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Chapter 12 of 285 min read
الحكم الشرعي للموسيقى — الجزء الثاني عشر
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 hadith}(*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 madhab (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 Al-Nawawi (d.676 H.) in his Rowdah.(*124) Such is the correct view of the dependable scholars of the Shafi'ite madhab.