Prohibition Of Music - 5) The Rulings Of The Fuqaha

As far as the Ummah is concerned, the final word in any matter of the Shariah is the ruling of the Fuqaha (the Jurists) of Islam, the highest of whom were the Aimmah-e- Mujtahideen such as Imaam Abu Hanifah, Imaam Maalik, Imaam Shaafi and Imaam Ahmad Bin Hambal (rahmatullah alayhim). These were the greatest authorities of the Shariah after the Sahaabah.

The Qur’aan and all the Ahaadith pertaining to an issue were infront of them. It is the height of stupidity, insolence and absurdity for any one in this belated age to attempt to negate and refute the rulings of these illustrious Fuqaha by citing certain Ahaadith which ostensibly conflict with their rulings. It is kufr to refute the rulings of the Shariah which the illustrious Fuqaha have formulated on the basis of the Qur’aan and Sunnah. No one can ever hope to understand the Qur’aan and Sunnah better than the Aimmah Mujtahideen and the Fuqaha in general.Ignoramuses, zindeeqs and mulhids see contradictions between the rulings of the Fuqaha and the Qur’aan and Hadith. It is the kufr and nifaaq lurking in their hearts, which impel them to refute the rulings of the Fuqaha of Islam.

On the issue of singing and music, there exists a consensus which is as old as Islam. This consensus of the Fuqaha cannot be scuttled by the nafsaani corrupt opinions of the modernist deviates and ignoramuses of this age. We say to them, don’t cite Imaam Ghazaali (rahmatullah alayh) and don’t cite any Wali who had practised sama’ to justify your baatil and lustful desires which are being presented in Deeni guise. Imaam Ghazaali (rahmatullah alayh) and certain Auliya whose statements and acts appear to conflict with the Consensus of the Ummah are not among the Proofs (Dalaail) of the Shariah. Islam did not develop centuries after the demise of Rasulullah (sallallahu alayhi wasallam). This sacred Shariah was revealed to Rasulullah (sallallahu alayhi wasallam) via the agency of Wahi and it attained its perfection in his very time.

Furthermore, there is a difference of heaven and hell between the sama’ of some Auliya and the shaitaani music and singing of the modernist deviates. Insha’Allah, this will be pointed out in detail further on in this treatise. There is absolutely no justification in sama’ for the haraam shaitaani western and eastern music which has deranged the hearts and brains of the juhhaal. Let us now state the sacred rulings of the Shariah issued by the illustrious Fuqaha of Islam.

(1) “Musical instruments are haraam by the consensus of the Fuqaha of all the lands (of Islam).” (Baghawi)

(2) “The Fuqaha say: ‘Singing is haraam on the basis of this aayat (already discussed) and on the basis of the Ahaadith…” (Tafseerul Mazhari)

(3) “Playing musical instruments and listening to it are haraam.” (Al-Mut-tafaq)

(4) “The musical drum (tablah) and listening to it are haraam……” (Al-Fataawal Kubra)

(5) “Singing even without musical instruments is forbidden, and so is listening to it.” (Minhaajut Taalibeen)

(6) “The Math-hab of Imaam Abu Hanifah (rahmatullahi alayh) as narrated by Abu Tayyib Tabari is: ‘Imam Abu Hanifah forbade singing. He assigned listening to singing to the category of sins.” (Talbees-e-Iblees)

(7) “Imaam Maalik (rahmatullahi alayh) said: ‘Singing is the occupation of fussaaq.” (Fatawa Rahimiyyah)

(8) “Singing and listening to singing are haraam. The Ulama are unanimous in this prohibition. In fact, they have stressed this prohibition.” (Fataawa Khairiyyah)

(9) Imaam Nawawi (rahmatullahi alayh) who is an authority in the Shaafi Math-hab, states: “The singing of a person is either with or without instruments. If it is without instruments, it (singing) and listening to it are Makrooh.” (Raudhatut Taalibeen)

If the singing is without any instruments, and the singer is not a female singing to males, then too it is Makrooh. If the singer is a female, Imaam Nawawi says: “If a male is listening to the singing of a female, the prohibition is extremely severe.” (Raudhatut Taalibeen)

Imaam Nanawi continuing the discussion on singing, says: “Al-Qaadhi Abu Tayyib narrated that it is haraam.’ If there is the fear of fitnah in listening, then it is haraam without any difference of opinion. Similarly is listening to (the singing) of a child when there is fear of fitnah. (E.g. males listening to girls or young lads singing).” (Raudhatut Taalibeen)

In fact, Hakimul Ummat Maulana Ashraf Ali Thanvi (rahmatullah alayh) said that it is not permissible for men to listen to even the Qur’aan recitation of young lads with sweet voices because of the fear of fitnah.

Imaam Nawawi further says: Abul Farj Az-zaaz narrated one view that much listening to singing is haraam, except of it is a little. Another view (narrated by Abul Farj) is that it is completely haraam (whether much or little).” (Raudhatut Taalibeen)

The ruling of the Shaafi Fuqaha differ between Makrooh and Haraam if the singing is without instruments, the singer is not of the opposite sex and there is no fear of fitnah (arousal of passion, etc.) Practically both rulings mean not permissible. Technically haraam is more severe than Makrooh.

With regard to musical instruments, Imaam Nawawi says: “All musical instruments – their use and listening to them are haraam.” (Raudhatut Taalibeen)

Commenting on the permissibility of a particular kind of a flute (yaraa’) mentioned by Imaam Ghazaali (rahmatullah alayh), Imaam Nawawi says: “The most authentic or correct view is that it is haraam.” (Raudhatut Taalibeen)

Regarding the duff, Imaam Nawawi (rahmatullah alayh) states the Shaafi position as follows:

“Striking the duff on a marriage and circumcision occasion is permissible. However, besides these two occasions, the Author of Al-Muhazzab, Baghawi and others say that it is haraam.” If invited to a Walimah which is free of evil and haraam acts, it is Waajib to attend. This Wujoob (compulsion) falls away if there are musical instruments and singers at the function. In Kitaabul Majmoo’-Sharhul Muhazzab, which is an authoritative kitaab of the Shaafi Math-hab, it appears as follows: “If invited to a walimah where there are evils such as wine and musical instruments, leave alone singers and dancers and the like, then if one is aware of this (the presence of musical instruments, etc.) before attending and one has the power to eliminate it, then it is incumbent to attend because it is Waajib to respond to the invitation and to eliminate the evil. If one is unable to eliminate the evil, then it is not incumbent to attend nor Mustahab…..”

The most authentic and official position of the Shaafi Math-hab, despite differences, is that singing without musical instruments is Makrooh With regard to sounds produced with instruments, the Shaafi Math-hab categorizes these into three classes: Haraam, Makrooh and Mubaah (permissible). The permissible category applies to only the duff. This is explained in Kitaabul Majmoo’ as follows:

“The Mubaah kind is the duff. It is permissible to strike the duff on marriage and circumcision occasions. It is not permissible to strike it at other times besides these two occasions……It is narrated that when Umar (radhiyallahu anhu) would hear the sound of a duff he would investigate. If it was a marriage or circumcision occasion, he would maintain silence. If it was a function other than these two, he would proceed towards them with a whip.”

(10) The Hanbali Math-hab] is similar to the Shaafi Math- hab regarding the rulings pertaining to music and singing. The following ruling appears in Al-Mughni, the authoritative Fiqh kitaab of the Hambali Math-hab:

“The instruments of amusement are of three kinds The first is Haraam. (After listing a number of instruments individually, it is mentioned): And haraam are all musical instruments……because it is narrated that Ali (radhiyallahu anhu) said: ‘Verily Nabi (sallallahu alayhi wasallam) said:

‘When in my Ummah 15 practices become rampant, calamities will descend on them……” He then mentioned one of them being the profusion of musical instruments and amusements.” …

Abu Umaamah (radhiyallahu anhu) narrated that Rasulullah (sallallahu alayhi wasallam) said: ‘Verily, Allah sent me as a mercy to the worlds and He has commanded me to destroy musical instruments (ma-aazif and mazaameer).”

(11) The most authentic and official verdict of the Maaliki Math-hab is also prohibition. Discussing this question, and after mentioning the differences, the Maaliki Faqeeh, Shaikh Abu Abdullah Al-Maghribi, states in Mawaahibul Khaleel- Sharh Mukhtasar Khaleel:

“Saabbagh said: ‘I heard Ibnul Qaasim: He was asked about a person who is invited to a feast. On arrival there he finds amusement taking place. Should he enter? He (Ibnul Qaasim) said: ‘If the amusement is a little such as the duff with which women play, then I do not see anything wrong.’ Asbagh said: ‘I do not approve of it. He should return (i.e. not enter the place). Verily, Ibn Wahab informed me that he had heard Imaam Maalik being questioned about attending a feast where amusement is taking place. He (Imaam Maalik) said: ‘I do not approve of a man of honour to be present at amusement.’ Ibn Wahab informed me that Imaam Maalik asked about the duff, the musical reed and other (instruments) of play whose pleasure you experience while you are in the road or at a gathering, etc.

Imaam Maalik said: ‘It is my opinion that he should leave that gathering.’……..Asbagh said: ‘It is not permissible for men to beat the duff which has been made permissible for women on the occasion of marriage. And, whatever is not permissible for them to do, it is not permissible for them to attend (such functions). Besides the duff nothing else is permissible for women, neither singing with it (the duff) nor the baraabit (a musical instrument) nor the mizmaar (musical reed). All this is haraam. It has been made haraam in happiness as well as on other occasions except beating the duff a little…….’ Asbagh said: ‘Verily, Umar Bin Abdul Azeez instructed (his governors) to put a stop to all kinds of amusement except only the duff on marriage occasions.’……Qaasim Ibn Muhammad said: ‘When Haqq and baatil will be gathered on the Day of Qiyaamah, singing will be of the baatil, and baatil will be in the Fire. Asbagh said: ‘And all baatil is haraam for the Mu’mineen.”

The following statement of Imaam Maalik (rahmatullah alayh) has been reported in Al-Mudawwanah: “Difaaf (duffs) and Ma-aazif (musical instruments of all kinds) are Makrooh (detested and prohibited) on marriage occasions and on other occasions (as well).” (Mawaahibul Khaleel)

Hanafi Math-hab

(1) Allaamah Ibn Nujaim (rahmatulah alayh) states: “Bazzaazi (rahmatullah alayh) says in Manaaqib that there exists Ijma’ (Consensus) on the prohibition of all singing with the accompaniment of musical instruments. There is, however, difference of opinion on the question of singing without musical instruments. There is no narration on this from Imaam Abu Hanifah (ra) or his two Companions. However, according to Bidaayah Wan Nihaayah, singing for play and amusement was haraam in all heavenly Shariats (i.e. the Shariats which were revealed to the earlier Ambiya— alayhimus salaam)……From this text of Imaam Muhammad (ra) it is proven that to sing even alone (without musical instruments) is haraam.” (Bahrur Raa-iq)

(2) However, according to Allaamah Ramali (rahmatullah alayh) there does exist difference on the issue of singing without instruments, especially when singing alone in privacy, not for an audience. There is absolutely no difference of opinion among all Authorities of all Math-habs, from the era of the Sahaabah (radiallaahu 'anhum), that singing for an audience is haraam. Such a singer is Mardudush Shahaadah (i.e. his testimony is not acceptable in the Shariah). He writes in Fataawah Khairiyyah:

“There is difference among the Ulama regarding singing (without instruments). According to one group it is permissible while another group says that it is not permissible. The most authentic version narrated from Imaam Abu Hanifah, Imaam Maalik and Imaam Shaafi (rahmatullah alayhim) is that such singing (i.e. singing without instruments) is Makrooh Tahrimi (which is a sinful and a forbidden act).”

The claim that there is no narration of Imaam Abu Hanifah (rahmatullah alayh) on this question is incorrect. In is clearly stated in Bahrur Raa-iq that Imaam Muhammad (rahmatullah alayh) had declared unlawful a bequest which is made in favour of a singer since singing is regarded as sinful. This mas’alah is therefore substantiated on the basis of the Aimmah of the Ahnaaf.

Furthermore, Imaam Abu Bakr Jassaas (rahmatullah alayh) has narrated that in the tafseer of the aayat, “They (the Mu’mineen) do no attend zoor” , Imaam Abu Hanifah (ra) said: “Zoor means singing”.

(3) “To sing for an audience even without musical instruments is a kabeerah (major) sin.” (Fataawa Khairiyyah)

(4) “Among the Fuqaha there is difference of opinion on the question of singing without music. According to some Fuqaha singing is totally haraam and it is sinful to intentionally listen to it. However, if the sound comes to the ears unintentionally, then it is not sinful. According to others, if the singing is in privacy by an individual for banishing loneliness, then it is permissible. But the condition for this permissibility is that it must not be for mere play and amusement. Shamsul Aimmah Sarakhsi also inclines to this view.” (Fataawa Khairiyyah)

(5) Imaam Abu Yusuf (rahmatullah alayh) was asked: “If a woman plays with the duff besides the occasion of marriage, without indulging in any sin, but for some other reason, e.g. to lull and silence her baby, do you say that this is also Makrooh?” Imaam Abu Yusuf (rahmatullah alayh) replied: “It is not Makrooh. But I believe that it is sinful to beat the duff for singing, play and amusement.” (Muheet Sarakhsi)

(6) "Zimmis (non-Muslim citizens of the Islamic state) will be prevented from all shameless and immoral acts, riba, music and singing, and from every such play and amusement which are haraam even in their religion. These things are forbidden in all religions and are considered major sins. And the testimony of a person who sings for an audience will not be accepted because it is an act of fisq (immorality).” (Majmu-atul Hafeed)

The Hanafi Math-hab – Summary

(1) There is unanimity on the prohibition of singing even without musical instruments if the singing is for play, amusement, or deriving carnal pleasure or for an audience.

(2) The duff to which is attached jingling bells is also unanimously haraam.

(3) There is difference of opinion regarding playing the plain, primitive duff on wedding occasions.

(4) Singing for an audience is absolutely haraam.

(5) It is permissible to sing in solitude to banish loneliness provided the song does not consist of immoral statements, and it has not developed into a habit.

(6) All musical instruments are haraam.

Shaafi'ee Math-hab

(1) There exists consensus of the Shaafi Ulama on the absolute prohibition of listening to the singing of a ghair mahram female or a lad even if the singing is without musical instruments. Shaikh Ibn Hajar Makki (rahmatullah alayh) states in Kaf-fur Ruaa’: “It is haraam according to us to listen to the singing of a woman whether there is fear of fitnah or not.”

In Raudhah, Shaikhain have commented on this issue in three places. It is clear that the preferred Math-hab is prohibition. Qaadhi Abut Tayyib (who is among the Shaafi Fuqaha) narrated from the Mashaaikh that it is haraam in every circumstance to listen to the singing of a strange woman, even if the woman is behind a screen. Qaadhi Abul Husain has also explicitly claimed the prohibition of listening to a female singing. There is no difference in this regard.”

Imaam Azrai (rahmatullah alayh) stated with greater clarity that under no circumstances whatsoever is it permissible to listen to the singing of a woman or a lad regardless of whether the singer is a source of fitnah or not. Even if the singer is not a medium of fitnah, the very act of listening to singing pollutes the soul and incites carnal passion…….For safety against this evil passion, listening to singing has been decreed haraam. This hurmat (prohibition) is so clear that no fair-minded person will reject it.

Imaam Azrai narrating from Imaam Qurtubi (rahmatullah alayh) said: “Even according to the majority of those who say that singing (without music) is permissible, listening to the singing of a woman is haraam. Whether the audience consists of only males or only females. In fact, it is haraam to listen to a strange woman reciting even the Qur’aan or duas because her voice incites passion and there is the danger of falling into evil.” (Kaf-fur Ruaa’)

(2) There is consensus of the Shaafi Ulama on the prohibition of singing even without musical instruments if the singing incites passion.”
(Ihyaaul Uloom of Imaam Ghazaali)

(3) Shaikhul Islam Ahmad Bin Yahya Bin Muhammad Al- Hafeedul Harwari (rahmatullah alayh), a very senior Shaafi Faqeeh, writes: “To listen to the singing of a woman and a lad is unanimously haraam. Similarly musical instruments associated with drunkards are haraam, such as tablah (musical drum), tambourine, flute, harp, Iraqi flute and all other musical instruments and different kinds of guitars are haraam.” (Majmuatul Hafeed)

(4) About professional singing, Allaamah Ibn Hajar Makki (rahmatullah alayh states several views as follows: * It is absolutely haraam. According to Imaam Qurtubi, this is also according to the Math-hab of Imaam Maalik (rahmatullah alayh). Abu Ishaaq said: ‘I asked Imaam Maalik about the leniency shown towards singing in Madinah, and he replied: ‘In Madinah too singing is the practice of the fussaaq (immoral violators of the Shariah). The masses (in Madinah) consider it forbidden. This is the way of the people of Madinah.’ Ibrahim Bin Sa’d is a solitary exception who does not see anything wrong in it.

Imaam Abu Hanifah (ra) and all the Ulama of Kufa among whom are Hadhrat Ibraaheem Nakh’i (ra), Imaam Sha’bi (ra), Hammaad (ra), Sufyaan Thauri (ra) and others, are unanimous in this ruling (of prohibition). Two views are attributed to Imaam Shaafi (ra) and Imaam Ahmad (ra). The one view is absolutely haraam. Haarith Muhasabi (ra) says that singing is just as haraam as carrion (dead animals). In two places of Imaam Raafi’i’s (ra) famous kitaab, Ash-Sharhul Kabeer, it is mentioned with much clarity: ‘Singing is haraam’. In Raudhah, Imaam Nawawi (ra) adopted this view.

* Another view is: Engrossment in singing renders it haraam. However, if one sings in an impromptu manner for a short while, then it is permissible.

* If a person is alone in his house and sings, it is permissible otherwise haraam….” (Kaf-fur Ruaa’)

(5) Notwithstanding his leniency in the matter of singing, Imaam Ghazaali (rahmatullah alayh) sates: “According to Imaam Shaafi (rahmatullah alayh) the testimony of a professional singer is rejected because singing is an abhorrent and Makrooh profession.” (Ihyaaul Uloom)

(6) Imaam Shaafi (rahmatullah alayh) said: “In Baghdad I observed a practice which zindeeqs had innovated. They call it Taghbeer. By means of this practice they divert people from the Qur’aan.” (Ighaathatul Luhfaan)

Taghbeer is similar to the qawwaali gatherings of the Ahl- e-Bid’ah. The songs sung consist of only poetry intended to decrease worldly attachment and increase concern for the Aakhirah. The songs pertain to topics of Zuhd (renunciation of the world). The singer would sing while members of the audience would play on flutes (mouth organs). Inspite of the esotericism of the songs, Imaam Shaafi brands the singers and the audience as zindeeqs. A zindeeq is a class of unbeliever. What shall we now conclude of the view of Imaam Shaafi (ra) regarding the immoral music and singing which Muslims have inherited from the immoral kuffaar of this age?

The Majlis (Sawtush Shaytaan)

» Posted by Seifeddine-M on 7th October 2011

0 Comments