The jurisprudence of halal and haram in Islam
The legal rulings in Islam came with the aim of regulating people’s lives, and establishing Muslims on a reality that guarantees them happiness in the world and the hereafter. Thus, the law of Islam abrogates the laws that came before it, and therefore Muslims are required to submit to the command of God Almighty; فيأتمرون بأمره وينتهون بنهيه، لأنّهم يعتقدون أنّ الحلال ما أحلّه الله تعالى، والحرام ما حرّمه الله تعالى، فقد قال الله عزّ وجلّ: (إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُوا سَمِعْنَا وَأَطَعْنَا وَأُولَئِكَ هُمُ الْمُفْلِحُونَ)، And the legal rulings mostly move between permissible, forbidden and permissible, and all of this is governed by the legal text contained in the Noble Qur’an or in the correct Sunnah, and what follows from the scholars’ understanding of the intended meaning and the ruling deduced from those texts, and among the issues that the jurists dealt with: the ruling on music, what is music And what is its ruling?
There were many Qur’anic verses, hadiths, and sayings of the Companions – may God be pleased with them – on which the scholars relied on prohibiting musical instruments or musical instruments, and nothing comes out of this prohibition except what was mentioned in the legal text. from the path of God without knowledge, and He takes it in jest, for them is a humiliating torment). The commentators see that the hadith’s amusement includes all falsehood, including: playing instruments and trumpet, and they also based on what God Almighty said to Satan: (And provoke those of them you can with your voice). It was reported on the authority of Ibn al-Qayyim – may God have mercy on him – that the sound of the firefly, the flute, or the drum is one of the sounds of the devils.And in the hadith of the Prophet, may God bless him and grant him peace: According to the scholars, the hadith refers to the sanctity of music in more than one way. The word they deem it permissible; Evidence for the sanctity of music in Shari’a, and that whoever deems it permissible has deviated from the principle of its ruling, and from what confirms its sanctity is that its mention came in conjunction with other matters that are prohibited; such as the act of fornication and the drinking of wine; This indicates its sanctity, and among the hadiths that scholars cited to infer the sanctity of music in practice and listening to the saying of the Messenger of God, may God’s prayers and peace be upon him: (Two voices are cursed in this world and the hereafter: a flute when a blessing comes, and a ringtone when calamity). So the prohibition came from the sound of the flute that appears in joys and when blessing in the form of curse; To denote the sanctity.The scholars differentiate between the one who listens to the sounds of music unintentionally or unwillingly, and the one who listens to it by following the melody and the melody and the one who intends it. The first is not included in the prohibition, nor does a sin fall upon him, but the prohibition and prohibition are specific to the listener.
The tambourine is excluded from the prohibition, and it is made of leather surrounded by a circular frame, and it may have jingles that are sometimes placed at the sides of its edges, and scholars have agreed on the permissibility of beating women at weddings and weddings such as Eid, but if it is free of jingles, the Maliki school, Imam Ahmad and some Shafi’i scholars have gone To the desirability of beating the tambourine without the jingles, and the dispute among the jurists over the tambourine with which the jingles were placed, but the matter is broad as long as its instrument is legitimate, and many scholars permitted it for men also in the legitimate manifestations of joy and jihad, and the public of Hanbalis and others prevented it, and their reference in that is that the texts which were permitted only for women but not for men, Imam Ibn Taymiyyah – may God have mercy on him – pointed out the justifications for banning the tambourine for men; He said: (The Prophet – may God’s prayers and peace be upon him – did not legislate for the benefit of his nation, their worshipers and their ascetics to gather to listen to melodic verses with a fist, a stick or a tambourine). He also said: (The Prophet – may God’s prayers and peace be upon him – granted licenses to various kinds of amusement at weddings and the like, just as he permitted women to strike the tambourine at weddings and weddings, and as for men on his covenant, none of them would hit the tambourine nor clap their hands.”
Definition of music and its types
It is good for the researcher in this issue to know the meaning of music, and its relationship to the term musical instruments, with the need to indicate the types of instruments that produce sounds with melody or melody, and they are called based on the sounds emerging from them: music, and the following is a statement of what is meant by music and its provisions:
Music with this expression is not an Arabic term, but rather it goes back to the language of Greece, and refers to them to the art of using playing instruments, a science obtained by practicing the methods of vocal rhythm, adapting melodies and forming melodies using special instruments, The Arabs use the term “playing” to refer to the sounds produced by instruments of rapture and amusement, for example: melodies, melodies, etc., and musical instruments are their instruments, and some of them are what people knew in the past; such as drums, tambourines, flutes and others, including what is known recently; such as the piano, the violin, and others. Hence, music and playing in this concept are two terms that have the same connotations.
Types of musical instruments
There are many musical instruments, ancient and modern, but in all their different forms, types, names, sources and sounds, they can be limited to four types:
- Instruments that produce a sound simultaneous with striking them by hand or other instrument; Such as the stick, or when its parts touch each other, and these instruments are called percussion or percussion, and examples of them are: the well-known drum, the orchestra and others.
- Instruments that produce sound as a result of blowing air into their parts; An example: the harp.
- Instruments in which the sound is the result of moving friction, and the sound of the melody rises and falls in proportion to the tension or pressure on the movement of the strings that are made of them, and they are mostly made of leather or nylon, and for example: the rebab and the lute.
- Instruments that are designed for self-play, where the sound of the melody or melody is issued without the need for an instrument or player, but is stored and heard on modern electronic storage and audio devices.
- ↑ Surat Al-Nur, verse: 51.
- ↑ Surah Luqman, verse: 6.
- ↑ Surah Al-Isra, Verse: 64.
- ^ APT Saad Matar (17-5-1433), “The ruling on playing and listening to music”, www.saaid.net, accessed on March 14, 2018. act.
- ↑ Narrated by Ibn al-Qayyim, in Tahdheeb al-Sunan, on the authority of Abu Malik al-Ash’ari, page or number: 10/153, authentic.
- ↑ Narrated by Al-Suyuti, in Al-Jami Al-Sagheer, on the authority of Anas bin Malik, page or number: 5033, authentic.
- ^ AB Ibn Taymiyyah (1995), Majmoo’ al-Fatwas, Kingdom of Saudi Arabia: King Fahd Complex for the Printing of the Noble Qur’an, p. 565, part 11.
- ^ AB Muhammad Al-Greitli (24-10-2009), “Al-Ma’aazif and related rulings”, www.alukah.net, accessed on 3/13-2018. act.
- ^ AB Saad Matar (12-7-2010), “The ruling on playing and listening to music”, www.alukah.net, accessed on March 13, 2018. act.