Q: The Ulama prevent us from having CCTV saying that it is tasweer (photos of animate objects) and tasweer is not permissible in shariat, yet they allow taking out passport photos. After one has completed one’s Fard Hajj there is no need for one to travel, hence travelling is just something permissible. So how can one perpetrate a haraam by taking out passport photos just in order to fulfil a permissible need?
A: We do not agree with your reasoning that taking out passport photos will only be for the purpose of mubaah actions. It is possible that taking passport photos could be for mubaah as well as fardh or waajib actions. The need for travelling could arise at any time in the future for fardh or waajib actions (e.g. travelling for a fardh Hajj or a Hajj or umrah that one had made nazr of or travelling to earn one’s fardh livelihood or for hijrat at the time when one’s deen or life is in danger or to meet one’s relatives living abroad or to reconcile their family disputes, or travelling abroad for relief work, or for da’wah purposes, or to learn or teach Deen to the ummah who do not have Deen, etc). Hence at the time of need, one might not be able to immediately acquire the passport and fulfil the Deeni or worldly need. Hence, Shari’ah will allow one under the circumstance to take out passport photos as this enters under the category of الضرورات تبيح المحظورات (as it is unavoidable and there is no other sharee substitute to fulfil the need). Just as donating blood إصالة is not permissible, however ضرورة Shari’ah has allowed it and it will be permissible for one to donate the blood to the blood banks even before the need arises as at the time of need, it will be too late to go around looking for people to donate the blood.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)