FATWAA REGARDING MUSIC





Indeed, all glory and praise is due to Allah. We glorify and praise Him and we ask Him for help and forgiveness. In Allaah we seek refuge from the evils of ourselves and from our wrong doings. He whom Allaah guides shall not be misguided, and he whom He misguides shall never be guided. I bear witness that there is no (true) god except Allaah, alone without any partners, and I bear witness that Muhammad  is His servant and Messenger.

The Question and Answer :

A question that I came across concerning "music and singing" in an Egyptian magazine dated Thul-Qa'dah 29, 1373 H (1) , stated the following:

    "I am a Muslim young man. I perform the requirements of the religion (and am very sincere). However, there is something that  overwhelms me, which is the passion for music and singing; even though I memorize the noble Qur'aan. Is this passion haraam (forbidden)?"

    The answer to this question was provided by an esteem scholar as follows: "If singing does not stimulate sexual desire, we do not find any reason for forbidding it. The Arabs used to chant, sing, and beat the duff (2). Some reports have included a recommendation to beat the duff in marriages. It was also said, 'The distinction between halaal (the permission) and harraam is the duff.' The same argument applies to music.

    We note that when the Persian singing, accompanied with musical tones, was introduced during the time of the taabi'oon (3), they took two different positions: One group liked to listen to it and did not find anything in it that contradicted the religion, such as al_Hasn al-Basree. Another group did not like it, and considered it contradictory to zuhd (4) and piety, such as ash_Shi'bee.

    At any rate, it is agreed (among the scholars) that as long as it does not stimulate sexual desires, and does not deter from remembering Allaah and the prayers, it (music) inflicts no harm on one's religion!"

Several Errors in a Short Fatwaa:

    In this fatwaa (verdict) although short---- there are various errors and illusions that I would not expect a scholar to commit. It contradicts authentic Hadeeths as well as the opinion of most of the reputable scholars. When it was first published, I wrote a response to it and mailed it to the magazine, but it was not published; probably because the magazine's publication was subsequently suspended during the rule of 'Abd un-Naasir.

    Therefore I find it important to clarify these errors as briefly as possible, and elaborate only on those related to the subject of this book.
 
 

1. The Reason for the Prohibition of Music

The basis for forbidding singing (accompanied with music) is the well established authentic hadeeths in the books of Sunnah. They will be presented, together with their verification by the scholars of Hadeeth, later in this book.
Is the shaykh unaware of these hadeehts, or did it slip him? These are two possibilities;  the best of which is still a bitter one!


2. Sexual Desire

UNREALISTIC CONDITION
The Shaykh legislates a condition of his own, "The singing should not stimulate sexual desire." Some of his students, have copied his opinion. The first declares, "There is no harm if singing is accompanied by not stimulating music!"
This condition is not realistic or practical. It cannot be controlled, because what stimulates desire varies with moods; masculine or feminine, old age or youth, warm or cold weather, and  so on as should be obvious for the witty.
By Allaah, I am amazed at how those scholars follow one another in setting this condition. In addition to contradicting the authentic hadeeths they contradict the opinions of the Four Imaams (5)  and the early scholars. They create conditions unprecedented by any of the respected Imaams.
EVIL CONSEQUENCES
This false condition is bound to lead to bad consequences. Among them is that it causes those who accept it to be involved in types of singing and music that even they [normally] shun! Let us consider the example of one of the student of the Shaykh. He frankly declares, and sometimes even boasts that he listens to the singer Umm Kulthoom, the musician Muhammad Bin 'Abd ul-Wahhaab, and their like! His wife, children, and even his students would watch him listening to this music, as he declares in some of his writings. Can those people who are constrained by their limited knowledge or adolescence, distinguish between sexually stimulating music; so as to block their ears from it, and the other music, so as to listen to it?
THE HANAFEE'S VIEW OF WINES
This condition reminds me of the Hanafee Mathhab's (6) differentiation between the wine derived from the grapes and that derived from other things such as dates and the like. They (the Hanafee scholars) consider the first to be absolutely forbidden, whether taken in little or large amounts, whereas the latter is only haraam if taken in large amounts that cause drunkenness!
How can an individual practically differentiate between small amounts that do not cause drunkenness and large amounts that cause it?  And if we admit that  this is possible, when would it be verified, is it before drinking, or after becoming drunk? This question was left unanswered by the Hanafee scholars, thereby allowing the drinker to decide for himself?
BECOMING THE MEANS TO EVIL
The previously mentioned scholars have created similar confusion when they differentiated between the forbidden and approved music based on sexual stimulus. Would a person say this if he believes in the Prophet's  saying: "And he who roams close to the forbidden land (of a king) will eventually drift into it." (8)
And the Prophet's saying: "Leave that which gives you doubts for that which does not?" (9)
These, as well as many other texts in the Qur'aan and Sunnah, established the rule of "Sadd uth-tharaa'i: blocking the means to evi," one of the features that demonstrate the perfection of the Islaamic Sharee'ah (law). The  distinguished scholar Ibn ul-Qayyim has illustrated this rule with tens of examples from the Qur'aan and Sunnah (10), one should be keen to review them, because they are important.
TOUCHING UNRELATED WOMEN
Similar to the differentiation between stimulating and non stimulating music, though worse, is that which I read in a newsletter published by a known Islaamic party. It stated that it is not only permissible for a man to shake a hand of an  ajnabee (11) woman when he meets her, but he is further allowed to kiss her as long as he does that with pure intention and without any sexual desires!
THE MANY SHADES OF ZINAA
By permitting illegal kissing and hand shaking between unrelated men and women, or listening to women's singing, those two groups have obviously neglected the direct proofs have obviously neglected the direct proofs concerning these issues. They have also neglected the important rule of sadd uth-tharaa'i which as we have indicated, is supported by a large amount of evidence. They have further neglected a concept that involves a direct refutation of their rationale: The Prophet consider both of the actions that they permits as  being forms of zinna (12). He  said: "It is destined for the son of Aadam to get his share of zinna, which he will surely attain: the eyes zinaa is (illegitimate) looking;
the ears zinaa is (illegitimate) listening;
the tongue's zinaa is (illegitimate) talking;
the hands  zinaa is (illegitimate) acting (or touching) (13);
the feet's zinaa is (illegitimate) walking;
the mouth's zinaa is (illegitimate) kissing; (14)
the heart desires and aspires;
and the sexual organs then confirm this (by committing zinaa) or deny it ( by abstaining)." (15)
This clearly refutes the reasoning of the Shaykh and those who imitated him in restricting the prohibition of music and singing to that which stimulates sexual desires. The correct position is that they are absolutely forbidden. The forthcoming hadeeths (in this book) and the rule of sadd uth-tharaa'i confirm this further.


3. An Arabian Practice

The Shaykh says, "The Arabs used to chant, sing and beat the duff." This statement is invalid from several perspectives, as will be explained below.
A. A NATIONALIST EXPRESSION
It is obvious that the Shaykh means by "Arabs" the salaf (early righteous Muslims). But using the term to refer to them is a modern nationalist and jaahilee (16) expression, which is very surprising to be coming from a scholar of a reputable learning institution.
B. NO PRECEDENCE
The Shaykh's above statement is an improvised one, having no basis, and was not said by any scholar before him! Therefore, it should be discredited and disregarded
C. CONTRADICTING THE AUTHENTIC REPORTS
In his above statement, if the Shaykh is specifically referring to the scholars and elite among the early righteous Muslims, as one would expect from him, this is rejected as well, because it contradicts that which is reported from them.
It is as if the Shaykh, May Allaah forgive us and him, writes without having a knowledge based background, and without, at least reviewing the fiqh (17) books or related research done by any of the re-owned scholars of the Ummah (18), such as Ibn Taymiyyah and Ibn ul-Qayyim.
Where does Abu Zahrah stand with respect to the saying of Ibn Mas'ood; "Singing fosters hypocrisy in the heart." (19)
And where does he stand regarding the  saying of Ibn 'Abbaas "The duff is prohibited: and the musical instrument are prohibited." (20)
And where does he stand from what Abu Bakr al-Khallaal mentioned: "It is reported that al-Hasan (al-Basree) said. 'Duffs have absolutely no relation to the affairs of the Muslims;' and the students of 'Abdullaah (bin Mas'ood) used to tear them apart." (21)
There are other related reports that will be cited in their proper place of this book.

D. WHO HITS THE DUFF, AND WHEN?

Those who beat the duff were only the women, not the men; and it was either during weddings (22), or on the occasion of 'Eeds (holiday celebration) (23). This is why al-Haleemee (24) says: "Beating the duff is not except for women, because it originally concerns them exclusively; and Allaah's Messenger has cursed the men who imitate women." (25)
E. INACCURACY IN REFERRING TO HADEETHS

The Shaykh's statement, "It has been narrated in some reports (26)" in an inaccurate expression, because those "some reports" to which he refers are no less than the authentic hadeeths that I mentioned above!
A more serious error is the Shaykh's next statement, "It was also said, 'The distinction between halaal and haraam is the duff."' It is known to the scholars that the phrase, "It has been said" expresses the weakness of the reports, and is only used in referring to statements by ordinary people, not to a well known hadeeth like this one. If with this statement, he means to weaken this hadeeth, he has committed a double error in regard to narration and syntax. As for narration, this hadeeth is good, as stated by at-Tirmithee, and is considered authentic by al-Haakim and ath-Thahabee. (27) As for the syntax, one should refer to a weak hadeeth by saying, "It has been reported...." and not. "The distinction.." instead of what is in the  correct report, "The separation..."
F. WRONG ANALOGY

The Shaykh says, "The same argument applies to music." With this, he is drawing an analogy, which indicates one of the following possibilities:


G. THE EARLY SCHOLARS FOLLOWING THEIR DESIRES?

 The Shaykh says, "One group liked to listen to it such as al-Hasan al-Basree. Another group did not like it, such as ash-Shi'bee."  This is the Shaykh's statement, may Allaah forgive us and him! He turns the prohibited singing into a plain matter of choice, similar to any of the permissible things, such as foods and drink,, whoever wants may do it, and whoever does not may leave it!
Furthermore, he attributes to the early righteous muslims things contrary to what is authentically known about them!
Al-Hasan al-Basree is innocent of that which he attribute to him, Ibn Abee ad-Dunyaa has reported from him with two different isnaads (chains):
"There are two accursed sounds: a flute for a favor, and a ring (of bell) for a disaster." (28)
As for ash-Shi'bee, Ibn Abee ad-Dunyaa also reported from him, with an authentic isnaad, that he disapproved of paying the female singer. (29) And he reported from him that he said:
"Both are cursed: the singer, and the one for whom the singing is done." (30)
And Ibn Nasr reported from him with good isnaad:

 "Singing fosters hypocrisy in the heart, just as water brings forth vegetation. And Dhikr (remembering Allaah) fosters Eemaan (true belief) in the heart, just as water brings forth vegetation." (31)


 


NOTES:

1. This approximately corresponds to July 29, 1954.
2  A musical instrument similar to a tambourine, but without bells or cymbals.
3. The immediate students of the Sahaabah.
4. Renouncing pleasure in worldly things.
5. Shaykh means an old man, but is commonly used to refer to a scholar of Islaam.
6. Imaam means a leader. It is commonly used in reference to a leader in the prayer, or an Islaamic scholar. The Four Imaams are Abu Haneefah an-Nu'maan, Maalik Bin Anas, Muhammad Bin Idrees ash-Shaafi'ee, and Ahmad Bin Hanbal may Allaah bestow His mercy on all of them.
7. This is the Islaamic school of fiqh (jurisprudence) that follows the guidelines set by Imaam by Abu Haneefah (?).
8. Al-Bukhaaree, Muslim and others from an-Nu'maan Bin Basheer
9. Recorded by Ahmad, an-Nasaa'ee, and others, from Anas, al-Hasan Bin 'Ali and others. Verified to be authentic by al-Albaanee (Saheeh ul-Jaami' no. 3377, 3378).
10. Ighaathat ul-Lahfaan min Masayid ish-Shaytaan 1:36-370. Some of Ibn ul-Qayyim's saying and discussions in this regard will be presented later in this book.
11. A woman who is not closely related to the man by blood or marriage, and thus it could be possible for him to marry her at some future time. Thus , a man's mother, sister, daughter, mother in law, and daughter in law are not ajnabee women, whereas his female cousins and sisters in law are (as well as all other totally unrelated women).
12. Performing sexual acts with illegitimate partners. Thus, this includes both adultery and fornication.
13. This word appears in a report recorded by Ibn Hibbaan and Ahmad.
14. This phrase appears in a report recorded by Abu Daawood and Ahmad.
15. Recorded by Muslim and others from Abu Hurayrah. It is verified in Irwaa' ul-Ghaleel (no. 1787), as-Saheehah (no. 2804), Zilaal ul-Jannah (no. 193), and Saheeh Abee Daawood (no. 1868).
16. Jaahiliyyah is the era of excessive ignorance and deviation, which mostly prevailed before the advent of Muhammad. Jaahilee means, "pertaining to Jaahiliyyah".
17. Fiqh means "understanding". Its most common use is to refer to the detailed discussions of Islaamic  rulings that derive from specific proofs. In this sense, it is sometimes translated as, "jurisprudence."
18. Ummah means "nation" and it usually applies to the whole Muslim community.
19. This was attributed to the Prophet as well; but the truth is that it is only from the words of Ibn Mas'ood, as mentioned by Ibn ul-Qayyim in Ighaathat ul-Lahfaan (1:248). Therefore, I classified it (as a hadeeth) in adh-Dha'eefah (no. 2430).
20. This will be discussed latter in the book.
21. Al-Amru bil-Ma'roof, p. 27.
22. There are several hadeeths in this regard that I have cited in my book, Aadaab uz-Zafaaf, i.e., the regulations of weddings, p 179-183.
23. As in 'Aa'ishah's report that will be cited later in this book..
24. One of the great scholars of the Shaafi'ees, and a scholar of Hadeeth. He died in 403 H. His biography is mentioned in as-Siyar and other books.
25. Shu'ab ul-Eemaan 4:283
26. The Shaykh uses the term "aathaar" (singular: athar), which is general term describing  narrations from the Prophet the companions or other righteous Muslims. This term is more often used to refer to narrations other than hadeeths; and this is the reason for Albaanee's criticism.
27. Verified in Aadaab uz-Zafaaf, and Irwaa' ul-Ghaleel (7:50-51)
28. Thamm ul-Malaahee no. 62-63. This is also authentically reported as a hadeeth from the Prophet, as will be discussed later in this book.
29. Thamm ul-Malaahee no. 55.
30. Thamm ul-Malaahee no. 45, with an authentic isnaad from of al-Qaasim Bin Sulaymaan (who is considered trustworthy by IbnHibbaan).
31. Qadar us-Salaah 2:51.

From: The Prohibition of Musical Instrument by Muhammad Nassir ud-Deen Al-Albaani and Hudaa
Translation by Usaamah 'Eetaani and Muhammad al-Jibaali.

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