What is the ruling on a male student shaking hands with a female classmate? What should he do if she holds out her hand to greet him?
Praise be to Allah.
It is not permitted to study in a mixed setting with female students in one place or in one school or on one bench. This is one of the greatest causes of fitnah (temptation) and it is not permissible for a male or female student to take part in this, because of the fitnah involved. The Muslim should not shake hands with a non-mahram female, even if she holds out her hand for him to shake, and he should tell her that shaking hands with a non-mahram man is not permitted, because the Prophet (peace and blessings of Allaah be upon him) said, when accepting the allegiance (bay’ah) of women: “I do not shake hands with women.” And it was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “By Allaah, the hand of the Messenger of Allaah (peace and blessings of Allaah be upon him) never touched the hand of any (non-mahram) woman; he used to accept their allegiance in words only.” And Allaah says (interpretation of the meaning):
“Indeed in the Messenger of Allaah (Muhammad) you have a good example to follow for him who hopes for (the Meeting with) Allaah and the Last Day, and remembers Allaah much”
[al-Ahzaab 33:21]
For a woman to shake hands with someone who is not her mahram is something that may lead to temptation for both parties, so it must be avoided.
There is nothing wrong with the shar’i greeting of salaam in which there is no fitnah and no shaking hands, and which does not give rise to doubts and does not involve any softness in speech, and in which hijaab is observed and there is no being alone with a member of the opposite sex, because Allaah says (interpretation of the meaning):
“O wives of the Prophet! You are not like any other women. If you keep your duty (to Allaah), then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery) should be moved with desire, but speak in an honourable manner”
[al-Ahzaab 33:32]
At the time of the Prophet (peace and blessings of Allaah be upon him), the women used to greet him and ask him questions concerning things they did not understand, and the women also used to ask the companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) concerning things they did not understand.
With regard to a woman shaking hands with other women, or shaking hands with men who are her mahrams, such as her brothers, uncles, etc., there is nothing wrong with that.
Al-Lajnah al-Daa’imah in al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, part 3, p. 988
Is it allowable for a Muslim woman to greet a Muslim man by shaking hands?
Praise be to Allaah.
For a man to shake hands with a non-mahram woman (one to whom he is not related) is haraam and is not permitted at all. Among the evidence for this is the hadeeth of Ma’qal ibn Yassaar (may Allaah be pleased with him) who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘If one of you were to be struck in the head with an iron needle, it would be better for him than if he were to touch a woman he is not allowed to.” (Reported by al-Tabaraani; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 5045).
There is no doubt that for a man to touch a non-mahram woman is one of the causes of fitnah (turmoil, temptation), provocation of desire and committing haraam deeds. No one should say that their intention is sound or their heart is clean, because the one who was the purest of heart and the most chaste of all, the Messenger of Allaah (peace and blessings of Allaah be upon him) never touched a non-mahram woman, even when accepting bay’ah (oath of allegiance) from women. He did not hold their hands when accepting their bay’ah, as he did with men; their bay’ah was by words only, as was reported by his wife ‘Aa’ishah (may Allaah be pleased with her). She said that the Messenger of Allaah (peace and blessings of Allaah be upon him) would test the believing women who emigrated to him with the aayah (interpretation of the meaning): “O Prophet! When believeing women come to you to give you the bay’ah (pledge), that they will not associate anything in worship with Allaah, that they will not steal, that they will not commit illegal sexual intercourse, that they will not kill their children, that they will not utter slander, intentionally forging falsehood (i.e., by making illegal children belong to their husbands), and that thye will not disobey you in any ma’ruf (Islamic monotheism and all that which Islam ordains), then accept their bay’ah and ask Allaah to forgive them. Verily Allaah is Oft-Forgiving, Most Merciful.” [al-Mumtahinah 60:12] ‘Aa’ishah said: “So whoever of the believing women agreed to these conditions, the Messenger of Allaah (peace and blessings of Allaah be upon him) would say to her: ‘I have accepted your bay’ah by words.’ By Allaah, his hand never touched the hand of any woman when accepting their bay’ah; he accepted their bay’ah by saying ‘I have accepted your bay’ah on this basis.’”
(Reported by al-Bukhaari, 4512; according to another report: he accepted their bay’ah by words… the hand of the Messenger of Allaah (peace and blessings of Allaah be upon him) never touched the hand of any woman except a woman he owned . Reported by al-Bukhaari, 6674).
Some Muslims feel too embarrassed to refuse when a woman offers her hand to them. In addition to mixing with women, some of them claim that they are forced to shake hands with fellow-students and teachers in schools and universities, or with colleagues in the workplace, or in business meetings and so on, but this is not an acceptable excuse. The Muslim should overcome his own feelings and the promptings of the Shaytaan, and be strong in his faith, because Allaah is not ashamed of the truth. The Muslim could apologize politely and explain that the reason he does not want to shake hands is not to offend or hurt anybody’s feelings, but it is because he is following the teachings of his religion. In most cases this will earn him respect from others. There is no harm done if they find it strange at first, and it may even be a practical opportunity for da’wah. And Allaah knows best.
Ma’aazif is the plural of mi’zafah, and refers to musical instruments (Fath al-Baari, 10/55), instruments which are played (al-Majmoo’, 11/577). Al-Qurtubi (may Allaah have mercy on him) narrated from al-Jawhari (may Allaah have mercy on him) that ma’aazif means singing. In his Sihaah it says that it means musical instruments. It was also said that it refers to the sound of the instruments. In al-Hawaashi by al-Dimyaati (may Allaah have mercy on him) it says: ma’aazif means drums (dufoof, sing. daff) and other instruments which are struck or beaten (Fath al-Baari, 10/55).
Evidence of prohibition in the Qur’aan and Sunnah:
Allaah says in Soorat Luqmaan (interpretation of the meaning):
“And of mankind is he who purchases idle talks (i.e. music, singing) to mislead (men) from the path of Allaah…” [Luqmaan 31:6]
The scholar of the ummah, Ibn ‘Abbaas (may Allaah be pleased with him) said: this means singing. Mujaahid (may Allaah have mercy on him) said: this means playing the drum (tabl). (Tafseer al-Tabari, 21/40).
Al-Hasan al-Basri (may Allaah have mercy on him) said: this aayah was revealed concerning singing and musical instruments (lit. woodwind instruments). (Tafseer Ibn Katheer, 3/451).
Al-Sa’di (may Allaah have mercy on him) said: this includes all manner of haraam speech, all idle talk and falsehood, and all nonsense that encourages kufr and disobedience; the words of those who say things to refute the truth and argue in support of falsehood to defeat the truth; and backbiting, slander, lies, insults and curses; the singing and musical instruments of the Shaytaan; and musical instruments which are of no spiritual or worldly benefit. (Tafseer al-Sa’di, 6/150)
Ibn al-Qayyim (may Allaah have mercy on him) said: The interpretation of the Sahaabah and Taabi’in, that ‘idle talk’ refers to singing, is sufficient. This was reported with saheeh isnaads from Ibn ‘Abbaas and Ibn Mas’ood. Abu’l-Sahbaa’ said: I asked Ibn Mas’ood about the aayah (interpretation of the meaning), ‘“And of mankind is he who purchases idle talks’ [Luqmaan 31:6]. He said: By Allaah, besides Whom there is no other god, this means singing – and he repeated it three times. It was also reported with a saheeh isnaad from Ibn ‘Umar (may Allaah be pleased with them both) that this means singing. There is no contradiction between the interpretation of “idle talk” as meaning singing and the interpretation of it as meaning stories of the Persians and their kings, and the kings of the Romans, and so on, such as al-Nadr ibn al-Haarith used to tell to the people of Makkah to distract them from the Qur’aan. Both of them are idle talk. Hence Ibn ‘Abbaas said: “Idle talk” is falsehood and singing. Some of the Sahaabah said one and some said the other, and some said both. Singing is worse and more harmful than stories of kings, because it leads to zinaa and makes hypocrisy grow (in the heart); it is the trap of the Shaytaan, and it clouds the mind. The way in which it blocks people from the Qur’aan is worse than the way in which other kinds of false talk block them, because people are naturally inclined towards it and tend to want to listen to it. The aayaat condemn replacing the Qur’aan with idle talk in order to mislead (men) from the path of Allaah without knowledge and taking it as a joke, because when an aayah of the Qur’aan is recited to such a person, he turns his back as if he heard them not, as if there were deafness in his ear. If he hears anything of it, he makes fun of it. All of this happens only in the case of the people who are most stubbornly kaafirs and if some of it happens to singers and those who listen to them, they both have a share of this blame. (Ighaathat al-Lahfaan, 1/258-259).
Allaah says (interpretation of the meaning):
“[Allaah said to Iblees:] And befool them gradually those whom you can among them with your voice (i.e. songs, music, and any other call for Allaah’s disobedience)…” [al-Israa’ 17:64]
It was narrated that Mujaahid (may Allaah have mercy on him) said: “And befool them gradually those whom you can among them with your voice” – his voice [the voice of Iblees/Shaytaan] is singing and falsehood. Ibn al-Qayyim (may Allaah have mercy on him) said: This idaafah [possessive or genitive construction, i.e., your voice] serves to make the meaning specific, as with the phrases [translated as] “your cavalry” and “your infantry” [later in the same aayah]. Everyone who speaks in any way that is not obedient to Allaah, everyone who blows into a flute or other woodwind instrument, or who plays any haraam kind of drum, this is the voice of the Shaytaan. Everyone who walks to commit some act of disobedience towards Allaah is part of his [the Shaytaan’s] infantry, and anyone who rides to commit sin is part of his cavalry. This is the view of the Salaf, as Ibn ‘Abi Haatim narrated from Ibn ‘Abbaas: his infantry is everyone who walks to disobey Allaah. (Ighaathat al-Lahfaan).
Allaah says (interpretation of the meaning):
“Do you then wonder at this recitation (the Qur’aan)?
And you laugh at it and weep not,
Wasting your (precious) lifetime in pastime and amusements (singing)”
[al-Najm 53:59-61]
‘Ikrimah (may Allaah have mercy on him) said: it was narrated from Ibn ‘Abbaas that al-sumood [verbal noun from saamidoon, translated here as “Wasting your (precious) lifetime in pastime and amusements (singing)”] means “singing”, in the dialect of Himyar; it might be said “Ismidi lanaa” [‘sing for us’ – from the same root as saamidoon/sumood] meaning “ghaniy” [sing]. And he said (may Allaah have mercy on him): When they [the kuffaar] heard the Qur’aan, they would sing, then this aayah was revealed.
Ibn Katheer (may Allaah have mercy on him) said: Allaah says (interpretation of the meaning) “Wasting your (precious) lifetime in pastime and amusements (singing)” – Sufyaan al-Thawri said, narrating from his father from Ibn ‘Abbaas: (this means) singing. This is Yemeni (dialect): ismad lana means ghan lana [sing to us]. This was also the view of ‘Ikrimah. (Tafseer Ibn Katheer).
It was reported from Abu Umaamah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Do not sell singing slave women, do not buy them and do not teach them. There is nothing good in this trade, and their price is haraam. Concerning such things as this the aayah was revealed (interpretation of the meaning): ‘And of mankind is he who purchases idle talks (i.e. music, singing) to mislead (men) from the path of Allaah…’ [Luqmaan 31:6].” (Hasan hadeeth)
The Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Among my ummah there will certainly be people who permit zinaa, silk, alcohol and musical instruments…” (Narrated by al-Bukhaari ta’leeqan, no. 5590; narrated as mawsool by al-Tabaraani and al-Bayhaqi. See al-Silsilah al-Saheehah by al-Albaani, 91).
Ibn al-Qayyim (may Allaah have mercy on him) said: This is a saheeh hadeeth narrated by al-Bukhaari in his Saheeh, where he quoted it as evidence and stated that it is mu’allaq and majzoom. He said: Chapter on what was narrated concerning those who permit alcohol and call it by another name.
This hadeeth indicates in two ways that musical instruments and enjoyment of listening to music are haraam. The first is the fact that the Prophet (peace and blessings of Allaah be upon him) said: “[they] permit” which clearly indicates that the things mentioned, including musical instruments, are haraam according to sharee’ah, but those people will permit them. The second is the fact that musical instruments are mentioned alongside things which are definitely known to be haraam, i.e., zinaa and alcohol: if they (musical instruments) were not haraam, why would they be mentioned alongside these things? (adapted from al-Silsilah al-Saheehah by al-Albaani, 1/140-141)
Shaykh al-Islam (Ibn Taymiyah) (may Allaah have mercy on him) said: This hadeeth indicates that ma’aazif are haraam, and ma’aazif means musical instruments according to the scholars of (Arabic) language. This word includes all such instruments. (al-Majmoo’, 11/535).
Ibn al-Qayyim (may Allaah have mercy on him) said: And concerning the same topic similar comments were narrated from Sahl ibn Sa’d al-Saa’idi, ‘Imraan ibn Husayn, ‘Abd-Allaah ibn ‘Amr, ‘Abd-Allaah ibn ‘Abbaas, Abu Hurayrah, Abu Umaamah al-Baahili, ‘Aa’ishah Umm al-Mu’mineen, ‘Ali ibn Abi Taalib, Anas ibn Maalik, ‘Abd al-Rahmaan ibn Saabit and al-Ghaazi ibn Rabee’ah. Then he mentioned it in Ighaathat al-Lahfaan, and it indicates that they (musical instruments) are haraam.
It was narrated that Naafi’ (may Allaah have mercy on him) said: Ibn ‘Umar heard a woodwind instrument, and he put his fingers in his ears and kept away from that path. He said to me, O Naafi’, can you hear anything? I said, No. So he took his fingers away from his ears and said: I was with the Prophet (peace and blessings of Allaah be upon him) and he heard something like this, and he did the same thing. (Saheeh Abi Dawood). Some insignificant person said that this hadeeth does not prove that musical instruments are haraam, because if that were so, the Messenger of Allaah (peace and blessings of Allaah be upon him) would have instructed Ibn ‘Umar (may Allaah be pleased with them both) to put his fingers in his ears as well, and Ibn ‘Umar would have instructed Naafi’ to do likewise! The response to this is: He was not listening to it, but he could hear it. There is a difference between listening and hearing. Shaykh al-Islam (Ibn Taymiyah) (may Allaah have mercy on him) said: Concerning (music) which a person does not intend to listen to, there is no prohibition or blame, according to scholarly consensus. Hence blame or praise is connected to listening, not to hearing. The one who listens to the Qur’aan will be rewarded for it, whereas the one who hears it without intending or wanting to will not be rewarded for that, because actions are judged by intentions. The same applies to musical instruments which are forbidden: if a person hears them without intending to, that does not matter. (al-Majmoo’, 10/78).
Ibn Qudaamah al-Maqdisi (may Allaah have mercy on him) said: the listener is the one who intends to hear, which was not the case with Ibn ‘Umar (may Allaah be pleased with them both); what happened in his case was hearing. The Prophet (peace and blessings of Allaah be upon him) needed to know when the sound stopped because he had moved away from that path and blocked his ears. So he did not want to go back to that path or unblock his ears until the noise had stopped, so when he allowed Ibn ‘Umar to continue hearing it, this was because of necessity. (al-Mughni, 10/173)
(Even though the hearing referred to in the comments of the two imaams is makrooh, it was permitted because of necessity, as we will see below in the comments of Imaam Maalik (may Allaah have mercy on him). And Allaah knows best).
The views of the scholars (imaams) of Islam
Al-Qaasim (may Allaah have mercy on him) said: Singing is part of falsehood. Al-Hasan (may Allaah have mercy on him) said: if there is music involved in a dinner invitation (waleemah), do not accept the invitation (al-Jaami by al-Qayrawaani, p. 262-263).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: The view of the four Imaams is that all kinds of musical instruments are haraam. It was reported in Saheeh al-Bukhaari and elsewhere that the Prophet (peace and blessings of Allaah be upon him) said that there would be among his ummah those who would allow zinaa, silk, alcohol and musical instruments, and he said that they would be transformed into monkeys and pigs… None of the followers of the imaams mentioned any dispute concerning the matter of music. (al-Majmoo’, 11/576).
Al-Albaani (may Allaah have mercy on him) said: The four madhhabs are agreed that all musical instruments are haraam. (al-Saheehah, 1/145).
Ibn al-Qayyim (may Allaah have mercy on him) said: The madhhab of Abu Haneefah is the strictest in this regard, and his comments are among the harshest. His companions clearly stated that it is haraam to listen to all musical instruments such as the flute and the drum, even tapping a stick. They stated that it is a sin which implies that a person is a faasiq (rebellious evil doer) whose testimony should be rejected. They went further than that and said that listening to music is fisq (rebellion, evildoing) and enjoying it is kufr (disbelief). This is their words. They narrated in support of that a hadeeth which could not be attributed to the Prophet (peace and blessings of Allaah be upon him). They said: he should try not to hear it if he passes by it or it is in his vicinity. Abu Yoosuf said, concerning a house from which could be heard the sound of musical instruments: Go in without their permission, because forbidding evil actions is obligatory, and if it were not allowed to enter without permission, people could not have fulfilled the obligatory duty (of enjoining what is good and forbidding what is evil). (Ighaathat al-Lahfaan, 1/425).
Imaam Maalik (may Allaah have mercy on him) was asked about playing the drum or flute, if a person happens to hear the sound and enjoy it whilst he is walking or sitting. He said: He should get up if he finds that he enjoys it, unless he is sitting down for a need or is unable to get up. If he is on the road, he should either go back or move on. (al-Jaami’ by al-Qayrawaani, 262). He (may Allaah have mercy on him) said: “The only people who do things like that, in our view, are faasiqs.” (Tafseer al-Qurtubi, 14/55).
Ibn ‘Abd al-Barr (may Allaah have mercy on him) said: Among the types of earnings which are haraam by scholarly consensus are ribaa, the fee of a prostitute, anything forbidden, bribes, payment for wailing over the dead and singing, payments to fortune-tellers and those who claim to know the unseen and astrologers, payments for playing flutes, and all kinds of gambling. (al-Kaafi).
Ibn al-Qayyim (may Allaah have mercy on him) said, explaining the view of Imaam al-Shaafa'i: His companions who know his madhhab (point of view) stated that it is haraam and denounced those who said that he permitted it. (Ighaathat al-Lahfaan, 1/425).
The author of Kifaayat al-Akhbaar, who was one of the Shaafa’is, counted musical instruments such as flutes and others, as being munkar (evil), and the one who is present (where they are being played) should denounce them. (He cannot be excused by the fact that there are bad scholars, because they are corrupting the sharee’ah, or evil faqeers – meaning the Sufis, because they call themselves fuqaraa’ or faqeers – because they are ignorant and follow anyone who makes noise; they are not guided by the light of knowledge; rather they are blown about by every wind. (Kifaayat al-Akhbaar, 2/128).
Ibn al-Qayyim (may Allaah have mercy on him) said: With regard to the view of Imaam Ahmad, his son ‘Abd-Allaah said: I asked my father about singing. He said: Singing makes hypocrisy grow in the heart; I do not like it. Then he mentioned the words of Maalik: the evildoers (faasiqs) among us do that. (Ighaathat al-Lahfaan).
Ibn Qudaamah, the researcher of the Hanbali madhhab – (may Allaah have mercy on him) said: Musical instruments are of three types which are haraam. These are the strings and all kinds of flute, and the lute, drum and rabaab (stringed instrument) and so on. Whoever persists in listening to them, his testimony should be rejected. (al-Mughni, 10/173). And he said (may Allaah have mercy on him); If a person is invited to a gathering in which there is something objectionable, such as wine and musical instruments, and he is able to denounce it, then he should attend and speak out against it, because then he will be combining two obligatory duties. If he is not able to do that, then he should not attend. (al-Kaafi, 3/118)
Al-Tabari (may Allaah have mercy on him) said: The scholars of all regions are agreed that singing is makrooh and should be prevented. Although Ibraaheem ibn Sa’d and ‘Ubayd-Allaah al-‘Anbari differed from the majority, (it should be noted that) the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Adhere to the majority.” And whoever dies differing from the majority, dies as a jaahili. (Tafseer al-Qurtubi, 14/56). In earlier generations, the word “makrooh” was used to mean haraam, then it took on the meaning of “disliked”. But this is to be understood as meaning that it is forbidden, because he [al-Tabari] said “it should be prevented”, and nothing is to be prevented except that which is haraam; and because in the two hadeeths quoted, music is denounced in the strongest terms. Al-Qurtubi (may Allaah have mercy on him) is the one who narrated this report, then he said: Abu’l-Faraj and al-Qaffaal among our companions said: the testimony of the singer and the dancer is not to be accepted. I say: if it is proven that this matter is not permissible, then accepting payment for it is not permissible either.
Shaykh al-Fawzaan (may Allaah preserve him) said: What Ibraaheem ibn Sa’d and ‘Ubayd-Allaah al-‘Anbari said about singing is not like the kind of singing that is known nowadays, for they would never have allowed this kind of singing which is the utmost in immorality and obscenity. (al-I’laam)
Ibn Taymiyah (may Allaah have mercy on him) said: It is not permissible to make musical instruments. (al-Majmoo’, 22/140). And he said: According to the majority of fuqahaa’, it is permissible to destroy musical instruments, such as the tanboor [a stringed instrument similar to a mandolin]. This is the view of Maalik and is the more famous of the two views narrated from Ahmad. (al-Majmoo’, 28/113). And he said: …Ibn al-Mundhir mentioned that the scholars were agreed that it is not permissible to pay people to sing and wail… the consensus of all the scholars whose views we have learned about is that wailing and singing are not allowed. Al-Shu’bi, al-Nakha’i and Maalik regarded that as makrooh [i.e., haraam]. Abu Thawr, al-Nu’maan – Abu Haneefah (may Allaah have mercy on him) – and Ya’qoob and Muhammad, two of the students of Abu Haneefah said: it is not permissible to pay anything for singing and wailing. This is our view. And he said: musical instruments are the wine of the soul, and what it does to the soul is worse than what intoxicating drinks do. (Majmoo’ al-Fataawa, 10/417).
Ibn Abi Shaybah (may Allaah have mercy on him) reported that a man broke a mandolin belonging to another man, and the latter took his case to Shurayh. But Shurayh did not award him any compensation – i.e., he did not make the first man pay the cost of the mandolin, because it was haraam and had no value. (al-Musannaf, 5/395).
Al-Baghawi (may Allaah have mercy on him) stated in a fatwa that it is haraam to sell all kinds of musical instruments such as mandolins, flutes, etc. Then he said: If the images are erased and the musical instruments are altered, then it is permissible to sell their parts, whether they are silver, iron, wood or whatever. (Sharh al-Sunnah, 8/28)
An appropriate exception
The exception to the above is the daff – without any rings (i.e., a hand-drum which looks like a tambourine, but without any rattles) – when used by women on Eids and at weddings. This is indicated by saheeh reports. Shaykh al-Islam (may Allaah have mercy on him) said: But the Prophet (peace and blessings of Allaah be upon him) made allowances for certain types of musical instruments at weddings and the like, and he made allowances for women to play the daff at weddings and on other joyful occasions. But the men at his time did not play the daff or clap with their hands. It was narrated in al-Saheeh that he said: “Clapping is for women and tasbeeh (saying Subhaan Allaah) is for men.” And he cursed women who imitate men and men who imitate women. Because singing and playing the daff are things that women do, the Salaf used to call any man who did that a mukhannath (effeminate man), and they used to call male singers effeminate – and how many of them there are nowadays! It is well known that the Salaf said this.
In a similar vein is the hadeeth of ‘Aa’ishah (may Allaah be pleased with her), when her father (may Allaah be pleased with him) entered upon her at the time of Eid, and there were two young girls with her who were singing the verses that the Ansaar had said on the day of Bu’aath – and any sensible person will know what people say about war. Abu Bakr (may Allaah be pleased with him) said: “Musical instruments of the Shaytaan in the house of the Messenger of Allaah (peace and blessings of Allaah be upon him)!” The Messenger of Allaah had turned away from them and was facing the wall – hence some scholars said that Abu Bakr (may Allaah be pleased with him) would not tell anybody off in front of the Messenger of Allaah (peace and blessings of Allaah be upon him), but he thought that the Messenger of Allaah (peace and blessings of Allaah be upon him) was not paying attention to what was happening. And Allaah knows best. He (the Prophet (peace and blessings of Allaah be upon him)) said: “Leave them alone, O Abu Bakr, for every nation has its Eid, and this is our Eid, the people of Islam.” This hadeeth shows that it was not the habit of the Prophet (peace and blessings of Allaah be upon him) and his companions to gather to listen to singing, hence Abu Bakr al-Siddeeq called it “the musical instruments of the Shaytaan”. And the Prophet (peace and blessings of Allaah be upon him) approved of this appellation and did not deny it when he said, “Leave them alone, for every nation has its Eid and this is our Eid.” This indicates that the reason why this was permitted was because it was the time of Eid, and the prohibition remained in effect at times other than Eid, apart from the exceptions made for weddings in other ahaadeeth. Shaykh al-Albaani explained this in his valuable book Tahreem Aalaat al-Tarab (the Prohibition of Musical Instruments). The Prophet (peace and blessings of Allaah be upon him) approved of young girls singing at Eid, as stated in the hadeeth: “So that the mushrikeen will know that in our religion there is room for relaxation.” There is no indication in the hadeeth about the two young girls that the Prophet (peace and blessings of Allaah be upon him) was listening to them. The commands and prohibitions have to do with listening, not merely hearing, just as in the case of seeing, the rules have to do with intentionally looking and not what happens by accident. So it is clear that this is for women only. Imaam Abu ‘Ubayd (may Allaah have mercy on him) defined the daff as “that which is played by women.” (Ghareeb al-Hadeeth, 3/64).
An inappropriate exception
Some of them make an exception for drums at times of war, and consequentially some modern scholars have said that military music is allowed. But there is no basis for this at all, for a number of reasons, the first of which is that this is making an exception with no clear evidence, apart from mere opinion and thinking that it is good, and this is wrong. The second reason is that what the Muslims should do at times of war is to turn their hearts towards their Lord. Allaah says (interpretation of the meaning):
“They ask you (O Muhammad) about the spoils of war. Say: ‘The spoils are for Allaah and the Messenger.’ So fear Allaah and adjust all matters of difference among you…” [al-Anfaal 8:1]. But using music is the opposite of this idea of taqwa and it would distract them from remembering their Lord. Thirdly, using music is one of the customs of the kuffaar, and it is not permitted to imitate them, especially with regard to something that Allaah has forbidden to us in general, such as music. (al-Saheehah, 1/145)
“No people go astray after having been guided except they developed arguments amongst themselves.” (Saheeh)
Some of them used the hadeeth about the Abyssinians playing in the mosque of the Prophet (peace and blessings of Allaah be upon him) as evidence that singing is allowed! Al-Bukhaari included this hadeeth in his Saheeh under the heading Baab al-Hiraab wa’l-Daraq Yawm al-‘Eid (Chapter on Spears and Shields on the Day of Eid). Al-Nawawi (may Allaah have mercy on him) said: This indicates that it is permissible to play with weapons and the like in the mosque, and he applied that to other activities connected with jihaad. (Sharh Muslim). But as al-Haafiz ibn Hajar (may Allaah have mercy on him) said: whoever speaks about something which is not his profession will come up with weird ideas such as these.
Some of them use as evidence the hadeeth about the singing of the two young girls, which we have discussed above, but we will quote what Ibn al-Qayyim (may Allaah have mercy on him) said, because it is valuable:
I am amazed that you quote as evidence for allowing listening to sophisticated songs the report which we mentioned about how two young girls who were below the age of puberty sang to a young woman on the day of Eid some verses of Arab poetry about bravery in war and other noble characteristics. How can you compare this to that? What is strange is that this hadeeth is one of the strongest proofs against them. The greatest speaker of the truth [Abu Bakr al-Siddeeq] called them musical instruments of the Shaytaan, and the Messenger of Allaah (peace and blessings of Allaah be upon him) approved of that appellation, but he made an exception in the case of these two young girls who had not yet reached the age of responsibility and the words of whose songs could not corrupt anyone who listened to them. Can this be used as evidence to allow what you do and what you know of listening (to music) which includes (bad) things which are not hidden?! Subhaan Allaah! How people can be led astray! (Madaarij al-Saalikeen, 1/493).
Ibn al-Jawzi (may Allaah have mercy on him) said: ‘Aa’ishah (may Allaah be pleased with her) was young at that time; nothing was transmitted from her after she reached the age of puberty except condemnation of singing. Her brother’s son, al-Qaasim ibn Muhammad, condemned singing and said that it was not allowed to listen to it, and he took his knowledge from her. (Talbees Iblees, 229). Al-Haafiz ibn Hajar (may Allaah have mercy on him) said: A group of the Sufis used this hadeeth – the hadeeth about the two young girls – as evidence that singing is allowed and it is allowed to listen to it, whether it is accompanied by instruments or not. This view is sufficiently refuted by the clear statement of ‘Aa’ishah in the following hadeeth, where she says, “They were not singers.” She made it clear that they were not singers as such, although this may be understood from the wording of the report. So we should limit it to what was narrated in the text as regards the occasion and the manner, so as to reduce the risk of going against the principle, i.e., the hadeeth. And Allaah knows best. (Fath al-Baari, 2/442-443).
Some people even have the nerve to suggest that the Sahaabah and Taabi’een listened to singing, and that they saw nothing wrong with it!
Al-Fawzaan (may Allaah preserve him) said: We demand them to show us saheeh isnaads going back to these Sahaabah and Taabi’een, proving what they attribute to them. Then he said: Imaam Muslim mentioned in his introduction to his Saheeh that ‘Abd-Allaah ibn al-Mubaarak said: The isnaad is part of religion. Were it not for the isnaad, whoever wanted to could say whatever he wanted to.
Some of them said that the ahaadeeth which forbid music are full of faults. No hadeeth was free of being criticized by some of the scholars. Ibn Baaz (may Allaah have mercy on him) said: The ahaadeeth which were narrated concerning music being haraam are not full of faults as has been claimed. Some of them are in Saheeh al-Bukhaari which is the soundest of books after the Book of Allaah, and some of them are hasan and some are da’eef. But because they are so many, with different isnaads, they constitute definitive proof that singing and musical instruments are haraam.
All the imaams agreed on the soundness of the ahaadeeth which forbid singing and musical instruments, apart from Abu Haamid al-Ghazzaali, but al-Ghazzaali did not have knowledge of hadeeth; and Ibn Hazam, but al-Albaani (may Allaah have mercy on him) explained where Ibn Hazam went wrong, and Ibn Hazam himself said that if any of (these ahaadeeth) were saheeh, he would follow that. But now they have proof that these reports are saheeh because there are so many books by the scholars which state that these ahaadeeth are saheeh, but they turn their backs on that. They are far more extreme than Ibn Hazam and they are nothing like him, for they are not qualified and cannot be referred to.
Some of them said that the scholars forbade singing because it is mentioned alongside gatherings in which alcohol is drunk and where people stay up late at night for evil purposes.
Al-Shawkaani (may Allaah have mercy on him) said: The response to this is that mentioning these things in conjunction does not only mean that what is haraam is what is joined together in this manner. Otherwise this would mean that zinaa, as mentioned in the ahaadeeth, is not haraam unless it is accompanied by alcohol and the use of musical instruments. By the same token, an aayah such as the following (interpretation of the meaning):
“Verily, he used not to believe in Allaah, the Most Great,
And urged not on the feeding of Al‑Miskeen (the poor).”
[al-Haaqqah 69:33-34]
would imply that it is not haraam to disbelieve in Allaah unless that is accompanied by not encouraging the feeding of the poor. If it is said that the prohibition of such things one at a time is proven from other reports, the response to that is that the prohibition of musical instruments is also known from other evidence, as mentioned above. (Nayl al-Awtaar, 8/107).
Some of them said that “idle talk” does not refer to singing; the refutation of that has been mentioned above. Al-Qurtubi (may Allaah have mercy on him) said: This – the view that it means singing – is the best that has been said concerning this aayah, and Ibn Mas’ood swore three times by Allaah besides Whom there is no other god, that it does refer to singing. Then he mentioned other imaams who said the same thing. Then he mentioned other views concerning the matter. Then he said: The first view is the best of all that has been said on this matter, because of the marfoo’ hadeeth, and because of the view of the Sahaabah and the Taabi’een. (Tafseer al-Qurtubi).
Ibn al-Qayyim (may Allaah have mercy on him), after quoting this Tafseer, said: Al-Haakim Abu ‘Abd-Allaah said in the Tafseer of Kitaab al-Mustadrak: Let the one who is seeking this knowledge know that the Tafseer of a Sahaabi who witnessed the revelation is a hadeeth with isnaad according to the two Shaykhs (al-Bukhaari and Muslim). Elsewhere in his book, he said: In our view this hadeeth has the same strength as a marfoo’ report. Although their tafseer is still subject to further examination, it is still more readily acceptable than the tafseer of those who came after them, because they are the most knowledgeable among this ummah of what Allaah meant in his Book. It was revealed among them and they were the first people to be addressed by it. They heard the tafseer from the Messenger (peace and blessings of Allaah be upon him) in word and in deed. And they were Arabs who understood the true meanings of (Arabic) words, so Muslims should avoid resorting to any other interpretation as much as possible.
Some of them said that singing is a form of worship if the intention is for it to help one to obey Allaah!
Ibn al-Qayyim (may Allaah have mercy on him) said: How strange! What type of faith, light, insight, guidance and knowledge can be gained from listening to tuneful verses and music in which most of what is said is haraam and deserves the wrath and punishment of Allaah and His Messenger? … How can anyone who has the least amount of insight and faith in his heart draw near to Allaah and increase his faith by enjoying something which is hated by Him, and He detests the one who says it and the one who accepts it? (Madaarij al-Saalikeen, 1/485)
Shaykh al-Islam said, discussing the state of the person who has gotten used to listening to singing: Hence you find that those who have gotten used to it and for whom it is like food and drink will never have the desire to listen to the Qur’aan or feel joy when they hear it, and they never find in listening to its verses the same feeling that they find when listening to poetry. Indeed, if they hear the Qur’aan, they hear it with an inattentive heart and talk whilst it is being recited, but if they hear whistling and clapping of hands, they lower their voices and keep still, and pay attention. (Majmoo’ al-Fataawa, 11/557 ff)
Some say that music and musical instruments have the effect of softening people’s hearts and creating gentle feelings. This is not true, because it provokes physical desires and whims. If it really did what they say, it would have softened the hearts of the musicians and made their attitude and behaviour better, but most of them, as we know, are astray and behave badly.
Conclusion
Perhaps – for fair-minded and objective readers – this summary will make it clear that the view that music is permissible has no firm basis. There are no two views on this matter. So we must advise in the best manner, and then take it step by step and denounce music, if we are able to do so. We should not be deceived by the fame of a man in our own times in which the people who are truly committed to Islam have become strangers. The one who says that singing and musical instruments are permitted is simply supporting the whims of people nowadays, as if the masses were issuing fatwas and he is simply signing them! If a matter arises, they will look at the views of fuqahaa’ on this matter, then they will take the easiest view, as they claim. Then they will look for evidence, or just specious arguments which are worth no more than a lump of dead meat. How often have these people approved things in the name of sharee’ah which in fact have nothing to do with Islam!
Strive to learn your Islam from the Book of your Lord and the Sunnah of your Prophet. Do not say, So-and-so said, for you cannot learn the truth only from men. Learn the truth and then measure people against it. This should be enough for the one who controls his whims and submits himself to his Lord. May what we have written above heal the hearts of the believers and dispel the whispers in the hearts of those who are stricken with insinuating whispers. May it expose everyone who is deviating from the path of Revelation and taking the easiest options, thinking that he has come up with something which none of the earlier generations ever achieved, and speaking about Allaah without knowledge. They sought to avoid fisq (evildoing) and ended up committing bid’ah – may Allaah not bless them in it. It would have been better for them to follow the path of the believers.
And Allaah knows best. May Allaah bless and grant peace to His Messenger who made clear the path of the believers, and to his companions and those who follow them in truth until the Day of Judgement.
Summary of a paper entitled al-Darb bi’l-Nawa li man abaaha al-Ma’aazif li’l-Hawa by Shaykh Sa’d al-Deen ibn Muhammad al-Kibbi.
For more information, please see:
Al-I’laam bi Naqd Kitaab al-Halaal wa’l-Haraam, by Shaykh al-‘Allaamah Saalih ibn Fawzaan al-Fawzaan
Al-Samaa’ by Shaykh al-Islam Ibn al-Qayyim
Tahreem Aalaat al-Tarab, by Shaykh Muhammad Naasir al-Deen al-Albaani (may Allaah have mercy on him)
What is the Ruling on masturbation and how to cure the problem???
Praise be to Allaah. Masturbation (for both men and women) is haraam (forbidden) in Islam based on the following evidence: First from the Qur’aan: Imam Shafi’i stated that masturbation is forbidden based on the following verses from the Qur’aan (interpretation of the meaning): "And those who guard their chastity (i.e. private parts, from illegal sexual acts). Except from their wives or (the captives and slaves) that their right hands possess, - for them, they are free from blame. But whoever seeks beyond that, then those are the transgressors." 23.5-7
Here the verses are clear in forbidding all illegal sexual acts (including masturbation) except for the wives or that their right hand possess. And whoever seeks beyond that is the transgressor. "And let those who find not the financial means for marriage keep themselves chaste, until Allah enriches them of His bounty." 24.33. This verse also clearly orders whoever does not have the financial means to marry to keep himself chaste and be patient in facing temptations (including masturbation) until Allah enriches them of His bounty. Secondly, from the sunnah of the Prophet (peace be upon him): Abdullaah ibn Mas’ood said,"We were with the Prophet while we were young and had no wealth whatsoever. So Allaah’s Messenger said, "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power." Bukhari:5066. The hadeeth orders men who are not able to marry to fast despite the hardship encountered in doing so, and not to masturbate despite the ease with which it can be done. There are additional evidences that can be cited to support this ruling on masturbation, but due to the limited space we will not go through them here. Allaah knows what is best and most correct. As for curing the habit of masturbation, we recommend the following suggestions: 1) The motive to seek a cure for this problem should be solely following Allaah’s orders and fearing His punishment. 2) A permanent and quick cure from this problem lies in marriage as soon as the person is able, as shown in the Prophet’s hadeeth. 3) Keeping oneself busy with what is good for this world and the hereafter is essential in breaking this habit before it becomes second nature after which it is very difficult to rid oneself of it. 4) Lowering the gaze (from looking at forbidden things such as pictures, movies etc.) will help suppress the desire before it leads one to commit the haraam (forbidden). Allaah orders men and women to lower their gaze as shown in the following two verses and in the Prophet’s hadeeth (interpretations of the meanings): "Tell the believing men to lower their gaze (from looking at forbidden things) and protect their private parts (from illegal sexual acts, etc.). That is purer for them. Verily, Allah is all-aware of what they do. And tell the believing women to lower their gaze (from looking at forbidden things) and protect their private parts (from illegal sexual acts, etc.) ..... " 24.30-31 Allaah’s messenger said: "Do not follow a casual (unintentional) look (at forbidden things) with another look." Al-Tirmidhi 2777. This is a general instruction by the Prophet to abstain from all that may sexually excite a person because it might lead him/her to commit the haraam (forbidden). 5) Using one’s available leisure time in worshipping Allaah and increasing religious knowledge. 6) Being cautious not to develop any of the medical symptoms that may result from masturbation such as weak eyesight, weak nervous system, and/or back pain. More importantly, feeling of guilt and anxiety that can be complicated by missing obligatory prayers because of the need to shower (ghusl) after every incidence of masturbation. 7) Avoiding the illusion that some youth have that masturbation is permissible because it prevents them from committing illegal sexual acts such as fornication or even homosexuality. 8) Strengthening one’s willpower and avoiding spending time alone as recommended by the Prophet when he said "Do not spend the night alone" Ahmad 6919. 9) Following the Prophet’s aforementioned hadeeth and fast when possible, because fasting will temper one’s sexual desire and keep it under control. However, one should not overreact and swear by Allaah not to return to the act because if one does not honor one’s promise, one would be facing the consequences of not living up to one’s oath to Allaah. Also, note that medication to diminish one’s sexual desire is strictly prohibited because it might permanently affect one’s sexual ability. 10) Trying to follow the Prophet’s recommendation concerning the etiquette of getting ready for bed, such as reading well-known supplications, sleeping on the right side, and avoiding sleeping on the belly (the Prophet forbade sleeping on the belly). 11) Striving hard to be patient and chaste, because persistence will eventually, Allaah willing, lead to attaining those qualities as second nature, as the Prophet explains in the following Hadith "Whoever seeks chastity Allaah will make him chaste, and whoever seeks help from none but Allaah, He will help him, and whoever is patient He will make it easy for him, and no one has ever been given anything better than patience." Bukhari:1469. 12) Repenting, asking forgiveness from Allaah, doing good deeds, and not losing hope and feeling despair are all prerequisites to curing this problem. Note that losing hope is one of the major sins punishable by Allaah. 13) Finally, Allaah is the Most Merciful and He always responds to whoever calls on Him. So, asking for Allah’s forgiveness will be accepted, by His will. Wallahu a’lam. And Allah knows what is best and most correct.
The entire universe and all its contents are the creation of Allah. The Earth and the Skies, Sun, Moon and Stars, Mountains and Oceans, all living creatures and each and everything owes its existence to Allah and Allah alone.
Almighty Allah says in the Holy Quran:
"Behold! In the creation of the Heavens and the Earth; In the alteration of the Night and the Day; In the sailing of the Ships through the Ocean for the profit of Mankind; In the Rain which Allah sends down from the Skies, and the Life which He gives therewith, to an Earth that is Dead; In the Beasts of all kinds that He scatters through the Earth; In the change of the Winds, and the Clouds which they trail like their slaves between the Sky and the Earth; (Here) Indeed are Signs for a People that are Wise."
(Surah Al-Baqarah: 164)
It is clearly evident from the above verse that Almighty Allah created everything and all these creations function according to Allah's wishes and commands.
The Human Being
Then followed the creation of the Human Being.
Almighty Allah states: "Man We did create from a Quintessence (of clay)." (Surah Mominoon:12)
Amongst all of Allah's creations the Human Being has been honored as the best. Almighty Allah says: "We have indeed created man in the best of moulds." (Surah At-Teen: 4)
So the world was created and so was man.
There is no fault in Allah's creation. To man, Allah gave the purest and best nature, and man's duty is to preserve the pattern on which Allah has made him.
Almighty Allah has exalted the Human even higher than the Angels, but if he uses his will and discretion is wrong then he will be abased to the lowest possible position.
The Shariah
Only Allah knows what is right and beneficial for His creation, and alternatively what is wrong and harmful. The Holy Quran clearly states the lawful and unlawful actions. All Humans must follow this Law of Allah which is known as the `Shariah' or Islamic Law.
Amongst the clear-cut prohibitions is the use of Alcohol in any form whatsoever.
The Quran Prohibits Alcohol
Regarding Alcohol - The Holy Quran states: "They ask Thee concerning Wine and Gambling, Say: In them is great sin, and some profit, for men; but the sin is greater than the profit." (Surah Al-Baqarah: 219)
The Arabic word used in this text is Khamr which is applied to all intoxicating liquor or drug.
The Quran further states in Surah Al-Maaidah verse 90: "O Ye who believe! Intoxicants and Gambling, Sacrificing to Stones, and (divination by) Arrows, are an abomination, of Satan's handiwork; Keep away from such, that Ye may prosper."
Take Heed - Oh Muslims!
Quranic evidence has been presented to you regarding the use of Alcohol. Allah - The All Knowing and full of Wisdom knows what is best for us - His creation. We must abstain fully from all forms and uses of alcohol.
No - Drinking!
So, firstly, all Muslims must not consume Alcohol at all. It is amongst the Major Sins and will have to be accounted for on the Day of Judgment. Besides the Islamic ruling, we all know too well the harms of this evil. This is one of the main roots of corruption in society. Violence, family tragedies, suicides are a few of the fatal results of this disease. May Almighty Allah save us all. Aameen.
No - Selling!
The selling of Alcohol is also forbidden. It is completely Haraam for Muslims to be trading in this trade. It is also forbidden to sell alcohol as part of your business. Grocers, Newsagents and Mini-Market traders should keep this in mind. Therefore, no question remains regarding trading in Off-Licenses, Pubs or Public Houses. In selling of these in Take-Aways and Restaurants also is completely Haraam. Muslims should also not work or employ any of their family members in such Haraam Environments.
May Allah give us the right understanding. Aameen.
Conclusion
The consumption of Alcohol can destroy families, communities and in fact a whole locality. Man commits such atrocious crimes in the state of being drunk which can only be described as barbaric and ruthless. A life of a drunkard becomes hell and of all those connected with him. And remember, it's an addiction. A few drops will lead to a glassful which in turn will lead to bottles. Then there will be no stopping.
Selling these products makes ones livelihood Haraam. All his life will pass through Haraam. His clothing, sustenance est. if bought from this income will also be doubtful. So, Oh Muslims - Take heed and abstain from the mother and roots of all vices and evils. May Allah grant us the right understanding. Ameen-Ya-Rabbal-A'lameen.
When a man commits zina with a woman, the tribe offers compensation to the girl’s family in the form of a payment, the amount of which is determined by tribal custom. It may be noted that the tribe helps the man to pay this money. What is the ruling on helping to pay this money if one belongs to the tribe of the one who did it? What is the ruling on taking this money if one belongs to the tribe of the girl? Please note that this town is ruled by a Christian and he does not rule it in accordance with that which Allaah has revealed (sharee’ah), hence the tribes resorted to tribal laws, which also involve ruling by something other than that which Allaah has revealed.
Praise is to Allaah.
Firstly:
With regard to this financial compensation, there may be two scenarios:
1 – When it is paid only where a woman is forced into zina (rape), where the rapist is made to pay the mahr to his victim, or to pay the mahr along with compensation for loss of virginity – if she was a virgin – according to those who say that this is required. The compensation for loss of virginity is the difference between the mahr of a virgin and the mahr of one who was previously married.
This money must be paid by the rapist, and the hadd punishment must be carried out on him, and it must be given to the victim if it is proven that she was forced into it.
If that is the case, then there is no problem with it, rather this is the ruling of sharee’ah even if it is in accordance with customs.
If we assume that they are unable to carry out the hadd punishment, but they can force the rapist to pay the mahr to his victim, then this is acceptable, because if it is not possible to do everything, we should do as much as we can do. Allaah says (interpretation of the meaning):
“So keep your duty to Allaah and fear Him as much as you can”
[al-Taghaabun 64:16]
With regard to obliging the tribe to pay the mahr or help in doing so, there is no basis for that. Rather it must be paid from the wealth of the rapist, as stated above. Helping him to pay it means letting the rapist off lightly and encouraging rape. We will discuss the difference between the mahr and the compensation (for loss of virginity) below.
2 – If that is the procedure that is followed in all cases of zina, with no distinction between cases where the woman is forced into it (rape) and cases where she did it willingly, and the tribe is obliged to help the zaani pay this compensation, and that is regarded as a general ruling that all the tribes refer to, this is like a system of prostitution. The Prophet (peace and blessings of Allaah be upon him) said:
“The price of a dog is evil, and the earnings of a prostitute are evil and the earnings of a cupper are evil.” Narrated by Muslim (1568).
And he said: “The price of a dog, the fee of a soothsayer and the earnings of a prostitute are not permissible.” Narrated by al-Nasaa’i (4293).
It is obvious that this tribal law, which is known as saloom, is the ruling of Jaahiliyyah which is it is not permissible to judge by or to refer to for judgement, or to help with, because Allaah says (interpretation of the meaning):
“And so judge (you O Muhammad) among them by what Allaah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad) far away from some of that which Allaah has sent down to you. And if they turn away, then know that Allaah’s Will is to punish them for some sins of theirs. And truly, most of men are Faasiqoon (rebellious and disobedient to Allaah).
50. Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”
[al-Maa'idah 5:49, 50]
“And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Laws)”
[al-Maa’idah 5:44]
“Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray”
[al-Nisa’ 4:60]
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[al-Nisa’ 4:65]
And there are other verses which indicate that it is obligatory to refer for judgement to the laws of Allaah and to reject the rulings of Jaahiliyyah that go against them. Allaah has decreed and prescribed that the zaani should be flogged if he is a virgin and stoned if he is a non-virgin, and this applies to both men and women. Every ruling that goes against this is a ruling of jaahiliyyah, which must be rejected and we must strive to abolish it.
The scholars stated that referring to Bedouin laws and tribal customs that go against sharee’ah is kufr.
Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: The sixth (type of major kufr with regard to referring to laws for judgement) is the law by which many of the heads of Bedouin clans and tribes rule, based on the sayings of their forefathers and their customs which they call their saloom, which they inherited from them and they judge by it and refer to it for judgement in the event of disputes, based on the rulings of Jaahiliyyah or turning away from the rulings of Allaah and His Messenger. There is no power and no strength except with Allaah. End quote from the essay, Tahkeem al-Qawaaneen.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said in an essay entitled “The ruling on referring for judgement to tribal customs and traditions”:
From ‘Abd al-‘Azeez ibn Baaz to whoever among the Muslims reads it: may Allaah help me and them to find out the truth and follow it.
Peace be upon you and the mercy of Allaah and His blessings…
The reason for this is to answer some questions that have been asked by one of our sincere brothers in the Kingdom. He says that in his tribe, and in some other tribes, there are bad tribal customs for which Allaah has not sent down any authority, such as not referring for judgement to the Book of Allaah and the Sunnah of His Prophet (peace and blessings of Allaah be upon him), and turning instead to tribal customs and ignorant traditions.
One of these is the concealment of testimony and not bearing witness out of tribal loyalty, or bearing false witness out of tribal loyalty also. And there are other reasons that may lead some people to go against sharee’ah.
Because of our duty to be sincere towards Allaah and His slaves, I say – and Allaah is the source of strength:
The Muslims are obliged to refer for judgement to the Book of Allaah and the Sunnah of His Prophet (peace and blessings of Allaah be upon him) in all things, and not to man-made laws or tribal customs. Allaah says (interpretation of the meaning):
“Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray”
[al-Nisa’ 4:60]
“Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”
[al-Maa'idah 5:50]
No Muslim should give precedence to the rule of anyone other than Allaah over the rule of Allaah and His Messenger, no matter who he is. Just as worship is for Allaah alone, so too is the judgement or decision, as He says (Interpretation of the meaning):
“The decision [hukm] is only for Allaah,”
[al-An’aam 6:57]
Referring for judgement to anything other than the Book of Allaah or the Sunnah of His Messenger (peace and blessings of Allaah be upon him) is one of the greatest of evils and the most abhorrent of bad deeds, but as to whether the one who does that is a kaafir, that is subject to further discussion. Allaah says (interpretation of the meaning):
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[al-Nisa’ 4:65]
So there is no faith for the one who does not refer for judgement to Allaah and His Messenger (peace and blessings of Allaah be upon him) with regard to the fundamentals of religion and its minor issues and with regard to disputes concerning rights and duties. Whoever refers for judgement to anything other than Allaah and His Messenger has referred for judgement to the Taghoot (false judges).
Based on this, the tribal Shaykhs must not judge among the people according to tribal customs that have no basis in Islam and for which Allaah has not sent down any authority. Rather they must refer any disputes among their tribes to the sharee’ah courts. There is no reason why they should reconcile between disputants in ways that do not go against sharee’ah, so long as they consent to that and there is no compulsion, because the Prophet (peace and blessings of Allaah be upon him) said: “Reconciliation between Muslims is permissible, except a reconciliation that forbids something that is permitted or permits something that is forbidden.” And all the tribes should not agree to anything but the rule of Allaah and His Messenger … End quote from Majmoo’ Fataawa wa Maqaalaat al-Shaykh IbnBaaz (5/142).
The Standing Committee for Issuing Fatwas was asked: What is the ruling if two men argue and refer for judgement to customary laws, and each of them chooses someone they think is of good character, and they agree to whoever among the tribal Shaykhs they choose to judge between them, and they sit before him and each of them states his case against the other. If it is a simple case, he rules usually rules that the one who is in the wrong should slaughter an animal and invite his opponent to the feast; and if it is a serious case he gives a judgement of al-janbiyyah, which in the past meant that they would strike him on the head with a sharp instrument until his blood flowed. But nowadays they pay the janbiyyah in money and they call this reconciliation. This is something that is widespread among the tribes and they call it a madhhab, and if you do not approve of what they do, they call you qaati’ al-madhhab (one who has forsaken the madhhab). What is the ruling on this?
Answer: The Muslims must refer for judgement to Islamic sharee’ah, not to tribal laws. What you have mentioned is not a reconciliation in the true sense, rather it is referring for judgement to customary principles. Hence they call it a madhhab, and they say of the one who does not agree with the ruling that he has forsaken the madhhab. Their calling it a reconciliation does not alter the fact that it is referring for judgement to Taghoot (false judges). The ruling that they stipulate, of slaughtering an animal or striking the head with a sharp instrument until the blood flows is not a shar’i ruling.
Based on this, the tribal Shaykhs should not judge between people in this manner, and the Muslims should not refer to them for judgement, until they (the Shaykhs) turn away from that to Islamic laws. Today – praise be to Allaah – the authorities have appointed judges who judge between the people and resolve their disputes in accordance with the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him) and who solve their problems in ways that do not go against the laws of Allaah, may He be exalted. So there is no excuse for anyone to refer for judgement to false judges, after the appointment of scholars of Islam to whom they may refer for judgment and who judge in accordance with the law of Allaah.
And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.
The Standing Committee for Academic Research and Issuing Fatwas.
‘Abd-Allaah ibn Qa’ood, ‘Abd-Allaah ibn Ghadyaan, ‘Abd al-Razzaaq ‘Afeefi and ‘Abd al-‘Azeez ibn Baaz. End quote.
As that is the case, it is not permissible for you to take part in his judgement or to pay the money or take it. Rather you must disavow yourself of that, and you must advise these people and explain to them the seriousness of what they are doing by passing judgements that are not in accordance with sharee’ah. They have no excuse for that, even if their governor is a Christian who does not apply the rulings of Allaah. They have to advise one another and strive to apply the rulings of sharee’ah as much as they can; whatever they are unable to apply, it is not permissible for them to invent rulings for it, no matter what interests they think may be served by that, otherwise they will be sinners who are introducing jaahili ways into Islam.
Secondly:
The majority of Maaliki, Shaafa’i and Hanbali fuqaha’ are of the view that if a woman is forced into zina (raped), then the rapist must pay a mahr equal to that of her peers.
If she was a virgin, is she entitled to compensation for loss of virginity along with the mahr?
Some of the fuqaha’ are of that view, and it was narrated from Ahmad (may Allaah have mercy on him), but the well known view of the Hanbalis is that compensation for loss of virginity is not required, and the one who is forced into zina can only take a mahr equal to that of her peers. The Maalikis also pointed out that this mahr is not to be paid collectively by the male relatives of the rapist, because zina is a deliberate action, it is not something that can happen by mistake.
The Hanafis differed from that and did not impose a mahr for a woman who is forced into zina, whether she was a virgin or not.
This was also narrated from Ahmad (may Allaah have mercy on him), and was the view favoured by Shaykh al-Islam Ibn Taymiyah, who said concerning the mahr: it is khabeeth (evil).
Thirdly:
If he forced her to commit zina and he destroyed the barrier between the urethra and vagina, then he must pay the mahr and also compensation, but there was a difference of opinion as to the amount. The Hanafis and Hanbalis say that it is one-third of the diyah, and the Shaafa’is say that it is the full diyah. The Hanafis agree with them if he destroys the barrier between the urethra and vagina and she can no longer control her urine.
Conclusion: The mahr which is paid to the woman who is forced into zina (raped), and the mahr and compensation for loss of virginity which is paid to a virgin who is forced into zina, must be paid from the wealth of the zaani and not by his male relatives, and it must go to the woman who was forced into zina, not to her relatives. As for the woman who willingly commits zina, she is not entitled to anything.
All of this comes after zina has been proven and the hadd punishment has been carried out. This makes clear the difference between what is narrated in sharee’ah and the ruling of tribal customs.
