The view held by the companions was generally adhered to by the taabieen and
their followers, the four imams and the great majority of dependable Islamic
scholars up to the present time.From among the tabieen and their followers,
there are such authorities as Mujaahid, Ikrimah, An-Nakhai 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 sticks9al-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 wilful intention). Abu Haneefah's closest
disciple, Abu Yoosuf, stated that if the sound of musical instruments (maazif)
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 abominable things (munkaaraat) is
mandatory, and cannot be established if such entering rests upon the permission
of the residents of the premises.This is the madhhab (position) of the rest of
the Kufic scholars as well, such as Ibraheem An-Nakhai, Ash-Shabi Hammad and
Ath-Thowri. They do not differ on this issue. The same can be said of the
general body of jurisprudents of Al-Basrah.(114).
IMAAM MAALIK
It is related by Ibnul-Jowzi that Ishaaq bin Eesaa At-Tabaa 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
jurisprudent 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 religous sciences. He did, and his
view became that such things were prohibited.(118)Al-Qurtubi confirmed Maaliks
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 labour 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 such as flutes, string instruments etc such is
haraam(forbidden)(119).
IMAAM SHAFI’EE
In the book, Aadaabul Qadaa, As-Shafiee 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 Shafiite scholar, Ibn Hajar Al-Haythami. He related that one of the
Ash-Shaafiites disciples, Al-Haarith Al-Muhaasibi (d.243 H) said, "Song is
haraam, just as the carcass (maytah)." (123). Further more, the statement that
singing is haraam is found in the treatise, Ash-Sharh Al-Kabeer, by the
authoritative Shaffiite Scholar, Ar-Raafiee(d.623 H).This is further
corroborated by the accomplished Shaaffi’ite jurisprudent, Imam An-Nawawi(d.676
H)in his Rowdah)(124). Such is the correct view of the dependable scholars of
the Shaffi’ite madhab. However, due to limited knowledge and personal fancy and
desire, a few of their later day scholars disagree with this view.(125)
Readings in Qaradawism : Part 2 : Arts and Entertainment
