SAUTUSH SHAITAAN

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MORE RULINGS OF THE FUQAHA

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

(4) 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)

(5) 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 regarding the immoral music and singing which Muslims have inherited from the immoral kuffaar of this age?

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