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Drawing Incomplete Sexually Provocative Images

Question

Is drawing incomplete (that means without head) sexually provocative images of nude humans haram or permissible? and what if the drawing is not sexually provocative?Please mention if there is difference of opinion regarding this issue among the scholars or if there is ijma regarding this issue. If there is difference of opinion then please state the opinions of differing scholars regarding this. Then mention the more correct opinion. Also if it is haram then please clarify if the sin of looking at those drawings is major or minor and if it is the same as the sin of looking at real naked people.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is impermissible to draw nudes, whether the images are complete or incomplete, and whether they arouse sexual desires or not, unless there is a Sharee‘ah-acceptable necessity or a considerable need for these images. In this case, the necessity or need should be measured and estimated according to the situation.

It is impermissible to look at such images and there is no difference between looking at them and looking directly at the ‘Awrah (body parts that must be covered as per the Sharee‘ah) of naked people according to the general majority of scholars, especially if these images are sexually provocative. Ibn Al-Qattan Al-Fasi said in his book Ihkam An-Nathir fee Ahkam An-Nathar bi Hasat Al-Basar: “In brief, all that is impermissible for a man to look at directly (the ‘Awrah of others) is also impermissible to look at its reflection on a mirror, water, or any polished surface.

Ibn Hajar Al-Haytami said in Tuhfat Al-Muhtaj: “This excludes similar situations; it is not forbidden to look at its reflection on a mirror, as more than one scholar believed … This is conditioned to the situation when there is no fear of Fitnah (temptations) or arousal of sexual desire.

The basic rule is that it is forbidden to look at the ‘Awrah of others, but it is not a grave sin. However, if a person commits this sin persistently, it becomes a grave one.

Ibn Taymiyyah said in Majmoo‘ Al-Fatawa:

As for the forbidden looking and touching, minor sins in this regard are forgiven as long as the doer avoids grave sins. If he persistently looks at or touches what is prohibited for him to look at or touch, it becomes a grave sin.

The fact that looking at the ‘Awrah of others is not a grave sin does not suggest indifference or underestimating its gravity. Looking at what is prohibited to look at is one of the main reasons for falling into Fitnah and the corruption of the hearts. Allah, The Exalted, Says (what means): {Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do.} [Quran 24:30]

Al-Qurtubi may  Allaah  have  mercy  upon  him said in his Tafseer book: “It is obligatory on Muslims to lower their gaze and refrain from looking at all prohibitions and whatever may lead to Fitnah (temptations).

It was narrated on the authority of Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet, sallallahu ‘alayhi wa sallam, said: “Allah, The Exalted, has decreed for every son of Adam his inevitable share of Zina. The Zina of the eyes is (unlawful) looking, the Zina of the ears is looking [at what is prohibited], the Zina of the ears is listening [to what is forbidden], the Zina of the tongue is uttering [what is unlawful to say … And the heart is tempted and longs [for Zina], and the private parts realize that or refrain [from submitting to temptation].” [Al-Bukhari]

Ibn Al-Qayyim may  Allaah  have  mercy  upon  him said: “Allah, The Exalted, enjoins the believers to lower their gaze and guard their private parts, and informed them that He watches their deeds and knows what that which deceives the eyes and what the hearts conceal. Since the forbidden looking leads to falling into this sin (Zina), the first divine command in this regard was to lower one’s gaze and refrain from looking as what is prohibited to look at. Having an unrestrained gaze leads to the failure to guard one’s private parts; small spark could turn into a big fire.” [Al-Jawab Al-Kafi]

Allah knows best.

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