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Shariat Appeal No. 6 of 1981, heard on 16th May, 1984.
(On appeal from the Judgment of the Federal Shariat Court, dated 3‑12‑1980 passed in Shariat Petition No. 6 of 190)
------Preamble‑Constitution of Pakistan (1973), Art. 203‑F‑Photo graph required to be affixed and law in pursuance of which need for such photograph arises, is not against injunctions of Islam as contained in Qur'an and Sunnah.
‑‑----Injunction of Islam‑Making of photographs, paintings and other types of pictures of living beings‑Whether prohibited in Islam Controversy and divergence of opinion of scholars on the subject-- A study‑Constitution of Pakistan (1973), Art. 203‑F.
There is a general command in the Qur'an and Sunnah providing a method for deciding the controversy as is involved in the present case.
A decision cannot be rendered in case Qur'an is silent on the subject on the basis of what is found in the Qur'an alone without taking into consideration the mass of Sunnah material and commentaries thereon.
In order to discover the Sunnah on the subject it would be premis sible to make use of the Injunctions of the Qur'an, the recorded Sunnah and the historical‑cum‑archaeological discoveries.
If it is found that picture snaking of a living being generally speaking is not prohibited by the Qur'an but the prohibition is found only in the Sunnah, the decision would still be to prohibit it.
In that case, the obedience of the command of Sunnah will not be even an iota less than that for the Qur'an.
If a: clear command without any ambiguity is found in the Qur'an or a similar command is found in the Sunnah without any doubt about its authenticity regarding prohibition against the picture making of all sorts, it will not be possible for the Federal Shariat Court or for Supreme Court to declare otherwise or to make exceptions therein.
In case of the eventuality visualised in the foregoing position it would be the duty of these Courts under the relevant law governing their jurisdiction to suggest and remove the difficulties which might then be faced by the Government, various institutions and the citizens on principles of Iztrar or Zaroorat.
Whatever the answer to the main question, if it is based primarily on the assumption that there is no prohibition in the Qur'an and that there is vast difference of opinion whether or not it is prohibited by the Sunnah, it will be permissible for these Courts after further discovery of historical and archaeological material which might clinch t matter, to re‑entertain and reexamine the question.
The answer to a problem should be sought from the Holy Qur'an and the Sunnah and if a direct answer is not available there from then from the use of judgment, of course, under the light of the Qur'an and the Sunnah.
In matters like the present one wherein a serious controversy has been raised, complete understanding cannot be without deep research. It would include the relevant text of the Qur'an and of the Sunnah together with the sources of Sunnah if its authenticity is to be ascertained. The opinions of the old and contemporary masters (Sufia and Fuqaha) including Alma on the subject shall have to be considered. The exercise &ball not be complete in this case without application of mind in accordance with the more developed methods of research with the help of scientific, historical and archaeological discoveries.
Though the controversy is not answered by the Qur'an directly but the Ayat which will have some bearing are noticeable under the following headings:
(a) Injunctions where declaration about Haram is the sole prerogative of Allah and under His Command/Permission of the Holy Prophet (s. a. w. s.) ;
(b) Mention of figures during the time of Prophets Ibrahim and Suleman (p. b. u. t) ;
(c) Allah being the maker of figures, to modal with this task is satanic act;
(d) Artistic side of Creation of Allah (Jamal) ;
(e) Various facets of Zeenat and Araish [See Schedule I].
(f) Some Commentaries on and use of what is not prohibited by Injunctions of Islam [See Schedule I‑A].
The clarification about Sunnah on pictures and their use and relevant Ahadiths‑all of them can be noticed in a comparative study divided into sub‑headings as follows :.
(a) Punishment for maker of picture.
(b) Mention about Angels not entering places containing pictures ;
(c) Those with reference to Hazrat Aysha (r. u. h).
(d) Those with reference to Hazrat Ali (r. u. h).
(e) Those with reference to Hazrat Ibn‑Abbas (r. u. h):
(f) Those with reference to Hazrat Talha (r. u. h).
(g) Other Ahadiths‑[See Schedule II].
Till further search and discoveries are made in historical and archaeological research the material placed on record makes out a case of prohibition first and then partial modification and permission. Besides other corroborative material this view also finds support from Quranic verses on the subjects of Maroof, Haram and Tamasil. It is not. right to say that in matter of doubt about authenticity and interpretation of Hadith on question of Haram, it should necessarily be read in favour of the latter. Qur'an and Sunnah do not permit such general supposition, each subject has to be considered in the light of the Qur'anic and Sunnah Injunctions in their own context.
In the Qur'an there was no prohibition despite prevalent use of figurative art since pre‑Islamic period and the time during which Qur'an was being revealed except that in Section 4, V. 119, there is a reference to making changes in God's creation as a satanic act. But clear prohibition of making and worshipping idol as haram act distinguished from paintings and sculptured figures and dolls is found in numerous verses. There are passages in the Qur'an Which encourage artistic ventures and exercise as a form of human development. Rather figurative paintings are mentioned with mild tacit approval during the period of Prophet Suleman (p, b, u. h): At the same time Qur'an prohibits what comes in conflict with Tauheed or anything which pertakes of shirk. Therefore, taking all this into consideration the making of such figures which are of abnormal creatures would not at all be permissible under Quranic Injunctions.
Prohibition is linked with shirk while relaxation is linked with innocent pursuits and law of necessity.
‑------ Injunctions of Islam‑Prohibition‑Injunctions of Islam‑General command in Qur'an and Sunnah‑‑Controversies and divergence of ‑opinions of Scholars and Jurists on prohibition and interpretation of Hadith thereon‑Such controversies how resolved‑Constitution of Pakistan (1973), Arts. 203‑DD & 203‑F.
There is a general command in the Qur'an and Sunnah providing a method for deciding controversies.
Where Qur'an was silent on the subject, a decision cannot be rendered on the basis of what is found in the Qur'an alone without taking into consideration the mass of Sunnah material and commentaries thereon.
In order to discover the Sunnah on the subject it would be permissible to make use of the injunctions of the Qur'an, the recorded Sunnah the historical‑cum‑archaeological discoveries.
If it is found that something generally speaking is not prohibited by Qur'an but prohibition is found only in the Sunnah, decision would still be to prohibit it.
In that case, the obedience of the command of Sunnah will not be even an iota less than that for the Qur'an.
If clear command without any ambiguity is found in the Qur'an or a similar command is found of the Sunnah without any doubt about its authenticity regarding prohibition‑It will not be possible for Federal Shariat Court or for Supreme Court to declare otherwise or to make exceptions therein.
In case of the eventuality visualised in the foregoing position it would be the duty of these Courts‑under the relevant law governing their jurisdiction to suggest and rove the difficulties which might then be faced by the Government, various institutions and the citizens on principles of Iztrar or zaroorat.
Whatever the answer to the main question, if it is based primarily on the assumption that mere is no prohibition in the Qur'an and that there is vast difference of opinion whether or not it is prohibited by the Sunnah it will be permissible for these Courts after further discovery of historical and archaeological material which might clinch the matter to re‑entertain and re‑examine the question.
The answer to a problem should be sought from the Holy Qur'an and the Sunnah and if a direct answer is not available therefrom then from the use of judgment, of course, under the light of the Qur'an and the Sunnah.
In matters like the present one wherein a serious controversy has been raised complete understanding cannot be without deep research. It would include the relevant text of the Qur'an and of the Sunnah together with the sources of Sunnah if its authenticity is to be ascertained The opinions of the old and contemporary masters (Sufis and Fuqaha) including Aima on the subject shall have to be considered. The exercise shall not be complete in this case without application of mind in accordance with the more developed methods of research with the help of scientific, histocial and archaeological discoveries.
It is not right to say that in matter of doubt about authenticity and interpretation of Hadith on question of haram, it should necessarily be read in favour of latter. Qur'an and Sunnah do not permit such a general .supposition. Each subject has to be considered in the light of the Qur'anic and Sunnah injunctions in their own context.
His Lordship closed his opinion by relying generally on views of well -known scholars of present times : One by Syed Suleman Nadvi s Article on "Pictures" published in Maarif of 1919 and the other by Dr. Muhammad Yousaf Qardvi in his book "Islam Main Halal‑o‑Haram" translated by Mr. Shamas Pirzada (pp. 134‑161).
‑ ‑‑ Ss. 4 do 8‑National Registration Rules, 1973, Rr. 6, 7 & 8‑ Constitution of Pakistan (1973), Art. 203‑F ‑Requiring male applicants to submit two photographs is not repugnant to Holy Qur'an and Sunnah,
The requirements of the National Registration Act, 1973 and the rules framed there under requiring male applicants to submit two photographs is not repugnant to the Holy Qur'an and the Sunnah.
The photographs of a person which are required merely for satisfying the relevant authorities as to the identity of a person or for the other purposes of the National Registration Act will not be repugnant either to any injunction of the Holy Qur'an or to the Sunnah of the Holy Prophet (p. b. u. h.).
------Injunctions of Islam‑Interpretation of commands causing difficul ties, impeding or hampering development, progress and smooth running in affairs of Muslim Community cannot be accepted unless it is shown that God has by a pre‑emptory injunction in Qur'an so commanded or Prophet has in his sayings and conduct properly understood in their true spirit and context, so enjoined‑Constitu tion of Pakistan (1973), Art. 203‑F.
Sublime religion of Islam is an eternal religion. Its divine laws not only provide guidance for all aspects of our daily life but these are also universal in character and fully applicable in all times and in all climes. This grand design is securd by Almighty Allah by allowing every freedom to His people to develop their faculties and equip themselves for the needs and challenges of there particular times. By His Grace He has not imposed any burden or limitation on their conduct except that which He in His Wisdom had considered best for their true well‑being. Any interpretation in respect of His commands, which might cause difficulties and impede or hamper the development, progress and smooth running in the affairs of a Muslim community, cannot be accepted unless it is shown that Almighty Allah has by aperempiory injunction in the Holy Qur'an so commanded or the Holy Prophet (p. b. u. h.) has in his sayings and conduct, properly understood in their true spirit and context, so enjoined.
----Injunctions of Islam‑Making of pictures and photographs Whether prohibited in Islam.
The necessity for reference to and the use of photographs, pictures, images and other pictorial representations in our times has become absolutely essential. It is with their help that it is possible to understand and comprehend the problems of the Science and Aeronautics, Chemistry and Physics, Medicine and Surgery, Biology and Zoology, Mathematics and Statistics, Art and Architecture and indeed a myriad of other subjects without whose mastery the Muslim Ummah will lag far far behind the other nations and stagnate in the backwaters of the International Community. There are passages in the Holy Qur'an which encourage artistic ventures that are helpful for human development. This observa tion also supports the opinion that the Islam is a dynamic, progressive and not a stagnant religion and possesses the necessary resilience to cope with the problems raised by changing times.
While the Holy Qur'an contains no prohibition whatever in respect of figures, pictures, images etc. the Holy Prophet did undoubtedly disapprove of some of their forms, but a proper examination of this disapproval in the light of all the relevant and attendant circumstances shows that it was intended in respect of those pictures, figures and other man‑made images only which partook of shirk or came in conflict with Tauheed or otherwise interfered with the observance of religious obligations.
‑‑‑ Injunctions of Islam‑Making of pictures and photographs not directly prohibited by Qur'an.
‑‑ Ss. 4 & 8‑National Registration Rules, 1913, Rr. 6, 7 & 8 ---Constitution of Pakistan (1973); Art. 203‑F‑Requirement of Act and Rules made thereunder calling upon male applicants to submit two photographs not repugnant to Holy Qur'an and Sunnah‑Such requirement cannot on any plane be objected to for its purpose is orderly management of affairs of the Society.
------Injunctions of Islam‑Prohibition‑No verse in Qur'an directly prohibiting certain act‑Jurists and Sects not unanimous on nature and extent of prohibition‑Controversy how can be resolved.
There is no verse in Holy Qur'an directly forbidding the making of pictures or photographs.
If the Holy Qur'an is silent on a subject, a clear, unequivocal, consistent peremptory command of the Holy Prophet alone will be necessary for bringing it in the category of things forbidden. It is, therefore, necessary to properly categorize and arrange the Ahadith which will not only result in making the purpose, the scope and the meaning of the command clearer but will also throw valuable light 9ti the thinking and practices then in vogue.
------Injunctions of Islam‑Taking or making of pictures and photo graphs per se not forbidden in Islam‑Disapproval, or prohibition is related to use to which it is put or purpose for which it is made.
Mian Nazir Akhtar, Advocate Supreme Court and Ch. Akhtar Ali Advocate‑on‑Record for Appellant.
Syed Riazul Hassan Gilani, Advocate Supreme Court and M. A. Siddiqui, Advocate‑on‑Record for Respondent.
Dates of hearing : 9th 10th 11th 12th 14th October, 1982 and 16th May, 1984.
I have had the advantage of going through the most useful discussion on the controversy involved in this case in the judgments by my learned brothers Shafiur Rahman, J., Pir Muhammad Karam Shah, J. and Maulana Muhammad Taqi Usmani, J. I respectfully agree with the unanimous conclusions reached by them that this appeal merits dismissal. The reason being that the photograph in question and the law in pursuance of which the need for the said photo graph arises are not against the Qur'an and the Sunnah. However, with regard to the general question as to whether making of photographs, paintings and other types of pictures of living beings which is not direct involved in this case but otherwise forms the subject of discussion in these judgments, with profound respect, needs some further comment.
I would make an attempt to examine the matter by posing certain questions and answering the same in the light of the opinion expressed by my learned brothers and the assistance rendered at the bar by the ‑learned Advocates and the juris‑consults and independent‑study made with the help of the staff and other sources vie‑a‑vie the command or otherwise of the Quran and Sunnah regarding those questions. The questions and short answers are as follows:
(a) Whether there is 'any general command in the Quran and Sunnah providing a method for deciding the controversy as is involved in the present case.
Answer. "Yes."
(b) Whether, a decision 'can be rendered in this case on the basis of what is found in the Quran alone without taking into consideration the mass of Sunnah material and Commentaries thereon
Answer "No."
(c) Whether in order to discover the Sunnah on the subject it would be permissible to make use of the Injunctions of the Qur an, the, recorded Sunnah, the historical‑cum‑archaeological discoveries
Answer "Yes."
(d) If it is found that picture making of a living‑being generally speaking is not prohibited by the Qur'an but the prohibition is four, only in the Sunnah, whether the decision would still be to prohibit it
Answer "Yes."
Will in that case, the obedience of the command of Sunnah be even an iota less than that for the Qur'an
Answer "No."
(e) If a clear command without any ambiguity is found in the Qur'an or a similar command is found of the Sunuah without any doubt about its authenticity regarding prohibition against the picture making of all sorts‑Will it be possible for the Federal Shariat Court or fort this Court to declare otherwise or to, make exceptions therein
Answer "No."
(f) In case of the eventuality visualised in the foregoing question whether it would be the duty of these Courts under the relevant law governing their jurisdiction to suggest and remove the difficulties which might then be faced by the Government, various institutions and the citizens on principle of Iztrar or zaroorat
Answer "Yes.".
(g) Whatever the answer to the main question, if it is based primarily on the assumption that there is no prohibition in the Qur'an and that there is vast difference of opinion whether or not it is prohibited by the Sunnah, will it be permissible for these Courts after further discovery of historical and archaeological material which might clinch the matter to re‑entertain and re‑examine the question
Answer "Yes."
It is not necessary to repeat the facts of the case which have already been narrated in the three judgments of my learned brothers. It would suffice to say that while according to the National Registration Act (Act LVI of 1973) in order to make an identity card of the appellant, it is essential to affix his picture prepared through the process of photography, on the National Identity. Card to be prepared for him under the said law. But he has asserted that preparation of the said photograph having been prohibited by the Sunnah it should be so declared so as to compel the law‑making authority to amend the said law and remove the requirement of the photograph. Although the entice stress of the learned counsel appearing for the appellant remained on the Sunnah, it was denied that the question posed has to be answered with reference to both the Qur'an and the Sunnah.
As no question was raised during the hearing regarding the methodology for resolving the present controversy, for obvious reasons a detailed discussion of various controversies on this issue has to be avoided in this case. Certain assumptions made and acted upon in this behalf have to be restated. There are two universally accepted Ahadiths of the Prophet Muhammad (s. a. w. s.) which will be enough to rely upon in this behalf for this case.
One, where the Prophet (s. a. w. s.) was pleased to exort his followers to gain knowledge even if. the search therefore is to take someone to far places on the globe‑China was' mentioned in this context. (It is not necessary to deal with the question of the controversies raised in connection with this Hadith because in the context of the present discussion the exortation on question of gaining knowledge even if not fully established in connection with China is otherwise not at all denied, The research and historical discoveries made in recent time which would be referred to in another connection has however shown that the contact with China had been established in a meaningful way at the commencement of the Hijra era.)
Two, where the Prophet (s. a. w. s.) in answer to the request for guidance in the performance of his duties as a Governor by Hazrat Moaz Bin 'Jabal (r. u.) was pleased to lay down the rule that the answer to a problem should be sought from the Holy Qur'an and the Sunnah and if a direct answer is not available therefrom then from the use of judgment. of course, under the light of the Qur'an and the Sunnah. The last part for the present discussion would, without entering into controversy as to the sources of Islamic law, be treated logically as inclusive of the judgment of the Ummah as well.
In matters like the present one wherein a serious controversy has been raised complete understanding cannot be without deep research. It would include the relevant text of the Qur'an and of the Sunnah together with the sources of Sunnah if its authenticity is to be ascrtained. The opinions of the old and contemporary masters (Sufia and Fuqaha) including Aima on the subject shall have to be considered. The exercise shall not be complete in this case without application of mind in accordance with the more developed methods of research with the help of scientific, historical and archaeological discoveries.
Speaking for myself it was highly interesting and satisfying when discuss ing and probing in depth the delicate controversies on this subject of prohibition on pictures of living‑beings, a seemingly unimportant aspect of Islam but having important implications. The method of enquiry involved all the modern scientific methods and rules of logic and scientific discovery as also the well‑known trend and established rules of discovering the truth in the Muslim Jurisprudence. In importance it has been found on practical plane that none is less important than the other. In our various discussions, no doubt, the approach is different but it shows both classical, liberal as also universal base of Islam.
A very brief summary of very vast material of which only one fringe was brought to our notice and another, was discovered by ourselves. while the bulk, I believe as would be presently seen still lies beyond our physical reach and limited resources at our diposal‑it has yet to be tapped in the libraries and other store houses of knowledge scattered all over in the Muslim World as also other parts of the World.
Though the controversy is not answered by the Qur'an directly but the .4yar which will have some bearing are noticeable under the following headings:
(a) Injunctions where declaration about Haram is the sole prerogative of Allah and under His Command/Permission of the Holy Prophet (s. a. w. s.);
(b) Mention of. figures during the Suleman (p. b. u. t.);
(c) Allah being the maker of figures, to meddle with this task is satanic act;
(d) Artistic side of Creation of Allah (Jamal);
(e) Various facets‑ of Zeenat and Araish‑
[See Schedule I to this judgment (there is some overlapping in the selection and narration of the verses)].
(f) Some Commentaries on and use of what is, not prohibited by Injunctions of Islam. [See Schedule I‑A].
The clarification about Sunnah on pictures and their use and relevant Ahadiths‑all of them are noticed in a comparative study which is divided into sub‑headings as follows:
(a) Punishment for maker of picture.
(b) Mention about Angels not entering places containing pictures;
(c) Those with reference to Hazrat Aysha (r. u. h.);
(d) Those with reference to Hazrat Ali (r. u. h.);
(e) Those with reference to Hzarat Ibn‑Abbas (r. u. h.);
(f) Those with reference to Hazrat Talha (r. u. h.);
(g) Other Ahadiths‑[See Schedule II]:.
Two learned counsel for the parties both having worked with diligence presented refreshing arguments and material within their limited reach. It may be added to their credit that their presentation was with full convic tion, faith and fairness. One strongly opposed the proposition and the other with equal tenacity supported it. [See Schedule III and Schedule III‑A].
Three learned Scholars appearing as juris‑consults at our invitation, in their own right qualified to express opinion on the issue and representing two seats of learning of repute in Pakistan as also the Shia School of thought also assisted in resolving the controversy‑one of them took months after the main arguments, in completing his written statement‑though this period could be curtailed. Others also including the lawyers took considerable time in presenting their statements which were required to be submitted within few weeks. However, in view of the nature of controversy, the delay it seems is condonable. Amongst these Scholars also fair amount of divergence of opinion has been found. Generally speaking one has supported the proposition, the other opposed it while the third has adopted a somewhat middle course. [See Schedule IV, Schedule IV‑A and Schedule IV‑B].
The three judgments and conclusions of my very esteemed colleagues on the Bench although unanimous in result but divergent on reasoning, have satisfactorily dealt with three major aspects of the controversy each one highlighting one or the other shade also. In this sense only they have differed but the approach in the enquiry is guided by the well‑known rules of intellectual detachment and urge to reach the truth dispassionately looked at in this, light subject to the foregoing comment, with respect, the three judgments also represent divergent rationale of the three different points of view highlighted therein. Brief summing up of these opinions is contained in paras. (a), (b), (c) and (d) of our short Order and is as follows :‑
(a) Making and keeping of pictures or photographs of living being is forbidden by the Sunnah of the Holy Prophet (Sallallah‑o‑Allaihay Wassalam). This prohibition is relaxed only for a genuine social need, and, as the requirements of the photograph for the purposes of the Act are such as to make out a case of a genuine social need, they are not repugnant to the Holy Qur'an .and Sunnah.
(b) Where the photograph or a statue in any physical form, is meant for worship or homage it is forbidden in Islam. If a photograph or a picture is not complete it may not be impermissible. However, so far as the case of a picture to be attached to the National Registration Card is concerned, it does not fall within the forbidden category of pictures and, therefore, the relevant provision is not repugnant to the Holy Qur'an and Sunnah.
(c) The making or taking of photographs is neither forbidden in the Holy Qur'an nor disapproved by the Sunnah of the Holy Prophet (s. a. w. s:) if the intention, purpose and object for so doing is not for exhibiting them as a mark of worship/devotion nor as a challenge to the Creator but only for furthering the ends of the happy, harmonious, orderly functioning of the lives of the community and the proper organisation of the affairs of the State.
(d) If the matter is examined in yet another context, namely the new methods in historical evidence and Archaeological discoveries, which are in progress and many sites, as reported, are being dug in Arabian Peninsula alone, which point towards need for more detailed research regarding the Sunnah, on this subject, of the Holy Prophet (s. a. w. s.) together with the practice of the Companions and the Tabi eens for a long time after Hijra, then also at least till the completion of the new research, the conceptual scope of Urfl Maroof and Zeenat‑Ahah read with the Commands in the Holy Qur'an and Sunnah for their use by the Muslims under restrictions like those of Israf, Fohsh and Shirk, will make pictures in question, permissible."
In addition to the foregoing formulations relatable to the actual proceedings in Court, assistance offered in an informal way by some Scholars bas also not been ignored. The Director‑General of the Islamic Research Institute of Islamic University forwarded separate opinions of two of leis Scholars white two similar opinions were received including one of an Egyptian Scholar. These opinions are also not unanimous‑there is support and also vehement opposition to the proposition. They are attached herewith as Schedules V, V‑A, V‑B and V‑C.
I would divide the published opinions and other material coming to my notice into five categories:
(i) The Sunnah of the Holy Prophet (s. a. w. s.) and practice of the Sahaba (r. u. h.) contained in various compilations including the Books on Sunnah referred in the text of Schedules already attached. A short list is reproduced below:
(ii) Opinion of all the well‑known old masters (Aimma) and other jurists including those of the Modern times. They can be divided into three categories:
The old mentioned in the material already referred ; those of .the middle period : and of the later period.
They have been referred at various places. As seeming consensus according to some modern interpreters exists amongst all of them but on deeper scrutiny one finds more opposition to picture‑making than the support. Nevertheless as explained by some Scholars there is permission in the excepted spheres : For example when there is no respect for the article bearing a picture ; when it is woven in a cloth ; when it has no shadow or life sustaining limb ; when it is in the form of dolls and small figurines not capable of worship; or, when it is not in a position/place of reverence ; or when it does not show wordly agrandisement ; or is not used as a 'wall covering ; or, comes in the category relating to Iztrar or Zaroorat. Photo graphic pictures if not falling under any un‑Islamic practice other wise, have also been exempted by some Scholars. The exceptions are clearly stated but some writers have even then advised caution and/or avoidance.
(iii) The modern Muslim. Scholars including those mentioned in Encyclopaedia of Islam. In addition well‑known Scholars : Maulana Abu Al‑A'ala Maudoodi in his celebrated work Tafhim‑ul‑Qur'an ; Maulana Mufti Muhammad Shafi; Syed Suleman Nadvi‑his both views published in Muaraf 1919 and the Review; Shaikh Muhammad Bakhit of Egypt ; Sheikh Abdul Aziz Bin Baz of Saudi Arabia ; Dr. Yoosaf Qardavi of Doha Qatar ; Dr. Noor Muhammad and Mr. Muhammad Yousaf Faruqi (both of Islamic Research Institute of International Islamic University and Dr. Lois Lamya Al Faruqi Professor of Religion and Arts in Temple University Philadelphia, U. S. A. They are divergent but clear views in this category for and against the proposition‑the available writings by them are made part of this judgment as Schedules VI, VI‑A, VI‑B, VI‑C, VI‑D, VI‑E, VI‑F, V and V‑A.
(iv) Other writings who though not referred by some may be mentioned as:
(v) The views of Western Scholars from amongst scores of whom I was able to note only few, mentioned in the Books in English contain direct or indirect discussion on the subject. They are (so far noticed) with their particulars and page numbers:
| Name of the Book | Author/Publisher | Edition | Page/s No./s |
| 1. The Legacy of Islam | Edited by Sir Thomas Arnold and Alfred Guillaume Oxford University Press. | 1968 | 94, 95, 109, 117, 125, 140, 147, 151. |
| 2. The Legacy of Islam | Edited by the late Joseph Schacht with C. E. Bosworth Oxford at the Clarendon Press. | 1974 | 247, 253, 260, 266, 277, and Fig. 5, 45 and 46 in Index. |
| 3. Islamic Culture The Hyderabad Quarterly Review | From: Dayal Singh Trust Library 292, 295. Published by: Dayal Singh Trust Library, Nisbet Road, Lahore. Printed at Al‑Jedda Printers, Lahore: | 1927 | 152, 158, 292, 295. |
| 4. The Majesty that was Islam The Islamic World 661‑‑ 1100 ; , | By W. Montgomery Watt 1974 Printed in Great Britain by William Glowes & Sons Ltd., London, Beccles and Colchester for Sidgwick and Jackson Ltd. . 1 Tavistock Chambers, Bloomsbury Way, London W. G. 1A 2 SG | 1974 | 4, 5, 78, 82, 83. |
| 5. Cultural Side of Islam (Islamic Culture) | By Muhammad Marma duke Pickthall Printed at Ashraf Press, Lahore and Published by Sh. Muhammad Ashraf, Kashmiri Bazar, Lahore. | 1979 | 76. |
| 6. Art and Cities of Islam | By R. A. Jairazbhoy Printed in India by Arun K. Mehta at Vakil & Sons Private Ltd., Published by: P. S. Jaya‑ singhe Asia Publishing House, Bombay. | 1964, | |
| 7. Art of Islam | Text by Carel J. Du Ry Harry N. Abrams, Inc. Publishers New York. | 1970 | 7, 10, 23, 25‑27, 30 33, 60, 61, 84, 85, 104, 114, 115, 255. |
| 8. Ars Islamica | Editor Richard Ettinghausen Pub: Kraus Reprint Corporation New York (Vols. XI & XII) | 1968 | 54, 56, 60 75, 80‑91, 166. |
| 9. Encyclopaedia of Religion and Ethics, Vol. I | Edited by James Hastings Printed in Great Britain by Morrison and Gibb. Ltd.for T & T Clark, Edinburgh New York: Charles Scribner's Sons | 1974 | 746, 747, 875 ‑ 877, 880 ‑ 884, 886, 887, 897 and 102 |
| 10. The Genius of Arab Civilization Source of Renais‑ Sance | Editor John R. Hayes, The M. I. T. Press Cambridge Massachusetts. | 1978 | 29, 77, 80, 93, 110, 131, 162, 178, 193, 201, 205 |
| 11. Islamic Painting and Arts of the Book | Edited by B. W. Robin‑ son. Publishers Faber and Faber Limited, 3, Queen Square, London. | 1976 | 26, Platel of Mono‑ chrome Plates and Plate 3 |
| 12. History of the Arabs | By Philip K. Hitti Published by The Macmillan Press Ltd., London and Basingstoke | 1980 | 420 |
| 13. Islamic Art | David Rice Thames and Hudson 30 Bloomsbury Street, London, W.C. 1. | 14‑27 | |
| 14. The Cambridge History of Islam (Vol. I‑A) | Edited by P.M. Holt Cam‑ bridge University Press Cambridge | 1979 | 100‑103 |
| 15. The Cambridge History of Islam (Vol. 2‑B) | ‑do‑ | 1977 | 704, 708, 709. |
| 16. Textiles in Pakistan | |||
| 17. Arts and Crafts Pakistan | |||
| 18. Pakistan Hand knotted Carpets | |||
| 19. Islam and Art | By Dr. Lois Lamya Al Faruqi, National Hijra Council, Islamabad, Pakis tan. | 1985 | 95 to 103 |
| 20. Encyclopaedia of Islam | By Leiden E. J. Brill. Printed in Netherlands | 1979 | |
| 21. Encyclopaedia Britanica | William Benton, Publisher, Helen Hemingway Benton, Publisher, The University of Chicago. 15th Edition. | 1943 1973 1973 1974 |
In Encyclopaedia Britanica (1980 Edition) include Articles on Art- paintings and tapestry not only in Muslim areas but also Chinese, Indian, Roman and Iranian to see what type of cloth with what designs and images was available in markets of Mecca and Madina at the relevant time for making curtains, quilts, chadders and pillows, the mention of which is found in some 4hadiths more particularly those having reference to Hazrat Aysha Saddiqa (r. u. h.). Many of the Western Scholars have not made any research of their own and have tried to follow various Muslim Schools of thought on the subject with a general tone of prohibition, but also citing exceptions. It is interesting to note that information on mer chandise in trade from China during the relevant period shows unusual animal figures of dragons woven in silk; from India the figures of freak human beings and animals and pictures showing worship of Prophet Christ and virgin mother Mary in Roman sources. They must .have been the subject of prohibition if not others. This research shows that the Chinese and Indian representational art in cloth which undoubtedly was available in Arabian markets during Prophet's (s. a. w. s.) time did show freak creations of man and not of God. But in Greeco‑Roman merchandise imaginary human figures of Prophets (Adam, Ibrahim, Moses, Jesus (p. b. u. t.) and even of gods of the old civilizations were printed or woven. One can imagine the aboherence of the Holy Prophet (s. a. w. s.) if such material came to his notice particularly when it was shown reve rence, respect or was used for worship.
Photostat copies of the relevant parts of some of these Books, though not being attached herewith but will remain on the record of the case. However, most controversial from them namely Chapters on Images in Islam in three Books at Serial Nos. 6, 8 and 19 in the above list are attached herewith (Schedules VII, VII‑A and VII‑B) with some comment in another part of this judgment. Others of which photo copies have not been made are for example Art of Islam which contain illustrations of Qasr‑ul‑Amrah and Khitbat al Mafjar as also a Bronze ewer with text relating to figure of Caliph Hisham and use of chessmen; as also other illustrations of Bowl and Rugs, table, plate. In the Majesty that was Islam mention is made of trade in fabrics and rugs with pictures. In Cam bridge History, Volume I‑A is found discussion on use of pictures in every day like of early period of the Umayyads. And in Volume 2‑B are illustra tions of pictorial representations. All these subjects are also in the En cyclopaedia of Religion and Ethics, Volume I. The three books from Pakistan also have bearing on history of Representational Art in Islam.
Some Scholars like Caswell in Ars Islamicus (Article on the Lawfulness of Painting in Farly Islam, Schedule VII‑A) and Jaizasehoy. in Arts and tire Cities of Islam (Chapter IV‑The Question of Images Schedule VII) have struck a new theme, which right or wrong unfortunately, to my surprise has not been noticed by the Muslim Scholars whose works have been taken note of in the present discussion. It is the historical approach supported by some Archaeological discoveries. They tend to show that problem as involved in the present controversy did not arise during the time of the Holy Prophet (s. a. w. s.) and the authenticity of some of the most important pieces of Sunnah has been put under close scrutiny by them. I would try‑ to correct with positive rebuttal evidence ; but the view nevertheless creates an impression worth noticing as it has a food for valuable thought. Some prima facie relevant material has been relied upon by them to show that during the first and also to some extent second Hijra Century period, it seems prohibition regarding pictures was not seen in practice. They have mentioned some archaeological discoveries and historical material and evidence also.
Last of all it would be appropriate in this connection to mention some of the exhibits in Islamic Museum Cairo and of recent archaeological discoveries in Middle East (see Book Reviews in Ars Islamica, Volumes XI and XII and a recent Article in Reader's Digest about excavation at about one hundred paces which have rendered some results). It is also of interest to mention an exhibit in Sind Museum at Karachi which might throw some light on the historical aspect. It shows use of pictures on coins during first Century Hijra. The photo copy of the coin and the Certificate/ Descriptive Note issued by National Museum of Pakistan, Karachi, are reproduced below:
Government of Pakistan
Monogram National Museum of Pakistan
Burns Garden
No. 14/4/83‑1245 Karachi, the 9th February, 1984.
To P. S. to
Mr. Justice Muhammad Afzal Zullah,
Supreme Court, Karachi
Sir,
Reference your telephonic conversation regarding gold coin of Abdul Malik bin Marwan, I have the honour to send herewith a descriptive note alongwith plates of the coin for your kind perusal.
Your obedient servant,
(Sd.)
9‑2‑1984. for Superintendent,
National Museum of Pakistan
Enclosures:
(1) Two, obverse and reverse plates of the coin Enlargement (2)
(2) Descriptive note.
DESCRIPTIVE NOTE ON GOLD OF ABDUL MALIK BIN MARWAN (A.H. 65-86)
On, unique cold coin (dinar) or Abdul Malik bin Martha (A.H. 65‑86/A.D.685‑705) Ummyad Caliph. The coin was minted in 74 A.H. Details of the coin are as follows:
Obverse : Standing figure of the caliph.
Clockwise Inscription
Reverse : In the centre : Shaft on a four based pedestal.
Clockwise Inscription:
National Museum Accession No. N. M. 1957.1036
Reference : Miles G. George "Byzantine Miliaresia and the Arab Dirham. P. 189.
Government of Pakistan
Monogram National Museum of Pakistan
Burns Garden
Karach, the 13th February, 1984.
It is certified that a gold coin of Abdul Malik Bin Murwan minted in 74 A. H. (National Museum Accession No 1957‑1036) was acquired in 1957 by the National Museum of Pakistan from M/s. Elie Bustros, Rue Saint Nicolas, Paris through the Mon : Raul Curial, the then Director of Archaeology, Pakistan.
(Sd). 13‑2‑1984
CURATOR (Num)
National Museum of Pakistan
(Pervin T. Nasir)
Curator (Num)
National Museum of Pakistan."
The issue might be further clarified by the archaeological excavations going on in the Arab World.
There is need for some discussion on the most controversial point of view represented by Caswell and Fairozphoy and would try to point out that their thesis is not wholly correct. An extenso reproduction of both of them is essential. They are in Schedules VII, VII‑A. The view of Dr. Lois Lamya Al Faruqi in his book Islam and Art partly dealing with the historical controversy is attached herewith as Schedule VII‑B.
The Christian Scholars might be correct (it is yet to be seen) that there was a compact between a jew, for whom picture making was prohibited, and a Muslim Ummahad Caliph Yazid II, on the latter's support to the prohibi tion of pictures in support for the Jewish support for his throne. But that by itself would not show that picture making of every type was permissible during the first era of Islamic history. Seeking the support from the ancestry of Hazrat Ibni Abbas (r. u. h.) by one of the authors would also not support the jewish or for that matter Christian view of history on this point. Why refer to ancestry here, it is well‑known that Hazrat Ibni Abbas (r. u. h.) was not only one of the closest Companions of the Holy Prophet (s. a. w. s.) but also was one of the most trustworthy certificated bearer of the Sunnah. His place amongst the Companions is recognised as very high. His versions get sufficient support from those of Hazrat Aysha Siddiqa and Hazrat Talha (r. u. h.)
Evidence is there in the two aforequoted views (Schedules VII and VII‑A) of the Western Scholars about some prohibition as also partial permission. But they were not able to visualise, due to ignoring the well. known principles of abrogation and amendment tit Islamic Fiqah. As would tae observed, till further search and discoveries are made in historical and archaeological research in my view the material placed before us makes out a case of prohibition first and then partial modification and permission. Besides other corroborative material this view also finds support from Quranic verses on the subjects of Maroof, Haram and Tamasil. I do not agree that in matter of doubt about authenticity and interpretation of Hadith on question of Haram, it should necessarily be read in favour of the latter. Qur'an and Sunnah do not permit such a general supposition, each subject has to be considered in the light of the Qur'anic and Sunnah Injunc tions in their own context.
It is no use repeating here arguments which some eminent Scholars have advanced in favour of the proposition that initially due to his own knowledge and teaching from God Almighty, the Holy Prophet (s. a. w. s.) was in favour of strong prohibition against picture making of living beings and their use but in the later period it was relaxed to a considerable extent perhaps, due to enough education of the Companions on the subject‑matter in issue. I would therefore close my opinion by relying generally on and following the views of the well known Scholars of our own times. One by Syed Suleman Nadvi's Article on Pictures published in Moarif of 1919, Schedule VI‑C.
It may be clarified that according to one version the sage and Schola had reviewed his opinion later on. I have read this view in some Journal but despite my best effort could not find the text of the reviewed opinion. Be that as it may, the original reasoning and opinion reproduced in Schedule VI‑C appears to me very logical and I follow the same. The second writing on this aspect worth noticing is of Dr. Muhammad Yousuf Qardvi already attached herewith as Schedule VI‑F. Accordingly the photograph in dispute in this case when tested on the reasoning in these writings is not prohibited by the Injunction of Islam.
Before parting with this judgment, I would like to state a hypothesis based on the above studies. It would, of course, be subject to further r search in the subject in question.
During pre‑Islamic period representational art in various lands 'in cluded Human and Animal Figures in Architecture ; Rugs and Carpets ; Tapestry ; Silk and Woven Cloth; Paintings ; Sculpture (including ceramics); Wood Carvings and similar illustrative art in literature like Arabian knights. Comparative study of the 100 years Hijra period with Byzantine, Mesopo tanian, Chinese. Indian, Egyptian and Persian contact give a picture of the then contemporary art forms in figurative representation. They contained objects, which were imaginary and could not be treated as God's creations. In the Qur'an there was no prohibition despite prevalent use of figurative art since pre‑Islamic period and the time during which Qur'an was being revealed except that in S. 4, V. 119, there is reference to making Chang in God's creation as a satanic act. But clear prohibition of making an p worshipping idols as haram act distinguished from paintings and sculpture figures arid dolls is found in numerous verses. There are passages in the Qur'an which encourage artistic ventures and exercise as a form of human development. Rather figurative paintings are mentioned with mild tacit approval during the period of Prophet Suleman (p. b. u. h). At the same time Qur'an prohibits what comes in conflict with Tauheed or anything which partakes of shirk. Therefore, taking all this into consideration the making of such figures which are of abnormal creatures would not at all be permissible under Qur'anic Injunctions.
The details as in many other matters were left to the Sunnah of the Prophet (s. a. w. s.) or the practice of the Ummah in the nature of Islamic The chronology of the Sunnah shows that there was no prohibiting Sunnah during Meccan period nor early Medina period, which shows that then there was not large scale use of paintings of abnormal beings showing traces of Shirk. That is why there is no unanimity on the views on innocent use of human and animal forms even inside the Ka'aba and on the buttons and finger rings of the Companions or for that matter the use of small dolls. In the early period, one thinks, this limited per missiveness perhaps led to the use of objectionable forms during middle and latter Medina period. This was curbed by a heavy hand in the Sunnah of the Prophet (s. a. w. s.) which incidentally was supported by Angel Gabriel, not in the revelation of the Quranic text but in his mutual instruc tive dialogue with the Prophet (s. a. w. s.). It is during this period that destruction of all paintings was ordered as an extreme remedial measure and in that use was made even of courage and forthrightness of Hazrat Ali (r. u. h.), where others had failed. This period of strictness is followed by relaxation till the death of the Prophet (s a. w. s.) It is during this period that use of paintings with woven figures was made except when it disturbed prayer. They were permitted in the making of pillows and spreading of the rug in the room. The strict prohibition was shorilived and was followed by relaxation ; therefore, for the early period within a century of Islam people paid less attention to the prohibiting Sunnah and following the Christian practice as distinguished from Jewish continued the relaxed attitude. It is during this period that two factors played a part in the revival of the prohibition: One, Jewish attempt to wreak vengeance on Christianity by influencing an Ummayyad Caliph to revive the prohibition on the basis of earlier part of Sunnah, ignoring the second part of relaxation. The caliph and well meaning Muslims1must have been receptive because of the misuse of the relaxation e. g., Muslims had also during these 100 years started making pictures of objectionable characters. Accordingly once more the Caliphate and the Ullamah dealt with it in a strict manner. And it is during this next 100 years that the Sunnah regarding prohibition which had remained dormant earlier came to be compiled. This background would show as to why there was prohibition for sometime and after the eradication of the evil the relaxation came and then the circle has repeated itself. That is why prohibition is linked with Shirk while relaxation is linked with innocent pursuits and law of if necessity.
In the light of the foregoing discussion I hold that the photograph required to be affixed on the National Identity Card is not prohibited by the Injunctions of Islam as contained in the Qur'an and Sunnah. The appeal fails and agreeing with my learned brothers I would dismiss it.
Injunctions where declaration about Haram is the sole pre rogative of Allah and under His Command/Permission of the Holy Prophet (s. a. w. s.)
Mention of figures during the time of Prophets Ibrahim and Suleman (p. b. u. t.)
Allah being the maker of figures, to meddle with this task is satanic act.
Artistic side of Creation of Allah (Jamal)
Various facets of Zeenat and Araish
I‑A
Martif ...
II
(a) Punishment for maker of picture
(b) Mention about Angels not entering places containing pictures
(c) Those with reference to Hazrat Aysha (r. u. h.)
(d) Those with reference to Hazrat Ali (r. u. h.)
(e) Those with reference to Hazrat Ibn Abbas (r. u. h.)
(f) Those with reference to Hazrat Talha (r. u. h.)
(g) Other Ahadiths ... ... ...
III. Written arguments by Mian Nazir Akhtar, Advocate.
III‑A Written arguments by Syed Riazul Hasan Gilani, Advocate.
IV. Written Statement by Dr. A. W. J. Halepota, the then Director‑General, Islamic Research Institute.
IV‑A. Written Statement by Professor Dr. Qazi Mujibur Rehman, Head of Islamic Studies, Peshawar University.
IV‑B. Written Statement by Dr. Syed Sibte Hassan Rizvi Juris‑consult.
V. Written Opinion of Dr. Nur Muhammad, Islamic Research Institute.
V‑A. Written Opinion of Mr. Muhammad Yusuf, Islamic Research Institute.
V‑B. Written Opinion of Dr. Abdul Jawad Khalaf, Dean, Faculty of Hadith, Jamia Abi Bakar Islamia, Karachi.
V‑C. Written Opinion of Mr. Khalilur Rahman Lakhwi, Abi‑Bakar Islamic University, Karachi.
VI. Urdu Dayrah Muarif Islamia, Vol. VI, Urdu Encyclopaedia of Islam by Punjab University.
VI‑A. Tafheemul Quran, Vol. IV, Commentary on the Holy Quran by Maulana Abul A la Moudoodi.
VI‑B. Written Opinion of Maulana Mufti Muhammad Shafi‑Adarat -ul‑Muarif.
VI‑C. Written Opinion of Syed Suleman Nadvi from Muarif Issue of 1919.
VI‑D. Written Opinion of Sheikh Muhammad Baakhit Matie‑Mufti -Egypt.
VI‑E. Written Statement by Sheikh Abdul Aziz Bin Baz of Saudi Arabia.
VI‑F. Written Statement by Dr. Yusuf Al.Qardvi of Doha Qatar
VII. Art and Cities of Islam (Chapt IV‑The Question of Images) by R. A. Jairazbhoy.
VII‑A. Ars Islamica, Vols. XI‑XII (Article on The Lawfulness of Paintings in Early Islam) by K. A. C. Creswell together with Book Reviews.
VII‑B. Islam and Art (Chapter IV‑Figural Painting) by Dr. Lois Lamya' Al Faruqi.
Injunctions where declaration about Haram is the sole prerogative of Allah and under His Command/Permission of the Holy Prophet (s. a. w. s.).
Al‑Qur'an
5:90;2; 186;9:29;7:157;7:33; 14:116;9:31;2: 173; 5:2; 5 : 87 ; 5 : 90, 91 ; 6 : 121 ; 6 : 145 ; 2 : 168, 169 ; 5 : 1,‑ 2 ; 5 : 4 , 5 ; 5:96; 7:31,32; 8:69;16:114;16:116; 22:30;22:36;24:61; 66 : 1 : 3 : 3 ; 7 : 11 ; 59 : 24 ; 55 : 3 ; 64 : 3 ; 40 : 64.
6:2:30:11:30:44;4:1;6:2;15:26; 23; 12 to 14; 25:54; 39. ;40:67;49 :13 ;18:36 to 40;76:2,3;86:5 to 7.
4:119; 17:36.
Mention of figures daring the time of Prophets Ibrahim and Suleman (p. b. u. t.).
Al‑ Qur'an‑
21 : 52 ; 34 : 13 ; 21 : 52 ; 21. : 59 ; 34 : 13.
Written argumentation of Qazi Majib‑ur‑Rehman, p. 10 Allah being the maker of figures, to meddle with this task is satanic act.
Al‑Qur'an‑
40 : 64 ; 64 : 3.
6 : 74 ; 14 : 35 , 36 ; 21 : 51 to 67 ; 22 : 30 , 31 ; 26 : 69 to 74.
Artistic side of creation of Allah (Jamal).
Al‑Qur'an‑
39 : 55 ; 28 : 57 ; 64 : 8 ; 20 : 50 ; 4 : 119 ; 3 : 6 ; 59 : 24 ; 66 : 1 ; 82 : 6 to 8 ; 95 : 4 : 23 : 14 ; 20 : 86 ; 20 : 96 ; 5 : 4 ; 5 : 16 : 8 : 21 , 52 to 57 ; 45 : 4 & 13 ; 7 : 31 to 33 ; 37 : 96, 125 ; 16 : 6 ; 18 : 7 ; 18 : 51 ; 30 : 30 ; 32 : 7 ; 34 : 13. ; 20 : 50 ; 35 : 1 ; 40 : 64.
Various facts of Zeenat and Araish.
Al‑ Qur'an‑
7 : 31 ; 32 ; 18 : 28, 46 ; 24 : 60 ; 16 : 14.
Al‑Qur'an ---
7 : 157 ; 3 : 104 ; 7 : 199 ; 9 : 6" ; 9 : 72 ; 22 : 41 ; 31 : 17 ; 2 : 26, 171 ; 3 : 59 ; 6 : 122 ; 7 : 40, 58 ; 11 : 24 ; 16 : 26 ; 60 : 74, 75. 92 ; 17 : 48, 89 ; 18 : 32, 44, 54 ; 25 : 9, 33, 39 ; 29 : 43 ; 30 : 27 ; 28, 58 ; 36 : 13, 28 ; 28 : 79, 81 ; 39 : 27, 29 ; 41 : 39 ; 43 : 8 ; 17, 56, 59 ; 45 : 23 ; 47 : 3, 10, 15, 38 ; 59 : 15, 17 ; 63 : 4 ; 46 : 10, 12 ; 67 : 22 ; 68 : 17, 32 ; 74 : 31.
Other references.
Tafseer Ibn‑i‑Kamar, p. 56.
Maudoodi : Tafhim‑ul‑Quran, Vol. 1, pp. 138, 277, 278 & 510.
Maruf‑ul‑Quran, p. 134.
Tafseer‑i‑Mazhari, Vol. II, p. 329.
Tadabar‑i‑Quran, Vol. I, p.438, Vol. II, pp. 154 & 602, Vol. III, p. 244.
Maruf‑ul‑Quran: Vol. III, pp. 250 & 530.
Maudoodi‑Tafhim‑ul‑Quran, Vol. II p. 18.
Al‑Qur'an---
2 : 178 ; 180, 228, 229, 231, 232, 233, 234, 236, 240, 241, 263, 3 : 101, 110, 114 ; 4 : 6, 19, 25, 114, 7 : 157 ; 9 : 67, 71 : 157 ; 9 : 67, 71,112;41:22;31:17;47:21;60:12;65:2,3.
Fakhr‑ud‑Din Razi, Tafseer‑i‑Kabir, Vol. VIII, p. 167.
Mahmud Anoosi : Tafseer‑Rooh‑ul‑Muani, Vol. IV, p. 27.
Ibn‑i‑Hajar Asqalani; Fatuh‑Al‑Bari, Vol. XIII, p. 55.
Shankani‑Irshad‑ul‑Faool ila Tahqiq‑ul‑Haq Min Ilm‑ul‑usual, p. 77.
Amin Ahsan Islahi: Tadabbar‑i‑Quran, p. 439.
Ahadis:
---Sheikh Muhammad Najeef Mufti‑a‑Misar, Written argumentation by Khalilur Rehman, p. 22.
‑--Jawaz‑i‑Taswir (Urdu translation), p. 2:
‑--Written argumentation by Qazi Majib‑ur‑Rehman, p. 12.
‑--Sheikh Muhammad Najeef Mufti (Egypt) Jawaz‑i‑Taswir, p. 5.
‑--Mufti Ahmad Yar Khan: Mishkat‑ul‑Masabih, p. 195.
‑--Imam Abu Jaffar Ahmad. Shara‑Moani Alazar (Urdu translation) p. 438.
---Hasnain Raza Khan: Shafa‑Alwalah‑fi‑Surat‑ul‑Hasab Wa Mazar wa Maqala, p. 6.
‑--Abul A'la Maudoodi: Tafhim‑ul‑Quran, Vol. IV, p. 184.
‑--Written arguments of Nazir Akhtar, p. 110, Hadis No. 6.
‑--Allama Wahid‑uz‑Zaman: Sahib Muslim Sharif (Urdu translation), p. 325.
Qari Muhammad Adil Khan & Qari Muhammad Fazil Qureshi: Sahib Bokhari Sharif (Urdu translation), pp. 347, 348, Hadis Nos. 897 & 901,
‑-Allama Wahid‑uz‑Zaman: Al‑Moatta of Malik bin Ans (Urdu trans lation), pp. 491 & 673.
‑--Abdul Aziz Bin Baz: Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 15, Hadis No. 10.
---Mufti Muhammad Shafi: Taswir Ke Shari Ahkam, p. 19, Hadis No. 8.
‑--Qardhavi: Islam Mein Halal‑o‑Haram, p. 150.
‑--Agha Wahid‑uz‑Zaman‑Tafsir‑ul‑Bari Shara Sahib Bokhari‑, pp. 549‑550.
‑--Muhammad Bin Abdulla: Mishkat Sharif, Vol. II, p. 412.
‑--Written arguments of Mian Nazir Akhtar, Advocate, p. 23.
‑--Muhammad Najif Mufti (Egypt) Jawaz‑i‑Taswir (Urdu), p. 3.
--‑Agha Wahid‑uz‑Zaman: Tafsir‑ul‑Bari Sharah Sahib Bokhari, p. 546.
--‑Mufti Muhammad Shafi : Taswir ke Shari Ahkam, p. 15, Hadis No. 1.
‑--Qardhavi : Islam Mein Halal‑o‑Haram, p. 144.
‑--Sahih Bokhari, Vol. III (published by Muhammad Adil Khan, Lahore), p. 346.
‑--Maulana Abu‑Saleh Muhammad Faiz Ahmed ; Aswa Al‑Taswir fi Tashir‑ul‑Taswir, p. 10.
‑--Syed Suleman Nadvi : Moarif (1919), p. 262.
‑--Urdu Daira Muarif Islama, Vol. VI, p. 443.
‑--Moani‑Al‑Asar (Urdu), p. 440.
‑-‑Allama Wahid‑uz‑Zaman : Sabih Muslim Sharif, p. 326.
‑--Written arguments of Mian Nazir Akhtar, Advocate, p. 113.
‑--Monthly "Razai‑Mustafa", Vol. 15, No. 8 (August, 1973, Gujran wala), p. 14.
‑--Syed Suleman Nadvi : Moarif (1919), p. 171.
‑‑-Abul Ala Maududi: Tafhim‑ul‑Qur'an Vol. IV, p. 183; Hadis No. 7.
‑--Hasnain Raza Khan : Shafa‑al‑Wala fi Sural‑hasib wa‑Marara‑wa -hala, p. 3.
‑--Sonin Nasai, p. 354.
‑--Mirat‑ul‑Misajih (Urdu translation of Mishkat‑ul‑Masabih), p. 201.
‑--Ministry of Religious Affairs : Resolution relating to Taswir, p. 1.
--‑Abdul Aziz bin Baz: Taswir Kashi ki Shari Hasiat Aur Islam Mein Parde ka Hukam, p. 12.
‑--Muhammad Bin‑Abdullah, Mishkat Sharif, Vol. II, p. 413; Hadis No. 9/4296.
‑--Sheikh Muhammad Najeef Mufti (Egypt), Jawaz‑i‑Taswir (Urdu), p. 1 : Mufti Muhammad Shafi : Taswir ke Shari Ahkam, p. 14, Hadis No. 2 : Sahih Bokhari, Vol. III, p. 346.
‑--Agha Wahid‑uz‑Zaman: Sahih Muslim Sharif, Vol. V, p. 326.
‑--Sonin Nisai. Vol. III, p. 314.
‑--Syed Suleman Nadvi : Moarif (1919), p. 171.
--‑Abul A'la‑Maudoodi : Tafhim‑ul‑Quran, Vol. IV, p, 183.
‑--Daira Moarif Islamic, Vol. VI, p. 443.
‑--Abdul Aziz bin Baz : Taswir Kashi ki Shari Hasiat Aur Islam Mein Parda ka Hukam, Parda, p. 12 (Hadis No. 3).
--‑Mian Nazir Akhtar : Argument, p. 112.
--‑Khalil‑ur‑Rehman Lakhvi : Written arguments, p. 3 (Hadis No. 1).
--‑Hasnain Raza Khan : Fi Saur‑ul‑Hasid, p. 4.
--‑Moani‑al‑Asar, Vol. IV, p. 442.
--‑Article, "Islam Aur Taswir", p. 2.
--‑Allama Wahid‑uz‑Zaman ; Sahih Muslim, Vol. V (Urdu), p. 328.
---Sheikh Muhammad Najif Mufti : Jawaz‑i‑Taswir, p. 4.
‑--Mufti Muhammad Shafi : Taswir ke Shari Ahkam, p. 14 (Hadis No. 3).
‑--Imam Abu Jaffar Ahmad : Moani‑Al‑Asar, Vol. IV, p: 436.
‑--Abul A'la‑Maudoodi : Tafhim‑ul‑Quran, Vol. IV, p. 182.
‑--Tafsir‑Al‑Bari (Shara Sahih Bokhari), p. 547, Sabih Bokhari, Vol. III p. 346.
‑--Abdul Aziz bin Baz : Taswir Kashi ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 11 (Hadis No. 1).
--‑Article "Islam Aur Taswir", p. 1.
‑--Syed Suleman Nadvi : Moarif (1919), p. 262.
--‑"Razai Mustafa", Vol. 15, No. 8 August, 1973, p. 14.
--‑Hasnain Raza Khan : Fi Saur‑al‑Hasib, p. 4.
--‑ Qazi Muhammad Sana Ullah Usmani Tafsir‑i‑Mazhari, Vol. IX, p. 459.
‑--Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), Vol. VI, p. 201.
--‑Mishkat Sharif, Vol. II, p. 413.
‑--Mian Nazir Akhtar : Written arguments, p. 113.
‑--Syed Sulaiman Nadvi : Moarif (1919), p. 172.
‑--Fikro‑Nazar'. Islamabad, August, 1980, p. 49.
‑--Oardhawi : Islam Mein Halal‑o‑Haram, pp. 136, 150.
‑--Abu Saleh Muhammad Faiz Ahmad ; Aswa‑Altazir‑Fi Taswir‑ul -Taswir, p. 10.
‑--Sheikh Muhammad Najif Mufti (Egypt) Jawaz‑i‑Taswir, p. 110.
‑--Mufti Muhammad Shaft : Taswir ke Shari Ahkam, p. 16 (Hadis No. 6).
‑--Abdul Aziz bin Bazi : Taswir Kashi ki Shari Hasiat Aur Islam Mein Parda, p. 14.
‑--Article "Islam Aur Taswir", p. 2.
‑--Tafsir‑ul‑Bari (Shara Sahih Bokhari), p. 548.
‑--Qardhawi: Islam Mein Halal‑o‑Haram, p. 136.
‑--Sahih Muslim (published by Khalid Ihsan, Lahore), p. 324.
‑--Sonin Nisai : Vol. III, p. 352.
‑--Moani‑Al‑Asar : Vol. IV, pp. 437, 438.
‑--Sahih Bukhari Sharif : Vol. III, p. 347.
‑--Mirat‑ul‑Masajeh (Shara Mishkat‑ul‑Masabib), Vol. VI, p. 199.
‑--Khalil‑ur‑Rehman Lakhvi : Written arguments, p. 19,
‑--Qazi Majib‑ur‑Rehman : Written arguments, p. 16.
‑--Mian Nazir Akhtar: Written arguments, p. 112.
‑--Abdul Aziz bin Baz: Taswir Kashi ki Shari Hasiat Aur Islam Main Parda, p. 15.
‑--Moani‑Al‑Asar, Vol. IV, p. 135.
‑--Abul A'la Maudoodi: Tafhim‑ul‑Qur'an, Vol. IV, p. 184.
‑--Aswa‑ul‑Tazir Fi Taqsir‑ul‑Taswir, p. 12.
‑--Sahih Muslim (Urdu), p. 324.
‑--Mian Nazir Akhtar: Written arguments, p. 111.
‑--Abdul Aziz bin Baz: Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda, p. 12 (Hadis 4).
‑--Sonin Nisai, Vol. III, p. 353.
‑--Shafal‑wala Fi Saur‑ul‑Hasib, p. 4.
‑--Monthly "Rehnamai Mustafa", Gujranwala, Vol. 15, No. 8. p. 14.
‑--Abul A'la Maudoodi: Tafhim‑ul‑Quran, Vol. IV, p. 182.
‑--Tafsir‑i‑Mazhari, Vol. IX, p. 459.
‑--Moani‑Al‑Asar, Vol. IV, p. 441.
--‑Daira‑i‑Moarif (Urdu), Vol. VI, p. 112.
‑--Qardhawi: Islam Mein Halal‑o‑Haram, p. 12.
‑--Tafsir‑ul‑Bari (Shara Sahib Bokhari), Vol. V, p. 551.
‑--Sahib Bokhari, Vol. III, p. 349.
‑--Mufti Muhammad Shafi: Taswir Ke Shari Ahkam, p. 14.
‑--Mian Nazir Akhtar: Written arguments, p. 113.
‑--Mishkat Sharif, Vol. II, p. 415.
‑--Article "Islam Aur Taswir", p. 5.
‑--Abul A'la Maudoodi: Tafhim‑ul‑Qur'an, Vol. IV, p. 183.
‑--Moani‑Al‑Asar: Vol. IV, p. 441.
‑--Aswa‑ul‑Tahzir Fi Taqsir‑ul‑Taswir, p. 11.
--‑Sahih Muslim Sharif: Vol. V, p. 327.
‑--Sonin Nasai: Vol. III, p. 353.
‑--Syed Suleman Nadvi: Moarif (1919), p. 261.
‑--Tafsir‑i‑Mazhari: Vol. IX, p. 458.
‑--Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), Vol. VI, p. 202.
‑--Shafal‑wala: Fi Saur‑ul‑Hasib, p. 13.
‑--Ain‑ul‑Hedaya: Vol. 1, p. 518.
‑--Abdul Aziz bin Baz: Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 13 (Hadis No. 6).
‑--Mufti Muhammad Shafi: Taswir Ke Shari Ahkam, p. 29 (Hadis 14).
‑-- Mian Nazir Akhtar, Advocate: Written arguments, p. 9.
---Mishkat Sharif, Vol. II, p. 414.
---Mirat‑ul‑Masajih (Shara Mishkat-ul‑Masabih), Vol. VI, p. 202.
---Jama‑i‑Tirmazi Sharif, Vol. 1, p. 766.
---Aswa‑ul‑Tahzir Fi: Taswir‑ul‑Taswir, p. 11.
---Shafal‑wala: Fi Saur‑ul‑Hasib, p. 3.
---Mian Nazir Akhtar: Written arguments, p. 114.
---Mishkat Sharif, Vol. II, p. 415.
---Tafsir‑i‑Mazhari: Vol. IX, p. 459.
---Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), Vol. VI, p. 205.
---Shafal‑wala: Fi Saur‑ul‑Hasib, p. 4.
---Aswa‑ul‑Tabzir Fi Taswir-ul‑Taswir, p. 11.
---Mian Nazir Akhtar: Written arguments, p. 111.
---Sahih Bokhari Sharif, Vol. 111, p. 345.
---Tafsir‑ul‑Bari (Shara Sahih Bokhari), Vol. V, p. 551.
---Abdul Aziz bin Baz: Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 12.
Angels not entering places containing pictures.
---Muhammad Najif Mufti: Jawaz‑i‑Taswir, (Urdu), p. 7.
---Aswa‑al‑Tahzir‑Fi‑Taswir‑ul‑Taswir; p. 18.
---Abdul Aziz Bin Baz: Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 12.
---Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), Vol. VI, p. 204.
---Shafal‑wala: Fi Saur‑ul‑Haseeb, p. 6.
---Sonin Nasai: Vol III, p. 354.
---Al‑Hedaya: Vol. 1, p. 517.
---Muhammad Ahmad Raza Khan Barelvi: Rasail‑i‑Rizwia, p. 392.
---Sahih Muslim: Vol. V, p. 328.
---Aswa‑ul‑Tahzir Taswir‑ul‑Taswir, p. 13.
---Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Islam Mein Parda Ka Hukam, p. 21, (Hadis 20).
---Article Islam Aur Taswir: p. 3 (Hadis 2)
---Qardhawi: Islam Mein Halal‑o‑Haram, p. 141.
---Saad Hasan: Maslak Imam‑i‑Azam, pp. 357‑358.
---Mishkat Sharif, Vol. II, p. 414.
---Khalil‑ur‑Rehman Lakhwi: Written arguments, p. 24.
---Qazi Mujib‑ur‑Rehman: Written arguments, p. 12.
---Muhammad Najeef, Mufti: Jawaz‑i‑Taswir. p. 18.
---Syed Suleman Nadvi: Moarif (1919), p. 180.
---Sahih Bokhari Sharif, Vol. III, p. 348.
---Mian Nazir Akhtar: Written arguments, pp. 111, 114, 113.
---Mufti Muhammad Shafi: Taswir Ke Shari Ahkam: p. 24 (Had is 11).
---Moani‑Al‑Asar (Sharah), Vol. IV, p. 435.
---Tafsir‑ul‑Bari (Sharah Sahib Bokhari), p. 550 (Hadis 1).
---Abul A'la Maudoodi: Tafhim‑ul‑Qur'an, Vol. IV, p. 185.
---Mian Nazir Akhtar: Written argumentation, p. 12.
---Imam Malik: Al‑Mowatta; (Agha Wahid‑uz-Zaman), p. 490.
---Imam Malik: Al‑Mowatta; (Islami Academy, Lahore), p. 672.
---Abdul Aziz Bin Baz: Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 19 (Hadis No. 18), p. 20 (Hadis No. 19)_
---Mufti Muhammad Shafi: Taswir Ke Shari Ahkam, p. 31 (Hadis No. 16).
---Sahih Muslim Sharif, Vol. V, p. 320.
---Sonin Ibn Maaja Sharif, Vol. II, p. 306.
‑‑Shafal‑wala Fi Saur‑ul‑Hasib. P. 6 (Qarardad Babit Taswir, p. 1; Moani‑Al‑Asar; Vol. IV, p. 435 & Article "Islam Aur Taswir", p. 2).
‑‑Islam Mein Halal‑o‑Haram, p. 134 & Moarif (1919), p. 172 by Syed Suleman Nadvi.
Moani‑Al‑Asar, p. 435.
-‑Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), p. 2.
Ahadis
With reference to Hazrat Aysha (r. u. h.)
-‑Sheikh Muhammad Najeef, Mufti‑a‑Misr : Jawaz‑i-Taswir, p. 2.
-‑Written argumentation by Khalil ‑ur‑Rehman, p. 22.
-‑Written argumentation by Qazi Majib‑ur‑Rehman, p. 12.
Ahadis
-‑With reference to Hazrat Aysha (r. u. h.)
‑‑Sheikh Muhammad Najeef, Mufti‑e‑Misr: Jawaz‑i‑Taswir, p. 5.
-‑Written argumentation of Khalil‑ur‑Rehman, p. 21.
-‑Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), p. 196.
-‑Moani‑al‑Asar (Urdu), p. 438
-‑Shafal wala Fi‑Saur‑ul‑Hasib, p. 6.
-‑Abul A'la Maudoodi : Tafhim‑ul‑Qur'an, p. 184.
-‑Written arguments by Mian Nazir Akhtar, p. 110 (Hadis No. 6).
-‑Sahih Muslim Sharif, Vol. V, p. 325 (Translation by Allama Wahid -uz‑Zaman Khan).
-‑Sahih Bokhari Sharif Vol. III, pp. 346‑347 (Ahadis Nos. 897 & 901)
-‑Al‑Mowatta ; Imam Malik, Vol. 11, p. 491 (Translation by Allama Wahid‑uz‑Zaman Khan).
‑‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam. p. 15 (Hadis No. 10).
-‑Mufti Muhammad Shafi :.. Taswir Ke Shari Ahkam, p. 19 (Hadis No. 8).
-‑Qardhawi, Islam Mein Halal‑o‑Haram, p. 150.
-‑Tafsir‑ul‑Bari (Shara Sahih Bokhari) ; pp. 549, 550.
-‑Mishkat Sharif, Vol. II, p. 412.
‑‑Sheikh Muhammad Najeef, Mufti‑e‑Misr : Jawaz‑i‑Taswir, p. 4.
‑Written arguments by Mian Nazir Akhtar, p. 110.
--Mufti Muhammad Shafi ; Taswir Ki Shari Ahkam, p. 18 (Hadis No. 6).
‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hakam, p. 14 (Hadis No 8).
‑‑Article : Islam Aur Taswir, p. 2.
-‑Tafsir‑ul‑Bari (Shara Sahih Bokhari), p, 542.
-‑Qardbawi : Islam Mein Halal‑o‑Haram, p. 136.
-‑Sahih Muslim, Vol. V. p. 324.
-‑Sonin Nasai, Vol. III, p. 352.
-‑Moani‑Al‑Asar, Vol. IV, pp. 437‑438.
-‑Sahih Bokhari Sharif, Vol. III, p. 347.
-‑Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), Vol. VI, p. 199.
-‑Written arguments by Khalil‑ur‑Rehman Lakhvi, p. 19.
-‑Written arguments by Qazi Majib‑ur‑Rehman, p. 16.
-‑Written arguments by Mian Nazir Akhtar, p. 112.
-‑Abdul Aziz Bin Baz : Taswir Kasbi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 15 (Hadis No. 9).
-‑Moani‑Al‑Asar, Vol. IV, p. 435.
-‑Abul A'la Maudoodi : Tafhim‑ul‑Quran , p. 184 (Hadis No. 10).
-‑Aswa‑Al‑Tahzir Fi Taswir‑ul‑Taswir, p. 12.
--Sahih Muslim, Vol. V, p. 324.
-‑Mufti Muhammad Shafi : Taswir‑Ke‑Shari Ahkam, p. 31 (Hadis No. 16).
-‑Sahih Muslim Sharif, Vol. V, p. 320.
-‑Sonin Ibn Maja Sharif, Vol. 2, p. 300. .
-‑Shafal‑wala Fi Saur‑Al‑Hasib, p. 6.
-‑Qarardad Babat Taswir and Moani‑al‑Asar, Vol. IV, p. 435 and Article : Islam Mein Taswir, p. 2.
-‑Written arguments by Qazi Mujib‑ur‑Rehman, p. 11.
-‑Mishkat Sharif, Vol. II, p. 415.
-‑Qardhawi : Islam Mein Halal‑o‑Haram, p. 147.
-‑Sahih Muslim, Vol. V. p. 323.
-‑Syed Suleman Nadvi : Moarif (1919), p. 178.
-‑Sheikh Muhammad Najeef, Mufti‑e‑Misr, Jawaz‑i‑Taswir, p. 4.
-‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam ; p. 17 (Hadis No. 5).
-‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 18 (Hadi, No. 17).
-‑Mishkat Sharif : Vol. II, p. 415.
-‑Qardhawi : Islam Mein Halal‑o‑Haram, p. 147.
-‑Sahih Muslim Sharif, Vol. V. p. 323.
-‑Syed Suleman Nadvi : Moarif (1919). p. 178.
SCHEDULE II‑G (Other Ahadiths)
-‑Written arguments No. 2 by Mian Nazir Akhtar, p. 7.
‑‑Sahih Bokhari Sharif., Vol. II, p 10.
‑Abul A'la Maudoodi : Tafhim‑ul‑Quran, Vol. IV, p. 186.
-‑Shafal; wala Fi Saur‑ul‑Hasib, p. 12.
-‑Syed Suleman Nadvi : Moarif (1919), pp. 251‑252.
-‑Mufti. Muhammad Shafi : Taswir Ke Shari Akham, p. 35 (Hadith No. 21).
-‑Syed Suleman Nadvi : Moarif (1919),. p. 250.
-‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 33 (Hadith No. 19).
‑Article : Islam Aur Taswir, p. 6.
‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 24 (Hadith No. 13).
‑Syed Suleman Nadvi : Moarif (1919), p. 263.
‑Sonin‑Ibn Maja Sharif, p. 396.
‑Mufti Muhammad Shafi: Taswir Ke Shari Ahkam. p. 36 (Hadith No. 26).
-‑Article : Islam Aur Taswir, p. 7.
-‑Syed Suleman Nadvi, Moarif (1919), p. 181.
-‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 36 (Hadith No. 27).
-‑Article "Islam Aur Taswir", p. 7.
-‑Moani‑ul‑Asar ; Vol. IV, p. 440.
‑-Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 36 (Hadith No. 27).
-‑Article "Islam Aur Taswir, p. 7.
-‑Syed Suleman Nadvi : Moarif (1919), p. 181.
-‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 36 (Hadith No. 26).
-‑Article "Islam Aur Taswir", p. 7.
-‑Sheikh Muhammad Najeef : Mufti‑e‑Misr ; Jawaz‑i‑Taswir (Urdu), p. 20.
-‑Syed Suleman Nadvi : Moarif (1919), p. 250.
-‑Monthly Frikr‑o‑Nazar, August, 1980, p. 46.
-‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, pp. 35‑36 (Hadith Nos. 22 & 24).
-‑Syed Suleman Nadvi : Moarif (1919), p. 254.
-‑Written arguments No. 2 by Mian Nazir Akhtar, p. 9.
‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 17 (Hadith 15).
‑Shafal‑wala Fi‑Saur ul Haseeb; p. 10.
‑Rasail‑i‑Rizvia, Lahore, p. 374.
‑Moani‑ul‑Asar, Vol. IV, p. 435
‑Written arguments by Khalil‑ur‑Rehman, p. 8.
‑Qardhawi : Islam Mein Halal‑o‑Haram, p. 157.
‑Written arguments No. 2, Mian Nazir Akhtar, p. 9.
‑Abdul A'la Maudoodi : Tafhim‑ul‑Quran, Vol. IV, p. 184.
‑Written arguments by Khalil‑ur‑Rehman Lakhvi, p. 5.
‑Moani‑ul‑Asar, Vol. IV, p. 436.
‑Abdul Aziz Bin Bez : Islam Mein Taswir Kashi Ki Shari Hasiat Aur Parda Ka Hukam, p. 14 (Hadith No. 7).
‑Syed Suleman Nadvi : Moarif (1919), p. 172.
‑Tafsir‑ul‑Bari (Shara Sahih Bokhari), p. 547.
‑Qarshawi: Islam Mein Hala‑o‑Haram, p. 157.
‑Syed Suleman Nadvi :. Moarif (1919), p. 251.
‑Sahih Bokhari Sharif : Vol. III, p. 346.
‑Mirat‑ul‑Masajih (Shara Mishkat‑ul‑Masabih), p. 196.
‑Shafal‑wala Fi‑Saur‑ul‑Hasib, p. 8.
‑Aswa‑Al‑Tahzir Fi Taswir‑ul‑Taswir, p. 15.
‑Written arguments by Mian Nazir Akhtar, p. 112.
‑Sonin Nasai, Vol. III, p. 352.
‑Abul A'la Maudoodi's Tafhim‑ul‑Qur'an, Vol. IV, p. 184.
‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 19 (Hadis No. 7).
‑Tafsir ul‑Bari (Shara Sahih Bokhari), p. 548.
‑Sheikh Muhammad Najeef : Mufti‑e‑Misr, Jawaz‑i‑Taswi;, p. 5.
‑Sahih Muslim Sharif, Vol. V, pp. 324‑325.
‑Sonin Ibn‑i‑Maja, Vol. II, p. 397.
‑Sonin Nasai, p. 402.
‑Monthly Fikar‑e‑Nazar (August, 1980), p. 44.
‑Moani‑al‑Asar, p. 135.
‑Sahih Bokhari Sharif, Vol. III, p. 312.
‑Syed Suleman Nadvi : Moarif (1919), p. 177.
‑Sonin Nasai, Vol. III, p. 352.
‑Sahih Muslim Sharif, Vol. II, p. 325.
‑Mishkat Sharif, Vol. II, p. 113.
‑Sheikh Muhammad Najeef : Mufti‑e‑Misr Jawaz‑i‑Taswir, p. 6.
‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 9 (Hadis No. 20).
‑Qardhawi : Islam Mein Halal‑o‑Haram, p. 112.
‑Tafsir‑ul‑Bari, p. 550.
‑Written arguments by Mian Nazir Akhtar, p. 112.
‑Written arguments No. 2 by Mian Nazir Akhtar, p. 10.
‑Written arguments by Qazi Mujib‑ur‑Rehman, p. 17.
‑Qardnawi: Islam Mein Halal‑o‑Haram, p. 148.
‑Monthly Fikr‑o‑Nazr (August, 1980), p. 45.
‑Syed Suleman Nadvi: Moarif (1919), p. 176.
‑Sonin Nasai, Vol. III, p. 352.
‑Sahih Muslim, Vol. V, p. 323.
‑Written arguments No. 2 by Mian Nazir Akhtar, p. 7.
‑Sahih Bokhari, Vol. II, p. III.
‑Syed Suleman Nadvi: Moarif (1919), p. 175.
‑Mufti Muhammad Shafi : Taswir Ke Shar Ahkam, p. 18 (Hadith No. 33).
‑Abul A'la Maudoodi, Vol. IV, p. 181.
‑Aswa‑Al‑Ta'azir Fi Taswir‑ul‑Taswir, p. 19.
‑Mishkat Sharif, Vol. II, p. 416.
‑Mirat‑ul‑Masajih, Vol. VI, p. 210.
‑Shafal‑wala Fi Saur‑ul‑Hasib, p. 11.
-Mufti Muhammad Shafi : Taswir Ke Shari .khkam. p. 37 (Hadis No. 30).
‑Monthly Fikr‑o‑Nazar, August 1980, p. 43.
‑Qardhawi: Islam Mein Halal‑o‑Haram, p. 140.
‑Written argumentation by Dr. Jawad, p. 3.
‑Moarif (1919), p. 180.
‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 32 (Hadis No. 34).
‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 10.
‑Written argumentation by Dr. Jawad, p. 3.
‑Qardhawi: Islam Mein Halal‑o‑Haram, p. 140.
‑Article "Islam Aur Taswir", p. 4.
‑Moarif (1919), p. 180.
‑Monthly Fikr‑o‑Nazar (August, 1981), p. 43.
‑Moarif (1919), p. 181.
‑Monthly Fikr‑o‑Nazar (August, 1981), p. 46.
SCHEDULE II(D)
Ahadiths
With reference to Hazrat Ali (r. u. h.)
‑Written arguments by Riaz‑ul‑Hasan Gilani, p. 7.
‑Article "Islam Aur Taswir", p. 4.
‑Abul A'la Maudoodi: Tafhim‑ul‑Qur'an, Vol. IV, p. 182.
‑Syed Suleman Nadvi : Moarif (1919), p. 252.
‑Mufti Muhammad Shafi: Taswir Ke Shari Ahkam, p. 32 (Hadith No. 17).
‑‑Qardhawi: Islam Mein Halal‑o‑Haram, p. 158.
‑Written arguments No. 2 by Mian Nazir Akhtar, p. 13.
‑Aswa‑ul‑Ta'azir Fi Taswir‑ul‑Taswir, p. 16.
‑Shafal‑wala Fi Saur‑ul‑Hasib. P. 8
‑Written arguments No. 2 by Mian Nazir Akhtar, p. 2.
‑Article 'Islam Aur Taswir', p. 2.
‑Shafal‑wala Fi Saur‑ul‑Hasib, p. 8.
‑'Aswa‑ul‑Ta'azir Fi Taswir‑ul‑Taswir, p. 15.
‑Abul A'la Maudoodi: Tafhim‑ul‑Qur'an, Vol. IV, p. 186.
‑Sahih Muslim Sharif, Vol. II, p. 397.
‑Sonin Nasai ; Vol. I, p. 493.
‑Abdul Aziz Bin Baz: Taswir Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 17 (Hadis No. 14).
‑Written arguments by Khalil‑ur‑Rehman Lakhvi, p. 9:
‑Written arguments No. 2 by Mian Nazir Akhtar p. 10.
‑Moani‑ul‑Asar, Vol. IV, p. 433.
‑Shafal‑wala, p. 7.
‑Sonin Nasai, Vol. III, p. 143.
‑Written argument No, 2 by Mian Nazir Akhtar, p. 10.
‑Sonin Razi Sharif, p. 402.
‑Shafal‑wala Fi Saur‑ul‑Hasib, p. 7.
‑Aswa‑ul‑Ta'azir Fi Saur‑ul‑Hasib, p. 13.
‑Written arguments No. 2 by Mian Nazir Akhtar, p. 10.
‑Shafal‑wala Fi Saur‑ul‑Hasib, p. 7.
‑Sonin Nasai, Vol. III, p. 352.
‑Aswa‑ul‑Ta'azir Fi Taswir‑ul‑Taswir, p. 14.
‑Written arguments by Khalil‑ur‑Rehman Lakhvi, p. 17.
‑Written argument No. 2 by Mian Nazir Akhtar, p. 12.
SCHEDULE II (E)
Ahadith ;
With reference to Hazrat Ibn Abbas (r. u. b.)
Sheikh Muhammad Najeef, Mufti‑e‑Misr; Jawaz‑i‑Taswir (Urdu), p. 2.
‑Written arguments by Mian Nazir Akhtar, p. 110.
‑Mufti Muhammad Shafi: Taswir Ke Shari Ahkam, p. 24 (Hadis No. 10).
‑Abdul Aziz Bin Baz: Taswir Ki Shari Hasiat Aur Islam Main Parda Ka Hukam, p. 16 (Hadis No. 12).
‑Sahih Bokhari Sharif. Vol. III, p. 345.
‑Moani‑ul‑Asar, Vol. IV. p. 434.
‑Abul A'la Maudoodi: Tafhim‑ul‑Qur'an, Vol. IV, p. 185.
‑Sheikh Muhammad Najeef, Mufti‑e‑Misr: Jawaz‑i‑Taswir (Urdu), p. 20.
‑Moani‑ul‑Asar Vol. IV. p. 434.
‑‑Mirat‑ul‑Masajih. Vol. VI. P. 206.
‑Syed Suleman Nadvi: Moarif (1919), pp. 176 & 181.
‑Written arguments by Mian Nazir Akhtar, p. 115.
‑Aswa‑ul‑Ta'azir‑Fi Taswir‑ul‑Taswir, p. 12.
‑Shafal‑wala Fi Saur‑ul‑Hasib, pp. 4‑5.
‑Mirat‑ul‑Masajih ; p. 211.
‑Mishkat Sharif, Vol. II, p. 416.
‑Written arguments by Khalil‑ur‑Rehman Lakhvi, p. 8.
SCHEDULE II‑F
Ahadith with reference to Hazrat Talha (r. u. h.).
‑Written arguments by Qazi Mujib‑ur‑Rehman, p. 16.
‑Sheikh Muhammad Najeef Mufti‑e‑Misr : Jawaz‑i‑Taswir (Urdu), p. 2.
‑Article : "Islam Aur Taswir", p. 6 .
‑‑Monthly Fikr‑o‑Nazar (August, 1980), p. 4.
‑Sahih Muslim Sharif, Vol. V, p. 322.
‑Sahih Bokhari Sharif, Vol. III, p. 317.
‑Moani‑ul‑Asar, Vol. IV, p. 349.
‑Sonin Nasai, Vol. III, p. 351.
‑Qardhawi : Islam Mein Halel‑o‑Haram, p. 145.
‑Tafsir‑ul‑Bari, p.549.
‑Syed Suleman Nadvi : Moarif (1919), p. 181.
‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 12 (Hadith No. 18).
‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam, p. 22 (Hadith No. 15).
‑Sonin Nasal, Vol. III. pp. 351. -Tafsir‑ul‑Bari, p. 546 ; -Sonia Ibn Maja, p. 396 ; -Sahih Muslim Sharif. Vol. V, p. 328.
‑Mirat‑ul‑Masajih, p. 194 ; Mishkat Sharif, Vol. II, p. 412, Written arguments No. 2 by Mian Nazir Akhtar, p. 10. ,
‑Written arguments by Qazi Mujibur Rehman, p. 13.
‑Sheikh Muhammad Najeef : Mufti-e‑Misr ; Jawaz‑i‑Taswir, p. 3.
‑Mufti Muhammad Shafi : Taswir Ke Shari Ahkam ; p. 34 (Hadith No. 20).
‑Article : "Islam Aur Taswir", p. 7.
‑Syed Suleman Nadvi : Moarif (1919), p. 250.
‑Sonin Nasai : Vol. III, p. 351.
‑Abdul Aziz Bin Baz : Taswir Kashi Ki Shari Hasiat Aur Islam Mein Parda Ka Hukam, p. 20 (Hadith No. 19).
‑Moani‑ul‑Asar : Vol. IV, p. 439.
‑Al‑Mowatta, p. 490.
‑Mowatta : Imam Muhammad, p. 416.
‑Qardhawi : Islam Mein Halal‑o‑Haram, p. 146.
‑Written arguments by Qazi Mujib‑ur‑Rehman, p. 14.
SCHEDULE V
Written Opinion of Dr. Nur Muhammad.
1. Islam and Picture
Hadith on picture with reference to Hazrat Ayasha. Hazrat Umar Hazrat Abdulla Bin Masud, Hazrat Abu Huraira. Hazrat Ali.
2. Practice of the companions of the Holy Prophet (S.A.W.S.)
3. Opinions and Practices of the Mu'Haddetbein and the Fuqha.
4. Arguments of the votaries of photography.
5. Picture as a necessity.
Al‑Qur'an
22:78; 16: 115
6. Conclusions
SCHEDULE VII
Jairazhhoy. An and cities of Islam, Chapter IV
The question of images
J. Leveen, The Hebrew Bible in Art. 1944. p. 62f. J. B. Frey "La question des images chez les Juifs...", Biblica, Rome. XV; 1934, pp. 298‑99.
Tacitus, The Historia Germania and Agricola, ed. E. H. Blakeney, II, p. 288, n. I.
Dictionary of Sects, Heresies..., ed. J.H, Blunt, 1874. "Iconoclasts" pp. 215‑221.
Ibn al Kalbi (d 821). The Book of Idols. tr. N.A Faris. 1952: p. 46.
P.J. Alexander, The Harvard Theological Review, 45; No. 3, 1952, pp. 177‑84.
Bihr Fares, Essai sur l esprit de la decoration Islamique, 1952, p. 25, and G. Wiet, Syria, XXX, 1953, p. 342.
According to Abu Yusuf Yakub (731‑98). A. Grabar, L'Iconoclasme Byzantin, 1957, p. 105.
A. Jaffrey, Harvard Theological Review, 37, 1944, pp. 269‑332.
P. J. Alexander, The Patriarch Nicephorus of Constantinople, 1958, pp. 6‑7.
Ibid., pp. 233‑34.
E.J. Martin, A History of the Iconoclastic Controversy, 1930 ; J. Starr, "An Iconodulic Legend and its historical basis", Speculum, VIII. 1933, pp. 500‑03.
P.J. Alexander, op. cit., p. 235.
A. Grabar, op. cit., p. 103.
By al Kindi (d. 961). See A. A. Vasiliev, "The iconoclastic edict of Caliph Yazid II, A.D. 721", Dumbarton Oaks Papers Nos. 9, 10, 1956, pp. 25‑47.
SCHEDULE VII‑A
"ARS ISLAMICA" ; Vols. XI‑XII
The Department of Fine Arts : University of Michigan U.S.A.
"The Lawfulness of Painting in Early Islam" by K. A. C. Creswell., pp. 152 to 166.
SCHEDULE VII‑B
Islam and Art by Dr. Lois Lamya Al‑Faroqi Professor of Religion and in Arts.
Tearple University, Philadelphia, U.S.A. pp. 25 to 103
Chap. : "Figural Painting".
NASIM HASAN SHAH, J.
‑I agree with my learned brother S. Rehman, J. that this appeal be dismissed as I am in accord with the reasons given by him in his judgment for concluding that the requirements of the National Registration Act, 1973 and the rules framed thereunder requiring male applicants to submit two photographs is not repugnant to the Holy Qur'an) and the Sunnah.
I may perhaps usefully add that our sublime religion of Islam is an eternal religion. Its divine laws not only provide guidance for all aspect of our daily life but these are also universal in character and fully applicable in all times and in all climes. This grand design is secured by Almighty Allah by allowing every freedom to His people to develop their faculties and equip themselves for the needs and challenges of their particular times. By His Grace He has not imposed any burden or limitation oft their conduct except that which He in His Wisdom has considered best for their true well being. Any interpretation in respect of His commands, which might cause difficulties and impede or hamper the development, progress and smooth running in the affairs of a Muslim community, cannot be accepted unless it is shown that Almighty Allah has by a peremptory injunc tion in the Holy Qur'an so commanded or the Holy Prophet has in his sayings and conduct, properly understood in their true spirit and context, so enjoined.
"Allah doth not wish To place you in difficulty" (Sura V‑Verse 6)
The necessity for reference to and the use of photographs, pictures, images and other pictorial representations in our times has become absolutely essential. It is with their help that it is possible to understand and comprehend the problems of the Sciences and Aeronautics, Chemistry and Physics. Medicine and Surgery, Biology and Zoology, Mathematics and Statistics, Art and Architecture and indeed a myriad of other subjects without whose mastery the Muslim Ummah will lag far, far behind the other, nations and stagnate in the backwaters of the International Community. Even my learned brother, M. A. Zullah, J. in his judgment has observed that there are passages in. the Holy Qur'an which encourage artistic ventures that are helpful for human development. This observation also supports my humble opinion that the religion of Islam is a dynamic, progressive and not a stagnant religion and possesses the necessary resilience to cope with the problems raised by changing times.
In conclusion I may say, for reasons which my learned brother S. Rehman, J. has already spelled out in considerable detail in his judgment, that while the Holy Qur'an contains no prohibition whatever in respect of figures, pictures, images etc. ; the Holy Prophet did undoubted disapprove of some of their forms, but a proper examination of this disapproval in the light of all the relevant and attendant circumstances' shows that it was intended in respect of those pictures, figures and other man‑made images only which partook of shirk or came in conflict with Tauheed or otherwise interfered with the observance of religious obligations. It is, therefore, that I agree with the conclusion of my learned brother S. Rehman, J. that the photographs of a person which are required merely for satisfying the relevant authorities as to the identity of a person or for the other purposes of the National Registration Act will not be repugnant either to any injunction of the Holy Qur'an or to the Sunnah of the Holy Prophet.
SHAFIUR RAHMAN. J
.‑I have had the benefit and the privilege of going through the illuminating and lucid judgments proposed to be delivered by my learned brothers Mr. Justice Maulana Muhammad Taqi Usmani, Mr. Justice Maulana Pir Muhammad Karam Shah and I agree with them that this petition should be dismiss‑ed but my reasons for doing so are somewhat different. While I am in complete agreement with them that‑
(i) there is no direct prohibition in the Holy Qur'an against making of pictures/photographs.
(ii) that the requirements of National Registration Act, 1973 (hereinafter referred to as the Act) and the Rules framed thereunder calling upon male applicants to submit two photographs is not repugnant to Holy Qur'an and Sunnah,
(iii) that this appeal be dismissed.
I am, however, with utmost respect to my learned brother Mr. Justice Maulana Muhammad Taqi Usmani, unable to subscribe to the following conclusion/observations recorded by him‑
(i) that making and keeping of photographs and pictures of living beings is forbidden by the Sunnah of the Holy Prophet;
(ii) that the requirements of photograph for the purposes of the Act are such as to make out a case of social legal necessity fully justifying the ding of this forbidden act;
(iii) that there is no scope/justification for creating an exception in the Act for a category of the appellant (and others who being conscientious objectors seek it on the bass of the Sunnah of Holy Prophet;
(iv) that the Federal Shariat Court has declared photographs and pictures to be permissible in Islam unconditionally and to that extent its impugned decision is liable to correction.
Similarly with profound respect for the learning and wisdom of my learned brother Mr. Justice Maulana Pir Muhammad Karam Shah, I am unable to subscribe to his views that‑
(i) the Sunnah of the Holy Prophet forbids the making and keeping of full complete picture photograph of living beings;
(ii) the requirement of photograph for the purposes of the Act are such that even if photogoraphs/pictures of all types, of living beings were prohibited by Holy Qur'an/Sunnah the legal necessity was established for departing therefrom.
In my humble view none of the provisions of the National Registra tion Act. 1973, or of the Rules framed thereunder are repugnant to the Holy Qur'an and Sunnah and that this petition merits to be dismissed on that short ground. My reasons for coming to this conclusion may be stated shortly as follows.
The appellant, Maulana Abu Daud Muhammad Sadiq, claims himself to be a Hanafi Brelvi, a conscientious objector to the requirement of law (sections 4 and 8 of the Act and Rules 6, 7 and 8 of the Rules framed thereunder) whereby every citizen of Pakistan is required to register himself and for that purpose every male adult is required to make an application alongwith two copies of his recent photograph 2" x 1 ", to obtain an identity card hearing such a photograph and to keep and show it for his identity for various purposes and on certain occasions. Failure to get oneself registered entails liability of criminal prosecution, conviction and sentence of fine and imprisonment. The appellant sought his registration without fulfilling the requirement of photograph. His application was re turned to him. He moved the Central Government for exemption from this requirement. It was declined. The appellant then moved a petition under Article 203‑D of the Constitution praying the Shariat Bench of the High Court which then had the jurisdiction to examine and decide the question whether or not these provisions of the Act and the Rules were repugnant to the injunctions of Islam as laid down in the Holy Qur'an and Sunnah of the Holy Prophet. On establishment of Federal Shariat Court the application was transferred to that Court for disposal. The Federal Shariat Court by its detailed judgment which is now impugned before us held that the law challenged by the appellant was not repugnant to the injunctions of Islam.
The object and purpose of the Act is described as the need for registra tion of citizens and issue of identity cards to them. Sections 4 and 8 thereof are reproduced hereunder :‑
"4. Registration of citizens.‑(1) Within such time as the Federal Government may, by notification in the official Gazette, specify in Oil., behalf, ‑
(a) every citizen in or out of Pakistan who has attained the age of eighteen years shall get himself ; and
(b) a parent or guardian of every citizen who has not attained that age shall get such citizen, registered in accordance with the provisions of this Act.
(2) An application for registration ‑
(a) under clause (a) of subsection (1) shall be in Form A of Schedule I to this Act ; and
(b) under clause (b) of subsection (1) shall be in Form B of that. Schedule, and shall he made to such authority as may be prescribed.
8. Identity Cards necessary for certain purposes.--(1) No citizen who has attained the age of eighteen years but does not possess or produce an identity card shall be granted a passport, permit or other travel document for going out of Pakistan.
(2) Any officer charged with the duty of conducting the poll at an election to the National Assembly or a Provincial Assembly or to a municipal committee, cantonment board or other local authority may, for the purpose of 'satisfying himself as to the identity of any person, require such person to produce his identity card.
(3) The Federal Government may, by notification in the official Gazette, specify any other purposes for which the production of an identity card shall be necessary.
(4) The identity card issued to any person shall be proof of his identity for any purpose for which his identity is required to be established.
The rules framed under the Act and relevant for this purpose are rules 6, 7 and 8 which are reproduced hereunder :‑
"6. Submission of photograph by the applicant.‑(1) Every male applicant who has attained the age of eighteen years shall submit two copies of his recent photograph of the size 2 x 1 alongwith his application.
(2) A female applicant who has attained the age of eighteen years may submit two copies of her recent photograph of the size 2' x 1 alongwith her application. A female applicant who does not like to submit her photograph shall .put her two right hand thumb impressions in the space provided for the photograph in the applica tion form.
(3) Citizens in the Armed Forces, Civil Armed Forces, Civil Police or Federal Security Force shall submit their photographs without the service uniform.
(4) The photographs shall be in black and white.
7. Photograph or thumb‑impression on the identity card.‑(1) Save as provided in sub‑rule (1), identity card shall bear, the photograph of the holder.
(2) In the case of a female applicant who does not submit her pho tograph, her right hand thumb‑impression shall be put on the identity card in the place provided for the photohgraph.
8. Treatment of certain persons under these rules.‑(1) An eunuch shall be treated as male and an identity card shall be issued accordingly.
(2) An applicant whose hands are amputated shall put the impressions of his left foot on the application form and, if the left foot toe is also amputated, the impression of the right toe shall be put on the application form."
It is an admitted position that there is no verse in the Holy Qur'an directly forbidding the making of pictures or photographs, my effort will be to review the Sunnah of the Holy Prophet in the light or background of other relevant facts with a view to discovering whether such a prohibition is discernible therefrom.
In the Holy Qur'an there is a Verse (5 : 87) cautioning the Muslims generally in the matter of declaring things haram (forbidden) and halal (permitted) in the following words:‑
This verse is relevant here for adopting or formulating the test of Halal and Haram. If the Holy Qur'an is silent on a subject, a clear, unequivocal, consistent peremptory command of the Holy Prophet alone will be necessary for bringing it in the category of things forbidden. It is, therefore, necessary to properly categorize and arrange the Ahadith which will not only result in making the purpose, the scope and the meaning of the command clearer but will also throw valuable light on the thinking and practices then in vogue.
On Graves, idols and pictures.
Hereunder are reproduced a few instances of the conduct and the utterances of the Holy Prophet, concluding this category by an utterance of Hazrat Ali with regard to what he was commanded by the Holy Prophet himself‑
The above instances show us that the practice in those days was to convert the graves of the respected elders and the prophets into places of worship and celebration, to decorate such places with pictures, idols and mementos. The Holy Prophet himself had been praying all along that his grave be not made either a place of worship or a place for celebration. This prayer was apparently concerning his own overzealous followers. He also directed the destruction of all such graves, pictures and idols and accomplished it. The utterance of Hazrat Ali has been quoted to clinch the issue that destruction of all graves was never intended but only those graves which were kept high and exhalted either as a mark of respect or for worship. In this context the picture, the idol and the grave go together, as was then customary.
A challenge to the Creator:
Any act intended to be a challenge to the Creator has been declared to be the most reprehensible and to be visited with the extreme penalty reserved for unbelievers. This appears from the following:‑
It is, therefore, not at all material whether such a challenge is thrown through picture (of animate or inanimate), literature of Science. The prohibition on this score is all pervading, complete and total.
Purpose or nature of use of picture is decisive of its being permuted or prohibited.
I. Use of Picture/figurine for innocent purposes (permitted).
II. Use of picture at a place or in a manner to humiliate or degrade it (permitted).
The instances are all reproduced in the judgment of my learned brother Mr. Justice Taqi Usmani.
III. Use of picture in incomplete, truncated or mutilated form (permitted).
The instances are all reproduced in the judgment of my learned brother Pir Muhammad Karam Shah.
IV. Picture of Inanimate object (prohibited where likely to detract from faith.)
V. Use of pictures causing distraction or interference in prayers (prohibited).
From the above instances it is clear that the very distinction of picture of animate and inanimate is purposive. In making a picture of the animate, it is said, the challenge to the Creator is more obvious and closer than to making the picture of inanimate. If the intention, purpose and object is not to match the Creator then any such distinction is pointless. If such a challenge is there in making the picture of even an inanimate object, then the mere fact that it is picture of an inanimate object will not render it permissible. Similarly, as regards incomplete, truncated or mutilated pictures, how can one shut his eyes to the fact that even in the present day world a particular organ of the human body detached from the body and isolated is by itself an object of worship in our neighbourhood.
The fact that the jurists and the sects are not unanimous on the nature and extent of prohibition is well‑established. The wide range of difference is apparent from the following extracts :‑
From the above discussion of the subject I conclude that the taking or making of pictures/photographs per se is not forbidden in Islam. Its disapproval, or prohibition is related to the use to which it is put or the purpose for which it is made. This conclusion is also in conformity wit 'h the recognized maxim of Islamic law that‑
On this conclusion the requirement of photograph under the Act and for the purposes of the Act cannot on any plane be objected to for its purpose is orderly management of affairs of the Society.
In the circumstances and for the reasons given above I would dismiss this appeal as one without merit leaving the parties to bear their own costs.
And will you be deluded in carving some outward image or likeness, of men or women, of beasts that roam on the earth or birds that By in the air, creeping things on land or fish that dwell in the waters, down at the root of earth
(Deuteronomy 4 : 16. 18 Knox's version)
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