Refuting the incorrect understanding of Taqiyyah

The following is from the draft translation of the Fiqh masterpiece 'The Islamic Personality, Volume 2' by Sheikh Taqiuddin an-Nabhani.

The believer's befriending the disbelievers

The Supreme (swt) said:

لا يتخذ المؤمنون الكافرين أولياء من دون المؤمنين ومن يفعل ذلك فليس من الله في شيء إلاّ أن تَتّقوا منهم تُقاة ويحذّركم الله نفسه وإلى الله المصير

“Let not the believers take the disbelievers as friends instead of believers, and whoever does that is not of Allah in anything except if you fear from them something to be feared. And Allah warns you against Himself and to Allah is the return” [Translation of the meaning of the Qur'an 3:28].

Ya’qub and Sahl recite it as (taqiyyah) which is the recitation of Al-Hasan and Mujahid, while the rest (recite it) as (tuqat). It is said in Al-Qamus Al-Muheet: ‘(At-tawqiyya) is (al-kalau) and protection. I do (taqa) something and I did (taqa) it and do (taqi) it (taqa) and he (taqi) it (tiqa) like (kisa) is I feared it.’ This text in the ayah specifies its subject and this linguistic meaning of the word (taqiyyah) specifies what this word means in this ayah in meaning since no Shari’ah meaning was established for it. So it specifies interpreting it with its linguistic meaning. Upon this basis alone is the ayah understood in its generality and details. As for what came in the ahadith of the circumstances of its revelation, if authenticated, guides to the details of what came in the ayah but would not change its subject neither the meaning of its sentences according to the language and Shar’a. The subject of the ayah is clear in its sentence which is believers befriending the disbelievers i.e. treating them as friends. The text is:

لا يتخذ المؤمنون الكافرين أولياء من دون المؤمنين

“Let not the believers take the disbelievers as friends instead of believers” [Translation of the meaning of the Qur'an 3:28].

If the ayah or ahadith came about a specific subject, then it is specific to this subject and does not include anything else. The issue is the issue of believers befriending disbelievers for which came the ayahdecisively prohibiting it. Nor is this the only ayah upon this subject; there have come numerous ayahs like the Supreme’s statement:

بشِّر المنافقين بأن لهم عذاباً أليماً. الذين يتخذون الكافرين أولياء من دون المؤمنين

“Give tidings to the hypocrites that for them is a painful punishment. Those who take the disbelievers as (awliya) instead of believers” [Translation of the meaning of the Qur'an 4:138-139].

And the Supreme’s statement:

يا أيها الذين آمنوا لا تتخذوا الكافرين أولياء من دون المؤمنين

“O you who believe, do not take the disbelievers as (awliya) instead of disbelievers” [Translation of the meaning of the Qur'an 4:144]

And His (swt) statement:

لا تجد قوماً يؤمنون بالله واليوم الآخِر يوادّون من حادّ الله ورسوله

“You will not find a people who believe in Allah and the Day of Judgement loving those who oppose Allah and His Messenger” [Translation of the meaning of the Qur'an 58:22]

And His (swt) statement:

لا تتخذوا اليهود والنصارى أولياء

“Do not take the Jews and Christians as (awliya)” [Translation of the meaning of the Qur'an 5:51]

And His statement:

لا تتخذوا عدوي وعدوكم أولياء

“Do not take my enemy and your enemy as (awliya)” [Translation of the meaning of the Qur'an 60:1]

The subject is the subject of believers befriending disbelievers and the rest of the ayah is detailing the subject. This is because Allah (swt) prohibited the believers from taking the disbelievers as friends, and linked this prohibition with a definite decisiveness that the one who does that and takes the disbelievers as friends then Allah is absolved from him. The he excluded from this decisive prohibition one situation which is the believer fearing harm from the disbeliever, wherein it is allowed for him to befriend the disbelievers to prevent this harm. This is if the Muslim were under the disbelievers’ authority defeated in his affair i.e. the fear of the disbeliever permits his befriending. If the fear disappears then the befriending is forbidden. Accordingly the situation is not displaying befriending and hiding something else, but the issue is excluding the situation of the believer’s fear of the disbeliever when the Muslim is defeated in his affair from the generality of forbidding his befriending him. The meaning of the ayah is the decisive prohibition for the believers from taking the disbelievers as friends for them, and that they seek their assistance and depend upon them, and that they befriend them and there be love between them. So it forbade the believers from befriending disbelievers instead of believers then excluded one situation from this, which is in the situation where there exists fear from them when they are under their authority. Then it is allowed to display love for them and to befriend them to prevent their evil and harm. That is, it is allowed to take them as i.e. friends in the situation where there exists fear from them when they are under their rule. Apart from that, it is absolutely not allowed. This is for the disbelievers only in relation with the believers as the ayah was revealed in the affair of the believers who had relations friendship with the polytheists in Makkah. It prohibited those in Madinah from befriending the polytheists in Makkah and it prohibited all believers but excluded from that the believers who were in Makkah who were defeated in their affair. So it excluded them due to the existence of fear of the harm of the disbelievers near to them. This is the subject of the ayah and this is its meaning, and this is the Shari’ah rule deduced from it which is the forbidding of the believers befriending the disbelievers in all types of befriending, for support, friendship, assistance etc as the word (awliya) came general in the ayah covering all its meanings, and the permission of befriending them in the situation of fearing them i.e. fearing their violence and harm when the disbelievers are victorious over Muslims and the Muslims are defeated in their affair exactly like the situation of the Muslims in Makkah with the polytheists. There does not exist any other meaning in the ayahnor any rule other than this rule deducted from it. As for what some say that “taqiyyah” is that a Muslim displays opposite to what is hidden before any person from whom he fears harm or fears his knowing his reality and what is in his soul whether that person is a disbeliever or believer, this statement is pure error. The ayahdoes not indicate anything of this since the meaning of: “Except if you fear from them (tuqat)” i.e. except if you fear from them something to be frightened of as the meaning of “atqaytu” something “taqiyyah” is I feared it, and (tuqat) and (taqiyyah) are of one meaning. This is excluded from the prohibition of believers befriending disbelievers instead of believers so it is specific to what is excluded of it.

Accordingly displaying affection for the Muslim ruler due to fearing his harm when he is an oppressor, a transgressor, ruling by disbelief is haram. Similarly displaying affection for the Muslim contradicting you in the opinion while hiding hate for him is haram, and to show lack in restriction by Islam or not caring for it in front of the disbeliever or transgressor is not permitted. All of that and what is similar to that is hypocrisy which the Shar’a made haram upon Muslims since the subject of “Except if you fear from them something to fear (tuqat)” is restricted to the reality of Muslims who were in Makkah between polytheists i.e. restricted to the situation of the existence of Muslims under the authority of disbelievers and there is no capability for them to remove their authority i.e. defeated in their affair. Then it is allowed for them to befriend the disbelievers in fear over what is feared from them whether over their lives, wealth, honour or interests. In this situation alone it is allowed to take disbelievers as friends instead of believers. Everything that enters under this situation allows taking disbelievers as friends instead of believers. The issue is clarifying the situation wherein it is allowed for believers to befriend disbelievers which is where Muslims are defeated in their affair before disbelievers like where they are under their authority or rule; it is absolutely nothing else.

Muhammad bin Jareer At-Tabari said in his tafseer: “The view in interpreting His statement: ‘Let not the believers take the disbelievers as friends instead of believers’ until His statement ‘except if you fear from them something to be feared (tuqat).’ Abu Ja’far said: This is a prohibition from Allah (swt) for the believers not to take disbelievers as helpers and supporters and assisters. Accordingly He made (kasr) for “yatakhidhu” (to take) in the position of making the prohibition decisive but He made (kasr) for the “dhal” together with it due to the “sakina” which meets a “sakina”. The meaning of this is "Do no take, O you believers, the disbelievers as assisters and supporters befriending them, instead of Muslims, upon their religion and assist them against Muslims and direct them to their (Muslims’) weaknesses. For whoever does that then he is not from Allah (swt) in anything which means that he has been absolved from Allah (swt) and Allah (swt) is absolved from him by his apostasy from His deen and his entering into kufr ‘except if you fear from them something to be feared (tuqat)’ (i.e.) except if you are in their authority and fear them for your lives then show friendship by your tongues and hide your enmity from them but do not be partisans for what they are upon of kufr and do not help them against a Muslim by action" just as:

Al-Muthni narrated to me: Abdullah bin Sahr said: Mu’awiyya bin Salih informed me from Ali (ra) from ibn Abbas (ra) that His (swt) statement: “Let not the believers take disbelievers as friends instead of believers” except if the disbelievers become victorious so they shown them kindness but contradict them in their deen and that His (swt) statement: ‘except if you fear from them something to be feared (tuqat)’ until he said:

 Al-Hasan bin Yahya narrated to me that Abdurraziq informed us that Mu’ammar informed us from His (swt) statement: ‘Let not the believers take the disbelievers as friends’ that Qatadah said: It is not allowed for a believer to take a disbeliever as a friend in his deen. And His (swt) statement: ‘Except if you fear from them something to be feared’: that there is between you and him kinship so you befriend him for that. Abu Ja’far said: That which was said by Qatadah in his interpretation is for him alone nor is it the direction which the clear apparent meaning of the ayah indicates except if you fear from the disbelievers something to be feared. The stronger of the meanings of these words is except if you fear from them something to be feared. The (taqiyyah) which Allah (swt) mentioned in this ayah is the (taqiyyah) from the disbelievers not others and Qatadah took it to mean except if you fear Allah (swt) because of the kinship between you and them something to be feared so you united its blood-relationship which is not stronger in relation to the meaning of the speech. The interpretation in the Qur’an is upon the stronger apparent (meaning) of the known speech of the Arabs as was used among them” (At-Tabari’s words ends).

And Abu Ali Al-Fadhl bin Al-Hasn At-Tabarsi said in his ‘Majmu Al-Bayan fi tafseer Al-Qur’an’ that the Supreme’s statement: ‘Let not the believers take the disbelievers as friends instead of believers, and whoever does that is not of Allah in anything except if you fear from them something to be feared (tuqat). And Allah warns you against Himself and to Allah is the return’ that Yaqub and Sahl recited it as (taqiyyah) which is the recitation of Al-Hasan and Mujahid with the rest as (tuqat)…When the Supreme clarifies that He is the King of the world and Hereafter, and All-Capable (Al-Qadir) to honour and humble, He prohibited believers from befriending those who have no honour nor humiliation from His enemies so that the eagerness becomes for what is with Him and His friends, the believers, not His enemies i.e the disbelievers. So He said: ‘Let not the believers take the disbelievers as friends/supporters (awliya)’ i.e. it does not suit the believers to take disbelievers as friends for themselves, seek assistance from them, seek refuge with them and show love for them like He (swt) said in numerous places of the Qur’an like His (swt) statement:

لا تجد قوماً يؤمنون بالله واليوم الآخر يوادّون من حادّ الله ورسوله

‘You will not find a people who believe in Allah and the Last Day loving those who oppose Allah and His Messenger’ [Translation of the meaning of the Quran 58:22]

And His (swt) statement:

لا تتخذوا اليهود والنصارى أولياء

‘Do not take the Jews and Christians as friends’ [Translation of the meaning of the Quran 5:51]

And His (swt) statement:

لا تتخذوا عدوي وعدوكم أولياء

‘Do not take my enemy and your enemy as friends.’ [Translation of the meaning of the Quran 60:1]

His (swt) statement:

من دون المؤمنين

‘Instead of believers’ [Translation of the meaning of the Quran 28:53]

Means that friendship is obliged with believers, and this is a prohibition from befriending disbelievers and assisting them against believers. And it is said (that it is) a prohibition of treating the disbelievers with kindness and friendliness. It is narrated from ibn Abbas: "friends" (awliya) is the plural of "friend (waliyy) who is the one who commands the one pleased with his action with assistance and support, and it occurs in two ways. Firstly, the designated supporter with support and the other who is the supported. So His (swt) statement:

الله ولي الذين آمنوا

‘Allah is the friend of those who believe’ [Translation of the meaning of the Qur'an 2:257]

Means their helpers and supporters by His support, and it is said that the believer is the friend of Allah i.e. one assisted by His support. His statement: ‘whoever does that’ means whoever takes disbelievers as friends instead of believers ‘then he is not of Allah in anything’ i.e. he is not from the friends of Allah (swt) and Allah (swt) is absolved of him, and it is said he is not from the friendship (wilayah) of Allah in anything. Then He excluded and said: ‘except if you fear from them something to be feared’ means except that if the disbelievers are victorious and the believers defeated so the believer fears them if he does not show his agreement with them or make good his companionship with them. At that time, it is allowed for him to show his affection for them with his tongue and (فعند ذلك يجوز له إظهار مودّتهم بلسانه ومداراتهم تقية منه ودفعاً عن نفسه من غير أن يعتقد ذلك mudarat) of them as a precaution (taqiyyah) from them and protection for himself without believing that. In this ayah there is an indication that (taqiyyah) is permitted in the deen when there is fear over oneself and our companions say it is permitted in all matter at times of necessity and often it becomes obligatory for the variety of kindness and reconciliation, but it is not permitted from the actions in killing a believer or what is known or he considers most probable that it is spoiling (istifsad) in the deen. Al-Mufid said that it is obligatory at times and becomes fard, and it is permitted at times and becomes recommended. And it is permitted at time without obligation and it becomes at times better than leaving it; and it could at times be better to leave it even though its performer is excused and forgiven over it by leaving the blame over it. Sheikh Abu Ja’far At-Tusi said that the apparent meaning of the narrations indicate that it is obligatory during fear of one’s life, and it has been narrated that a dispensation in allowing speaking clearly the truth thereupon. Al-Hasan narrated

أن مسيلمة الكذاب أخذ رجلينمن أصحاب رسول الله صلى الله عليه وآله وسلم فقال لأحدهما: أتشهد بأن محمداً رسول الله؟ قال: نعم. قال: أفتشهد إني رسول الله؟ قال: نعم. ثم دعا بالآخر فقال: أتشهد بأن محمداً رسول الله؟ قال: نعم. قال: أفتشهد إني رسول الله؟ فقال: إني أصم. قالها ثلاثاً كل ذلك يجيبه بمثل الأول، فضرب عنقه. فبلغ ذلك رسول الله فقال: أمّا ذلك المقتول فمضى على صدقه ويقينه وأخذ بفضله فهنيئاً له، وأمّا الآخر فقَبِل رخصة الله فلا تبعة عليه

‘That Musaylimah the liar took two men of the Sahabah of the Messenger of Allah (saw) and said to one of them: Do you bear witness that Muhammad is a Messenger of Allah? He said: Yes. He said: Then do you bear witness that I am a Messenger of Allah? He said: Yes. Then he called for the other and said: Do you bear witness that Muhammad is a Messenger of Allah? He said: Yes. Then he said: Then do you bear witness that I am a Messenger of Allah? He said: I am deaf (to that). He said it thrice each time answering him like the first so he struck off his neck. This was conveyed to the Messenger of Allah who said: As for the one killed, he executed his truth and conviction, and he took his virtue so may it be good for him. As for the other, he accepted the dispensation of Allah so there is no (tab’a) for him.’

Accordingly (taqiyyah) is a dispensation and speaking clearly the truth is a virtue” (At-Tabarsi’s speech ends).

Accordingly it is shown from the words of the two mufasireen, At-Tabari and At-Tabarsi, who are of two different schools of thought, their agreement upon explaining the meaning of the ayah as it came in that it is a prohibition for believers befriending disbelievers and excluding the situation of believers fearing the harm of the disbelievers from this prohibition. Look at the words of At-Tabari: “except if you fear from them something to be feared (tuqat)’ (i.e.) except if you are in their authority and you fear them over your lives so you show them friendship with your tongues.” And look at the words of At-Tabarisi: “Then He excluded and said: ‘except if you fear from them something to be feared’ and the meaning is except if the disbelievers are victorious and believers defeated so the believer fears them if he does not show his agreement with them and does not make good his friendship with them. At that time it is allowed for him to show his love for them by his tongue and (mudarat) them as a precaution and in protection of his soul.” The two mufasireen agree that the subject is excluding the prohibition of believers befriending disbelievers and that it is limited to that. Except that At-Tabarisi followed upon that which is outside the subject and made the ayah an evidence that (taqiyyah) is permitted in the deen during for one’s life which is not present in the ayah since its subject is the prohibition of believers befriending disbelievers and excluding the situation of fear of the disbelievers when they defeat the Muslims in allowing their friendship in this situation. It is not (taqiyyah) in the deen nor is it specified to fear over life because the exclusion is general “except if you fear from them something to be feared” (i.e.) except if you fear from them what is to be feared from. Az-Zamakhshari said in Al-Kashaf: “Except if you fear from them a matter which requires protection from” so any matter which must be protected from permits befriending it i.e. all that you fear them which is general covering fear over life, wealth, honour and interests. Accordingly making the ayah an evidence for (taqiyyah) in the deen outside the subject, and making it specific in the situation of fear over life is specification without a specifying (evidence). This is besides it being another subject relating to kufr and iman only which is related to another ayah and it is not related to this ayah. As for the statement of At-Tabarisi: “Our companions said (it is) permitted in all matters during necessity” then what he quotes from Al-Mufid of its being obligatory or not obligatory to the last of what he mentioned is abstract speech of any evidence. The ayah does not indicate this in any way even according to At-Tabarisi’s own tafsir, nor did he come with any other evidence neither from the Book or Sunnah or Ijma'a of the Sahabah, hence it is rejected and falls from the rank of consideration. Nor is it said that if befriending disbelievers in the situation of fear of them is allowed then (mudarat) the unjust or transgressor ruler with power is of greater precedent. This is not said because that which is of greater precedent is the sense of the speech and this is not from it nor is ولا يَمُت له بصلة، (yamut) any connection (sillat) with it. It is not of the (qabeel) of the Supreme’s statement:

ومنهم من إن تأمنه بدينار لا يؤدّه إليك

“Among them is one whom if you entrust him with a Dinar would not return it to you” [Translation of the meaning of the Qur'an 3:75]

Nor is it of the (qabeel) of the Supreme’s statement:

ومن أهل الكتاب من إن تأمنه بقنطار يؤدّه إليك

“And of the People of the Book is one whom if you entrusted with a qintar will return it to you” [Translation of the meaning of the Qur'an 3:75].

This is because the transgressor is not from the category of the disbeliever or from their class, and because the friendship prohibited in this ayahis befriending instead of the believers. The unjust and transgressor ruler with power is among the believers injustice occurring from him or the transgression covering him does not negate the description of iman from him. Hence this subject does not enter in the research of greater precedent, so accordingly the greater precedent does not come into it such that it is used as a witness.

Moreover the befriending of the unjust and transgressor ruler with power is allowed in the situation of security and the situation of fear equally because he is a believer and befriending believers is definitely allowed because the word “believers” in His statement: “instead of believers” is general covering all believers. There did not come any text prohibiting befriending the unjust or transgressor ruler or befriending transgressors and the wicked (fujjar); rather the texts are specific in prohibiting the befriending of disbelievers. More than that, the obedience to the unjust ruler is obliged in other than sin and jihad is obliged under his banner and it is allowed to pray behind the Imam in prayer if he is a transgressor which are of the greatest indication regarding permitting their friendship. What is prohibited is the pleasure with the injustice of the ruler and the transgression of the transgressor. Accordingly (taqiyyah) is rejected when it is a believer showing opposite to what he hides in front of powerful unjust or transgressor ruler or opponent in the opinion or similar, and doing it is haram as it is hypocrisy and all hypocrisy is forbidden.

Above all that, the accounting of the unjust ruler over his injustice is obligatory and it is not allowed to leave it for fear of the ruler over money or interests or harm, nor is (taqiyyah) allowed therein. Announcing war against him if clear disbelief (kufr bawah) is seen from him after he was ruling by Islam is obligatory and it is haram to refrain from performing it. And commanding the good and forbidding the evil before the ruler or others from the people of transgression or injustice has been obliged by Allah (swt) upon the Muslims. This negates the view of (taqiyyah) and contradicts it completely as He (swt) decisively forbade keeping silent over the unjust ruler and the transgressor, whereas (taqiyyah) obliges silence over that at certain times and makes it recommended at other times and allows it at other times which contradicts the ayah of commanding good and forbidding evil and contradicts the authentic ahadith which came about rejecting upon the leaders and rulers if they are unjust or transgressors and the authentic ahadith which came regarding the obligation of accounting them over their actions an opposes the obligation of exposing the truth without taking into account, for the sake of Allah (swt), the complaint of a plaintiff. Accordingly, with regard to the (taqiyyah) of the unjust and transgressor ruler, or the strong usurper (mutasallit) among the wicked (fujjar) or the one opposing you in the opinion, there came ayatand authenticated ahadith texts contradicting that and encouraging the obligation of acting contrary to that, which emphasizes that it is haram, on top of its being hypocrisy which is not allowed for the Muslims.

There remains the question of the ayah:

إلاّ من أُكره وقلبه مطمئن بالإيمان

“Except the one who is compelled and his heart is content upon iman” [Translation of the meaning of the Qur'an 16:106].

Some mufasireen link it with the ayah: “except if you fear from them something to be feared” and deduce from it the entering of showing kufr and hiding iman in the category of friendship and making it to enter what they call (taqiyyah), with some deducing from it that friendship is allowed in the situation of fearing for one’s life only but not in other (situations). This is pure error because the ayah: “except the one who is compelled and his heart is content upon iman” has a different situation and a different subject as its subject is apostasy from Islam in the situation where there exists fear of definite, confirmed killing not probable and the subject of the ayah: “except if you fear from them something to be feared” is prohibiting befriending disbelievers in all its types and excluding the permissibility of this befriending in the situation of there existing what is feared from whether it was fear over life, wealth, interest or any harm. It distinguishes between the two situations and two subjects such that one does not enter into the other nor are they linked with it due to the difference in situation and subject. When the Muslim is under the authority of disbelievers defeated over his matter before them, it is not permitted for him to apostatise from Islam as a show of (mudara) to them; rather it is obligatory upon him to emigrate if he is unable to perform the rules of his deen contrary to befriending them which is allowed. However if the Muslims fear over his life a confirmed death and he is forced upon kufr then it is permitted for him to show kufr and hide iman, and other than that it is not permitted because of the text of the ayah:

من كفر بالله من بعد إيمانه إلاّ من أُكره وقلبه مطمئن بالإيمان

“Whoever disbelieves in Allah after his iman except the one who is compelled and his heart is content upon iman.” [Translation of the meaning of the Qur'an 16:106].

So the subject is the subject of kufr after iman i.e. the subject of apostasy from Islam, and the situation is the situation of fearing death. This is what the fuqaha term as الإكراه المُلجِئ (muljiu) which is the only compulsion considered by the Shar’a in all situations in which the rule is lifted from the one compelled. The compulsion which the Shar’a excluded is the (muljiu) compulsion i.e. the situation of fearing definite death. This is strengthened in the ayah that was revealed about Muslims who apostatised fearing death. It was narrated that this ayahwas revealed about Ammar bin Yasir. At-Tabari said: “Muhammad bin S’aad related to me and said: My paternal uncle related to me and said: My father related to me from his father from ibn Abbas that His statement: ‘Whoever disbelieves in Allah after his belief except the one who is compelled and his heart is content upon iman’ to the end of the ayah. This was because the polytheists struck Ammar bin Yasir and punished him then left him. So he returned to the Messenger of Allah (saw) and informed him about what he met with from Quraysh and what he said. So Allah (swt) revealed his mention of his excuse: ‘Whoever disbelieves in Allah after his iman’ until His statement ‘great punishment.’ Bashr related to us and said: Yazid related to us and said: Saeed related to us from Qatadah: ‘Whoever disbelieves in Allah after his belief except the one who is compelled and his heart is content upon iman’ and said: It was mentioned to us that it was revealed about Ammar bin Yasir whom Banu Al-Mughira captured and covered him in the well of Maymun and said: Disbelieve in Allah, so he followed them in that and his heart was compelled. So Allah (swt) revealed His statement: ‘except the one who is compelled and his heart is content upon iman.’ And At-Tabari said: Ibn Abd al-‘Ala related to us and said: Muhammad bin Thawr related to us from Mu’ammar from Abdulkareem Al-Juzri from Abu Ubayd bin Muhammad bin Ammar bin Yasir who said:

أخذ المشركون عمار بن ياسر فعذبوه حتى باراهم في بعض ما أرادوا، فذكر ذلك إلى النبي صلى الله عليه وسلم فقال النبي صلى الله عليه وسلم: كيف تجد قلبك؟ قال: مطمئناً بالإيمان. قال النبي صلى الله عليه وسلم: (فإن عادوا فعُد).

The polytheists took Ammar bin Yasir and punished him until he (bara) them in some of what they wished. He mentioned that to the Prophet (saw) and the Prophet (saw) said: How did you find your heart? He said: Secured upon iman. The Prophet (saw) said: If they repeat, then you repeat.”

These ahadith indicate that the circumstance of revelation of the ayah is the incident of Ammar and its subject is apostasy from Islam. The situation specific to it is the definite fear of killing which alone is sufficient to strengthen that it has no relationship with the ayah: “except if you fear from them something to be feared.” The ayah: “except the one who is compelled and his heart is content upon iman” was revealed in Makkah on the subject of iman, and the ayah: “except if you fear from them something to be feared” is Madinan revealed on the subject of excluding the situation of fearing what is to be feared from the prohibition of believers befriending disbelievers. Accordingly this ayah is not applicable on that subject.

There remains the rule regarding the one threatened with confirmed killing: Is it more virtuous to show kufr and hide iman so as to be safe from death or is it better to persevere upon his iman even if it leads to death? The answer is that persevering to iman even if it leads to death is better because the permissibility of showing kufr is a dispensation and lifts difficulty, and preserving the iman is (‘azeemah) which is the principle therefore it is better. It is narrated

أن مسيلمة أخذ رجلين فقال لأحدهما: ما تقول في محمد؟ قال: رسول الله. قال: فما تقول فيّ؟ قال: أنت أيضاً، فخلاّه. وقال للآخر: ما تقول في محمد؟ قال: رسول الله. قال: فما تقول فيّ؟ قال: أنا أصم، فأعاد عليه ثلاثاً، فأعاد جوابه، فقتله. فبلغ ذلك رسول الله صلى الله عليه وسلم فقال: أمّا الأول فقد أخذ برخصة الله، وأمّا الثاني فقد صدع بالحق فهنيئاً له

“That Musaylimah took two men and said to one of them: What do you say about Muhammad? He said: A Messenger of Allah. He said: Then what do you say of me? You as well. So he left him free. He said to the other: What do you say of Muhammad? He said: A Messenger of Allah. He said: Then what do you say of me? He said: I am dumb. He repeated it thrice and he repeated his answer, so he killed him. That reached the Messenger of Allah (saw) so he said: As for the first, he took the dispensation of Allah. As for the second, he exposed the truth so blessed be he.”

This is explicit in preferring the one who was patient and stuck to iman over the one who took the dispensation of Allah (swt) and showed kufr fearing for his life from a confirmed killing.

This is requiring the one from whom kufr is required. As for the one from whom is sought less than that like leaving the Islamic da’wah or performing a sin or something similar; permissibility is not taken from this ayah. Accordingly it is not said that if Allah permitted the Muslim to show kufr, then what is lesser than kufr is of greater precedent. This is not said because disobedience is not from the species of kufr, so it does not enter the research by greater precedent. Similarly an analogy between kufr and sin is not performed since there does not exist a reason until analogy occurs. However as for the one who fears for his life over confirmed killing and it is sought from him sin or doing less than kufr, it is permitted for him to do so to save his life and there is no sin upon him. This is due to his (saw) statement:

رُفع عن أمّتي الخطأ والنسيان وما استُكرهوا عليه

“Lifted from my Ummah is the mistake, forgetfulness and what is compelled upon it”

I.e. the blame and sin is lifted, and the rule is lifted, which means the permissibility of doing it. However (this is) only in one situation which is the situation of definite, confirmed killing which is what the fuqahacalled (muljiu) compulsion which is the only compulsion considered by the Shar’a in all conditions in which there is lifted from the one compelled like divorce, marriage, trade and other actions and contracts. His statement “and what is forced upon it” which is (muljiu) compulsion.

Arabic Source

Tawakkul on Allah (swt): Key to making change

Since December 2010, we have witnessed a turbulent change in the Muslim world. Millions have taken to the streets to oust the vicious tyrants who have ruled the Ummah with decades of brutality. In the process, thousands were martyred in what is now referred to as the “Arab Spring.” Such sacrifice has led the many shuhada to a glorious appointment with their Rabb, in the beautiful gardens of the Hereafter, insha'Allah. During these difficult times many people may have pondered on whether they should go out and challenge the regimes or simply conform to the status quo.

In Syria, the Muslim Ummah has witnessed children and women martyred by the Syrian regime’s forces. Towns and cities have been showered upon by bombs, women have been dishonoured, and the respect of the elderly has been violated. These scenes broadcasted over the internet have shaken even the strongest amongst us, creating a sense of desperation as to how our brothers and sisters will escape such a catastrophe. Given the gravity of this trial, it is a good time to reflect on the importance of having Tawakkul in Allah (swt).

Tawakkul

The chants of Allahu Akbar reverberating from Tahrir Square to Homs by our brothers and sisters have clearly demonstrated that their belief in Allah (swt), Tawakkul in Him and confidence in His Plans has been a cornerstone in keeping the masses motivated to resist the regimes. Allah (swt) revealed:

“So when you have made your decision, then put your trust in Allah.” [TMQ 3:159]

The scenes we have witnessed in Syria and other countries remind us of how Tawakkul has aided the believers in the past in the midst of such bleak situations. Allah (swt) revealed:

“Those (i.e. believers) unto whom the people (hypocrites) said, ‘Verily, the people (pagans) have gathered against you (a great army), therefore, fear them.’ But it (only) increased them inFaith, and they said: ‘Allah (Alone) is
“Say: ‘Nothing will happen to us except what Allah has decreed for us. He is our protector.’ And on Allah let the believers put their trust.” [TMQ 9:51]

Sufficient for us, and He is the Best Disposer of affairs (for us).’” [TMQ 3:173]

Absence of Tawakkul: Not an Option

It is not an option to let go of Tawakkul: failure to apply Tawakkul could take one into the grave territory of shirk. We simply have no right to ask questions like “Why us?” or “Why is this calamity happening to us?” Such questions may even take one out of Islam. The reality is that Allah (swt) is

Our Creator and we are His servants. We owe Allah Azza wa Jal everything and He owes us nothing.  Having Tawakkul in Him is part of us fulfilling our covenant with Him.

In addition, we must analyze whether our behaviour actually reflects this concept of Tawakkul. This includes the issue of politics; i.e. implementing shariah and re-establishing the Khilafah in the Muslim lands. We must not compromise on our deen out of fear that we may be harmed or killed by the enemies of Allah (swt). For example, the political parties that have been recently elected in Tunisia and Egypt claim that the reason they are not implementing the shariah is because they are fearful of reprisals from the Capitalist countries. Such a stance is completely opposite to how RasulAllah (saw) and the Sahabah (ra) approached Islam. We must have Tawakkul in Allah (swt) for precisely these situations where there is perceived danger for standing up for the deen of Allah (swt). Therefore, the sincere politician who takes power must not fear the US, just as the Sahabah (ra) did not fear the Romans – even though the Romans were greater in number and military might. In other words, what made the Sahabah (ra) brave was their Tawakkul in Allah (swt): they feared Him and realized that no one can harm them unless Allah (swt) Wills.   

Glad tidings for those who have Tawakkul

Abdu’llah ibn Mas’ud (ra) narrates that RasulAllah (saw) said:

“I saw the religious communities [umam] at the gathering place [mawsim], and I noticed that my Ummah filled both the plain and the mountainside, so I was astonished at their number and their condition. I was asked: “Are you well pleased?” “Yes,” said I. Then I was told: “Together with these, seventy thousand will enter the Garden of Paradise without undergoing any reckoning. They do not play with fire. They do not look for bad omens. They do not practice subterfuge. They put all their trust in their Lord.”

On hearing this, ‘Ukasha ibn Mihsan al-Asadi (ra) stood up and said: “O Messenger of Allah, appeal to Allah that He may include me among them!” So Allah’s Messenger (saw) said: “O Allah, let him be included among them!”Then someone else jumped up and said: “Appeal to Allah that He may include me among them!” To this he responded (saw) by saying: “‘Ukasha has arrived there ahead of you!” [Bukhari]

How the Ulama Discussed Tawakkul

 

Shaykh Abdul Qadir Jillani (rh) in his book “Al-Ghunya li-Talibin” (Sufficient Provision for Seekers of the Path of Truth) says: “The real meaning [haqiqa] of absolute trust [tawakkul] is delegating all one’s affairs to Allah (swt), making a clean escape from the murky darkness and gloom of personal choice and self-management, and advancing to the arenas where the [divine] decrees [ahkam] and foreordainment [taqdir] are experienced directly. The servant [of the Lord] must be convinced that there is no possibility of changing the allotment of destiny which means that whatever has been allotted to him cannot pass him by, and that he can never obtain what has not been allotted to him. His heart will then become reconciled to this, and he will feel confident in relying on the promise [wa'd] of his Master [Mawla]”.

This concept of tawakkul is also found in the stances taken by the leadership of some Islamic movements. For example, Hassan Al-Bana (rh), one of the leaders of the Islamic revival in Egypt, cautioned the Ummah that they should not be afraid to speak the truth out of fear of the Capitalist nations. He said: "It might be said that speaking publicly about going back to the system of Islam will scare the west, so they will unite against us, and we are no match to them. This is the ultimate weakness, a very corrupt assessment and short sightedness."

Consequently, we should draw strength from our trust in Allah (swt) and be confident when we stand for Islam – be it refusing a job that involves haram money or standing up to a tyrant ruler. In both of these situations, recognizing that Allah (swt) controls our rizq (provision) and our ajal (life span) will help us control our fear that refusing the job will deprive us or that standing up to the tyrant ruler will cause us to die. 

The Prophetic example

Our beloved Prophet (saw) clearly showed us how believers must place their complete trust in their Lord. Ibn ‘Abbas (ra) narrated that when the Messenger of Allah (saw) stood to pray tahajjud he said: “O Allah, to You I submit, in You I believe and on You I put my trust.” [Agreed Upon]

On the journey for hijrah made by the Prophet (saw) and Abu Bakr (ra), death loomed over them in the desert as they took steps to establish Islamic authority in Madinah. The Quraysh sent out patrols to find and kill our Beloved Prophet (saw) and Abu Bakr (ra). When they found refuge in a cave, Abu Bakr (ra) said, “I saw the feet of the Mushriks while we were in the cave and they (the Kuffar) were above our heads. I said, ‘Messenger of Allah, they will see us if they just look down towards their feet.’ The Prophet (saw) said, ‘O Abu Bakr, what do you think about the two with whom the third is Allah?’” [Agreed Upon]

This incident illustrates how RasulAllah (saw) had Tawakkul on Allah (swt) – even though the danger was immediately in front of him.

Today, we see many of our brothers and sisters on the streets of Syria continue to challenge the regime with only their voices and protests. In a video taken in Homs (www.youtube.com/ watch?v=y4STPzb2IDQ) we see our brothers and sisters, demonstrating their Tawakkul with the following chants:

"The Arab Leagues, the observers, the Syrian regime, America, Obama, Sarkozy...everyone is listening...Victory comes from whom? [Crowd responds] Allah!

O Youth, I just spoke with al-Jazeera...the whole world will see you...[tell them] is anyone waiting for victory from Obama? [Crowd responds] No!

Is anyone waiting for victory from Erdogan? [Response]  No!

If any of you is waiting for victory from any person or any council or the Arab league, he can leave...

Victory comes from where? [Crowd responds] From Allah!

Victory comes from where? [Crowd responds] From Allah!

Victory comes from where? [Crowd responds] From Allah!

[Crowd Recites Surat al-Nasr three times and proclaims three times:]

.

O Allah! We have none other than you...”

Glory to Allah (swt)! Glory to Him who has allowed us to witness such an amazing sight of Tawakkul and an example for us to follow! Indeed, the Muslim political parties that fear the might of the Capitalist countries should reflect on this firm stance that our brothers and sisters have taken in Homs. If the Muslims of Homs can proclaim the truth to a tyrant – in the face of death, torture and rape – then what is the excuse of other Muslims who compromise the deen out of fear of these things? By Allah (swt), there is no excuse.

Do not lose hope

Tawakkul on Allah (swt) is part of the Islamic Aqeedah and must be followed in thought and deed. This means observing the Shariah rules and placing our trust in Allah’s (swt) plans.

We make dua for the Muslims of Syria that Allah (swt) shower His Mercy on the Mu’mineen and destroy the evil plans of the Assad regime who wish to extinguish the light of Allah (swt). Indeed, it is only Allah (swt) Who can grant them an exit from their trial. Allah (swt) revealed:

“If Allah helps you, none can overcome you. If He forsakes you, who is there, after that, that can help you? In Allah, then, let believers put their trust.” [TMQ 3:160]

We pray that our brothers and sisters who are in trial remain strong in these dark days and have istiqamah (steadfastness) on Islam. Anas (ra) narrated that RasulAllah (saw) said:

“The one who leaves the world upon sincerity to Allah only without associating partners with Him, establishes the Salah, gives Zakah, then he will have left the world while Allah is pleased with him.” [Ibn Majah]

May Allah (swt) plant our feet firmly in His Deen and make us among those who rely only upon Him (swt).

Source

Q&A: Shari' rule on songs, music, singing & instruments?

The following is a draft translation from the book مسائل فقهية مختارة (Selected fiqhi [jurprudential] issues) by the Mujtahid, Sheikh Abu Iyas Mahmoud Abdul Latif al-Uweida (May Allah protect him). Please refer to the original Arabic for exact meanings.

Question: What is the Shari’ ruling in singing or listening to songs?  What is the hukm of using musical instruments and is its trade allowed? I request you to answer in detail with the evidences?

Answer: The Imams (Mujtahids) and the jurists have differed on the issue of singing and they have varying opinions such as haraam(prohibited), Makruh (disliked) and Mubah (permissible), the ones who have prohibited it are from the ones who hold the opinion of prohibition of singing as a trade or profession, and a similar opinion has been transmitted from Imam Shafi’i, and from the ones who disliked it is Ahmad Ibn Hanbal who disliked the issue and categorised its performance under disliked acts, a similar opinion has been transmitted from Shafi’i' and Al-Qadhi also. And from those who allowed (permitted) it are Ibn Hazam and Abu Bakr al Khalaal and Abu Bakr Abdul Aziz and Saad Ibn Ibrahim and Anbari and many others from the People of Medina. They took Nasheeds in a different category and removed them from the Hukm and allowed (permitted) it. Ibn Qudama mentioned about it in his book Almughni.

And so that the correct opinion is put forth in this subject let us study the texts (Ayat/ahadith/ijmaa) which are concerned with this subject:

A. The texts used as daleel by the ones who prohibit singing:

1.                        عن أنس بن مالك قال: قال رسول الله r "من جلس إلى قَيْنَةٍ فسمع منها، صبَّ الله في أذنيه الآنُكَ يوم القيامة" رواه عبد الله بن المبارك. والقينة هي الجارية. والآنُك هو الرصاص.

It is narrated by Anas bin Malik who said that the prophet (saw) said “Whoever listens to a female singer, molten lead will he poured into his ears on the day of judgement." Reported by Abdullah ibn Mubarak.

2.                        عن أبي مالك الأشعري رضي الله تعالى عنه قال: قال رسول الله r"ليشربَنَّ ناسٌ من أمتي الخمرَ يسمونها بغير اسمها فيُعزَفُ على رؤوسهم بالمعازف والمغنِّيات يَخْسِف الله بهم الأرضَ، ويجعل منهم القردة والخنازير " رواه ابن ماجة.

Abu Malik alashari (ra) narrated that he heard the prophet (saw) say: “Indeed, people will change the name of wine to consume it and play with musical instruments, Allah will cause the earth to swallow them and change them into monkeys and swines.” (Narrated by Ibn Majah in his sunan)

3.                        عن أبي أُمامة قال " نهى رسول الله r عن بيع المغنيات وعن شرائهن وعن كسبهن وعن أكل أثمانهن " رواه ابن ماجة.

It is narrated from Abu Umama who said "Do not sell, buy or teach singing-girls, and the price paid for them is unlawful.” (Narrated by Ibn Majah & Tirmidhi)

4.                        عن أبي أُمامة t قال: قال رسول الله r " إن الله بعثني رحمة للعالمين، وهدى للعالمين، وأمرني ربي عزَّ وجلَّ بمحق المعازفِ والمزاميِر والأوثانِ والصُّلُبِ وأمرِ الجاهلية... ولا يحل بيعُهن ولاشراؤُهن، ولا تعليمهن، ولا تجارةٌفيهن، وثمنهنَّ حرامٌ، يعني الضاربات. وفي رواية المغنيات " رواه أحمد.والصُّلُب جمع صليب.

Abu Umamah narrates that the prophet (saw) has said:

“Verily Allah azza wa jall has sent me with guidance and as a mercy to mankind and (in spite of this) he ordered me to obliterate musical instruments, idols, the cross and things of ignorance...and their selling is not allowed and neither is their buying, nor its teaching, nor the trade in it, and its price is haram, meaning the beaters (drum beaters) and in another riwayah – the female singers.” (Narrated by Ahmad) 

5.                        عن ابن عباس t عن رسول الله r قال " والذي نفسي بيده لَيبيتَنَّ ناسٌ من أمتي على أَشَرٍ وبَطَرٍ ولعبٍ ولهوٍ، فيصبحوا قردةً وخنازير باستحلالهم المحارم والقَيْنات وشربهم الخمر وأكلهم الربا، ولبسهم الحرير " رواه عبد الله بن أحمد في زوائد المسند.

Ibn Abbas narrates that he prophet (saw) said “By the lord in whose hands lies my soul a group of my Ummah will spend a night in food, drinks and party, they would wake up the next morning deformed into swines and monkeys for making halal as haraam and the music and for their drinking of wine and eating of interest and wearing silk” (narrated by Abdullah Ibn Ahmad in Zawaid alMusnad)

6.                        عن عبيد الله بن زَحْر عن علي بن يزيد عن القاسم عن أبي أُمامة t عن رسول الله r قال " لا تبيعوا القَيْنات ولا تشتروهن ولا تُعلِّموهنَّ، ولا خير في تجارةٍ فيهن، وثمنُهنَّ حرام، في مثل هذا أُنزلت هذه الآية {ومِنَ الناسِ مَنْ يشتري لهوَ الحديثِ ليُضِلَّ عن سبيلِ اللهِ } إلى آخر الآية ". رواه الترمذي وأحمد وابن ماجة والبيهقي.

Abu Umama narrates that prophet (saw) said: “Never trade female slave singers nor train them in singing as well. It is no good to trade them, and [for you], their price is forbidden, and for this the ayah was revealed: {ومِنَ الناسِ مَنْ يشتري لهوَ الحديثِ ليُضِلَّ عن سبيلِ اللهِ }

(From amongst men there are those who purchase ‘lahw al hadith’ without knowledge, to mislead from the Path of Allah and they ridicule it. For them there is a humiliating punishment)). [Luqmân: 6] (Narrated by Tirmidhi and Ahmad and Ibn Majah and al Bayhaqi)

7.                        عن شيخٍ شهد أبا وائلٍ في وليمة، فجعلوا يتلَعَّبون ويُغنُّون، فحلَّ أبو وائلٍ حبوتَه، وقال: سمعت عبد الله يقول: سمعت رسول الله r يقول "الغناء يُنبتُ النفاقَ في القلب " رواه أبو داود. والحبوة  (بفتح الحاء وضمها وكسرها) هي الجلوس على الإِليتين مع ضم الفخذين والساقين إلى البطن بالذراعين.  

A sheikh who saw Abu Wa’il in a waleema where there was singing and playing going on, so Abu Wa’il sat in an upright manner and said I heard Abdulla say that he heard the prophet (saw) say: "Singing makes hypocrisy to grow in the heart like water makes herbs grow.” (narrated by Abu Dawud)

8.                         عن أبي الصَّهباء "أنه سأل ابن مسعود عن قول الله {ومن الناس من يشتري لهو الحديث } قال: الغناء". رواه ابن جرير الطبري في تفسيره.

Abu suhaba says that he asked Ibn Masud (ra) about the ayah “from amongst men there are those who purchase ‘lahw al hadith” he replied that it was singing. (narrated by Ibn Jarir and by Tabari in his tafseer)

9.                         جاء في صحيح البخاري ما يلي  (وقال هشام بن عمَّار حدثنا صَدَقة بن خالد حدثنا عبد الرحمن بن يزيد بن جابر حدثنا عطية بن قيس الكلابي حدثني عبد الرحمن بن غَنْمٍ الأشعري قال: حدثني أبو عامر أو أبو مالك الأشعري، والله ما كذبني، سمع النبي r يقول " ليكونَنَّ من أمتي أقوامٌ يستحلون الحِرَّ والحرير، والخمرَ والمعازفَ، ولَينـزِلنَّ أقوامٌ إلى جنب عَلَم يروح عليهم بسارحةٍ لهم يأتيهم لحاجة فيقولون: إرجع إلينا غداً، فيُبَيِّتُهم الله ويضع العَلَم، ويمسخ آخرين قردةً وخنازيرَ إلى يوم القيامة ") ورواه الطبراني. والسارحة هي الماشية. والعَلََم هو الجبل.

It has been reported in the Saheeh Al Bukhari (And ibn Hisham ibn Ammar that Sadaqa Ibn Khalid narrated to him from AbdulRehman Ibn Yazid Ibn Jabir that he heard from Atiya Ibn Qays al Kilabi that he heard from Abdul Rehman Ibn Ghanam al Ashari who said: that Abu Amir narrated to us or Abu Malik al Ashari narrated to us, and by Allah he did not lie to me, that he heard the prophet (saw) say : "There will be from my nation a people who will deem fornication, silk (for men), alcohol, and music to be permissible; and there will be a people who will camp beside a high mountain, when a poor man passes by them and asks for a need, they will say to him, 'Return to us tomorrow.' In the morning Allah will make the mountain fall upon them and the others (who are saved) are transformed into apes and pigs, until the Day of Judgement." (narrated by Tabarani)

B. The texts which are depended upon by the ones who permit singing or dislike it.

1.                        عن عامر بن سعد قال " دخلتُ على قُرَظةَ بنِ كعبٍ وأبي مسعود الأنصاري في عرسٍ، وإذا جَوارٍ يُغنِّين، فقلت: أنتما صاحبا رسول الله r، ومِن أهل بدرٍ يُفعل هذا عندكم ؟ فقالا: إجلس إن شئت فاسمع معنا، وإن شئتَ فاذهب، قد رُخِّص لنا في اللهو عند العرس" رواه النَّسائي والحاكم وصححه.

‘Aamir Ibn Sa’ad narrates: I approached Qarazah Ibn Ka’ab & Abi Mas’oud Al-Ansari (ra) during a marriage ceremony when there was singing going on around and said to them: “You are the companions of the Prophet (saw) as well as you participated in the battle of Badr, and yet this (singing) is going on around you? They said: If you like sit and listen to it with us, and if you like, go away. This vain act is permitted for us during marriage ceremonies.”[Narrated in Nasa’i and authenticated by Hakim].

2.                        عن السائب بن يزيد t " أن امرأة جاءت إلى رسول الله r فقال: يا عائشة أتعرفين هذه ؟ قالت: لا يا نبي الله فقال: هذه قَيْنةُ بني فلان، تحبين أن تغنيَكِ ؟ قالت: نعم، فأعطاها طَبَقاً فغنَّتها، فقال النبي r: قد نفخ الشيطان في مِنْخريها " رواه أحمد بسند صحيح، ورواه الطبراني. والطبق هو الإناء.

Narrates Sa’ib Ibn Yazid: A woman came to the Holy Prophet (saw). He asked ‘A’ishah (ra): ‘Do you know her?’ ‘No, O Prophet (saw) of Allah’ she replied. He (saw) said:”This is the female professional singer of such and such tribe. Do you want her to sing to you?” Aishah said:”Yes”, so the woman sang for her, then the Prophet (saw) said “the devil blew in her nostrils.” (narrated by Ahmad and Tabarani)

3.                        عن جابر رضي الله تعالى عنه قال: قال رسول الله r لعائشة " أهديتم الجارية إلى بيتها ؟ قالت: نعم، قال: فهلا بعثتم معهم من يُغَنِّيهم يقول: أتيناكم فحيُّونا نُحَيِّيكم، فإن الأنصار قومٌ فيهم غَزَل " رواه أحمد بسند صحيح، ورواه البخاري من طريق عائشة بلفظ" أنها زَفَّت امرأةً إِلى رجلٍ من الأنصار، فقال نبي الله r: ياعائشة، ما كان معكم لهوٌ ؟ فإنَّ الأنصار يُعجبهم اللهو " ورواه الحاكم وصححه، ووافقه الذهبي.

Narrates Jabir (ra): The Holy Prophet (saw) asked A’ishah:”Have you sent the bride to her house?’ ‘Yes’, she replied. He (saw) asked:”Did you send any singer with them who could sing for them?” ‘A’ishah (ra) replied in the negative. The Holy Prophet (saw) then remarked: It would have been better if you had sent a singer with them who would sing that we have come to you so welcome us, because the Ansar are a people who love singing.” (narrated by Ahmad with a Sahih chain, and by Bukhari on the authority of A’ishah with the words) “that she sent a bride for marriage to one of the men of the Ansar, the prophet asked her “O A’ishah” don’t you have lahw? the Ansar love Lahw” (narrated by Hakim and Dhahabi has approved it).

4. عن عائشة رضي الله عنها " أن أبا بكر الصديق دخل عليها وعندها جاريتان في أيام مِنى تُغَنِّينان وتَضْرِبان، ورسول الله r مسجَّى بثوبه، فانتهرهما أبو بكر، فكشف رسول الله r عنه، وقال: دعهما يا أبا بكر، فإِنها أيام عيد... " رواه مسلم.

Narrates ‘A’ishah (ra): Abu Bakr as Siddiq (ra) came to her residence while two female singers were singing and beating (instruments). The Holy Prophet (saw) had covered his face with his dress. Meanwhile Abu Bakr (ra) entered and [seeing the singers] rebuked me thus: ‘Satanic musical instruments in the presence of the Holy Prophet (saw)?’ On hearing this God’s Messenger (saw) turned towards him and said: ‘Leave them, these are days of the Eid.” (narrated by Muslim)

5.                         عن عبد الله بن بُريدة قال: سمعت بُريدة يقول " خرج رسول الله rفي بعض مغازيه، فلما انصرف جاءت جاريةٌ سوداءُ فقالت: يا رسول الله، إني كنتُ نذرتُ إِنْ ردَّك الله سالماً أن أضرب بين يديك بالدُّفِّ وأَتغنَّى، فقال لها رسول الله r: إن كنتِ نذرتِ فاضربي وإلا فلا، فجعلت تضرب، فدخل أبو بكر وهي تضرب ثم دخل علي وهي تضرب ثم دخل عثمان وهي تضرب ثم دخل عمر فألقت الدُّف تحت إِستها ثم قعدت عليه، فقال رسول الله r: إن الشيطان ليخاف منك يا عمر، إني كنت جالساً وهي تضرب فدخل أبو بكر وهي تضرب ثم دخل علي وهي تضرب ثم دخل عثمان وهي تضرب، فلما دخلتَ أنت يا عمر ألقت الدُّفَّ " رواه الترمذي وقال: هذا حديث حسنٌ صحيحٌ غريبٌ، ورواه أحمد بسند صحيح، ورواه أبو داود والبيهقي.

Abdullah Ibn Buraidah narrates on the authority of his father: The Holy Prophet (saw) returned from some of his military expeditions. A black slave girl approached him and said: ‘I had vowed to beat the Daff before you if Allah brought you back safe and unhurt’. The Holy Prophet (saw) replied: ‘If you had vowed, then proceed, otherwise do not’. She started beating the Daff. Meanwhile Abu Bakr (ra) came while she was beating the Daff. Then ‘Usman (ra) and ‘Ali (ra) came and she continued beating the Daff. Then came ‘Omar (ra) and she covered her instrument under herself and sat over it as soon as she saw him. At this the Holy Prophet (saw) commented: ‘Omar, even Satan fears you, I was sitting and she was beating the Daff, and then Abu Bakr entered and she continued beating and then Ali entered and she continued beating and the Uthman entered and she continued beating but when you entered O ‘Omar she stopped the Daff’ (narrated by Tirmidhi and he said this is a Hasan Ghareeb hadith and Ahmad narrated it with a Saheeh chain and Abu Dawud & Al Bayhaqi also narrated it.)

6.                        عن يحيى بن سليم قال: قلتُ لمحمد بن حاطب: تزوجتُ امرأتين ما كان في واحدةٍ منهما صوت، يعني دُفَّاً، فقال محمد t: قال رسول الله صلى الله عليه وآله وسلم" فصْلُ ما بين الحلال والحرام الصوتُ بالدُّفُّ " رواه الحاكم وصححه ووافقه الذهبي. ورواه أحمد بسند صحيح. ورواه ابن ماجة والنَّسائي، والترمذي وحسَّنه.

Yahya bin Salim said that I said to Muhammad Ibn Hatib “I married two women and there was no voice, i.e. there was no Daffin the marriage, so Mohammad Ibn Hatib said: the holy Prophet (saw) said: ‘the thing that distinguishes the allowable act (i.e. Nikah) from the forbidden one (fornication) is the beat of the tambourine and open declaration of the Nikah.’” (Al Hakim narrated and Dhahabi approved it, Ahmad also reported it with a Saheeh chain, and Ibn Majah narrated and Nasai as well did, and Tirmidhi narrated it and graded it as Hasan).

7.                        عن الرُّبيِّع بنتِ مُعَوّذ رضي الله عنها قالت " دخل عليَّ رسول الله r صبيحة عُرسي وعندي جاريتان تغنيان وتُندبان آبائي الذين قُتلوا يوم بدرٍ، وتقولان فيما تقولان: وفينا نبيٌّ يعلم ما في غدٍ، فقال: أمَّا هذا فلا تقولوه، ما يعلم ما في غدٍ إلا الله " رواه ابن ماجة، ورواه أبو داود بمعناه  ورواه الترمذي وقال: هذا حديث حسن صحيح وجاء في روايته " وجُوَيْراتٌ لنا يضربن بدُفُوفِهِن ".

Narrates Rabi‘, daughter of Mu‘wwadh (ra): On the morning of my marriage, the holy Prophet (saw) came to visit us while two slave girls were beating the Daff and singing in lamentation of my forefathers who had been killed during the battle of Badr. The girls were singing: “Among us is the Prophet (saw) who knows what will happen tomorrow”, he (saw) said: ‘Do not say this, as no one knows what will happen tomorrow other than Allah (swt).” (narrated by Ibn Majah, and Abu Dawud, Tirmidhi also narrated it and said that this hadith is Hasan Saheeh”

8.                        عن عائشة رضي الله عنها قالت " دخل عليَّ أبو بكر وعندي جاريتان من جواري الأنصار تُغنيان بما تقاولت به الأنصار في يوم بُعاث، قالت: وليستا بمغنيتين فقال أبو بكر: أبمزمور الشيطان في بيت النبي r ؟ وذلك في يوم عيد الفطر، فقال النبي r: يا أبا بكر، إن لكل قومٍ عيداً، وهذا عيدُنا " رواه ابن ماجة.

Narrates ‘A’ishah (ra): Abu Bakr as Siddiq (ra) came to her residence while two female Ansari singers were singing and beating (instruments) the songs of Bu‘ath. Meanwhile Abu Bakr (ra) entered and [seeing the singers] rebuked me thus: ‘Satanic musical instruments in the presence of the Holy Prophet (saw)?’ On hearing this Allah’s Messenger (saw) turned towards him and said: ‘O Abu Bakr, for all people there is a Eid, and this is our Eid” (narrated by Ibn Majah)

9.                        عن أنس بن مالك t" أن النبي r مرَّ ببعض المدينة، فإذا بجوارٍ يضربن بدُفِّهنَّ ويتغنَّين ويقلن:

نحـن جَـوَارٍ مـن بني النجـارِ

يـا حبـذا  محمـدٌ من جـارِ

فقال النبي r: اللهُ أعلم إِني لأُحِبُّكُنَّ " رواه ابن ماجة بسند صحيح.

Anas Ibn Malik (ra) narrates that the Prophet (saw) passed through Madeenah and saw in a certain locality that some people were beating their Daffand singing: “We are the people of the Bani Najjar; We welcome Muhammad as our neighbour.”

The Prophet (saw) said: “Know that I love you all.” (Ibn Majah narrated through authentic chain).

10.                    عن نافع مولى ابن عمر t" أن ابن عمر رضي الله عنهما سمع صوتَ زَمَّارةِ راعٍ، فوضع أُصبعيه في أُذُنيه وعَدَل راحلته عن الطريق وهو يقول: يا نافع أتسمع ؟ فأقول: نعم، فيمضي حتى قلتُ: لا، فوضع يديه وأعاد راحلته إلى الطريق وقال: رأيتُ رسول الله r، وسمع صوتَ زَمارةِ راعٍ، فصنع مثل هذا " رواه أحمد بإسناد صحيح.ورواه ابن ماجة والخلاَّل.

Nafe’ (ra), the servant of Ibn ‘Omar (ra) narrates that Ibn Omar (ra) heard the sound of flute and pushed his fingers into his ears and diverted his path while saying: “O Nafe’!” Do you hear? So I said to him: “Yes” and he kept on repeating this until I told “No”. Only then he removed his fingers from his ears and reverted to the earlier path, and said: “I saw the Prophet (saw) who heard the flute sound and did similarly.”[Narrated in Musnad Ahmad with an authentic chain, also narrated by Ibn Majah and al-Khallal].

11.                    عن عُقبة بنِ عامر رضي الله تعالى عنه قال: قال رسول الله r " تعلموا كتاب الله وتعاهدوه وتغنَّوا به، فوالذي نفسي بيده لهو أشدُّ تفلُّتاً من المخاض في العُقُل " رواه أحمد والدَّارمي والنَّسائي، ورواه النَّسائي أيضاً في السُّنن الكبرى، بلفظ "...والذي نفس محمدٍ بيده لهو أشدُّ تَفلُّتاً من العِشَارِ في العُقُل " والعِشار والمخاض هي النياق الحوامل، جمع ناقة. والعُقُل جمع عِقال وهو الحبل الذي يُربطُ به.

‘Uqbah Ibn ‘Aamir (ra) says that the Prophet (saw) said: “Learn the book of Allah and abide by it and recite it well, by the One in whose hand is my soul, it (meaning, the Quran) is easier to lose (from memory) than a camel from its rope.” Narrated  in Musnad Ahmad, al-Darimi, al-Nasai, and in Sunan al Kubrah with a different wording and identical meaning.

12.                    عن سعد بن أبي وقاص t أن رسول الله r قال " ليس منَّا مَنْ لم يتغنَّ بالقرآن " رواه الدَّارمي وابن ماجة.

Saad Ibn Abi Waqqas (ra) narrates that the Prophet (saw) said, “he is not from us who does not sing in the Quran” (narrated by al-darami and Ibn Majah)

We now examine the Isnad of the Ahadeeth narrated under the first opinion in order to conclude whether these are conclusive to rely upon or not?

The first hadith which was narrated by Abdullah ibn Mubarak from Anas bin Malik has a broken Isnad (chain), as four of its narrators are weak or unknown, and they are Ibrahim ibn Uthman, Ahmad Ibn Ghamar, Yazid Ibn AbduSamad and ‘Obaid Ibn Hisham alHalabi, therefore the hadith cannot be relied upon as evidence.

The second hadith was narrated by Ibn Majah from Abu Malik al-Ash’ari and in this chain is Malik Ibn Abi Mariyam and Dhahabi said about him: he is unknown, and therefore is a unknown narrator, in addition to the narrator Mu’awiyah Ibn Saleh, who was unaccepted by many of the scholars of Hadeeth because of his weakness, therefore the hadith is very weak and is abandoned.

The third Hadith which is narrated by Ibn Majah from Abu Umama in its chain exist Abu Muhallab Mutrah ibn Yazid who has been weakened by Abu Zar-al-Razi and Abu Hatim al-Razi. And Ibn Mu’in said: he is nobody, and Bukhari said: he is a refuser of hadith, and also in the chain is ‘Obaidulla al-Afriqi who has been classified as a weak narrator by Ahmad and Darimi and Darqutni. And ibn muin said: he is nobody. And ibn Madeeni said: he is a refuser of hadith. And Abu Mish’ar said: he is a companion of every problem. The hadith therefore is very weak and is not accepted.

The fourth hadith which has been narrated by Ahmad from Abu Umamah , in its chain exists Ali Ibn Yazid al-Alhani and he is weak. And similarly Qasim is also weak and therefore the hadith is very weak and is hence not accepted.

The fifth hadith which has been narrated Abdulla Ibn Ahmad Ibn Hanbal in Zawaid al-Musnad, in this chain exists Farqad as Sabakhi, Haithami in Majmu’a azzawaid said: Farqad is weak; al-Munziri also said that the hadithis weak. This hadith was also narrated by Saeed Ibn Mansur and in his chain there are three weak narrators, therefore the hadith is weak and hence is not accepted.

The sixth hadith which has been narrated by Tirmidhi from Abdullah Ibn Zahr from Ali Ibn Yazid from Qasim ibn abu Umama, from Ali Ibn Yazid, Tirmidhi said (some of the scholars of knowledge spoke against Ali Ibn Yazid and they claimed he was weak) and Bukhari said that he was a refuser of hadithand Nasaee said: is not trustworthy. Darqutni unaccepted it. And Shawkani claimed ‘Obaidulla Ibn Zahr and Qasim to be weak. Therefore the hadithis very weak and hence is not accepted.

The seventh hadith has been narrated by Abu Dawud from a sheikh whom Abu Wail had seen and it is clear that there is a unknown narrator who has not been named and he is the sheikh whom Abu Wail had seen, therefore the hadith is weak and is not accepted.

The eighth hadith which has been narrated by Ibn Jarir al-Tabari in his tafsir is a qawl (saying) of ibn Mas’ood and is not a marfoo’hadith, and the sayings of Sahaba are not evidence (daleel), and they are ahkam shari’a for them and for those who do taqleedto them from the Muslims, and it is not obligatory for all the Muslims to do taqleedto it, and this is the saying of Ibn Mas’ood (ra) and his understanding from the ayah, in fact it is the sharh of (lahw) and it is a correct understanding as the has been quoted in the first hadith in the second section which says: “This vain act is permitted for us during marriage ceremonies.” i.e. singing is permitted during marriage ceremonies. As for the Prophet (saw)’s saying in the third hadith, when he (saw) asked ‘Aishah (ra): “Did you send any singer with them who could sing for them, because the Ansar like it”, i.e. they like singing. An observer in this would easily notice that singing is dispraised or censured because of its linkage (Qareenah) to being distractive from Allah (swt)’s path. If it were not so, there would be no censure. Any linkage to distraction from Allah (swt)’s path in any saying renders it to be dispraised while the act itself remains permissible. Singing is similar, it is permissible like any other permissible act unless linked to being distractive from Allah (swt)’s path. Hence this interpretation is not an evidence of its prohibition.

There is one hadith remaining which was reported in Sahih al-Bukhari which is a mu’allaq hadith, and this is one of the evidences for the ones who say that music and musical instruments are not allowed, we shall look into this hadith in some detail:

This hadith although narrated in Sahih al-Bukhari, it would be not correct to say that Bukhari narrated this hadith since Bukhari does not say (he informed us) or (he told us) or something of the similar words, he reports in a mu’allaq manner in the format (and Hisham ibn ‘Ammar said) and the mu’allaqAhadeeth in Sahih al-Bukhari are not obliged to be taken as evidence although they can be referred to. The Ahadeeth mua’llaqa means that one narrator or more are not mentioned in the chain, and thereby the hadith is Munqat’i (unconnected), and I question: why did not Bukhari mention the one who narrated this hadith to him? Does this not indicate Imam Bukhari’s suspicion on the narration and the narrator, and therefore this hadith falls down from the level of being Saheeh.

Hisham bin ‘Ammar is a man of trust but when he became old his condition changed, his sayings could not be taken doubtlessly, Abu Hatim arRazi says (when Hisham became old he changed, he would read whatever was given to him and whatever was dictated to him, he would accept) and Abu Dawud from whom Al-’Ajari narrated (Hisham narrated four hundred Ahadeeth but his chains do not have a base),  and he also said that Hisham would take the Ahadeeth from Abu Mish’ar and then narrate them, and after this he i.e. Abu Dawud said (I was afraid he would create doubts in the matter of Islam itself). Imam Ahmad Ibn Hanbal said: “He was somewhat fickle” and also said: “If you happen to pray behind him, repeat your prayers.” It is not correct to take Ahadeeth from such a narrator, moreover, Sahih Ahadeeth refute what he narrated.

Abu Dawud narrated in his Sunan with a good chain, starting with Hisham bin ‘Ammaar: (Abdul Wahab bin Najdah narrated to us, that Bashar bin Bakr narrated to us, from Abdul Rahman Ibn Yazid Ibn Jabir, that ‘Atiyah Ibn Qays narrated to us: I heard Abdul Rahman Ibn Ghanam al’Ash’ari say: Abu Amir narrated to us or Abu Malik, I swear by Allah another oath that he did not believe me that he heard the Apostle of Allah (peace be upon him) say: There will be among my community people who will make lawful (the use of) khazzand silk. Some of them will be transformed into apes and swine till the day of judgement”. And this has a strong chain with out any doubt but there is no mention of musical instruments and female singers, so it is obvious as to which of these narrations is preferred?

The Shari’a came inline with the innate nature of man and there is no proof to say that it is in conflict with the nature of man, and the singing as all of us know, is from the nature which I cannot comprehend that a man who lives for four years or more and does not listen to songs, our children from a very young age tend to sing and dance, so has Islam come to prohibit what is part of our nature?

In the end I say, if this was a hadith, with no contradiction with the other Saheeh Ahadeeth which we have presented, we would have relied upon it over weaker Ahadeeth. But the issue here is different, that there are many Ahadeeth which are Saheehand Hasan and contradictory to this hadith, so how do we take it?

For these 5 reasons I do not take this hadith as an evidence for prohibiting singing and musical instruments.

And after we have finished discussing the Ahadeeth from the first section and we have demonstrated their weakness, let us now look at the Ahadeethin the second section, and all of which are Sahih to take into consideration as evidence, from these we will derive the hukm for singing.

The first hadith permits singing in marriage ceremonies.

The second hadith permits the singing in other than marriage with musical instruments.

The third hadith permits singing and this occurred during a marriage ceremony.

The fourth hadith permits singing with a beating instrument and that can be the Duff and that happened at the day of Eid al Adha.

The fifth hadith permits singing with a Daff by a woman in the presence of men. It cannot be said that this does not amount to permission to sing; rather it allows compliance with one’s vow (nadhar), since if there was no vow, there would be no singing. This view is not correct because if the vow (nadhar) were to be for a sinful act, its compliance would not be permitted at all. If singing were to be sinful, the Prophet (saw) would not have permitted, for it is reported by ‘Aishah (ra) that he (saw) said: “Whoever vows that he will obey Allah, he must obey Him, and whoever vows that he will disobey Allah, he should not disobey Him.” This is reported by Bukhari, Abu Dawud and Nasai. Also since the Prophet (saw) is reported by ‘Imran Ibn Hussain (ra) that he (saw) said: “There is no compliance of a vow (nadhar) for a sin.” This is reported by Muslim. Thus since singing is permissible, the Prophet (saw) allowed the woman to comply with her vow because the Prophet (saw) had returned safely from the battle.

The sixth hadith indicates that singing combined with the Duffis mustahab in a marriage, and not only permissible (mubah), so singing is mandub (recommended) in the marriage and not permissible only.

The seventh hadith gives daleel for the permissibility of singing with the acceptance of the Prophet (saw) on the condition of not uttering haram things, the singing occurred during a marriage.

The eighth hadith gives daleel of permissibility of women singing in front of the Prophet (saw) and that happened on the day of Eid.

The ninth hadith makes singing with good word mustahabwith the evidence that the Prophet (saw) permitted the singers and beaters (of Duff) when he said “by Allah I love you” and that is for motivating the singers and he did not restrict this time of singing to marriages or other occasions only.

The tenth hadith permits singing with a flute with the evidence the Prophet (saw) did not prevent the shepherd to sing with the flute, although he plugged his ears as a choice of his and not as an obligation, similar to the incident where he was presented with the meat of locust but he did not eat from and let the others eat form it. The people understand from this act of the Prophet (saw) to indicate that singing is makruh(disliked), but although they happen to have a (doubt) shubhah in this, they have erred. Singing was not specifically permitted for marriage ceremonies or Eid days, rather the permission is general.

The eleventh hadith gives daleel that the singing the book of Allah is Mustahab (preferred), and had singing been haram it would not have been recommended to be performed for the book of Allah.

The twelfth hadith urges singing in the book of Allah (swt).

From these discussions we come to a conclusion which does not have any shubhah (doubt), that singing is mubah (permissible), and is mandub(recommended) in marriage, and it perhaps is obligatory (fard) in Quran. After presenting these Sahih and Hasan Ahadeeth, is it correct to say that singing or listening to songs is prohibited?

The correct shari hukm is that singing is allowed and not haramin marriages and in the eids and on all occasions whether it is sung or listened to, and whether musical instruments are accompanied with it or not.

As for singing in a mixed gathering, or girls dance showing their charms, then this is haram and it is not permitted; not because of the prohibition of the singing, but rather because of what is combined with singing i.e. free mixing and dancing and display of their charms (tabarruj). And I say this in respect of singing which leads to sin or evil talk and kufrideas, like the songs which Abdul Haleem Hafiz sang (قَدَرٌ أحمقُ الخُطا). Such singing there is no doubt in its prohibition, but as for the ones other than this, they are permissible generally, and recommended in marriages, and could be obligatory for Quran, but it is absolutely incorrect to say that it is haram.

Translated by Maulana Abu Khalid al-Hejazi 

Arabic Source: مسائل فقهية مختارة