Is It Permissible To Take Pictures of Someone Without Their Express Permission if Their Silence is Understood to be Permission?
Question:
Assalamu ‘alaykum
Is It Permissible To Take Pictures of Someone Without Their Express Permission if Their Silence is Understood to be Permission?
Can I Share a Recording of a Private Class With Students In That Class?
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
Can I Take a Picture of Someone Without Explicit Consent?
Yes, you can take a picture of someone who understands that being in a particular environment means that people will take pictures of them. If, however, that person explicitly states that they do not want their picture taken, you should refrain from doing so.
This can be understood from a legal maxim: ”That which is customarily known is as though it has been stated as a condition explicitly.” (Zarqa, Sharh al Qawa’id al Fiqhiyya)
Can I Share a Private Class Recording with Those Who Are in the Class?
This matter is dependant on the teacher of the class. He may be fine with it, or he may not want students to rely purely on the recordings and become lax in attending the classes. Although, the assumption is that sharing the recording would not be a breach of trust since those students are participants of that private class.
Allah Most High commanded us to uphold our trusts: “O Believers, do not betray Allah and the Messenger, nor your trusts knowingly!” (Qur’an, 8:27)
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital. As a result, he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.
