Standard of Decency in Artistic Works: An Analytical Study in the Light of Sharīʿah and Pakistani Law

Abstract

Artistic expression plays a significant role in shaping social values, cultural norms, and public morality. However, the question of decency in artistic works has remained a contentious issue, particularly in societies where freedom of expression intersects with religious, moral, and legal constraints. This research paper critically examines the concept of the standard of decency in artistic works in the light of Sharīʿah and Pakistani law. The study explores the Islamic legal framework governing modesty, morality, and public decorum, drawing upon Qur’anic principles, Prophetic traditions, and classical juristic discourse. It further analyzes the constitutional and statutory provisions of Pakistan related to freedom of expression, obscenity, and public morality, with particular emphasis on the jurisprudence developed by Pakistani apex courts.

Through an analytical and comparative methodology, the paper evaluates how courts in Pakistan have interpreted and applied the standard of decency while balancing artistic freedom with societal and religious values. The research highlights areas of convergence and divergence between Sharīʿah principles and Pakistani legal standards, and assesses whether judicial reasoning adequately reflects Islamic moral norms in a constitutional framework. The study concludes by proposing a principled and coherent framework for assessing decency in artistic works that harmonizes Sharīʿah objectives with constitutional guarantees, ensuring both moral integrity and responsible artistic freedom.