MUSIC IS NOT HARAM? Islam does not just consider things as permissible or prohibited; the matter is much more than that. Each ruling has its own purpose and takes into consideration the nature of the act it governs, and its being in conformity with the maqasid (objectives of the Shari`ah). Under the shade of al-maqasid, the rulings serve to provide protection to the human beings self, dignity, religion, property, and intellect. So whatever serves those objectives are in line with Shari`ah, according to Imam Ash-Shatibi, one of the great scholars of Islam, and whatever negates them are not reckoned with as part of the Shari`ah. With this, Imam Ash-Shatibi (and others like Imam Al-Ghazali, Imam Fakhr Ad-Din Ar-Razi, Imam Ash-Shawkani, Abu Bakr Al-`Arabi, etc.) exerted relentless efforts to restore the intimate relation between Muslims and the noble Quran by drawing their attention to the objectives of Islam, the causes behind the Shari`ah rulings, and the goal that each ruling is designed to realize, be it explicit or implicit (Ahmad al-Raysuni, Imam Shatibis Theory of the Higher Objectives, International Institute of the Islamic Thought, 2006). Upon this brief introduction I will base my argument that it amounts to an improper academic conduct for a scholar to condemn an act as haram or halal, away from the realm of al-maqasid. This explains the reasons why prominent scholars like Sheikh Al-Ghazali, Sheikh Al-Qaradawi and others argue that music cannot be basically categorized as haram, for they see it as part of a human instinct which Islam came to promote and refine. They see music as something that constitutes an important part of our daily life, whose ruling depends on the way its utilized; it can be lawfully used or maliciously abused. They see music as something created pure and beautiful, just like fresh air. The fact that air can be polluted by evil deeds of mankind does not render it prohibited. In the same vein, the fact that some songs or musical shows are corrupt does not render music or song in itself prohibited. This is based on the juristic maxim all things are presumed permissible until there is an evidence to the contrary. This well-established juristic maxim is inferred from the Quranic verse that says what means: {Say: Who hath forbidden the beautiful (gifts) of Allah, which He hath produced for His servants, and the things, clean and pure, (which He hath provided) for sustenance? Say: They are, in the life of this world, for those who believe, (and) purely for them on the Day of Judgment} (Al-An`am 7:32) Another point I want to mention here is that, most of the hadiths used by the scholars who claim that music is haram fail to meet the requirements of authenticity, whereas there are strong proofs that stand in favor of the permissibility of music. One of them is the hadith narrated by Aishah: Abu Bakr came to my house while two small Ansari girls were singing beside me the stories of Ansar concerning the Day of Bu`ath (day of fighting between the two tribes of the Ansar, the Aus and Khazraj). And they were not professional singers. Abu Bakr said protestingly, Musical instruments of Satan in the house of Allahs Messenger! It happened on the `Eid day and Allahs Messenger said, O Abu Bakr! There is an Eid for every nation, and this is our Eid. (Al-Bukhari) In another version we read: It was the day of Eid, and the Black people were playing with shields and spears. That is why Abu Bakr said Musical instruments of Satan in the house of Allahs Messenger. If we compare the Prophets disposition here to, for instance, his stance on the silk robe when it was offered to him by Umar ibn Al-Khattab, also for Eid, we plainly see the difference in approach and firmness. The Prophet (peace be upon him) said to Umar, This is the dress for the one who will have no share in the Hereafter (Al-Bukhari). The point here is that if something is haram, its ruling does not fluctuate; it remains so, with nothing to render that ruling relaxed, just like the case of the silken dress here, whereas this is not the case with music. If it were haram, the Prophet (peace be upon him) would not have uttered a statement indicating the act of the two Al-Ansari girls was permissible. Having said this, I will not forget to give some kind of recognition to the concern of the scholars who claim that music is haram. They are exhorting Muslims to fend off all that might keep them away from their religious rituals, especially in light of the strong effects of all entertainment or amusement tools, but this does not make these tools haram. This depends on how they are used. If a man entertains himself by playing with his children and allows that to keep him away from performing his religious duty, he is sinful for that, but not for playing with his children because that is not haram. So likewise if somebody listens to music and forgets to perform their prayers, for instance, they are sinful for that, but that does not make music haram.
Posted on: Fri, 21 Mar 2014 18:22:13 +0000
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