Ruling on Photography

During the time of the Prophet (Sallallaahu alayhi wasallam) things had not been invented as in our times such as photography. The question is, is photography also included in this prohibition or not? If you scrutinize the text, you will find out that it is not included (in the prohibitions). This is because the one who take pictures with cameras does not draw it in the real sense. What only happens is that the excess lights only comes in contact with the object before him and takes its picture in a second. A painter must endure in the process of the drawing: in drawing the head, eyes, nose, ears and the likes. He must perform an action. As for this photography, it is taken within a second. It is like transferring what Allaah designed into cards. This is the preferable opinion.

Scholars of this age differ concerning this. Is this included in the curse and prohibition or not? The right position is that it is not included because one is not a painter (by using a camera). Had he intended to draw the picture he would have spent some time in the process. But this (picture with camera) is completed within a second. A perfect similarity of this can be seen in the case of someone who writes a letter to his brother upon receiving it; he put it in a photocopier and makes a copy of it. Could this copy of the letter be considered as a drawing of the words and characters of the letter? No, the picture is printed due to the excessive light. And no one will say that these letters that was copied on this paper is the letter that came out of the device. Never! That is why such pictures can be taken in darkness and can also be taken even by a blind person. 

Therefore whoever closely examines the text of the hadeeth and the wisdom behind it, he will comprehend that what is intended is the one who tries to compete with Allaah in His creation by imitating His design and drawing as if he is the Creator. This is the one that incorporates prohibition and curse. As for this (photographic pictures), it is only printing of a picture. However, what remains is to look at or examine the purpose for which the photographic picture is made. That is, if we understood that the photographic picture is permissible and that it is not considered as image making, what remains for us is to examine the reason for taken it just as we look at or examine the reason behind anything permitted. This is because the legal status of permissible things changes according to the associated purpose. 

That is why if someone intends to embark on a journey in the month of Ramadan in order to escape from fasting, we will say: This action is forbidden for him despite the fact that travelling is allowed and lawful originally. Also if someone buys a gun with the intention of killing his fellow Muslim and robs their property, we will say, ‘This transaction is unlawful even though a transaction is lawful originally’. Therefore the purpose of taking the pictures must be examined. Indeed, a person may have bad intention with the picture. He may take the picture of a woman in order to enjoy looking at her while she is not his wife. Bringing it out all the time from what is called album to look at it in order to derive pleasure by looking at it. This, without doubt is forbidden or to take the picture of a young beardless, handsome man just to enjoy looking at it is also forbidden.

Taking the pictures of leaders or rulers or scholars of Islam in order to honour them by hanging it in the house is also forbidden. Taking the picture of devoted servants of Allaah, those who humble themselves before Allaah just to keep it in the house for blessing or for remembrance is also forbidden because it is a waste of time.  What benefit do you derive by remembering the one in the picture time after time? And the worst of that is that some people used to keep the pictures of their dead ones. This is not allowed. The pictures of the deceased should be burnt so that you will not bring sorrow to yourself whenever you remember him by looking at the picture and you may have about it. Burn the picture of the deceased except in the situation where one fears that he may need it in future to provide some evidence for pension collection or the like. This is an exigency. But in the absence of any reason, it must be burnt.

As for when the purpose of taking a photographic picture is for identification of a person or providing proof of events with good intention, there is nothing wrong with it. Similarly, if a person wants to prove a scene and loves that people should know about it to appeal and attract their wealth such as people in hunger or naked or wounded by the enemies and the like to show them to the public in order to solicit on their behalf is also a good intention and there is nothing wrong in taking their pictures.

Source: Sharh Riyaad as-Saaliheen, vol. 4, pp. 266-268