It has also been quoted in the same book (Line 31, p. 63 and it was published by the Supreme Council for Religious Affairs in the year 1390AH-1970CE edited by Ustadh Abu al-Wafa al-Maraghi): with regard to the listening of musical instruments (al-qadid and al-awtar) which are also known as taghyir or taqtaqa, there is no difference at all between listen to any one of them since we have not found any authentic or even weak evidence in form of tradition (athar) to prove whether they are permissible or prohibited. In fact the scholars of the past (the mutaqadimun) have considered listening to these musical instruments permissible since as a principle (in Islamic law) all things are considered a prior permissible until there is indisputable evidence from the sharia (Quran and sunna) to prove otherwise.
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In his Ihya ulum al-din (p.1150, vol.6, published by the Organisation for the Propagation of Islamic Culture 1356AH) al-Ghazzali included the 8th book dealing with listening, particularly musical instruments. He writes: If the instruments are devices used by people to incite others to drink and engage in vice such as wind instruments (mazamir) stringed instruments (awtar) and drums[1] (tabl al-kuba) then they will not be allowed. Apart from that, all other instruments such as the tambourine (duff) even if it has jingles or bells (jalajil), drums[2] (tabl), and others, are permitted.
A similar view has been expressed in the book al-Durr al-Mukhtar (vol.4, p.398) of al-Haskafi and in the marginal notes (hashiya) of Radd al-Mukhtar by Ibn Abidin, as well as in al-Mughni by Ibn Qudama (vol.10, p.240-242): Instruments are of three types: the first type is of those that are classified as haram and these are awtar[5], the wind instruments (mazamir), ud (flute), tanbur, al-mazifa, al-ribaab, and others. A person who frequently plays these instruments will have his testimony rejected as unreliable in court. The second type of instruments is allowed, for example the tambourine (duff) because the Prophet said: announce your marriages publicly by playing the tambourine. Recorded by Muslim in his Sahih. Our companions and those of al-Shafii mentioned that playing the tambourine on any other occasion apart from weddings is discouraged/disliked (makruh), it is also discouraged/disliked (makruh) for men to play the tambourine under any circumstances. The third type of instruments is those which are classified as makruh (disliked) when they are associated with haram acts such as erotic dance, clapping, and al-ghinaa etc. If it is not associated with such acts then it will not be makruh since they are not primarily designed for that purpose. The school of Shafii in this case hold the same view as our school.
Thus, adopting the middle ground in such cases in the best position (see al-Muwafaqat of al-Shatibi, vol.4, p.258). For this reason, we are in favour of the ruling that listening to music, attending musical gatherings, studying music of all genres and all types of instruments is allowed as long as it is not accompanied by immoral and haram acts, or used as a tool to incite people to engage in sinful behaviour, and it does not preoccupy a person away from observing the obligatory acts of worship as stated in the chapters of al-Bukhari (see Irshad al-Sari, vol. 2, p.171, the marginal notes of Sahih Muslim). In such cases, it will become haram just like sitting on the side of the road without observing the rights of the road mentioned in the hadith. We take this position because only God and then his messenger have the responsibility to declare things halal (permissible) and haram (prohibited) (see Ilam al-muwaqiin of Ibn al-Qayyim, vol. 1, p. 32). God also states, Say: Who has prohibited the embellishment of God which He has brought forth for His servants and the good provisions? Say: These are for the believers in the life of this world, purely (theirs) on the resurrection day; thus do we make the communications clear for a people who know. Say: My Lord has only prohibited indecencies, those of them that are apparent as well as those that are concealed, and sin and rebellion without justice, and that you associate with God that for which He has not sent down any authority, and that you say against God what you do not know (al-Araf: verses 32-33). Ibn Arabi states (see his Ahkam al-Quran, vol.2, p.782) that the words embellishment of God (zinat allah) in the above verse refer to the beauties of worldly life such as beautiful clothing and its other pleasures because God says, And he makes lawful to them the good things and makes unlawful to them impure things (al-Araf: verse 157). Al-Shawkani wrote (see Nayl al-awtar, vol.8, p.105) that the term good things (tayyibat) in the verse includes all types and forms of good things. The term tayyib (good thing) is usually used to refer to sources of pleasure. This is the meaning that immediately comes to mind when the term is used unless if there is textual context to suggest that this is not the intended meaning. Moreover, this term also denotes generality (umum) and that means it includes all meanings of good. Even if we were to apply it only to some and not all of its included meanings, that meanings that immediately comes to mind when the term is used would be the most suitable. Al-Izz Ibn Abd al-Salam also stated that the meaning of al-tayyibat (good things) in this verse are sources of pleasure.
We find that cUsama ibn Sharik tells: "A bedouin came to the Prophet and said, 'O, Messenger of God, can you cure?' And He said, 'Yes, for God did not send a disease without sending a cure for it, knowing it from His knowledge...'" This [ hadith] is told by Ahmad [ibn Hanbal]. There is another version: "Some bedouins said, 'O, Messenger of God, can you cure?'. And He said. 'Yes. God's servants can cure themselves, for God never gave a disease without providing a cure or a medicine for it, except for one disease.' They asked, 'O, Prophet of God, what disease is that?' He said, 'old age.'" This version is related by ibn Maja abu Da'ud, at-Tirmidhi, and others. ( Muntaqi l-Akhbar wa Sharhan nayl al-Awtar, v. 8, p. 200, and Fath al-Bari bi Sharh Sahih al-Bukhari, by al-cAsqalani[29], v. 9, p. 273, in the chapter on those who imitate women).
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