The making of animate pictures (without any necessity-such as the necessity of passport photos, for example) in in any way, be it by digital means, or whatever means, is Haraam. It is permissible however, to make pictures of non-animate things, such as trees and mountains etc.

Here are some Fataawa of senior Muftis of the recent past in regards to taking pictures of animate objects:

Mufti Abdur Raheem Laajpuri Rahimahullah has written: “The making of animate objects whether it is by drawing on walls, pages, clothes, by the means of pens, machinery, capturing by a camera, digitally or any other instrument for that matter, is not permissible. Doing this will tantamount to committing a grave sin. However, if the nature of the pictures is of non-animate objects like beautiful sceneries, rivers, the sea, trees and mountains etc. then this will be permissible.”

Mufti Mahmood Hasan Gangohi Rahimahullah has written: “Any animate picture is Haraam, irrespective of whether it is made from wood, mud, metal, gold or pen, whether it be on paper, a board, or a reverse image captured by a machine, all of this is in no way permissible.”

Mufti Muhammad Shafee’ Rahimahullah has written: “For making a picture, whether color is put by means of the ink of a pen or a machine, it does not change the mas’alah in any way.”

Mufti Rasheed Ahmad Ludhyaanwi Rahimahullah has written: “Making a picture of any living thing is totally Haraam and it is a major sin, no matter what kind of picture it is, big or small, on clothes or on paper, or by means of camera. 

There is a principle in Islam that whatever is fundamentally Haraam, its ruling and regulations will not vary, regardless of the instrument used. An example of this is found in alcohol, which will remain Haraam whether it is fermented, squeezed by hand or by means of machinery. Similarly, murder is Haraam whether it is implemented with a knife or with a firearm. Based on this analogy, with regards to picture making also, we can say that Islaam is not interested in the method adopted. The prohibition is directed to the end result, which is the forming and producing of pictures.

Hence, if any of the above-mentioned methods or any technique yet to be invented is used to create pictures of animate objects, then it will be a picture and thus fall under the Islamic prohibition of capturing pictures of living things. A digital picture is a picture at the end of the day. The only difference is that a digital picture appears on a screen and not on paper.

The argument of digital pictures simply being a reflection is an invalid one. A reflection disappears as soon as the thing being reflected moves away from the mirror or whatever may be casting its reflection, whereas a picture has an independent existence. As soon as the “reflection” has the ability to independently exist and stay in one place, we find now that man plays a role in its independence, and thus making this “reflection” into a picture.

The scholars that have said that a Tasweer (Arabic word for picture) is that which is made on paper were speaking in regards to their respective time eras, where there were no such thing as digital cameras/pictures. Had they been alive today, they would have seen that by the manufacturing of man, the “reflection” has attained independent existence, thus becoming a picture.

There is a law in the Shariat, that when there is a clash of proofs for being Halaal and Haraam, then the side of being Haraam will be given preference. There are those who say that digital pictures are merely a reflection, and there are those who say that a digital picture is a Tasweer. So, now, preference will be given to the side of Hurmat (prohibition) as it is the safer route.

There is another law that at long as one has full conviction in regards to a matter, then as long as convincing proofs have not been presented to prove otherwise, the ruling will remain the same. An example of this is when one is sure that he is in the state of Wudhu, now he has doubts whether his Wudhu has broken or not. As long as he does not come to the definite conclusion that he has indeed broken his Wudhu, he will not have to make a fresh Wudhu. In regards to the Mas’alah under discussion, we know that a digital camera has a shutter through which light passes to catch a reflection of whatever the picture is being taken of. This then becomes a picture. In this aspect, they are both the same. Until it can be proved to be otherwise, the digital picture will remain under the Shar’ee ruling of a normal picture.

The ruling of pictures being a Tasweer is also based on “Urf” (the common practice and understanding of people). Mufti Rasheed Ahmad Ludhyaanwi Rahimahullah has written: “The ruling of something being a Tasweer or not should be based on the “Urf”, not science. The “Urf” is that digital pictures are Tasweer. This is similar to how the Shariat has left Subah Saadiq, sunrise and sunset to the apparent sighting of people, not scientific intricacies. 

We would only have to resort to explanation from the experts of an invention in the case wherein no prior examples of the invention already exist. Keeping this in mind, we know that a picture from a digital camera is just like a picture that a person makes with his own hands in the sense that both come into existence by the works of man. So, to render digital photography as a totally new invention the likes of which have not yet been seen is wrong. We would only need to resort to scientific explanations for those inventions the like of which have never been seen before, like in the case when microphones were first invented (the discussion under which was lengthy because it had to be found out whether the sounds from a microphone were echoes of the speaker’s voice or a magnification of the speaker’s actual voice as he spoke.) The thing that brings these two together is the fact that both come into existence by the manufacturing of man.

Trying to justify pictures by using the concept of a picture becoming data and then only becoming a picture once displayed on screen is even more frowned upon in the eyes of the Shariat. Mufti Rasheed Ahmad Ludhyaawi Rahimahullah says: “If we accept that a picture is erased and then it becomes a picture once more, then this is in all cases even more frowned upon. Now, a person is making a picture again and again.” 

The word used for picture-making in Arabic is Tasweer oe/and its derivatives. Tasweer can be of two types: one that has a solid body, like a statue or an idol, which is often called Timthaal (statue) or Sanam (idol) or one that is made on paper or clothing etc. In any case, the making and usage of both is Haraam. 

Taking pictures of animate objects have been declared Haraam for two reasons:

1. Attempting to imitate Allaah Ta'aala in the act of creating.

2. Pictures are a doorway to shirk.

The first reason is obvious, and mention of it comes in the Ahadeeth as well. As for the second reason, Imaam Fakhruddin Raazi Rahimahullah has written in his Tafseer Al-Kabeer the reasons of why such pictures are Haraam, and therein he has written: “many a times when a king or a big entity passed away, the people would make a picture/statue of that person and they would look at it and console themselves over the loss. Then, the people that came after them thought that their forefathers used to worship these picture and so they too, began to worship these pictures, or it happened such, that the sons of Adam, Wadd, Suwaa’, Yaghoos, Ya’ooq, and Nasr passed away, so Shaitaan told the people to make pictures/statues of these people so that they may remember them and console their grieving hearts. However, when they passed away, Shaitaan told those that came afterwards that their forefathers would worship these pictures, and so, the aftercomers would begin to worship these pictures/statues. It is for this reason, that Nabi Sallallahu Alaihi Wasallam had prohibited the visiting of the graveyards in the early days. 

Similarly, Hafiz Ibne Hajr Rahimahullah has written that these pictures were originally made to comfort the people, to take lessons from the lives of the pious ones that passed and so that the people might exert themselves in doing good deeds etc. Then, Shaitaan started giving them Waswasah (evil whisperings) that the pious ones before them had worshipped these pictures and honored these pictures, and telling them that they too, should worship these pictures. Thus, Nabi Sallallahu Alaihi Wasallam prohibited us from pictures so that the door leading to Shirk may be closed off altogether. 

Generally, shirk comes from pictures of prophets Alaihimus Salaam or pious people Rahimahumullah. Shameless pictures lead to fornication and immorality, but it is the pictures of the pious that lead to Shirk. For this reason,

under the Hadith of Umme Salamah Radhiallahu Anha in which prohibition of pictures is mentioned, Allaamah Ainee Rahimahullah has written: “And this is a proof of the prohibition of making pictures of living beings, especially the pious people.” 

Mufti Muhammad Shafee’ Rahimahullah has written: “Because Shirk is such a great and unforgivable sin, Shariat has prohibited all those things which lead to Shirk, and from amongst those things is the making and usage of pictures. 

In the Quraan, Allah Ta'aala has used derivatives of the word “Soorah"(form) in several verses: For example:

He is Allah Ta'aala, the Creator, The Perfect Maker, The Fashioner who has the most beautiful names. Whatever is in the heavens and the earth glorifies Him. He is The Mighty, The wise

(Hashr,24).

Allah Ta'aala tells us in the above Aayah that He is the Musawwir (The Fashioner of shapes). Mufti Shafee' Rahimahullah has written in Ma’ariful Quraan under the explanation of this verse that: “To create pictures (of animate objects) is to pretend that we have the same quality of Allah (which tantamount to a form of shirk/associating partners with Allah Ta'aala). 

Here are some narrations which show the harms of making pictures of animate objects: -

1. Nabi Sallallahu Alaihi Wasallam has said “The people that will receive the most severe punishment from Allaah Ta'aala are the picture makers.” 

2. Aishah Radhiallahu Anha reports that Rasulullah Sallallahu Alaihi Wasallam entered (my apartment) and I had hung (on the door of my apartment) a thin curtain that had (animate) pictures on it. The color of his face underwent a change. He then took hold of the curtain, tore it and said: “The most severe punishment on the day of resurrection will be for those who try to imitate Allah Ta'aala in the act of creation.” 

3. Aishah Radhiallahu Anha has reported that she purchased a carpet which had (animate) pictures on it. When Rasulullah Sallallahu Alaihi Wasallam saw it, he stayed at the door and did not enter. Hadhrat Aishah Radhiallahu Anha says: “I perceived signs of disgust on his face. Then I said: O Rasulullah, I offer repentance to Allah Ta'aala, (but tell me) what is the sin that I have committed.” Thereupon Rasulullah Sallallahu Alaihi Wasallam said: “What is this carpet?” She said: “I bought it for you so that you might sit on it and take rest on it.” Thereupon Rasulullah Sallallahu Alaihi Wasallam said: “The owners of these pictures would be tormented and they would be asked to bring to life what they tried to create.” He Sallallahu Alaihi Wasallam then said: “Angels do not enter the house in which there is are (animate) pictures.” 

4. Aishah Radhiallahu Anha reports: “I made a cushion which resembled a mat and it had (animate) pictures on it. Nabi Sallallahu Alaihi Wasallam came and he remained by the door and his face underwent a change. So, I asked: “What has happened Oh Rasulullaah? Nabi Sallallahu Alaihi Wasallam replied: “What kind cushion of this? So, I said “It is a cushion that I made so that you may take rest on. Nabi Sallallahu Alaihi Wasallam said “Do you not know that the angels do not enter the house in which there is a (animate) picture? Indeed, those who make (animate) pictures will be punished on the Day of Judgment and Allaah Ta'aala will say to them “Give life to that which you have created.” 

5. Abu Hurairah Radhiallahu Anhu narrates that Nabi Sallallahu Alaihi Wasallam said: “A neck will appear from the fire of hell. It will have two eyes by means of which it will see, two ears that will hear, and a tongue that will speak. It will say “I have been given the job of punishing three people: every oppressive and rebellious person, every person that called out to other (deities) than Allaah Ta'aala, and the picture-makers (of animate objects). 

6. Ibn-Umar Radhiallahu Anhu reports that Rasulullah Sallallahu Alaihi Wasallam has said, “Those people who make these (animate) pictures will be punished on the Day of Judgement. It will be told to them: “Give life to those pictures which you have created” (and this will be impossible). 

7. Abu Hurairah Radhiallahu Anhu narrates the Nabi Sallallahu Alaihi Wasallam said: “Whoever makes a (animate) picture will be ordered to give life to it, but he will not be able to do so. 

8. Abu Hurairah Radhiallahu Anhu narrates that Jibreel Alaihis Salaam sought permission to enter upon Nabi Sallallahu Alaihi Wasallam. Nabi Sallallahu Alaihi Wasallam said "You may enter." Jibreel Alaihis Salaam asked “How can I enter when there is a curtain in your house that has pictures (of animate objects)? Either cut the heads (of the pictures) off or make it into a carpet that is trampled upon. We are angels. We do not enter those homes in which there are such pictures. 

9. Rasulullah Sallallahu Alaihi Wasallam has said: Angels will not enter a house where there is a dog or pictures (of animate objects). 

In the commentary of this Hadith, Hafiz Ibne Hajar Rahimahullah says: "Khattabi has said that the angels will not enter the house in which there are such animated pictures, the head of which is not removed from the pictures or the house in which animated pictures are kept with respect (i.e. displayed and honored)." 

10. Another Hadith states: Angels will not enter a house wherein there is a (animate) picture or a dog or person who is in need of Ghusal (i.e. if he/she habitually delays taking a bath out of sheer laziness). 

11. Nabi Sallallahu Alaihi Wasallam has said: Allaah Ta'aala says: Who can be more oppressive than that being who intends to create like my creation. Let them try and create and atom, or a grain or a piece of barley. 

Maulana Khaleel Ahmad Sahaaranpuri Rahimahullah writes in the commentary of Abu Dawood:

"Tasweer means animated pictures. It can be on a wall, or on a cloth, or something similar to that which is kept with respect. Contrary to this, those pictures which are on a carpet which are trampled upon or on a cushion (upon which people sit), or on something similar to that whereby the pictures are not honored, but rather disgraced then this will not be the means for the angels not entering the house". 

12. Abu Hurairah Radhiallahu Anhu reports that Nabi Sallallahu Alaihi Wasallam has said: “Those (animate) pictures which are in a place that they are trampled upon are permissible. However, those pictures which are hung up (and thereby honored) are not permissible.” 

13. Aishah Radhiallahu Anha says that Nabi Sallallahu Alaihi Wasallam returned from a journey and I had hung up curtains by the doorway which had (animate) pictures on them. Upon seeing this this, Nabi Sallallahu Alaihi Wasallam tore the curtain and said: The most severe punishment on the Day of Judgement will be for those who attempt to imitate Allaah Ta'aala in the act of creating. Aishah Radhiallahu Anha then says that: we took the curtain and made one or two cushions out of it. In regards to those cushions it is mentioned, that they remained in the house and Nabi Sallallahu Alaihi Wasallam used to sit on them and they had pictures. 

14. Laith Rahimahullah reports that he entered upon Saalim bin Abdullah Rahimahullah and found him leaning on cushions that had pictures of birds and wild animals. Laith Rahimahullah asked: “Aren’t these Makrooh (detested) and impermissible?” So, Saalim Rahimahullah replied: “No! Rather those animate pictures are impermissible which are hung up (and honored). 

Mufti Yusuf Ludhyanwi Rahimahullah has said that: "When it is compulsory to take a photo (example for a passport), or if somebody was mistakenly taken in a photo and he considered that to be wrong, then he will not be a sinner." 

Mufti Khaalid Saifullah Rahmaani Daamat Barakaatuhum, in his book Halaal wa Haraam (P 220-229) has written in regards to pictures and therein he gave the opinions of the Fuqaha'. Mufti Saheb himself is also of the opinion that to create animated pictures is not permissible unless it is a very small, insignificant picture (like a picture of a sunset in which there is a tiny bird out in the horizon). Mufti Saheb quotes a Hadith of Saheeh Bukhaari in which it is mentioned that a picture maker will be punished until he can give life to the picture that he made, but this person not be able to do so. 

Imaam Nawawi Rahimahullah writes in his commentary of Saheeh Muslim under the Hadith prohibiting animate pictures: "The opinion of our Ulama and other Ulama is: to create an animated picture is very much impermissible and it is among the major sins (Kabaair). This is why severe warnings have come in this regard in the Ahaadeeth." 

Allaamah Ibne Nujaim Rahimahullah has quoted this statement of Imaam Nawaawi without making any exceptions to the ruling in his book Al-Bahr-ur-Raaiq. 

Allaamah Tahtaawi and Allaamah Shaami have quoted Imaam Nawawi also, and they have added on afterwards: The apparent meaning of Imaam Nawawi’s statement in his commentary of Saheeh Muslim tells us of Ijmaa’ (consensus of the scholars) upon the Hurmat (prohibition) of pictures of living beings. 

Allaamah Shaami writes in another place: “In regards to the making of (animate) pictures, it is totally impermissible because it is imitating Allaah Ta'aala in the act of creation.”

Imaam Nawawi has further written after this statement: There is no difference in the matter, whether the Tasweer is of something which has a shadow or doesn’t have a shadow. Some of the Salaf (pious predecessors) have said that this (prohibition of pictures) is regards to those things which have shadows (those Tasweer which have shadows refers to statues, and those Tasweer which do not have shadows refers to pictures.) 

However, Imaam Nawawi Rahimahullah has said rendered this view as invalid. Although Hafiz Ibne Hajr did not render this view invalid, he has said that this is a Marjooh view. (one that was given preference over). 

Allaamah Shaami Rahimahullah has written that to give Fatwa with on a Marjooh opinion is going against Ijmaa’. 

Allamah Haskafi Rahimahullah has called this ignorance as well as going against Ijmaa. 

This is, in short, the view of our Mazhab and the same view is held by Jamhoor Sahaabah Radhiallhu Anhum, Taabieen Rahimahumullah, and those that came after them also. This is also the Mazhab of Imaams Thawri Rahimahullah, Maalik Rahimahullah, Abu Hanifah Rahimahullah, etc.

This statement has been quoted respectively by other Muhadditheen Rahimahumullah and Fuqahaa Rahimahumullah in their works, such as Hafiz Ibne Hajr Asqalaani Rahimahullah ,Allamah Badruddeen Ainee, Maulana Abdur-Rahmaan Mubaarakpuril, Allaamah Ibne Nujaimli, Allaamah Sayyid Ahmad Tahtaawilii, and Allaamah Shaami Rahimahumullah. 

Mufti Muhammad Shafee’Rahimahullah has written that the Ahadeeth containing the prohibition of the making of (animate) pictures are on the level of Tawaatur (this is the highest rank of authenticity for a Hadith). This is why the four Imaams have Ijmaa’ on its prohibition. Similarly, Mufti Rasheed Ahmad Ludhyaanwi Rahimahullah has also written that there is Ijmaa’ of the Ummah that making pictures is Haraam. 

There are certain exempted scenarios wherein using (animate) pictures will be permissible, such as:

1. Places where they are dishonored, such as on the floor where they are trampled. By doing this, the reasons because of which pictures were made Haraam are no longer found. A person imitates Allaah Ta'aala in the act of creating by making a picture, not by trampling on it. Secondly, by treading upon a picture, it takes it far away from becoming a means of Shirk, as one does not step over his deity.

However, we would encourage one to refrain from even this, as we have seen that some of the Fuqahaa Rahimahumullah were against even this, and it can lead to opening the door for laxity in the matter.

2. If the picture is so small that one is not able to make out the details of the picture (like the example we presented of a painting of a sunset with a little bird out in the distant horizon.

3. A picture taken for a passport and other official reasons. This should be regarded as wrong from the heart. However, as one does not have any way to avoid this, he must simply seek Allaah’s Ta'aala forgiveness and beg Allaah Ta'aala to overlook that which is not in his (the slave’s) control.

In regards to pictures of inanimate objects, it is permissible. Nabi Sallallahu Alaihi Wasallam told one Sahaabi: “If you must make pictures, then make pictures of trees and non-living things. “

May Allaah Ta'aala grant us the ability to stay away from all forms of Haraam and evil. (Adapted from the Darul Ifta Archives.)

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Sohel Lala

CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: 16 Jumaadal Ula 1440 - English Date: 23 January 2019