This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
The insignificance of the picture makes it permissible:
When a picture is altered in such a way that it is no longer revered but becomes worthless, it falls within the scope of permissibility. It is mentioned in a hadith that when Jibril (Gabriel) asked the Prophet (peace be upon him) for permission to enter his house, the Prophet (peace be upon him) said:
أدخل، قال كيف ادخل وفي بيتك ستر فيه تصاوير؟ فإن كنت لا بد فاعلا فاقطع رأسها أواقطعها وسائد أو اجعلها بساطا
"Please come in." Jibril said: How can I enter when there is a curtain with pictures in your house? If it must be kept, then cut off the heads of the pictures or tear the curtain and make it into a pillow or bedding.
Reference: Nasa'i, Kitab al-Zinah: Chapter on Mentioning the Most Severely Punished People, Hadith: 5367
That is why when Lady Aisha (may Allah be pleased with her) saw signs of displeasure on the Prophet’s (peace be upon him) face because of a pillow with pictures, she tore it and made two small pillows out of it, so that in such a case the pictures would be demeaned and devalued, and there would be no slightest fear of reverence remaining.
It is narrated from the Salaf that they did not feel any harm in using worthless pictures. Thus, it is narrated from the famous Tabi'i Urwah (may Allah have mercy on him) that he used to lean on pillows with pictures of birds and people. And Ikramah (may Allah have mercy on him) said that the installation of pictures was disliked by the scholars, but those pictures which were generally trampled upon were not considered harmful, and regarding the pictures on bedding and pillows which were trampled upon, he said: This is their humiliation.
Photographs of Photography:
It is quite clear that the hadiths related to images and painting refer to those images which are carved or sketched. But as far as photographic images taken by a camera are concerned, this is a new invention. Photography did not exist during the time of the Prophet Muhammad (peace be upon him) and the pious predecessors. The question arises whether the rulings related to images and painting also apply to photography?
The scholars who believe that the prohibition of images is limited to statues do not consider any harm in photographic images, especially when the image is incomplete.
As for the opinion of the other group, the question is whether these photographic images should be analogized to those images created by an artist’s brush? Or is the reason mentioned in some hadiths—that the painter imitates Allah’s creation—not found in photography? And according to the principle of jurisprudence, when the cause (illat) no longer exists, the effect (ma’lul) also ceases. (That is, when imitation is not found, the prohibition does not apply.)
In this regard, the clearest statement is the fatwa of Mufti of Egypt, Sheikh Muhammad Bakhit al-Mirzuhum. He states that an image made by photography, which consists of capturing a reflection through specific means, does not fall under the definition of the image that is prohibited. Because the type of image-making that is forbidden applies to creating and making an image that did not previously exist and by which the likeness of a living being created by Allah is imitated. But this is not the reality of a photo taken by a camera.
Reference: Al-Jawab al-Shafi fi Ibahat al-Tasweer al-Fotoghrafi
This is the fundamental reality and the Shariah status of a photo. However, there is a group of scholars who are strict even regarding images of any kind and consider them disliked, including photography. Nevertheless, this group also permits and practices photography in cases of necessity or need, such as photographs used in identity cards and passports, pictures of suspects, and images used for explanation and similar purposes. Such images are neither intended for veneration nor do they pose any risk of corrupting belief. Moreover, the need for their use is more urgent and important compared to patterns on clothing, which the Prophet (peace be upon him) exempted from prohibition.
Purpose of the Picture:
It cannot be denied that the purpose of the image plays a significant role in the rulings of prohibition and the like. No Muslim will oppose the prohibition of any image whose purpose is against the beliefs, Shariah, and etiquettes of Islam. Therefore, pictures of women who are naked or semi-naked, highlighting feminine features and parts that may cause temptation, and making sketches or images of them in forms that provoke lustful excitement and incite base desires, as is openly displayed in magazines, newspapers, and cinemas, there is no doubt or hesitation in declaring all these things forbidden and prohibiting such imagery. Similarly, publishing them, preserving them, displaying them in homes, offices, and other places, hanging them on walls, and deliberately looking at and observing such images all fall under prohibition.
The same ruling applies to pictures of disbelievers, oppressors, and sinners. It is not permissible for a Muslim to make or keep pictures of such types of people. For example: pictures of atheist leaders who deny the existence of Allah, or idol-worshipping elders who associate partners with Allah, or Jews and Christians who deny the prophethood of Muhammad ﷺ, or those who claim Islam but disregard the guidance revealed by Allah and make decisions independently, or those who spread immorality and corruption in society, such as actors, actresses, male singers, and female singers, etc.
The same ruling applies to images that represent idolatry or religious symbols that Islam does not approve of, such as pictures of idols, crosses, etc. It is likely that during the time of the Prophet, most carpets, curtains, and cushions had such images and designs.
There is a hadith in Sahih Bukhari:
أن النبى صلى الله عليه وسلم لم يكن يترك فى بيته شيئا فيه تصاليب إلا نقضه
"The Prophet ﷺ did not leave anything in his house that had the image of a cross. If there was such a thing, he would break it."
Reference: Bukhari, Book of Clothing, Chapter on Breaking Images, Hadith: 5952
And Sayyiduna Ibn Abbas (may Allah be pleased with them) narrates:
إن الرسول فى عام الفتح لما رأى الصور التى فى البيت الحرام لم يدخل البيت الحرام حتى أمر فمحيت
"When the Messenger of Allah ﷺ saw images in the Kaaba on the occasion of the conquest of Mecca, he did not enter until he ordered that the images be erased."
Reference: Bukhari, Book of the Prophets' Hadiths, Chapter on the Saying of Allah Almighty (And Allah took Ibrahim as a friend), Hadith: 3352
There is no doubt that these were images representing the idolatry of the polytheists of Mecca and their ancient misguidance.
Sayyiduna Ali (may Allah be pleased with him) said:
كان رسول الله صلى الله عليه وسلم فى جنازة فقال: أيكم ينطلق إلى المدينة فلا يدع بها وثنا إلا كسره ولا قبرا إلا سواه ولا صورة إلا لطخها ! فقال رجل أنا يارسول الله قال فهاب أهل المدينة وانطلق الرجل ثم رجع فقال يارسول الله، لم أدع بها وثنا إلا كسرته ولا قبرا إلا سويته ولا صورة إلا لطختها ثم قال رسول الله صلى الله عليه وسلم من عاد إلى شيء من هذا فقد كفر بما أنزل على محمد
The Messenger of Allah ﷺ was attending a funeral. He said: "Who in Medina performs the service of not leaving any idol unbroken, any grave unlevelled, and any image unaltered?" A man said: "I do, O Messenger of Allah." The narrator said that the people of Medina were afraid of this command and he left, then returned and said: "O Messenger of Allah, I have not left any idol unbroken, any grave unlevelled, or any image unaltered in Medina." After that, the Prophet ﷺ said: "Whoever commits any of these things again will be denying the guidance that was revealed to Muhammad ﷺ."
Reference: Musnad Ahmad: 1/138, 139, and its chain is weak
صحيح مسلم ميں سيدنا على رضى الله عنه هي سے اس كے بعض كا شاهد ان الفاظ كے ساته هے سيدنا على رضى الله عنه نے ابو الهياج اسدي رحمه الله سے فرمايا : ميں تمهيں اس كام كے ليے بهيجتا هوں، جس كے ليے رسول الله صلى الله عليه وسلم نے مجهے بهيجا تها. كسي تصوير مورت كو مٹائے بغير نه چهوڑ اور نه كسي بلند قبر كو دوسري قبروں كے برابر كيے بغير رهنے دينا.
Reference: Muslim, Book of Funerals, Chapter on the Command to Level the Grave, Hadith: 969
What else could these images be other than manifestations of the idolatry of the Age of Ignorance, which a Prophet ordered to be erased and destroyed? That is why the Prophet ﷺ wanted Medina to be cleansed of such traces, and this is the reason he declared that whoever repeats this act is equivalent to denying the guidance revealed by Allah.
Summary of the rulings related to images and the artist:
Summary of the rulings related to images and painters is as follows:
(a) The most severe prohibition and sin is related to images of gods other than Allah. For example, images of the Christian gods, Jesus and Mary (peace be upon them). Making such images is a cause of disbelief. If a person knowingly and deliberately makes such images, promotes them, or venerates them in any way, he shares in the sin according to his share.
(b) The next closest sin is committed by a person who makes an image of something that is not worshipped but resembles the creation of Allah, meaning he claims that he also creates and invents like Allah Almighty. In such a case, he commits disbelief. However, this depends solely on the intention of the painter.
(c) A lesser degree of sin than this is making statues of personalities who are not worshipped but are certainly venerated, such as kings, leaders, commanders, etc., whose statues are erected in squares and other places. Whether the statue is complete or half does not make any difference in the sin.
(d) An even lesser degree is statues of persons who are not sanctified or venerated. There is consensus on their prohibition as well, except for images that are treated with disrespect, for example: children's toys and sweet statues that are eaten.
(e) Next is the category of non-statue images, i.e., artistic pictures of personalities who are venerated, such as rulers and leaders, especially when they are displayed or hung. Their prohibition becomes doubly severe, especially if the images are of oppressors, sinners, and atheists, because venerating them is equivalent to destroying Islam.
(f) A lesser degree of sin than this is images that are not statues and are of living beings who are not venerated but are part of luxury and extravagance, for example, decorating walls with such images which are not free from dislike in any way.
(g) As for images of non-living things, such as palm trees, rivers, ships, mountains, and other natural scenes, there is no sin in making and preserving them, provided they do not distract from obedience or cause extravagance; otherwise, such images are disliked.
(h) As for photographic images, they are basically permissible provided that the purpose is not something forbidden, for example, religious sanctity or worldly veneration of the person in the photo, especially if the person is a disbeliever or sinner, for example, if the person is an idolater, communist, or misguided artist.
(i) The final point is that when forbidden statues and images are defaced, disrespected, or made insignificant, they move out of the circle of prohibition into the circle of permissibility, for example, floor images that are trampled by feet and shoes.
