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Scholarly Discussion on Musical Instruments
Page 202
category as they did not consider doing so to be a religious ritual or an act of worship. They were only amusing themselves and having fun. Anyway, scholars explicitly prohibit and refuse both categories. The great scholar Ibn Al-Qayyim (may Allah be merciful with him), after quoting the above-mentioned statement of Al-Tartushy, stated,
"My comment is that the view of Abu Hanifah in this regard is the most strict from among all other views. Moreover, his disciples explicitly prohibited listening to such musical instruments as reed pipes and tambourines and even flutes. They judged it to be a sin whose committer should be deemed profligate and his testimony should be unacceptable. More strictly, they even said that listening to singing denotes Fisq (flagrant violation of Islamic law) while having pleasure wherefrom denotes disbelief. To this effect, they reported a Hadith which is not authentically traceable back to the Prophet (peace be upon him). They further argued that one should do one's best to avoid listening thereto once he passes by it or hears it in his proximity.
In this regard, Abu Yusuf said regarding a house from which the voice of musical instruments is heard, "You should enter therein without seeking permission because forbidding evil is obligatory. If entering therein without seeking permission is impermissible, people would not be able to do the obligation. Scholars further view that such a case should be brought before the ruler if such voices come out of such a house. If the owner of the house insists, he should be jailed, whipped or even dismissed from his house."
As for Al-Shafi`y, he said in his book Adabul-Qada', "Singing is an abhorred pastime that resembles falsehood and illusion. The testimony of anyone who frequently listens thereto is unacceptable in view of being idiotic." Al-Shafi`y's disciples, like judge Abu Al-Tayyib Al-Tabary, Sheik Abu Is-haq and Ibn Al-Sabbagh prohibited also singing and refused the opinion of those who claimed to have deemed it permissible
Sheikh Abu Is-haq in his book Al-Tanbih said expressing a unanimous agreement, "It is impermissible to lease a prohibited yield such as singing, blowing pipes and serving wine." He also said in Al-Muhadh-dhab, "It is impermissible to lease a prohibited yield such as singing. Being prohibited, no money may be taken in return for it, in which case it will be tantamount to dead animals and blood."
The Sheikh's statements implied the following facts:
First: The yield of singing in itself is prohibited.
Second: Leasing such a yield is null and void.
Third: Taking money in return for it is impermissible as it is tantamount to receiving money in return for dead animals and blood.
Fourth: A man may not give his money to a singer as it stands for paying money for something prohibited and thus will be equal to paying money for blood and flesh of dead animals.
Fifth: Blowing pipes is impermissible. Being the least harmful musical instrument, the case should then be more strict with such instruments as tabor, tambourine and flute. Actually, one who has the least amount of
knowledge should not refrain from deeming it unlawful, for it is least described as lovers' and drunkards' slogan.
Likewise, Abu Zakariyya Al-Nawawy said in his book Al-Rawdah,
"The second category: To sing accompanied by musical instruments played - which represents the slogan of a drunkard - such as tambourine, lute, crymbal and other musical instruments. Actually, both playing and listening to such instruments is impermissible. He added that there are two conflicting opinions on whether flute is permissible. However, Al-Baghawy outweighed impermissibility. Nevertheless, he quoted Al-Ghazaly as deeming it permissible. In fact, the sound opinion is that flute is prohibited. Moreover, Abu Al-Qasim Al-Dawla`y composed a book on prohibiting flutes.