Part 21

(*212) In addition to this, innocent singing to one's self during loneliness or boredom is allowed, as well as a parent's singing to a baby or small child in order to amuse it, to quiet it or to put it to sleep. In conclusion, songs whose lyrics heighten spiritual consciousness and encourage people to pious works, such as prayer charity, jihaad, etc. are all praiseworthy, (*213) but these should be resorted to in moderation, on appropriate occasions and according to proper decorum. OCCASIONS DIFFERED UPON BY SCHOLARS: A CRITICAL ANALYSIS AND REFUTATION Pertinent texts from the authentic sunnah which identify the various occasions during which the permissible form of singing (ghinaa) and/or the beating of the daff is appropriate, were mentioned previously. They were then followed by a specification of certain other occasions generally agreed upon by the dependable scholars. At this point it is necessary to focus attention upon a vital question which issues from what has preceded: Is one required to stick to the specific occasions limited by the sunnah and agreed upon by the scholars regarding singing and the use of the daff, or can their use by extended to other occasions, without limit? As will be clearly proven, Muslims are bound by the specific occasions and circumstances specified by the sunnah and agreed upon by the scholars. It is necessary to lay background for this discussion. Some of the jurists affiliated with one or another of the jurisprudential schools of thought have argued that the reason ('illah) for allowing singing and the beating of the daff on the occasions previously mentioned (such as the 'Eed festivals, wedding celebrations, etc.) is that these are times of happiness and joy, and that singing and beating the daff help to achieve this objective. On this line of reasoning, they argue that both things are allowed upon all occasions of joy. (*214) The following argumentation suffices as a candid refutation of their unfounded claims. Firstly, it has been established from various authentic texts of the sunnah that the general ruling regarding music and song is tahreem (prohibition). Those specific instances where a certain type of singing and beating upon the daff is allowed are exceptions (istithnaa) to that general ruling of tahreem. According to the principles of usool, the limited bounds of exceptions (mustathna'aat) to an established rule are not to be widened in scope; nor can analogy (qeeyaas) be applied to an exception (mustathna) from the general ruling. (*215) The following example clarifies this concept. To strut in pride and arrogance (at-tabakhtur) is strictly prohibited for a believer, as the Prophet warned, "Whosoever has in his heart pride (*216) to the extent of a mustard seed will not enter Paradise. (*217) Yet, in spite of this general ruling of prohibition, at-tabakhtur is allowed during true jihaad (*218) against the enemy; a clear and limited exception to the general rule. However, it would not be allowed, by way of analogy or through a widening (tawassu) of the strictly limited bounds of such an exception, for the players of a Muslim national football team to strut in pride and arrogance during a game or after their victory over an opposing non-Muslim team. This is because at-tabakhtur is totally prohibited, except for the one, single mentioned circumstance of true jihaad. Other circumstances cannot be included in the category of exceptions (mustathna'aat) unless there is proof to substantiate them, such as valid texts from the Quraan, the authentic sunnah or ijmaaa' (consensus) of the companions or later scholars. Similarly, qeeyaas (analogy) cannot be validly applied here, for qeeyaas must be made upon an original ruling of permissibility. Here the original ruling is prohibition. In conclusion, those who attempt to overstep the bounds and limitations of an exception to a general ruling by adding other objects or circumstances to its restricted category, or attempt to apply analogy in such a case, contradict the established rules of usoolul fiqh. As a result they render their position mistaken, baseless and subsequently, untenable. Secondly, there are no authentically-related traditions which indicate that singing or the daff were resorted to upon the constant occurrence of "joyous occasions" (*219) (al-munaasabaat as-saarrah) during the Prophet's auspicious era and during the era of the rightly-guided caliphs and gracious companions. Had such a thing occurred even a few times on such numerous opportunities, it is most unlikely (*22) that it was not related at all!