One of the most heated issues that are debated in fiqh is the permissibility or not of music in Islam. While the majority of the classical scholars, it appears, prohibit the usage of musical instruments in singing [accompanied with licentious activities or not], a minority among them opine the view that music in itself is not unlawful except when it is accompanied with the drinking of alcohol and other prohibited practices, then it is prohibited.
The maqsad of this blog is not to highlight the differences among the scholars and which view is more closer to the truth. I wish to highlight and remind myself and the readers of some very important issues pertaining to da’wa and the way in which we should approach knowledge and people who we may not agree with.During a course on the principles of fiqh, a member of the audience asked the Alim ‘why he is wasting his time authoring a book that exceeds four hundred pages on music? The Scholar replied by asking what the questioner thinks of those scholars who permit the usage of musical instruments in singing? To which, if my memory serves me right, the questioner fervently replied by saying that they are fussaq. This is the reason why I have compiled a book of over four hundred pages on the issue of music’, answered the Shaykh.
The above example demonstrates the problem in seeking knowledge amongst the youth in our current times. Many have left the correct decorum when addressing the scholars. The shaykh’s reply was not only humbling but it shows the difference between a scholar and a layman. It seems that people are more concerned with labelling people and putting them in strands in order to degrade them and their scholarship, than to ascertain the truth and respect permissible differences when they arise. This is extremely unfortunate especially when we compare the level of scholarship of the scholars who they oppose or criticise and their own level of knowledge. The difference is like night and day!
Before I am labelled of being a liberal or a conservative [that again depends where ones stands], allow me to clarify my position, not that it really matters what my view is on this, nevertheless, I incline towards what appears to be the view of the majority of people, that music [intruments] is considered unlawful in Islam, whether it is accompanied with other prohibited activities or not.
Returning to the main purpose of this blog I want to clarify an important issue. In Islam the scholars looking at the rulings or the evidences of the rulings deduced from the Qur’an and Sunnah, classify the evidences in two categories, firstly those verses and Ahadith that are from the immutable or the definitive [thawabit or the qat’iyat], which means that they have fixed rulings and they are not open to interpretation. Secondly, those that are from the mutable or speculative [mutagayyirat or zanni], which means they may have more than one interpretation. Majority of the rulings in the Shar’iah, according Imam ash-Shinqeeti, are from the second category and therefore require the juristic reasoning of the scholars [ijtihad] to establish a position, and this inevitably results in deducing more than one ruling on a particular matter, hence the four main Sunni madhabs.
The scholars say that if one scholar holds an opinion that is contrary to what I believe, as long as this opinion is within the parameters of the Shar’iah, then we must not condemn or degrade him, because the well established legal maxim propounds, ‘in matters where there is ikhtilaf [differences] there is to be no condemnation of either opinion’.
Anyone who has reached the station of ijtihad, and most of those who permit music, in my opinion, have reached the level to perform ijtihad, have the right to hold whatever opinion they want to hold. We may not agree with them and we have the right to follow other scholars who are not in agreement with them but we do not have the right to condemn them. Some ‘people of knowledge’ and eager Islamic activists, unfortunately, do just that.
Disagreeing turns into censuring which invariably leads to harbouring malice and hatred for a scholar. Yes, we cannot know or judge ones inner feelings but the external emotions sometimes inform us of the internal disharmony towards someone. Unfortunately, we often see that people take things personally, and rather than clarifying the truth, the discussions and forums become ignited with defaming and reviling people who they disagree with.
Another important point which needs to be mentioned is the issue of prioritising our da’wa. When it comes to the issue of music and other matters, people have forgotten that we as an Ummah and a minority here in Britain are facing and will face great challenges. There are people who look like us and dress like us uttering statements that clearly go against the well established principles within the Shar’iah. Why are we not addressing the clear cut issues and upon which the vast majority of the Muslims agree upon? This is like a person giving attention to his wounded finger while neglecting his heart.
Finally, differences will not cease, we will have people differing on issues until the Day of Judgment. However, we have to be cautious of not vilifying others because they hold opinions which we may disagree with. It is unfortunate that some assume that they are the only people upon the Sunnah and others are misguided and deviants. We have become so utopian and elitists in our approach and understanding of matters that some even shun well-established principles of goodwill and loving each other [brotherhood]. So, let us work for the overall betterment of Islam and overlook our differences as Imam Rashid Rida said, “We must cooperate in matters wherein we agree and excuse one another in those wherein we disagree.” [Overlook legitimate differences]
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But those who condemn the fatwa permitting music do so as as they do not see this issue as one of ‘legitimate ikhtilaaf’. Just because several statements/opinions existed in 1400 years of Islamic history does not necessarily make that a matter for legitimate disagreement. There’s plenty of examples of strange opinions that were rejected (even by the sahaba against other sahaba) because they were not under the spehere of legitimate ikhtilaaf.
Which ultimately brings this whole issue to the crux which is: is this issue a matter of ikhtilaaf saaigh/legitimate ikhtilaaf and how do we determine it to be so?
Actually AAA, the scholars regard it as a matter of ikhtilaf and in fact many introduce the issue by clai that there exists differences of opinion. If the scholars are referring to it as so, then it must be so.
Another dead, and refuted issue brought back to life; excuse for the ignorant lay who have no access to the works of the great ulama, to now think there is a genuine ikthilaaf. May allah save us.
Please spend more time on real current crisises, rather than deal with issues, that many great men of bygone have dealth with.
Muzzammil
Asslaamu Alaikum,
A reminder to the readers. I urge everyone to READ the blog post carefuly and if anyone disgarees withe points mentioned pleae cite your relevant evidences from the Qur’an and Sunnah. Thank you.
Wassalam
Some of the scholars who strongly condemned the permissibility of music despite the fatawaa stating otherwise, when asked why they do not apply the adab of ikhtilaaf, explained that the reasoning used by the permitters is not credible and does not allow it to fall under the field of liegitimate ikhtilaaf. Again, just because a few scholars may have said something does not mean it immediately becomes a matter of legitimate ikhtilaaf. For example, the great sahabi ibn Abbas was condemned by the other sahaba because of his initial views regarding temporary marriage (br abdullah al-hasan can correct me if I’m wrong), and they did not accept it as a matter to allow disagreement on.
But I’m repeating myself here. The question ultimtely comes down to whether this is a matter to allow disagreement on or not. Did the ‘majority’ over the 1400 years allow ikhtilaff on this issue the way we have it today? I would be greatful if br Abdullah could clarify, as if it indeed a true matter of ikhtilaaf that is unanimously agreed by scholars (past and present) as a matter of ikhtilaaf, then we can apply the adaab of ikhtilaaf and not condemn each other etc. But if it is not, the we cannot expect everyone to accept what is not in their view a real matter of disagreement.
On a seperate note, why the sudden insistence on the ’strange’ opinion in this day and age? Like many other opinions of the pasts – vague or rare statements – that are all of a sudden being promoted as the mainstream view; e.g. the denial of the capital punishment for apostasy…
Would these be an issue if we were not under so much pressure from opponenents of islam livng in the west, and were for exampe living in a remote villae in Bangladesh or living in Makkah?
And by the way, I am not implying that br Abdullah is defending the minority view (he has already stated otherwise in his post). I just wanted to learn about the ikhtilaaf question. Jazakumullahu khairan.
MUSIC IS HARAM IN Islam, evidence is from the sayings of ibn abbas, regarding a certain verse in the quram
‘Legitimate ikhtilaf’ or ‘illegitimate ikhtilaf’, we do like to box things dont we. Here’s a question: How many scholars does it take for an ‘illegitimate ikhtilaf’ to get legitimised? 17? 26? or perhaps 51?.
We will probably find that there is ikhtilaf on what is and isnt ‘legitimate ikhtilaf’!
Some of us are very quick to forward unscholarly refutations, but I wonder if anyone has actually read through that 400 page book and made a thorough analysis of the arguments.
See the point is we dont have to agree with the opinion, but when we see the level of knowledge, intellect, research, and evidence provided by a scholar or a view we dont entirely understand, we should atleast have respect for the scholar and the opinion.
Depending on which world or bubble we live in we may or may not consider this a ’strange’ or ‘dead’ issue, but I thought Abdullah al hasan outlined a very balanced perspective on this.
May Allah guide us all. Ameen
The ‘boxes’ were created by centuries of Muslim scholarship. Haram and halal are ‘boxes’. Fard, sunnah, mustahabb are ‘boxes’. Tawheed and shirk are ‘boxes’. Muslim and kaafir are ‘boxes’. The books of ‘etiquettes of differing’ have clarified this matter (i.e. the ‘boxes’ of legitimate ikhtilaaf and illegitimate ikhtilaaf) since ages, only to have ‘progressive’ 21st century individuals who suddenly ’see the truth’ breaking these ‘boxes’ down without any credentials other than a tongue that is sharp and harsh against his brethren.
I did say that some scholars have not regarded this issue as a matter to allow ikhtilaaf on, and my question was to br Abdullah Al-Hasan to clarify whether it is indeed so and who/what bulk from past scholars held it as a matter of ikhtilaaf if at all. The point being that if people do not see it as a matter of ikhtilaaf based on scholarly guidance, we cannot apply the adab of ikhtilaaf and force others to ‘accept’ this issue and respect the opinion and work with it and not condemn it etc. as would be the case if it was a matter of ikhtilaaf. However, if it is indeed unanimously (or even by the majority – the 4 madhaahib for example) agreed as matter of legitimate ikhtilaaf, then we will have to abide by the etiquettes of differing as outlined in the blog post, and those who do otherwise will be blameworthy.
But even though this question was posed (for the purpose of learning as it is a matter which is not touched upon in most discussions) to br Abdullah Al-Hasan, the respected and qualified author of the blog post, we find that some individuals are indeed ‘very quick to forward unscholarly refutations’ on his behalf.
And Allah knows best in all matters.
Assalamu Aalikum,
I pray all is well. Apologies for the late reply to the comments, my laptop’s life has come to an end.
AAA, the question you pose is a very important one for us to understand and comprehend. Unfortunately, I have not yet come across any good and substantial article or essay on this question and the issue of music. I think I touched upon it in my comments, ‘In Islam the scholars looking at the rulings or the evidences of the rulings deduced from the Qur’an and Sunnah, classify the evidences in two categories, firstly those verses and Ahadith that are from the immutable or the definitive [thawabit or the qat’iyat], which means that they have fixed rulings and they are not open to interpretation. Secondly, those that are from the mutable or speculative [mutagayyirat or zanni], which means they may have more than one interpretation. Majority of the rulings in the Shar’iah, according Imam ash-Shinqeeti, are from the second category and therefore require the juristic reasoning of the scholars [ijtihad] to establish a position, and this inevitably results in deducing more than one ruling on a particular matter, hence the four main Sunni madhabs’. You may wish to refer to Dr ‘alwani’s book on the ethics of disagreement in Islam, particularly chapters six and seven. http://web.youngmuslims.ca/online_library/books/ethics_of_disagreement_in_islam/index.htm
Forgive me for not indulging on the question more. I seriously do not have time with work and other activities; nevertheless, it does not lift the amanh ‘ilmiyyah we have to maintain. Insha’Allah, in the future we can write something on this or if anyone wishes to discuss the issue face to face, which may be easier, we can arrange that. If you wish, you may e-mail our blog editor and request that he releases my e-mail address and we’ll take it from there Insha’Allah.
Before I finish allow me to leave with some reflective points:
1 – We do not need a statement from the scholars saying that there are differences of opinion on a given issue as long there are ‘some scholars’ who differ with the majority. We need to look at the textual implications of the verses and ahadith and see if there exists a possibility of variant readings. Of course, the intent should be sound and pure.
2 – Majority is not evidence in the shari’ah.
3 – Even when we see an individual going against clear cut principles of Islam, we have to abide and refute him with adab.
Wallahu ‘alam
wslm
The following may be a useful substantive response to the question that has been repeatedly raised, regardless of how relevant that question is.
Sheikh Qaradawi states in his “The Fiqh of Singing and Music in the Light of the Qur’an and Sunnah” that the issue of music has been differed on to an extent almost unparalleled by any other fiqh issue.
Supporting this claim, he narrates that Imam Badr-ud-Deen Ibn Jama’ah was asked about music and responded that it is a matter of big disagreement, with people being in 4 groups: those who said it is good, or permitted, or disliked, or forbidden. And these are in each in 2 categories: those who generalised, and those who stated conditions.
In other words, there are 8 opinions according to Ibn Jama’ah. Dr Qaradawi states that out of the 8, he is among those who said music is “permitted according to certain details and conditions”.
He then quotes in detail the 11 opinions mentioned by Ibn Hajar al-Haytami in his book “Kaff ar-Ri’a'”, but I will spare you these details at least for the time being. Suffice to say that he also mentioned the scholars from whom he narrated these opinions.
By the way, I would also recommend this book of Sheikh Qaradawi as a model of structured research and well-mannered defence of his opinion, which anyone is free to take or leave.