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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on photography and keeping pictures?

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Question : May Allah keep you safe. This questioner repeats the question often and says: You mentioned in your book *Al-Majmu' al-Thamin li al-Fatawa* that photographic images are permissible absolutely, without any necessity. Then you mentioned afterward that it is not permissible to keep pictures for the sake of remembrance. So what is the clarification regarding this?

Answer : Yes, the truth is that the issue of image-making is something I am surprised by, given that it is the preoccupation of some people, as if the opening of Bayt al-Maqdis depends on it, or the liberation of Afghanistan or other Muslim lands. The issue of images is a matter of ijtihad (independent legal reasoning), and it is not part of the creed in any way, to the point that we would say it is dangerous. The issue of images falls into categories. The first category is the tangible, physical image with substance that a person makes with his hand. There is no doubt in its prohibition, because the one who makes it thereby rivals the creation of Allah. He falls under the saying of the Prophet (peace and blessings be upon him): "The most severely punished people on the Day of Resurrection are the image-makers who rival Allah in His creation." The second is a drawing that a person draws with his hand. This is a point of disagreement among scholars, although the disagreement is weak. However, disagreement was found among the scholars of the Islamic Ummah based on what came in Sahih al-Bukhari from his statement: "except a design in a garment." They said that mere drawing is not a complete rivalry with the creation of Allah, because the creation of Allah, which is His creation, is a standing body, a standing name, tangible and perceptible. As for this, it is merely coloring, so the rivalry in it is not complete and it does not fall under the prohibition. But this opinion is undoubtedly weak, because the hadith of 'Ali ibn Abi Talib when he said to Abu al-Hayyaj al-Asadi: "I will send you..."
on the same mission as Allah's Messenger (ﷺ) sent me? Do not leave an image without obliteratingعلى ما بعثني عليه رسول الله صلى الله عليه وسلم ألا تدع صورة إلا طمست
Sahih Muslim 969a, 969b
indicates that what is drawn by hand and colored falls under the general ruling. And this is the truth. The third category is what is captured by a photographic camera that requires developing and adjusting the image. This is also close to what we would say is forbidden image-making, because of the improvement of the image and its developing by the photographer's hand. The fourth category is instant photographic images where there is no handwork in improving or coloring them. These do not fall under the prohibition. Why? Because this photographer did not draw a face, eye, lip, or nose with his hand, nor did he imitate Allah the Exalted in image-making. The most that happens is that this machine cast light on a specific thing and captured it. For this reason, we find that a blind person can direct this machine at a person or an animal and photograph it while he is blind. He can photograph at night, where there is no light for a person to draw upon. This does not fall under image-making. We remain with the issue of keeping them. Keeping, keeping, keeping is not image-making, my brothers. The fuqaha (jurists) (may Allah have mercy on them) distinguished between image-making and using images. The text of *Zad al-Mustaqni*, which is one of the relied-upon books of the Hanbali jurists, says: "And image-making and its use are forbidden." So he distinguished between what? Between image-making and use. So using an image and keeping an image, if there is no necessity, is forbidden. Forbidden by what? Is it forbidden by the cursing of the image-maker, or is it forbidden by the saying of the Prophet (peace and blessings be upon him): "The angels do not enter a house in which there is an image?" By the second or the first? By the second. So he distinguished between image-making and use. If we say that it is forbidden to keep an image except what necessity calls for, this does not contradict our saying that instant photographic image-making does not fall under the prohibition, because we must know the difference between image-making, which is the act of the image-maker, and use, which is the use of the image-maker. For this reason, I would like you, O students, to clarify the words of the scholars of knowledge, and to know the great difference between one phrase and another. For this reason, now I want the presenter of the questions to give me an answer regarding tabarruj (a woman's display of her adornment), so that you know the difference between phrases. Regarding the niqab (the face veil), one person gave you [an answer], then a Muslim person said: Where?
Source دروس وفتاوى المسجد الحرام لعام 1412 هـ - 15 — binothaimeen.net (1:07:45)

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

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