Question Summary:
Is it permissible for a web designer to upload cartoon pictures on websites?

Question Detail:

asalam o alaikum
i m graphic and web designer, can i upload cartoon pictures on customer website ?but cartoon is not made by me,i just download pictures from net and paste on website.
or can i upload company product on website?but company products have pictures of cartoons.and cartoon is not made by me. examples are below!
http://www.pk.all.biz/jelly-bottles-g10095
http://www.pk.all.biz/jelly-bottles-g10095

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
You have stated that you are a web designer and you upload cartoon pictures onto websites.
 
In principle, the prohibition of pictures is not restricted to only manufacturing and creating pictures. Rather, the prohibition also includes utilizing pictures in a way that gives significance and value to the pictures. [1] Mullā Ali al-Qārī Rahimahullāh states in Mirqāt al-Mafātīh, a commentary on Mishkāt al-Masābīh:
 
وَأَمَّا اتِّخَاذُ الْمُصَوَّرِ بِحَيَوَانٍ، فَإِنْ كَانَ مُعَلَّقًا عَلَى حَائِطٍ سَوَاءً كَانَ لَهُ ظِلٌّ أَمْ لَا، أَوْ ثَوْبًا مَلْبُوسًا أَوْ عِمَامَةً أَوْ نَحْوَ ذَلِكَ، فَهُوَ حَرَامٌ (مرقاة المفاتيح، في شرح حديث 4489) 
 
As for the ruling of utilizing items that have pictures of animate objects, it is impermissible. For example, hanging a picture on the wall, whether the picture has a shadow or not, wearing pictured clothing or a pictured turban, etc. (Mirqāt al-Mafātīh, Hadīth No. 4489)
   
The purpose of posting pictures on a website is to attract and fascinate the viewers. This gives importance and value to the picture. Therefore, it is impermissible to upload pictures of human beings or cartoon characters onto websites.
 
However, Sharīah has made a distinction between small pictures and big pictures. In defining a small picture, the Fuqaha have mentioned that if a picture is placed on the ground and a standing person with a reasonable vision is unable to discern the features of the picture, then it is small. And if the standing person is able to discern the features of the picture, it is big. [2]
 
To make or manufacture pictures, whether small or big is impermissible. However, Sharīah has overlooked and granted leniency for having small pictures in one’s house etc. Therefore, there is a leeway to post small pictures on websites. [3]
 
We have viewed the link that was sent with the query. The two pictures on the bottom of the page are considered small since the features are not discernible. Hence it is permissible to upload such pictures. However, the pictures on the jelly bottles that have been uploaded on the top of the page are not small. The facial features are clearly discernible. Hence, to upload such pictures is impermissible.  
 
And Allah Ta’āla Knows Best
Abdul Azīm bin Abdur Rahman,
Student Darul Iftaa
U.S.A.
Checked and Approved by,
Mufti Ebrahim Desai.
 
 
Clarification
 
The Darul Iftaa has received queries regarding Mufti Ebrahim Desai Saheb’s teaching and affiliation with Madrassah In’aamiyya, Camperdown. The confusion is probably due to the previous Fatawaa and Google searches of Mufti Ebrahim Desai Saheb issued under the name of Darul Iftaa, Madrassah In’aamiyyah, Camperdown.
 
Mufti Ebrahim Desai Saheb has resigned from Madrassah In’aamiyya two years ago and has no affiliation with Madrassah In’aamiyya, Camperdown.
 
Mufti Saheb has established the Darul Iftaa in Durban that facilitates for post-Ulama courses and training Mufti’s. He teaches Hadeeth at Darul Uloom Nu’maniyyah.
 
Email: darululoomnumaniyyah@gmail.com or
arkhanar@telkomsa.net