In order to create an atmosphere of joy and happiness, singing is recommended on festive occasions such as the days of 'Eid, weddings and wedding feasts, births, 'aqiqat (the celebration of the birth of a baby by the slaughter of sheep), and on the return of a traveler.
'Aishah narrated that when a woman was married to an Ansari man, the Prophet(peace be on him) said, " 'Aishah, did they have any entertainment? The Ansar are fond of entertainment.'' (Reported by al-Bukhari.)
Ibn 'Abbas said, " 'Aishah gave a girl relative of hers in marriage to a man of the Ansar. The Prophet (peace be on him) came and asked, 'Did you send a singer along with her?' 'No,' said 'Aishah. The Messenger of Allah (peace be on him) then said, The Ansar are a people who love poetry. You should have sent along someone who would sing, 'Here we come, to you we come, greet us as we greet you.' " (Reported by Ibn Majah.)
'Aishah narrated that during the days of Mina, on the day of 'Eid al-Adha, two girls were with her, singing and playing on a hand drum. The Prophet (peace be on him) was present, listening to them with his head under a shawl. Abu Bakr then entered and scolded the girls. The Prophet (peace be on him), uncovering his face, told him, "Let them be, Abu Bakr. These are the days of 'Eid." (Reported by al-Bukhari and Muslim.)
In the subject of musical instruments, scholars disagree on the matter. Some of them permit all sorts of singing, be it accompanied with musical instruments or not, and even consider it recommended. A second group of scholars permit singing only when is not accompanied with a musical instrument. A third group declare it to be prohibited whether it be accompanied with a musical instrument or not; they even consider it as a major sin. In supporting their view, they cite the hadith narrated by Imam Al-Bukhari on the authority of Abu Malik or Abu `Amir Al-Ash`ari (doubt from the sub-narrator) that the Prophet (peace and blessings be upon him) said, 'From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk (clothes), the drinking of alcoholic drinks and the use of musical instruments, as lawful.' Although this hadith is in Sahih Al-Bukhari, its chain of transmission is not connected to Prophet Muhammad (peace and blessings be upon him) and this invalidates its authenticity. Ibn Hazm rejects it for that very reason. Moreover, the sub-narrator, Hisham Ibn `Ammar is declared ‘weak' by many scholars of the Science of Hadith Methodology.
Besides, this hadith does not clearly prohibit the use of musical instruments, for the phrase 'consider as lawful,' according to Ibn Al-`Arabi, has two distinct meanings:
First : Such people think all these (the things mentioned) are lawful.
Second : They exceed the proper limits that should be observed in using these instruments. If the first meaning is intended, such people would be thus disbelievers.
Conclusion on Permissibility of Musical Instruments
In the light of the above, it is clear that the religious texts that stand as a basis for those who maintain that singing is haram are either ambiguous or inauthentic. None of the hadiths attributed to Prophet Muhammad (peace and blessings be upon him) is valid as evidence on the judgment of prohibition. Moreover, all these hadiths are declared ‘weak' by the followers of Ibn Hazm, Malik, Ibn Hanbal, and Ash-Shafi`i.
In his book, Al-Ahkam , Al-Qadi Abu Bakr Ibn Al-`Arabi says, “None of the hadiths maintaining that singing is prohibited are considered authentic (by the scholars of the Science of Hadith Methodology).” The same view is maintained by Al-Ghazali and Ibn An-Nahwi in Al-`Umdah . Ibn Tahir says, “Not even a single letter from all these Hadiths was proved to be authentic.”
Ibn Hazm says, “All the hadiths narrated in this respect were invented and falsified.”
Proofs of Those Who Maintain that Singing is Halal :
First : The Textual Proofs:
They base their argument on some authentic hadiths of Prophet Muhammad (peace and blessings be upon him). One of these hadiths is the following:
`A'ishah (may Allah be pleased with her) narrated: “Allah's Messenger (peace and blessings be upon him, came to my house while two girls were singing beside me the songs of Bu`ath (a story about the pre-Islamic war between the two tribes of the Ansar, the Khazraj and the Awus). The Prophet (peace and blessings be upon him) laid down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, ‘Musical instruments of Satan near the Prophet (peace and blessings be upon him)?' Thereupon, Allah's Messenger (peace and blessings be upon him) turned his face towards him and said, ‘Leave them.' When Abu Bakr became inattentive, I signaled to those girls to go out and they left.” (Reported by Al-Bukhari)
This indicates that these two girls were not so young as claimed by some scholars. If they were, Abu Bakr would not have been angry with them in such manner. In addition, in this hadith, the Prophet (peace and blessings be upon him) wanted to teach the Jews that Islam has room for merriment and that he himself was sent with a moderate and flexible legislation. There is also another important lesson to learn here. It draws our attention to the fact that one needs to introduce Islam to others in a good fashion, along with displaying its moderateness and magnanimity.
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If we are to delve deeply into this matter, we will find that love for singing and melodic voices are almost a human instinct. We can observe an infant lying in his cradle soothed and sleeping by the sound of a lullaby. Mothers and nannies are always in the habit of singing for babies and children. Moreover, birds and animals respond to nice voices and rhythmic melodies.
`Ali Ibn Abu Talib says, “Amuse yourselves for some time, for if hearts are exposed to too much strain, they turn blind.”
Abu Ad-Darda' said, “I refresh myself with some amusement in order to make myself stronger on the path of right.”
Imam Al-Ghazali answered someone who asked him: “Isn't singing some kind of play and rejoice?” He said, “Yes. But, all that exists in this present life is mere play and rejoice. All that takes place between a husband and his wife is play, except sexual intercourse that is the direct cause of reproducing children. This has been reported from Allah's Messenger and his honorable Companions.”
In addition to this, the people of Madinah, who were very pious and God-fearing, the Zahiriyyah, who were very literal regarding the textual proofs, and the Sufis, who were very strict and rigid, were all quoted to have declared the permissibility of singing.
Imam Ash-Shawkani says in his book “ Nayl Al-Awtar ”, “The people of Madinah and those who agreed with them from among the Zahiriyyah and the Sufis maintain that singing is permissible, even when it is accompanied by a musical instrument such as the lute or the flute. Abu Mansur Al-Bughdadi Ash-Shafi`i narrate that `Abdullah Ibn Ja`far saw nothing wrong in singing, and he, himself, used to compose the music for his own slaves who used to sing these melodies in his presence. This took place during the time of Commander of the Faithful, `Ali Ibn Abi Talib. Abu Ja`far Al-Bughdadi narrates the same after Al-Qadi Shurayh, Sa`id Ibn Al-Musaiyb, `Ata' Ibn Abu Rabah, Az-Zuhri and Ash-Shi`bi.”
Ar-Ruwaiyani narrates on the authority of Al-Qaffal that Malik Ibn Anas maintained that singing with musical instruments is permissible. Also, Abu Mansur Al-Furani quotes Malik as maintaining that playing the flute is permissible.
Abu Al-Fadl Ibn Tahir narrates, “The people of Madinah never disputed over the permissibility of playing the lute.”
Ibn An-Nahwi narrates in his “ Al-`Umdah ”: “Ibn Tahir said, ‘The people of Madinah showed consensus over this (issue). Also, all the Zahiriyyah maintained the same.'”
Al-Mawardi attributes the permissibility of playing the lute to some of the Shafi`i followers and students. This has been narrated also by Abu Al-Fadl Ibn Tahir after Abu Ishaq Ash-Shirazi; and it is narrated by Al-Isnawi after Ar-Ruwaiyani and Al-Mawardi. Again, this is narrated by Al-Adfuwi after Sheikh `Izz Ad-Deen Ibn `Abd As-Salam. It is also narrated after Abu Bakr Ibn Al-`Arabi.
All these scholars consider singing that is accompanied by musical instruments permissible, but as for singing that is not accompanied by musical instruments, Al-Adfuwi says, “In some of his jurisprudence-related books, Al-Ghazali narrates the consensus of the scholars on its permissibility." Also, Ibn Tahir narrates the consensus of the Prophet's Companions and those who succeeded them on this very topic. Ibn An-Nahwi states in Al-`Umdah that singing and listening was deemed permissible by a group of the Companions and the Followers.
Conditions and Terms:
There are some conditions and terms that should be observed regarding listening to singing, as follows:
1. Not all sorts of singing are permissible. Rather, the permissible song should comply with the Islamic teachings and ethics. Therefore, the songs praising the tyrants and corrupt rulers disagree with Islamic teachings. In fact, Islam stands against transgressors and their allies, and those who show indifference to their transgression. So, the same goes for those songs that imply giving praises to such attitude!
2. Also, the way the song is performed weighs so much. The theme of the song may be good, but the performance of the singer – through intending excitement and arousing others' lusts and desires along with trying to seduce them – may move it to the area of prohibition, suspicion or even detest. The Glorious Qur'an addresses the wives of Prophet Muhammad (peace and blessings be upon him) saying, “O you wives of the Prophet! You are not like any other women. If you keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." (Al-Ahzab: 32) So, one has to show caution to music when there is softness of speech accompanied with rhyme, melody, and special effects!
3. Singing should not be accompanied with something that is prohibited such as alcohol, nakedness, mixing of men with women that is common in pubs and nightclubs, etc.
4. Islam has declared excessiveness as prohibited in everything. The same goes for excessiveness in leisure and recreation even though these things are permissible ! This indicates that the emptiness of the mind and heart has to be observed and tackled during man's short-term life. One should know that Allah Almighty will ask every one about his life and his youth in particular.
There are some things in which one is to be his own judge and Mufti. If there is some kind of singing that arouses his own lust or desire, and takes him away from the real life, he should avoid it then and block that very gate from which the winds of trial and seduction may come and erase his religion, morals and heart. If he does this, he will live in peace and tranquility.
Warning against playing with the word “ haram ”
To conclude, we address the respectful scholars who tackle the word “ haram ” easily and set it free in their writings and fatwas that they should observe that Allah is watching over them in all that they say or do. They should also know that this word “ haram ” is very dangerous. It means that Allah's Punishment is due on a certain act or saying, and should not be based upon guessing, whims, weak Hadiths, not even through an old book. It has to be supported by a clear, well-established text or valid consensus. If these last two are not found, then we revert the given act or saying to the original rule: "permissibility governing things". We do have a good example to follow from one of our earlier pious scholars. Imam Malik (may Allah be pleased with him) who said: “It was not the habit of those who preceded us, the early pious Muslims, who set good example for the following generations, to say, 'This is halal , and this is haram . But, they would say, ‘I hate such-and-such, and maintain such-and-such, but as for halal and haram , this is what may be called inventing lies concerning Allah. Did not you hear Allah's Statement that reads, 'Say: Have you considered what provision Allah has sent down for you, how you have made of it lawful and unlawful? Say: Has Allah permitted you, or do you invent a lie concerning Allah?” (Yunus: 59) For, the halal is what Allah and His Messenger made lawful, and the haram is what Allah and His Messenger made unlawful
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