The Islamic Ruling on Music and Singing

CONSENSUS OF THE COMPANIONS,TAABIEEN IMAMS AND OTHER FUQAHAA

No doubt, the companions of the Prophet) were the best people after the Messengers of Allah. The companions received the knowledge of Islam from the Prophet and faithfully conveyed it to us. Therefore, it is useful to know their views regarding the subject of this treatise, for their consensus (ijmaa') carries absolute weight(*93) in this matter and clarifies the correct view, removing any lingering doubts in the hearts of those who have not yet been graced with the gift of surety (yaqeen) and conviction.

In order to further strengthen the view previously established, it is necessary to review the opinions of the taabi'een, the four imams and other accomplished scholars of Islam. One of the attributes of sound Islamic methodology is the reference to the views and positions held by the pious predecessors of the Islamic ummah and the respectful consideration with which one approaches them. However, their views, as with the views of all, must be subjected to the criterion of Allah's Book and the authentically-related prophetic traditions. Since the prohibition of music has already been established beyond the slightest doubt through detailed proof from the authentic sunnah, this section of the treatise is presented merely for the sake of the reader's knowledge and Islamic awareness.

THE POSITION OF THE COMPANIONS ON THIS ISSUE

A few of the later Shafi'ite scholars related Ibn Taahir's(*94) claim that the sahaabah and taabi'een unanimously agreed upon the permissibility of singing (ghinaa); therefore, those who came after them have no right to challenge their authority. The Shafi'ite scholar, Ibn Hajar Al-Haythami Al-Makki (909-974 H.), mentioned(*95) that some went so far as to claim the supposed consensus of ahlul Madeenah on this question. They even accused twenty-four scholars from among the sahaaabah, as well as innumerable taabi'een, their followers, and the four imams and their disciples of singing and listening to song. However, regarding the previously mentioned claim by Ibn Taahir and those who indiscriminately followed him, an authority on Shafi'ite scholarship, Shihaabuddeen Al-Adhraa'i (708-783 H.) refuted such facile reports and insisted that Ibn Taahir was not dependable in such matters. Al-Adhraa'i related that in Ibn Taahir's book Safwatut Tasawwuf (The Vanguard of Sufism) and his treatise, As-Samaa'a (Listening [to music, singing, etc.]), one finds disgraceful, scandalous things, along with ugly instances of fraudulent presentations of material(in defense of his position on this issue).(*96) Al-Adhraa'i further clarified that what has been attributed to the companions could not be established by authentically-related narrations (aaathaar), but rather, their assertions were based on reports of certain companions listening to poetry, chants or songs.(*97) This does not substantiate their allegations, for such things are permitted by consensus and fall outside the realm of this area of dispute.(*98) Clearly, it was related that some companions performed permitted aspects of singing, etc., however, these actions were distorted out of context by such persons to include every type of singing, without specification or restriction.

Al-Adhaar'i then quoted an authoritative Shafi'ite imam, Abdul-Qaasim Ad-Dowlaqi, who clarifies in his book As-Samaa'a, the vital point which is at the crux of this issue. He says, "It has not been related regarding any one of the companions (may Allah be pleased with them) that he listened to the sort of singing which is of the disputed type;(*99) nor is it related that gatherings for song were organized for him, nor that people were invited to them - either publicly or privately, nor that he praised such song; rather, it was the companions' habit to censure and blame such gatherings for the purpose of listening to it."(*100)

Ibn Hajar Al-Haythami concludes his discourse by pointing out that it is clear from what has preceded that it is not permissible to blindly adhere to Ibn Taahir's views, because he has deviated in both the point of view of his narrations (naql), and his personal opinions (aql). He was also a liar, innovator and a libertine. As for those who relate that the companions and others permitted the disputed types of song, they have committed an ugly mistake and have fallen prey to gross error. The issue of song and music is of two types: the first type is permitted by consensus, and the second type is disputed about as to its prohibition. To intimate that the companions' listening to certain forms of poetry, singing, chanting, etc. is of the second type is invalid arbitrariness and is not based on the principles of jurisprudence and hadeeth science. Such principles clearly indicate that we must interpret whatever has been related on this issue regarding the companions as that type of song permitted by consensus.(*101)

Regarding this particular issue, Yoosuf Al-Qardaawi makes a bold and misleading statement. It reads: "It is related regarding a large number of companions and taabi'een, that they used to listen to song [ghinaa], and they didn't see any harm in that."(*102) This assertion is misleading for a number of reasons. Firstly, he claims that it has been "related", however, he brings no valid proof of such a statement - not even a single pertinent tradition (athar) related to the companions(*103). Secondly, he leads the reader to believe that the sahabah listened to all types of song. This he accomplishes with the general wording "used to listen to song." In reality, they only listened to particular types, as specified lawful in the sunnah. These types are restricted as to who may sing and who may listen, on what occasions they are allowed and in what manner they are to be delivered. The difference between what Qardaawi has intimated and what really occurred is like night and day.

In reality, the companions unanimously agreed upon the prohibition of music and song but allowed particular exceptions specified by the authentic sunnah. Many authentic narrations (aathaar) traced to the various sahaabah bear witness to this. For example, it is authentically related by Al-Bayhaqi that the companion, Abdullah bin Masood said, "Singing sprouts hypocrisy in the heart as rain sprouts herbs and greens." As was related in an earlier portion of this treatise, when he was questioned regarding the meaning of the words {lahwal hadeeth}(*104) he replied, "I swear by Him besides Whom there is no other god that it refers to singing."(*105) He repeated it three times over to emphasize his belief that the words from the Quraan were a rebuke and censure of singing. In addition to this, the same view was held by the four rightly-guided caliphs, the fuqahaa among the sahaabah such as Ibn Abaas, Ibn Umar and Jaabir bin Abdullah, as well as the general body of sahaabah (may Allah be pleased with them all)(*106). Anyone who claims differently is requested to bring proof. It is further requested that it be an authentically-reported, clear and unambiguous text that it relate specifically to the point of dispute (mahallun nizaa).

THE VIEW OF THE TAABI'EEN IMAMS AND SCHOLARS AFTER THEM

The view held by the companions was generally adhered to by the taabi'een and their followers, the four imams and the great majority of dependable Islamic scholars up to the present time. From among the taabi'een and their followers, there are such authorities as Mujaahid, Ikrimah, An-Nakha'i and Al-Hassan Al-Basri.(*107)

IMAM ABU HANEEFAH:

Imam Abu Haneefah(*108) has perhaps the harshest view of the four famous Imams of jurisprudence. His school of thought is the strictest, for he detested singing and considered it sinful. As for his disciples, they have explicitly confirmed the prohibition of listening to all musical amusements and pastimes, including wind instruments (mazaameer),(*109) all types of tambourines, hand drums (dufoof)(*110) and even the striking of sticks(al-qadeeb). They have asserted that such actions constitute disobedience to Allah and that the performer of such action is sinful, therefore necessitating rejection of his testimony.(*111) They have further stated that it is incumbent upon the Muslim to struggle to avoid listening to such things, even if he were passing by or stationed near them (without any willful intention). Abu Haneefah's closest disciple, Abu Yoosuf, stated that if the sound of musical instruments (ma'aazif) and amusements (malaahi) were heard coming from a house, the house could be entered without permission of its owners.(*112) The justification for this is that the command regarding the prohibition of abominable things (munkaaraat) is mandatory, and cannot be established if such entering rests upon the permission of the residents of the premises.(*113) This is the madhhab (position) of the rest of the Kufic scholars as well, such as Ibraheem An-Nakha'i, Ash-Sha'bi, Hammaad and Ath-Thowri. They do not differ on this issue. The same can be said of the general body of jurisprudence of Al-Basrah.(*114)

IMAAM MAALIK:

It is related by Ibnul-Jowzi that Ishaaq bin 'Eesaa At-Tabba'a asked Imaam Maalik bin Anas,(*115) the leading jurisprudent of Madeenah, about the view of the people of Madeenah regarding singing (ghinaa). He replied, "In fact, that is done by the sinful ones." Abut-teeb At-Tabari said, "As for Maalik bin Anas, he truly did prohibit singing and listening to it." He further related that Maalik said, "If one purchased a slave-girl(*116) and found her to be a professional singer, he could return her to the original owner for reimbursement on the claim of having found fault in the merchandise."(*117) The ruling of prohibition (tahreem) is generally agreed upon by the scholars of Madeenah. The Maaliki jurisprudence and commentator, Al-Qurtubi, reports Ibn Khuwayz Mandaad as saying that Imam Maalik had learned singing and music as a small boy until his mother encouraged him to leave it for a study of the religious sciences. He did, and his view became that such things were prohibited.(*118) Al-Qurtubi confirmed Maalik's view by saying that the only exception to this general ruling was the type of innocent songs such as those sung to placate the camels during travel, or during hard labor or boredom or during times of festivity and joy, such as the 'Eed days and weddings - the latter to the accompaniment of a simple daff (hand drum). Al-Qurtubi then said, "As for that which is done in our day, by way of the [blameworthy] innovations [bidah] of the Sufi mystics in their addition to hearing songs to the accompaniment of melodious instruments such as flutes, string instruments, etc., such is haraam [forbidden].(*119)

IMAAM SHAAFI'EE:

In the book, Aadaabul Qadaa, Ash-Shaafi'ee is reported as saying, "Verily, song is loathsome [makrooh]; it resembles the false and vain thing [al-baatil]. The one who partakes of it frequently is an incompetent fool whose testimony is to be rejected."(*121) His closest and most knowledgeable disciples clearly stipulate that his position on this issue is that of prohibition (tahreem) and they rebuke those who attribute its legality to him.(*122) This is confirmed by the later Shafi'ite scholar, Ibn Hajar Al-Haythami. He related that one of Ash-Shaafi'ee's disciples, Al-Haarith Al-Muhaasibi (d.243 H) said, "Song is haraam, just as the carcass [maytah](*123) is." Furthermore, the statement that singing is haraam is found in the treatise, Ash-Sharh Al-Kabeer, by the authoritative Shafi'ite scholar, Ar-Raafi'ee (d.623 H.). This is further corroborated by the accomplished Shafiiite jurisprudent, Imam An-Nawawi (d.676 H.) in his Rowdah.(*124) Such is the correct view of the dependable scholars of the Shafi'ite madhhab. However, due to limited knowledge and personal fancy and desire, a few of their latter-day scholars disagree with this view.(*125)

IMAM AHMAD BIN HANBAL:

Imaam Ahmad's(*126) position regarding this issue has been narrated in detail by the Hanbalite jurisprudent and Quranic commentator, Abul-Faraj Ibnul-Jowzi (d.597 H.) in his treatise, Tablees Iblees (Satan's deception). He tells us that ghinaa during Ahmad's era consisted primarily of a rhymed, rythmical chanting (inshaad) of poems(*127) whose purpose was to lead people to a pious, abstentious way of life. However, when such chanters began to vary their simple style to one of a throbbing, affected melody, the narrations regarding Ahmad began to differ. His own son and student, Abdullah, relates that his father said, "Singing(*128) sprouts hypocrisy in the heart; it doesn't please me." The scholar, Ismaa'eel bin Ishaaq Ath-Thaqafi, reports that Ahmad was questioned regarding one's listening to those poems (qasaaid) to which he replied, "I despise it, for it is a bid'ah [innovation]. Don't sit down to listen to its reciters." Abul-Haarith relates that Ahmad said, "At-taghyeer(*129) is an innovation," whereupon it was said, "But it sensitizes and softens the heart." Ahmad rejoined, "It is a bid'ah [blameworthy innovation]." Yaqoob Al-Haashimi narrates that Ahmad said, "At-taghyeer is a recent innovation," and Yaqoob bin Gayyaath reports him as saying that he despised at-taghyeer and prohibited one's listening to it.(*130)

Ibnul-Jowzi then mentioned some narrations related by Abu Bakr Al-Khlallaal and Ahmad's son Saalih, which indicate Ahmad's not being averse to poetry sessions. It is related that Ahmad heard a singer (qawwal) a didn't reproach him, whereupon Saalih said to him, "Oh father, didn't you used to criticize and censure such a thing?" Ahmad replied, "That was because I was told that they were doing reproachable things, so i despised it; as for this, I do not dislike it." Ibnul-Jowzi commented at this point, "Some of the scholars of our [Hanbalite] school mention that Abu Bakr Al-Khallaal (d.311 H.) and his disciple, Abdul-Azeez, permitted singing [ghinaa]. Such a statement refers to the spiritual poems [qasaaid zuhduyyaat] which were prevalent during their time. This is precisely the type of singing which was not disliked by Ahmad [as previously mentioned].(*131) Ahmad bin Hanbal attests to this in the instance where he was asked regarding a deceased person who left behind him a son and a [professional singing] slave-girl.(*132) The son then needed to sell her. Ahmad said that she was not to be sold on the basis of her being a singer. Upon this it was said to him that, [as a singer], she was worth thirty-thousand dirhams, whereas if she were sold only on the basis of her being simply a slave-girl, she would perhaps be worth only twenty dinars. Ahmad reaffirmed that she was allowed to be sold only on the basis of her being simply a slave-girl." Ibnul-Jowzi explained, "The reason Ahmad said this is because the singing slave-girl doesn't sing spiritual poems [qasaaid zuhdiyaat]; rather, she sings throbbing lyrics which incite passion in one's being. This is proof that such singing is haraam, for if it were not so, the incurred loss of the orphans son's wealth would not be permissible.(*133) Furthermore, it is reported by the jurisprudent Al-Mirwazi that Ahmad bin Hanbal said, "The earnings of the effeminate [mukhannath] singer are foul [khabeeth] because he doesn't sing spiritual poems, but rather, he sings erotic poetry [al-ghazal] in a licentious, cooing manner."

Ibnul-Jowzi concluded that it is obvious from what has preceded that the variant narrations relating to Ahmads dislike of (karaahah) or permission for singing depended upon the type of singing that was meant. As for the type of singing which is popular today,(*134) it would be forbidden according to Ahmad's view. If only he could see what the people have added to it by way of innovation.(*135)

In conclusion, the general consensus of the companions, taabi'een and the following generations of Islamic scholars up to the present day, including the four Imams, points to the ruling of prohibition of music and song (other than the exceptions to be mentioned later).

THOSE WHO APPROVED OF SINGING AND ITS REFUTATION

There is agreement among the four imams that all musical instruments(*136) (ma'aazif) are forbidden. Shaykhul Islam Ibn Taymiyyah affirms this in his celebrated Fataawa where he says, "The madhhab of the four imams is that all instruments of musical entertainment are haraam [forbidden]. It is authentically related in Saheehul Bukhaari and other compilations that Prophet Muhammad (peace and blessings be upon him) foretold that some of his ummah would seek to make lawful: fornication, the wearing of silk, wine-drinking and musical instruments [ma'aazif]; and that such people would be turned into apes and swine. The term ma'aazif means musical entertainment, as has been mentioned by the scholars of the Arabic language. It is the plural of mi'zafah, the instrument upon which one makes musical sounds. None of the disciples of these imams has mentioned the existance of any dissension from the consensus on the prohibition of all instruments of musical entertainments."(*137)

It has been indicated that a few scholars see no harm in singing and/or in the playing of music. In order to remove any doubt from the reader's mind regarding this vital issue it is necessary not only to mention these scholars and their claims but also to establish the proof against them. Any such claims of permissibility made in reference to the noble companions or the four imams of the popular schools of jurisprudence have already been refuted in detail.

It is mentioned in various classical works that certain fuqahaa saw no harm in singing. Some of these early scholars(*138) are: Ibraheem bin Sa'd from the people of Madeenah, Ubaidullah Ibnul-Hasan Al-Anbari from Al- Basrah and Abu Bakr Ibnul-Khallaal from the Hanbalite scholars.(*139) The Shafi'ite faqeeh, Ibn Taahir, was mentioned earlier, and his claims were refuted in detail.(*140) Therefore, there is no need to mention him at this point. This reply regards what has been related in reference to the three above-mentioned scholars. It was narrated that they did not see any harm in simple ghinaa (singing), without musical accompaniment or licentious lyrics, etc. In addition to this, as has been previously detailed(*141) by Ibnul-Jowzi, Ibnul-Khallaal saw no harm in the recitation of spiritual poems (qasaaid zuhdiyaat) in a sweet and melodious voice. Therefore, even though those who would like to establish the ruling of permissibility sometimes exploit the positions of such scholars, it is futile, because what these scholars allowed is agreed upon by consensus and is not the point of contention (mahallun nizaa').

A group of later scholars often referred to as maintaining the view of permissiblility are Ibn Hazm,(*142) Ibnul-Arabi(*143) and Al-Ghazaali.(*144) Some of the gross misconceptions of the former two have already been refuted.(*145) A final reply to them is a quotation from the oft-repeated words of Ibn Hazm himself: "It is incumbent upon us that we do not accept the saying of any person after Allah's Messenger, unless such a person authentically relates it back to the Prophet (peace and blessing be upon him)." Being aware of the previously-established, clear ruling of prohibition given by the Prophet on this issue,(*146) it becomes one's obligation to reject all positions contradictory to his and to accept his decision as binding and final. Verily, Allah, the Majestic and Exalted, has made such an attitude of obedience to His Messenger the criterion of true faith (eeman). He says in His glorious Quraan:

{But no, by thy Lord, they [Muslims] do not have [real] faith unless they make you [Oh Muhammad] judge of all disputes between them, and then find within themselves no dislike of your decision, but rather, submit with full submission.}(*147)

The latter scholar of this group, Al-Ghazaali, is often quoted by some(*148) as having maintained a view of permissibility. It must be made clear that he argued in favor of only innocent singing, physical sport and entertainment. Nowhere did he mention or argue in favor of the permissibility of musical instruments or musical accompaniment to singing. Thus, those who quote him as a proof for the legality of music commit a gross error and do him a great injustice, for they impute to him that which he himself did not claim.

As for the two traditions mentioned by Al-Ghazaali, neither one meets the criterion required as proof for permissibility. The first one refers to the 'Eed day festival when Aaishah listened to two young girls sing for her and beat upon a small hand drum (daff). The text of this tradition merely mentions an innocent form of singing Arabic poetry whose lyrics describe courage, noble manners and war.(*149) This is all permissible by unanimous consent and in no way lends itself as proof of the permissibility of music and/or singing to musical accompaniment.(*150) The second tradition mentions Aaishah as a child watching Ethiopian warriors perform physical feats and display their abilities with spears and shields. In Islam, physical exercises and exhibitions of skill and prowess are not only permissible but praiseworthy as well, especially if they are done for the purpose of keeping the body in physical and mental readiness for jihaad. It is essential to point out that in this hadeeth there is absolutely no mention of either music or singing and, therefore, is invalid as a defense for what has been claimed.

Thus, one may surmise that Al-Ghazaali argued for nothing more than that for which legality has been established and agreed upon. For the sake of argument, if Al-Ghazaali or any other scholar had argued for the permissibility of music and/or singing to its accompaniment, the reply would be precisely what has been stated in the case of Ibn Hazm and Ibnul-Arabi: When it is in contradiction to the authentic sunnah, one cannot accept the view of any other person after Allah's Messenger (peace and blessings be up on him.)

From what has preceded, it is no exaggeration to state that there is a general consensus of the scholars of the Islamic ummah regarding the prohibition of music and singing to musical accompaniment. This is true because the consensus (ijmaa') was accomplished by those whose ijmaa' is esteemed and binding: the companions, taabi'een, and the four famous and respected imams. These were the best of generations, as is witnessed by Allah's Messenger when he said, "The best of people is my generation, and then those that follow them, and then those that follow them."(*151) The fact that a few later scholars differed with these pious predecessors has no effect on their previously-established consensus. Rather, one must consider the later scholars' dissension as a clear example of deviation (shudhoodh) bearing no weight in the scale of the divinely-revealed shari'ah

THE WISDOM BEHIND ITS PROHIBITON BY THE DIVINELY REVEALED SHARIAH

Perhaps the most salient feature of the divinely revealed shari'ah is its all-encompassing benefit (maslahah) for the sake of mankind, regarding all aspects of their spiritual and material welfare. Thus, it is, that various ordinances in the form of divine legislation have been given to man, directing him to pious works of worship (ibaadat)and social transactions (mu'aamlaat). Such works lead to spiritual peace and material prosperity. In accordance with Allah's infinite knowledge, wisdom and mercy, it is necessary that He( glorified be His praise) should prohibit certain things whose effects are evil and harmful to His slaves. This principle is perfectly epitomised in the following authentic tradition of the Prophet (upon whom be peace and blessings):

"By the One in Whose hand is my soul, there is not a thing which brings you nearer to Paradise and distances you from the Fire, except that I have directed you to it; and there is not a thing which brings you closer to the Fire while distancing you from Paradise, except that I have prohibited it for you."(*152)

From the foregoing hadeeth , as well as other texts of the Quraan and sunnah, the scholars of usool(*153) have formulated certain vital objectives (maqaasid) of the divine law. Among these is the principle that nothing has been ordained for man except that which is for his own good and benefit, while nothing has been prohibited except that which is harmful and detrimental to his welfare. With this principle in mind, one perhaps can have a general understanding of the infinite, divine wisdom behind the prohibition of music and its adjuncts. Its potential moral, spiritual and social evils are a danger to the Muslim individual as well as the Islamic community at large.

In order to convey some of the divine wisdom behind prohibition, it is useful to quote a few excerpts from the writings of the authoritative scholar, Ibnul-Qayyim,(*154) who has dealt with this subject extensively.(*155) In the section which exposes Satan's deception of those who claim "spiritual mysticism" (tasawwuf)(*156) in their dancing, singing and listening to music, he says, "From among the artful machinations and entrapments of Allah's enemy [Satan], with which he has snared those possessing little good sense, knowledge and deen [faith], and by which he has stalked the hearts of the false and ignorant people, there is the listening to whistling, wailing, handclapping and song to the accompaniment of forbidden [musical] instruments.(*157) Such things block the Quraan from people's hearts and make them devoted to sin and disobedience. For song [to musical accompanient] is the Quraan(*158) of Ash-Shaytaan (Satan). It is a dense veil and barrier, preventing nearness to Ar-Rahmaaan!(*159) By way of such song, Satan deceives vain souls, making it appear pleasing to them through his cunning appeal to their vanities. He insidiously whispers false, specious arguments suggesting the 'goodness' in song. These arguments are accepted, and as a result, the Quraan becomes an object of neglect and abandonment."(*160)

Ibnul-Qayyim describes in detail the physical and emotional change which overcomes the "Sufis" when they begin to hear such song and music. They begin to strike their feet in time to the rhythm, ans swaying effeminately to the tune, they whirl to a frenzy, screaming and wailing and tearing their clothes, like donkeys around the axis of a grinding mill. Such a laughing stock is the very joy of the enemies of Islam.(*161) Yet such people pretend that they are the very "elite"(*162) of Islam while taking their deen as an amusement and pastime. Hearing the [musical] instruments of Satan is dearer to them listening to the recitation of the Quraan.(*163)

He concludes by saying that "the result of preoccupation with song and music is that you never find its devotee other than astray from the path of guidance, in thought and deed. Such a person develops an aversion to the Quraan and a devotion to song. If he were offered a choice between listening to song/music or the Quraan, he would most certainly choose the former over latter, the audition of which is like a heavy burden upon him."(*164)

Later on in his treatise, Ibnul-Qayyim specifies other aspects of the divine wisdom: "Therefore, know song has particular characteristics which faint the heart, causing hypocrisy to sprout therein, just as water sprouts plants. Among its qualities is that it distracts the heart and prevents it from among contemplation and understanding of the Quraan, and from applying it.(*165) This is because Quraan and song can never coexist in the heart, since they are mutually contradictory. For verily, the Quraan forbids the pursuing of vanities and ordains restraint of the souls passions and temptations to evil. Song, on the other hand, encourages the very opposite of these virtues, as it excites the hidden inner self and entices the soul to inequity by driving it towards every shameful desire..."

Among the signs of hypocrisy is one's rarely remembering Allah(*166) and one's laziness in rising to prayer along with its poor performance. Seldom do you find one infatuated by song except with such blameworthy attributes.

"Furthermore, hypocrisy is based on falsehood, and song contains the falsest lyrics. It attempts to beautify the abominable and encourages it, while seeking to make ugly and discouraging that which is good. Such is the very essence of hypocrisy. A person's addiction to song peculiarly makes listening to the Quraan a heavy weight upon his heart, hateful to his ears. If this is not hypocrisy, then hypocrisy has no reality."(*167)

Needless to say, the preceding exposition highlights the negative effects of music and song upon the Muslim. These effects induce in him hypocrisy, vice, neglect, vanity and a host of other attendant evils, the worst of which is its insidious ability to turn the devotee away from remembrance of Allah, His Book and His deen.

The adverse ramifications of music and song and their various attendant evils are well known facts experienced by all enlightened, thinking believers.(*168) It is this reality which has convinced a host of prominent American and European musicians and singers who have embraced Islam to leave this vile and ignoble profession(*169) {And verily, Allah guides the believers to a straight path.}(*170)

Footnotes

(*93)The ijmaa' (consensus or agreement) of any generation of scholars on a certain religous issue is binding upon the following generations. The Prophet has related in various traditions that the scholars from among his ummah (community) will never at a conensus that contains misguidance or error. Allah, the exalted, protects them from his. Because they were the closest generation to the Prophet, the companions were the most qualified to arrive at a consensus (ijmaa').

(*94)Muhammad bin Taahir Al-Maqsadi (448-507 H.). Ad-Dhahabi says he has known to err and distort narrations of hadeeth in a gross manner (Meezanul I'tidaal, vol. 4, p. 587). Ibn Hajar says he deviated from the path of ahlus sunnah to a type of displeasing tasawwuf (mysticism). The critical scholars of hadeeth do not accept his transmissions because of his distortion of texts and errs in conveying them. Furthermore, he has written in defense of the permissibility of staring at young boys with sinful intent and his madhhab was one of licence (al-ibaadah). For details see, Ibn Hajar's Lisaanul Meezan, vol. 5, pp. 207-210.

(*95)In his treatise, Kaffur Ra'aa'an Muharramaaatil Lahwi was Samaa'a (Desistance of the Rabble from Partaking of Unlawful Amusements and Audition Thereof), p. 25.

(*96)Kaffur Ra'aa, p. 65.

(*97)They listened to permissible recitations of poetry, chants or melodious songs by youths. They were lawful because they were not accompanied by musical instruments, nor were the words or methods of singing licentious.

(*98)Kaffur Ra'aa, p. 66.

(*99)The disputed type is other than the singing of innocent songs (without musical accompaniment) or the chanting of poetry and hymns which are pure and clean in subject matter and in form of delivery.

(*100)Quoted from Kaffur Ra'aa, p. 67.

(*101)Condensed from p. 67 of Kaffur Ra'aa. As for the types of song and music permitted by consensus, this refers to those particular examples of exception to the general rule of prohibition as mentioned in the authentic sunnah of the Prophet and the example of the companions. These examples will be dealt with in the latter part of this treatise.

(*102)Page 293 of his book, Al-Halaal wal Haraam.

(*103)It is incumbent upon anyone who makes a statement in religion to bring the isnaad (the chain of transimtters) on which that statement depends. No statement carries any value whatsoever unless its claimant presents the isnaad. Otherwise, as pointed out by the critical scholars of hadeeth, one could say whatever he wants in matters of religion. Any statement not supported by a validly related authentic isnaad is useless and rejected.

(*104)See Soorah Luqmaan, 31:6.

(*105)Authentically related by Al-Bayhaqi, Ibnul-Mundhir and others.

(*106)See Al-Qurtubi's tafseer, vol. 14, pp. 51-52, and Al-Aaloosi's tafseer, Roohul Ma'aani, vol. 21, pp. 66-68.

(*107)See pp. 67-68 of Kaffur Ra'aa; Al-Qurtubi's tafseer, vol. 19, p. 51 and Shaykh Saalih Fowzaan's Al-'Ilaam bi Naqdi Kitaabil Halaali wal Haraam, pp. 72-74.

(*108)The first of the four famous imaams. He was born in Koofah, Iraq in the 80th year of the Hijrah. He died in Baghdad in the year 150 H. See Adh-Dhahabi's Seeyar A'laamin Nubalaa, vol. 6, pp. 390-403.

(*109)Such as flutes, pipes, horns and related wind instruments.

(*110)Small hand drums without steel jangles. This permitted type is to be used on certain restricted occassions as designated by the sunnah, the details of which will follow.

(*111)Testimony given by witnesses concerning matters or crimes involving punishments is only accepted from trustworthy, obedient Muslims.

(*112)In shari'ah, the mere suspicion of vice is not sufficient to warranat invasion of privacy by the authorities. Here, however, the violation is not confined to the privacy of the home and should be prevented, even forcibly, to avoid corruption of society.

(*113)Quoted from 'Ownul Ma'bood Sharhu Sunan Abi Dawood, vol. 13, pp. 273-274.

(*114)Stated by Abut Teeb Taahir At-Tabari and quoted in Al-Qurtubi's Al-Jaami'li Ahkaamil Quraan, vol. 14, p. 55.

(*115)He was born at Madeenah in the year 93 of the Hijrah and died there in 179H. For details of his life and times, see Qaadi Ayyad's Tarteebul Madaarik, vol. 1, pp. 107-147.

(*116)In the time of Prophet Muhammad (peace be upon him), the world economy was almost completely based upon the institution of slavery. Wisdom and foresight demanded a gradual elimination of this deeply rooted social system. The Islamic method was to limit the ways in which slaves could be taken to only one - jihaad (lawful warfare), while at the same time imposing conditions under which a slave must be freed and encouraging the freeing of believing slaves as an act of worship which brings one closer to Allah. Mistreatment of slaves was strictly prohibited and they were always entitled to respect as human beings. These guidelines protecting slaves are still applicable today.

(*117)The previous sayings related to Maalik were quoted from Ibnul-Jowzi's Talbees Ibless, p. 229.

(*118)Al-Jaami'li Ahkaamil Quraan, vol. 14, p. 55.

(*119)Ibid., vol. 14, p. 54.

(*120)He was born 150 H. in Gazzah in Palestine. He died and was buried in Cairo, 204 H. Details of his life and works are chronicled in Al-Bayhaqi's Manaaqibush Shaafi'ee.

(*121)See Al-Qurtubi's tafseer, vol. 14, p. 55 and Ibnul-Jowzi's Talbees Iblees, p. 231. Also refer to footnote no. 111.

(*122)See 'Ownul Ma'bood, vol. 13, p. 274.

(*123)Designates the carcass of the animal which has not been slaughetered in a manner acceptable to the shari'ah, but has died in a manner rendering it unlawful for food, such as dying from a disease, accident, naturally or by being hit by a blow, etc. However, the skin of such an animal may be used after proper curing.

(*124)Kaffur Ra'aa, p. 61.

(*125)Talbees Iblees, pp. 230-231. A sample of such scholars along with a refutation of their position will follow in the next section of this work.

(*126)He was born in Baghdad, 164 H. and died there in 241 H. See the excellent biography of his life as narrated by Ibnul-Jowzi in his Manaaqib Al-Imam Ahmad bin Hanbal.

(*127)In Arabic these are called qasaaiduz zuhd.

(*128)"Singing" here means without musical accompanient.

(*129)Indicates a change in the state of mind or disposition of a person who appears "overcome" by the mention (dhikr) of God in supplication (du'aa) performed in a humble, humiliating stance. Those who partake in this experience of being "overcome" are moved to extreme delight or grief by the manner in which such poetry is delivered. It is usually delivered in an affected, throbbing style which moves them to dance and gyrate to the beat and melody of such rythmic poems. Because of this "change" (taghyeer) which overcomes them, they were called al-mughayyarah. Refer to Talbees Iblees, p. 330.

(*130)Talbees Iblees, p. 228.

(*131)All of these scholars, including Ahmad, did not mind a certain type of chanting, singing and recitation of poetry or stories, etc. without musical accompanient or other prohibited aspects.

(*132)Refer to footnote no. 116.

(*133)The loss incurred by selling the slave girl not as singer but as an ordinary worker.

(*134)This statement was made during the 6th century of the Islamic era. Therefore, what could be said of what we hear and see of music and singing today!

(*135)Talbees Iblees, pp. 228-229.

(*136)Other than the simple hand drum known as the daff, because of authentic hadeeths allowing it on specific occasions as an exception to the general rule of prohibition.

(*137)Quoted from Ibn Taymiyyah's Majmoo'ul Fataawa, vol. 11, p. 576.

(*138)From the first and second century of the Islamic era.

(*139)See p. 55, vol. 14 of Al-Qurtubi's Al-Jaami'.

(*140)Refer to the section under the title, "The Position of the Companions on this Issue."

(*141)See the preceding section, entitled "Imam Ahmad bin Hanbal," for details.

(*142)Who died in the year 456 of the Islamic calendar.

(*143)He lived during the years 435-532 of the Hijrah.

(*144)He was born in the year 450 H. and died in 505 H.

(*145)Refer to the section on the sunnah, entitled "The Traditions and their Degree of Authenticity: The Narration of Al-Bukhaari."

(*146)Refer to the whole of the section, entitled "A Critical Analysis of the Hadeeth Literature" (on the issue of the ruling regarding music).

(*147)Soorah An-Nisaa, 4:65.

(*148)Such as Yoosuf Qardaawi in his Al-Halaal wal Haraam Fil Islam, pp. 292-293.

(*149)See Ibnul-Qayyim's Madaarijus Saalikeen, p. 493.

(*150)Other than that permitted by the texts of the authentic sunnah, namely the small hand drum (daff).

(*151)Authentically related by Imam Al-Bukhaari.

(*152)Authentically related by Ahmad and Ibn Khuzaymah.

(*153)The science outlining a methodology whereby a legal ruling issue may be derived, based upon the texts of the Quran and sunnah, or upon principles extracted from these two texts.

(*154)Imam Abu Abdullah Muhammad bin Ani Bakr (691-751 H.), popularly known as Ibn Qayimmil Jowziyyah. He was one of the most erudite scholars of the Quraanic and hadeeth sciences and mujtahid in his own right. He was the most brilliant of the many disciples of Shaykhul Islam Ibn Taymiyyah.

(*156)They claim that dancing, singing and music raise their "spiritual conciousness" and elevate them to a higher "mystical level", thus bringing them nearer to the divine presence!!

(*157)Whenever he uses the word song or singing (ghinaa), he means the forbidden form to musical accompanient.

(*158)Literally, "reading "or "recital" used here with this general meaning in mind. Thus, such song is the "revelation" and "sacred recital" of Satan; whereas the text of the inimitable Al-Quraan Al-Kareem is the revelation of Allah and the sacred recital of His word.

(*159)Ar-Rahmaan, an attribute of Allah, means the One who has absolute mercy for all of His creations.

(*160)Page 224, vol. 1 of Ighaathatul Lahfaan.

(*161)Such as the Orientalists, missionaries and others who use the misguided deeds and beliefs such Muslims to suggest that Islam is without sense and decorum.

(*162)According to their reasoning, "elite" (khawwaas) means "the holy people" or "special chosen people" who follow one of their Sufic "paths".

(*163)Condensed from Ighaathatul Lahfaan, vol. 1, p. 224.

(*164)Ibid., vol. 1, p. 241.

(*165)Obeying its commands, desisting from its prohibitions and adhering to its guidance, in all walks of human life.

(*166)This refers to dhikrullah, the rememberance of Allah in the heart and on one's tongue, by mentioning His beautiful names and by praising and glorifying Him. The loftiest form of dhikr is reading Allah's Book with contemplation and understanding.

(*167)Abridged from Ighaathatul Lahfaan, vol. 1, pp. 248-250.

(*168)All Muslims having a backgroung in the West can vouch for the manifold evils associated with music and song evident in so-called funk, soul, rock, acid rock, punk rock, blues and jazz. It is essentially libidinous, sexual music which drives ones passions and animal desires to a frenzy. Its objectives (especially when coupled with calculated themes embodied in certain lyrics) are sex, violence, desperation, suicide, hedonism and nihilism. In fact, every foul passion, sense, feeling, idea or thought is embodied in this demonic medium. It is truly another of Satan's many vehicles harnessed in his apparent "joy ride" to Hell, the foulest destination and final abode of such evil doers.

(*169)A special case in point is the enlightened Yousuf Islam (originally Cat Stevens), formerly a prominent singer from Britian. Would that others of our western brothers take him as a noble example to follow.

(*170)Soorah Al-Hajj, 22:54.