5 – Chapter Five: The Jurists’ Positions on the Prohibition of Musical Instruments

Now that we have already established the authenticity of the hadith that prohibit musical instruments and clarified the strength of their indication, it is appropriate to follow that by setting out the scholars’ and jurists’ stances—both in theory and in practice—so that the student may also become acquainted with the jurisprudential dimension of the issue. This will further expose the deviation of al-Ghazali, in his book The Prophetic Sunnah between the Jurists and the Hadith Scholars—and of everyone who treads his path—from the science of fiqh and its scholars, just as he is astray from the Sunnah and its scholars; indeed, on p. 74 he characterized all of them, out of sheer ignorance, as no more than “preachers” because they declare singing unlawful.

Imam al-Shawkani says in Nayl al-Awtar, 8/83 (abridged):

“There is a difference of opinion concerning singing, whether accompanied by an instrument of amusement or not. The majority hold it to be forbidden, basing themselves on the aforementioned hadith, while the people of Medina—and those who follow them among the literalists and some Sufis—allow listening to it even when accompanied by the lute or the reed flute.

“He then cites certain writers who attributed permissive opinions to some of the early Muslims, expanding at unnecessary length on statements that are of no benefit, for most of them are disconnected reports with neither bridle nor rein; some are contradicted by authentic reports from the same individuals, and others are doubtful in their very wording, as will be shown later.”