https://tsa.itaihe.ac.ir/ Theoretical Studies of Art en daily 1 Sat, 23 Aug 2025 00:00:00 +0330 Sat, 23 Aug 2025 00:00:00 +0330 https://tsa.itaihe.ac.ir/article_231185.html Every artistic work is a creative mental construct embodying beauty, capable of influencing those who perceive its message. Such works originate in the mind, are externalized, and fixed in a tangible form, making them reproducible and distributable. At the same time, these works may reflect the culture or historical heritage of a society, holding significance for its people. Given these dimensions, several questions arise regarding artistic works: First, under which legal framework does the externalization of artistic expression fall? Second, once a mental creation is externalized and fixed in a physical medium, how is it protected against infringement? Third, which economic rights does the legal system safeguard? Finally, on what basis does the legal system preserve artistic works, preventing their loss, destruction, or decay? These questions can be categorized into three groups: (1) The legal system’s perspective on the expression of mental creations, which relates to the institution of free speech and its limits; (2) How the legal system provides moral and economic protection for the work, recognizing exclusive economic rights; and (3) What measures are taken to ensure the preservation and survival of the work. This article focuses on the third question, which itself has multiple facets, aiming to examine how artistic works are safeguarded. While intellectual property (IP) systems are designed to protect artists' economic interests and the moral integrity of their works, a broader cultural and civilizational question remains:  Why should an artistic work be preserved, and how can its loss or decay be prevented?  Two key arguments emerge here: First, IP protection inherently creates a foundation for preservation; second, expanding IP discourse extends rights from individuals to groups or communities sharing a cultural heritage. Additionally, alternative legal bases for preservation beyond IP must be explored. Using an analytical methodology and theoretical frameworks, this article seeks to bridge the connection between  protection  (legal safeguards) and  preservation  (cultural conservation). It analyzes the role of IP in both exploitation and preservation, explores conceptual and structural expansions of IP, and identifies complementary foundations for safeguarding artistic works. The author argues that while IP is fundamentally designed for protection and exploitation—not preservation—it indirectly contributes to preservation. However, IP alone is insufficient; preserving artistic works requires supplementary legal and cultural foundations.  https://tsa.itaihe.ac.ir/article_231187.html This article examines the objectives of Sharia in Islamic governance of arts. In Islamic jurisprudence, Islamic governance refers to the exercise of public authority aimed at advancing the social goals and purposes of Sharia, where such authority is bound by considerations of public interest (maslaha). Therefore, the objectives of Sharia in Islamic governance must be framed within jurisprudential parameters for determining public interest. Within this framework, three primary objectives for Islamic governance in arts are proposed and substantiated as foundational premises. First, the veneration of Islamic symbols (ta'zim al-sha'a'ir al-islamiyya) is established as an objective, supported by jurisprudential precedents that justify certain artistic works and behaviors. The second objective involves safeguarding art from immoral and forbidden elements (mafasid wa munkarat), while the third aims to align art with the promotion of virtue (iqamat al-khayrat) and eradication of vice (ihadmat al-munkarat). The articulation and validation of these three objectives follows an exposition of Islam's comprehensive perspective on art—with beauty as its focal point—as evidenced by Quranic texts and hadith. The methodology employed is jurisprudential (fiqhi) and based on independent legal reasoning (ijtihad). The article's innovative contribution lies in its treatment of the subject through the lens of Islamic governance, with analysis and conclusions developed within the jurisprudential framework for determining public interest in Islamic governance systems.  https://tsa.itaihe.ac.ir/article_231191.html  Art is an inherent right within the framework of civil and human rights. Its benefits and impacts are so significant that no government can afford to ignore it, thereby depriving itself and its citizens of its value. Islamic Sharia provides valuable teachings and considerations regarding art, from which the right to art can be derived. Consequently, the duties and obligations of an Islamic government in securing and protecting this right can also be inferred. The Islamic government must adequately facilitate the means for citizens to benefit from this right, guiding it appropriately while safeguarding against its potential deviations and harms. This article seeks to establish the foundations of the right to art and elucidate the most important duties of an Islamic government in this regard. These duties include recognizing and protecting the right to art, utilizing art for education and moral development, enhancing psychological and spiritual well-being in society, and promoting religious knowledge and culture. Additionally, the Islamic government is obligated to provide necessary support for underprivileged and disadvantaged citizens to access this right in accordance with their needs and talents. Furthermore, it must extend appropriate support for the creation and presentation of commendable artistic works while implementing suitable measures to prevent the infiltration and spread of deviant and harmful art, as well as mitigating its negative consequences. Thus, it can be affirmed that Islamic governance in art constitutes a worthy and comprehensive system.  https://tsa.itaihe.ac.ir/article_231195.html With the ever-expanding dimensions of art and its means of transmission, along with its growing influence on individual and social life, regulation and support by governing authorities have become increasingly necessary. To prevent the weakening of governance-based systems and to ensure proper policy-making and legal regulation, we require precise scientific foundations and frameworks aligned with religious norm-setting—a responsibility that falls upon the noble discipline of jurisprudence (Fiqh). The governance's approach to artistic events, depending on the type of government and its dominant values, demands theoretical backing. This research, employing a descriptive-analytical and jurisprudential (Ijtihadi) method, seeks to extract jurisprudential rules governing the application of cultural governance and define its boundaries in filtering artistic works in a way that does not conflict with the right to freedom of expression and the free flow of information. The study examines rules such as the prohibition of insulting divine symbols and sanctities (Hormat-e Ehānat be Sho’ār-e Moqaddas), the principle of negating domination (Nafy-e Sabil), the jurisprudential obligation to preserve the social order (Wujub-e Hifz-e Nezām), the duty to guide the ignorant and admonish the negligent (Ershād-e Jāhel wa Tanbih-e Ghāfel), the prohibition of deceiving or encouraging ignorance (Hormat-e Taghrir-e Jāhel ya Ighrā’ be Jahil), the principle of precautionary dissimulation (Taqiyya), the necessity of preventing probable harm (Luzum-e Daf’e Zarar-e Mohtamal), and the prohibition of self-harm (Hormat-e Izrār be Nafs). These principles are analyzed and applied to contemporary examples.  https://tsa.itaihe.ac.ir/article_231203.html Policy of Islamic Republic of Iran for facing with cultural and artistic products are based on controlling system of license issue and Iranian law basically not only does not recognize cultural and artistic products that are produced without license of Ministry of Culture and Islamic Guidance and its associated departments, but also it is regarded as crime. Producing music with text is not excluded from this rule but for licensing text of music, there is no complied policy and person interest of decision board plays key role. In this research, the criterion for censorship of text of music among available scattered references is extracted and grouped and then we compare and analyze executed works by Iranian pop music in 1970's and before victory of Islamic Revolution. The goal of this article is examining level of adaptation of these works with current censorship criterions for receiving license. In this article 47 works of singers during the year 1971 to 1978 by serious viewpoint of censors of Ministry of Culture and Islamic Guidance were examined and it was determined that half of the songs did not have any problem in compliance with current censorship principles of Ministry of Culture and Islamic Guidance and are able to receive license. Thus, if beyond legal factors are not involved and only according to presented musical tracks offered by these singers, it is not any prohibition for receiving license and through applying short amendments, it is possible to receive license. https://tsa.itaihe.ac.ir/article_231209.html The right to art and its manifestations—including freedom of artistic creation, the right to artistic expression, and so forth—are grounded in the conception of "right" as "having a right." The distinction between "good" (khair) and "right" (haqq) delineates two domains: "virtue and ethics" and "legal governance over artistic works." At the first level, we encounter only the guarantee of individuals' free will, without delegating judgment on the content of actions arising from this will (the artwork) to the government. However, at the second level, the content of actions stemming from the artist's free will also becomes subject to debate and judgment. Based on this preliminary explanation, it is essential to scientifically examine the possibility of artistic neutrality and the reduction or prohibition of ideological state intervention in artworks. Among the findings of this descriptive-analytical study is that although the fundamental and primary principle is non-interference in moral intentions, the elimination of legal oversight over artworks does not necessarily lead to artistic neutrality. Moreover, theories of neutrality do not inherently demand the absence of legal supervision over artistic works. At the same time, we must not disregard the real picture of human social life or present an impossible and unrealistic interpretation. Furthermore, the mission of art—as well as the government's oversight of artworks—is based on protecting the "hard core of moral goods" (the shared consciousness and common ground among diverse conceptions of the good).  https://tsa.itaihe.ac.ir/article_231210.html In cases such as necessity ( idhtirar ), conflict of duties ( tazahum ), and the ruler’s consideration of expediency ( maslahat ), a divinely prohibited ( haram ) ruling may practically become permissible (jayiz ). In this research, such an act—which originates in prohibition but is temporarily rendered lawful—is termed "permissible emergency" ( jayiz idhtirari ). A legally responsible person ( mukallaf ) may, in their individual practice, intend to perform this "permissible emergency" act with the aim of deriving pleasure (qasd al-ladhdhah ) or deliberately committing its prohibited aspect ( wajh al-haram). Similarly, in the realm of governance jurisprudence ( fiqh al-hukmrani ), particularly art governance—which has a more direct influence on public culture—the ruling authority might promote and propagate such "permissible emergency" acts while indulging in or intentionally emphasizing their prohibited dimensions. The core question of this research is: What is the nature of the intention to derive pleasure from a "permissible emergency" act, and what constitutes the intention to commit its prohibited aspect?Using a jurisprudential ( ijtihadi ) methodology, this article examines the constraints mentioned in the Quranic verses on necessity (e.g., 5:3, 6:145, 16:115) and concludes that deriving pleasure from a permissibly emergency act ( halal idhtirari ) or deliberately committing its prohibited aspect is not permissible ( jayiz ). Furthermore, the state, in its governance role, must avoid actions that normalize sins ( ‘adi-sazi gunah*) temporarily permitted under necessity, conflict, or expediency.  https://tsa.itaihe.ac.ir/article_231211.html Seyyed Hossein Nasr is among the most prominent contemporary traditionalist figures, whose works predominantly defend tradition and critique modernity. For Nasr, the scope of tradition is so comprehensive that nothing in traditional civilizations falls outside its domain—including art. He attributes numerous characteristics to traditional art, with spirituality being paramount. His book *Islamic Art and Spirituality* specifically explores this relationship across various art forms. In this and other works, Nasr interprets Persian miniature painting as intrinsically linked to spirituality, considering it a reflection of the imaginal world ( alam al-khayal ). This study's central question examines the extent to which Nasr's perspective on the connection between Islamic spirituality and art can be traced in Persian miniature painting. Given the broad scope of this theory, the authors focus temporally on the early Safavid period (from its inception to Shah Abbas I's reign), employing a historical-analytical approach. The primary objective is to determine the relationship between miniature painting and spirituality in early Safavid art. The findings reveal that historical evidence presents inconsistent conclusions: while some painters' biographies may attest to their personal spirituality, travelogues from the period remain silent on this matter. Content analysis of prefaces to  muraqqa  (albums),  Qanun al-Suwar  (Canons of Painting), and other key Safavid sources yields divergent results. The research adopts an analytical-descriptive methodology, relying on library-based data collection.   https://tsa.itaihe.ac.ir/article_231217.html One of the contentious issues among producers at the national media today is the display of musical instruments, which—according to the fatwas of Imam Khomeini (r.) and the Supreme Leader (may his presence be prolonged)—is impermissible. Since the primary reasoning cited for this prohibition is the promotion of vulgar music, it appears that through a precise analysis of the primary jurisprudential evidence, a proper explanation of secondary evidence, and considering the role of national media in developing an Iranian-Islamic culture—while adhering to religious guidelines—it may be possible to issue a ruling permitting the display of musical instruments on national media in order to promote refined and dignified music.  https://tsa.itaihe.ac.ir/article_231219.html Iranian performances, in the specific sense, from a typological perspective, include epic performances, such as Naqqāli from the Shāhnāmeh and epic texts, mournful performances like Ta'ziyeh and Naqqāli from the event of Ashura, and finally, joyful performances such as clowning (Dahlak-bazi), Baqqal-bazi, Mir Nowruzi, Siah-bazi, puppet shows, and also comedic Ta'ziyeh (Ta'ziyeh-e Mozhek). These performances generally enjoyed favorable conditions during the Qajar period, especially during the Naseri era. This research, focusing on Ta'ziyeh, seeks to answer the question: What are the factors behind the flourishing and decline of the ritual performance of Ta'ziyeh, and considering these factors, how did the patronage of the rulers during the Qajar period play a role in its flourishing and decline? The research findings indicate that the patronage of Qajar rulers towards artists, considering the social conditions and audience participation, especially during the Naseri era, led to the stabilization and growth of the ritual and performative aspects of Ta'ziyeh in relation to its audience. However, this same patronage from the Qajar rulers, in another time period, caused the decline of Ta'ziyeh. This simultaneous rise and fall indicates that the imprudent patronage of rulers may overshadow the ritual and performative aspects of Ta'ziyeh. The certain outcome of this patronage, alongside strengthening the ritual and performative aspects, is facilitation of the performance in relation to the audience, which consequently varies the type and extent of support at different times. https://tsa.itaihe.ac.ir/article_231224.html The rise of the Qajar dynasty coincided with Iranians' exposure to the transformations that had revolutionized the Western world, as well as the wave of modernization that permeated the country's political and cultural atmosphere as a result of this exposure. This provided the grounds for changes in the patterns of Iranian carpets and led to the emergence of a nascent style in Iranian carpets known as pictorial carpets. The main research question is: What was the impact of Qajar rule and the developments of this particular historical period on the themes of Iranian pictorial carpets? The aim of this research is to understand the reasons behind the production of pictorial carpets with various themes during the Qajar era. The method used in this research is fundamental in purpose and historical-descriptive in nature, with a comparative approach. The samples introduced in this research are of the quota type, consisting of representative examples selected through theoretical saturation and analyzed using qualitative methods. The findings of this research, based on documentary studies, show that some of the Qajar's domestic and foreign policies directly influenced the determination of pictorial carpet designs, while some of these designs were also influenced by international developments. Overall, the results of the research indicate signs of the emergence of a discourse of modernity within the study corpus, which can be considered a reflection of the aforementioned discourse in Iranian society.   https://tsa.itaihe.ac.ir/article_231225.html The nature of human perception has been one of the most important philosophical issues from ancient times to the present. Philosophers have considered perception as presence and have discussed its identity. From Mulla Sadra's perspective, perception has an ontological identity. Every perception is a illumination that the existence of the known brings about in the human rational soul. This existential process expands the scope of the human soul and, consequently, enhances its substantive intensity. On the other hand, based on a philosophical principle, the greater the intensity of an existence's realization, the more it influences and the less it is influenced. Based on these two philosophical premises, it can be inferred that for the growth of their artistic creativity, an artist must increase the scope of their knowledge and, through it, enhance the substantive realization of their soul. In this process, the artist, through successive "becomings" by increasing the forms of knowledge in their soul, expands the existential capacity of the soul as a creative gem, thereby attaining greater artistic creativity. This research is organized in a library-based manner using a descriptive-analytical method.