, due to the generality of the hadiths. Whoever excludes any type of image-making must present valid evidence, because the speech of the Messenger (peace and blessings be upon him) is not specified except by the speech of the Messenger (peace and blessings be upon him) or by the Qur'an. As for manipulating statements, justifications, and desires, that is not permissible. Yes.
And only what is necessitated by dire necessity is permitted from image-making, such as passport photos, driver's license photos, and personal ID card photos. Photos necessitated by dire necessity. Allah the Exalted and Majestic says:
while He has explained in detail to you what He has forbidden you, excepting that to which you are compelledوَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ
[Al-An'am 6:119]
. Praise be to Allah.
And there is no prohibition with dire necessity. If a matter reaches the level of dire necessity, it is permissible to remove it, and this is from the category of dispensations. As for anything other than that, image-making is forbidden in all its types, and there is no evidence for those who have permitted any part of it. And their claim that the machine is the one taking the picture is not correct. The machine does not take pictures unless it is moved and arranged; then it takes pictures. Yes, yes.
As for without anyone using it, moving it, or arranging it, it does not take pictures; so it is a human act. Yes. May Allah reward you with good, and may Allah do you good.
Source قناة «العلامة الدكتور صالح الفوزان»، هل الصور الفتوغرافية حلال وما صحة من قال إن الآلة في إمكانها أن تقوم بالتصوير دون أن يبقى عندها أحد؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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