Can we treat a video or photo as an evidence against or for any person in order to prove him guilty or not? If so, then video, photo must be allowed. As you know that videos, photos and many other things preserves events in a real time ie when it happens. So, to know the truth these techniques are extremely helpful to deliver the justice. Islam wants justice to be revealed at any cost and there must not be even an iota of injustice to anybody. In fact these techniques help us to know the truth and a person can not lie if he or she knows that his or her video or photo is taken and can be produced in a court. Like for example I have a shop which has video camera in it, so if somebody attempts to thief and his activities are captured by camera. So, is it allowed in Islam to produce that as an evidence against the thief in a court? If it is allowed then photography, videography must be allowed in Islam if not then why?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 70/45/D=01/1437)

Generally, photography and picture making is unlawful and haram, Hadith sternly warns about it.
إن من أشد الناس عذابا يوم القيامة المصورون (البخارى).
However, in the light of other provisions, the Ulama allowed it at the time of need, such as for Identity Card, PAN card, Aadhar Card and other documents. Allama Sarkhasi, may Allah have mercy upon him, writes:
وإن تحققت الحاجة له إلى استعمال السلاح الذي فيه تمثال فلا بأس باستعماله (شرح السير الكبير 1/463)
Hence it shall be allowed to make video or take photograph of the activity of theft, violence, incident or any other event out of need for justice (ie it is feared that if it is not done then someone’s right shall be lost). However, it shall be unlawful to make video or take photograph unnecessarily and for show in each case.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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