Showing posts with label Sharia. Show all posts
Showing posts with label Sharia. Show all posts

Thursday, March 27, 2014

Singing and Music: Islamic View

Source: onislam

Given that your objection revolves mainly around music and why it is permissible, here is the clarification for that in the light of fatwa issued by Sheikh Yusuf Al-Qaradawi:

 The whole issue of singing is controversial, whether it is with musical accompaniment or not. Some issues succeeded to gain the Muslim scholars’ agreement, while others failed. All scholars have unanimous view on the prohibition of all forms of singing and music that incites debauchery, indecency, or sin. As for musical instruments, given the weakness of the evidence indicating that they are forbidden, the rule to be applied here is the one states that all things are originally deemed permissible as long as there is no Shari`ah text that prohibits them.
Singing is no more than melodious words; if these are good, singing is considered good; but if they are bad, such singing is deemed bad. Talk that contains forbidden content is prohibited. What if that talk is accompanied with rhythm and melody?

Scholars agree on the permissibility of singing without instrumental accompaniment and where the content is not prohibited. This sort of singing is allowed only in certain occasions such as: weddings, feasts, welcoming a traveler, and the like. This is based on the hadith of the Prophet (peace and blessing be upon him) that states: “He (peace and blessings be upon him) asked, ‘Have you given the girl (i.e., the bride) anything as a present?’ They (the attendants) replied, ‘Yes.’ He asked, 'Did you send a singer along with her?' 'No', said `A'ishah. The Prophet (peace and blessings be upon him) then said, 'The Ansar are a people who love poetry. You should have sent along someone who would sing: Here we come, to you we come, greet us as we greet you.'" In this case, we can say that a woman can sing only in front of women and her non-marriageable male kin.

In the subject of musical instruments, scholars disagree on the matter. Some of them permit all sorts of singing, be it accompanied with musical instruments or not, and even consider it recommended. A second group of scholars permit singing only when is not accompanied with a musical instrument. A third group declare it to be prohibited whether it be accompanied with a musical instrument or not; they even consider it as a major sin. In supporting their view, they cite the hadith narrated by Imam Al-Bukhari on the authority of Abu Malik or Abu `Amir Al-Ash`ari (doubt from the sub-narrator) that the Prophet (peace and blessings be upon him) said, 'From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk (clothes), the drinking of alcoholic drinks and the use of musical instruments, as lawful.' Although this hadith is in Sahih Al-Bukhari, its chain of transmission is not connected to Prophet Muhammad (peace and blessings be upon him) and this invalidates its authenticity. Ibn Hazm rejects it for that very reason. Moreover, the sub-narrator, Hisham Ibn `Ammar is declared ‘weak’ by many scholars of the Science of Hadith Methodology.

Besides, this hadith does not clearly prohibit the use of musical instruments, for the phrase 'consider as lawful,' according to Ibn Al-`Arabi, has two distinct meanings:

First: Such people think all these (the things mentioned) are lawful.

Second: They exceed the proper limits that should be observed in using these instruments. If the first meaning is intended, such people would be thus disbelievers.

In fact, the hadith in hand dispraises the manners of a group of people who indulge themselves in luxuries, drinking alcohol and listening to music. Therefore, Ibn Majah narrates this hadith from Abu Malik Al-Ash`ari in the following wording: "From among my followers there will be some people who will drink wine, giving it other names while they listen to musical instruments and the singing of female singers; Allah the Almighty will make the earth swallow them and will turn them into monkeys and pigs.” (Reported by Ibn Hibban in his Sahih)

Conclusion on Permissibility of Musical Instruments

 In the light of the above, it is clear that the religious texts that stand as a basis for those who maintain that singing is haram are either ambiguous or inauthentic. None of the hadiths attributed to Prophet Muhammad (peace and blessings be upon him) is valid as evidence on the judgment of prohibition. Moreover, all these hadiths are declared ‘weak’ by the followers of Ibn Hazm, Malik, Ibn Hanbal, and Ash-Shafi`i.

In his book, Al-Ahkam, Al-Qadi Abu Bakr Ibn Al-`Arabi says, “None of the hadiths maintaining that singing is prohibited are considered authentic (by the scholars of the Science of Hadith Methodology).” The same view is maintained by Al-Ghazali and Ibn An-Nahwi in Al-`Umdah. Ibn Tahir says, “Not even a single letter from all these Hadiths was proved to be authentic.”

Ibn Hazm says, “All the hadiths narrated in this respect were invented and falsified.” 

Proofs of Those Who Maintain that Singing is Halal:

 First: The Textual Proofs:

They base their argument on some authentic hadiths of Prophet Muhammad (peace and blessings be upon him). One of these hadiths is the following:

`A'ishah (may Allah be pleased with her) narrated: “Allah’s Messenger (peace and blessings be upon him, came to my house while two girls were singing beside me the songs of Bu`ath (a story about the pre-Islamic war between the two tribes of the Ansar, the Khazraj and the Awus). The Prophet (peace and blessings be upon him) laid down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, ‘Musical instruments of Satan near the Prophet (peace and blessings be upon him)?’ Thereupon, Allah’s Messenger (peace and blessings be upon him) turned his face towards him and said, ‘Leave them.’ When Abu Bakr became inattentive, I signaled to those girls to go out and they left.” (Reported by Al-Bukhari)

This indicates that these two girls were not so young as claimed by some scholars. If they were, Abu Bakr would not have been angry with them in such manner. In addition, in this hadith, the Prophet (peace and blessings be upon him) wanted to teach the Jews that Islam has room for merriment and that he himself was sent with a moderate and flexible legislation. There is also another important lesson to learn here. It draws our attention to the fact that one needs to introduce Islam to others in a good fashion, along with displaying its moderateness and magnanimity.

Moreover, we can also cite as corroborating this Allah’s words that read, “But when they spy some merchandise or pastime they break away to it and leave thee standing. Say: That which Allah hath is better than pastime and than merchandise, and Allah is the best of providers.” (Al-Jumu`ah: 11)

In this verse, Allah Almighty joins pastime with merchandise. He does not dispraise any of them, He just only rebuked the Companions who left Prophet Muhammad (peace and blessings be upon him) alone giving the khutbah (Friday Sermon), when they all rushed to attend to the caravan and beating of the drums celebrating its arrival.
Second: In Respect of Islam’s Spirit and Basics:

It is a fact that Allah had prohibited for the Children of Israel some of the good things of this worldly life as a punishment for their misdeeds.

He says, “Because of the wrongdoing of the Jews, We forbade them good things which were (before) made lawful unto them, and because of their much hindering from Allah's way. And of their taking usury when they were forbidden it, and of their devouring people's wealth by false pretences. We have prepared for those of them who disbelieve a painful doom.” (An-Nisa’: 160-161)

Before sending Prophet Muhammad, He Almighty referred to him in the earlier scriptures as, “Those who follow the Messenger, the Prophet who can neither read nor write, whom they will find described in the Torah and the Gospel (which are) with them. He will enjoin on them that which is right and forbid them that which is wrong. He will make lawful for them all good things and prohibit for them only the foul.” (Al-A`raf: 157)

Thus, Islam left nothing good or sound but declared it to be halal (lawful). This is a sign of mercy to this Ummah (nation or community), moving along the line of its comprehensive and eternal message. Allah Almighty says, “They ask you (O Muhammad) what is made lawful for them. Say: (all) good things are made lawful for you.” (Al-Ma’idah: 4)

If we are to delve deeply into this matter, we will find that love for singing and melodic voices are almost a human instinct. We can observe an infant lying in his cradle soothed and sleeping by the sound of a lullaby. Mothers and nannies are always in the habit of singing for babies and children. Moreover, birds and animals respond to nice voices and rhythmic melodies.

Thereupon, if singing is thus a human instinct, it is not for Islam to defy humankind’s instincts. Islam came to refine and promote the human instinct. Ibn Taymyiah says, “Prophets were sent to polish and discipline man’s instinct and not to change or modify it.” This is pursuant to the hadith that reads, “When Allah’s Messenger came to Madinah, he found them (i.e., the people of Madinah) celebrating two days. He said, ‘What are these days?’ They replied, ‘We used to rejoice in these days during the pre-Islamic era.’ He (peace and blessings be upon him) said, ‘Verily, Allah Almighty has given you two alternative days which are much better: these are Al-Adha and Al-Fitr days (`Eids).’” (Reported by Ahmad, Abu Dawud and An-Nasa’i)

Moreover, if singing is to be considered rejoicing and play, these are not haram; this is in pursuant to the famous idea that man needs some time to relax a bit and rejoice. The Prophet (peace and blessings be upon him) said to Hanzalah who thought himself to be a hypocrite for his attendance to his wife and children and the change that affected him when he was apart from Allah’s Prophet (peace and blessings be upon him), “O Hanzalah! Part of your time should be devoted (to the worldly affairs) and part of time (should be devoted to prayer and meditation).” (Reported by Muslim)

`Ali Ibn Abu Talib says, “Amuse yourselves for some time, for if hearts are exposed to too much strain, they turn blind.”

Abu Ad-Darda’ said, “I refresh myself with some amusement in order to make myself stronger on the path of right.”
Imam Al-Ghazali answered someone who asked him: “Isn't singing some kind of play and rejoice?” He said, “Yes. But, all that exists in this present life is mere play and rejoice. All that takes place between a husband and his wife is play, except sexual intercourse that is the direct cause of reproducing children. This has been reported from Allah’s Messenger and his honorable Companions.”

In fact, leisure time is refreshing to the heart and alleviates its tensions at the same time. Excessive strain and efforts render the heart bored and blind. Amusing the self refreshes and renews its strength and vigor. One who continuously works hard at something should take a break for a while in order to restore and regain his energy and firm will lest he totally collapses in future. When one takes a break, he thus restores his strength and vigor. Only Prophets can stand absolute seriousness. Having leisure time is a form of treatment for diseases of the self, weariness and boredom. But, leisure should not be excessive. This will go against the whole issue of rejoicing hearts to make them able to go on.

One who is familiar with and experienced in the nature of the human heart and self knows for certain that recreation and relaxation are necessary treatments for one’s well-being.

These proofs on the permissibility of singing are extracted from the texts and rules of Islam, and these are sufficient to clarify the issue.

In addition to this, the people of Madinah, who were very pious and God-fearing, the Zahiriyyah, who were very literal regarding the textual proofs, and the Sufis, who were very strict and rigid, were all quoted to have declared the permissibility of singing.

Imam Ash-Shawkani says in his book “Nayl Al-Awtar”, “The people of Madinah and those who agreed with them from among the Zahiriyyah and the Sufis maintain that singing is permissible, even when it is accompanied by a musical instrument such as the lute or the flute. Abu Mansur Al-Bughdadi Ash-Shafi`i narrate that `Abdullah Ibn Ja`far saw nothing wrong in singing, and he, himself, used to compose the music for his own slaves who used to sing these melodies in his presence. This took place during the time of Commander of the Faithful, `Ali Ibn Abi Talib. Abu Ja`far Al-Bughdadi narrates the same after Al-Qadi Shurayh, Sa`id Ibn Al-Musaiyb, `Ata’ Ibn Abu Rabah, Az-Zuhri and Ash-Shi`bi.”

Ar-Ruwaiyani narrates on the authority of Al-Qaffal that Malik Ibn Anas maintained that singing with musical instruments is permissible. Also, Abu Mansur Al-Furani quotes Malik as maintaining that playing the flute is permissible.

Abu Al-Fadl Ibn Tahir narrates, “The people of Madinah never disputed over the permissibility of playing the lute.”
Ibn An-Nahwi narrates in his “Al-`Umdah”: “Ibn Tahir said, ‘The people of Madinah showed consensus over this (issue). Also, all the Zahiriyyah maintained the same.'”

Al-Mawardi attributes the permissibility of playing the lute to some of the Shafi`i followers and students. This has been narrated also by Abu Al-Fadl Ibn Tahir after Abu Ishaq Ash-Shirazi; and it is narrated by Al-Isnawi after Ar-Ruwaiyani and Al-Mawardi. Again, this is narrated by Al-Adfuwi after Sheikh `Izz Ad-Deen Ibn `Abd As-Salam. It is also narrated after Abu Bakr Ibn Al-`Arabi.

All these scholars consider singing that is accompanied by musical instruments permissible, but as for singing that is not accompanied by musical instruments, Al-Adfuwi says, “In some of his jurisprudence-related books, Al-Ghazali narrates the consensus of the scholars on its permissibility." Also, Ibn Tahir narrates the consensus of the Prophet’s Companions and those who succeeded them on this very topic. Ibn An-Nahwi states in Al-`Umdah that singing and listening was deemed permissible by a group of the Companions and the Followers. 

Conditions and Terms:

 There are some conditions and terms that should be observed regarding listening to singing, as follows:

1. Not all sorts of singing are permissible. Rather, the permissible song should comply with the Islamic teachings and ethics. Therefore, the songs praising the tyrants and corrupt rulers disagree with Islamic teachings. In fact, Islam stands against transgressors and their allies, and those who show indifference to their transgression. So, the same goes for those songs that imply giving praises to such attitude!

2. Also, the way the song is performed weighs so much. The theme of the song may be good, but the performance of the singer – through intending excitement and arousing others’ lusts and desires along with trying to seduce them – may move it to the area of prohibition, suspicion or even detest. The Glorious Qur’an addresses the wives of Prophet Muhammad (peace and blessings be upon him) saying, “O you wives of the Prophet! You are not like any other women. If you keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." (Al-Ahzab: 32) So, one has to show caution to music when there is softness of speech accompanied with rhyme, melody, and special effects!

3. Singing should not be accompanied with something that is prohibited such as alcohol, nakedness, mixing of men with women that is common in pubs and nightclubs, etc.

4. Islam has declared excessiveness as prohibited in everything. The same goes for excessiveness in leisure and recreation even though these things are permissible ! This indicates that the emptiness of the mind and heart has to be observed and tackled during man’s short-term life. One should know that Allah Almighty will ask every one about his life and his youth in particular.

There are some things in which one is to be his own judge and Mufti. If there is some kind of singing that arouses his own lust or desire, and takes him away from the real life, he should avoid it then and block that very gate from which the winds of trial and seduction may come and erase his religion, morals and heart. If he does this, he will live in peace and tranquility.

Warning against playing with the word “haram”:

 To conclude, we address the respectful scholars who tackle the word “haram” easily and set it free in their writings and fatwas that they should observe that Allah is watching over them in all that they say or do. They should also know that this word “haram” is very dangerous. It means that Allah’s Punishment is due on a certain act or saying, and should not be based upon guessing, whims, weak Hadiths, not even through an old book. It has to be supported by a clear, well-established text or valid consensus. If these last two are not found, then we revert the given act or saying to the original rule: "permissibility governing things". We do have a good example to follow from one of our earlier pious scholars. Imam Malik (may Allah be pleased with him) who said: “It was not the habit of those who preceded us, the early pious Muslims, who set good example for the following generations, to say, 'This is halal, and this is haram. But, they would say, ‘I hate such-and-such, and maintain such-and-such, but as for halal and haram, this is what may be called inventing lies concerning Allah. Did not you hear Allah’s Statement that reads, 'Say: Have you considered what provision Allah has sent down for you, how you have made of it lawful and unlawful? Say: Has Allah permitted you, or do you invent a lie concerning Allah?” (Yunus: 59) For, the halal is what Allah and His Messenger made lawful, and the haram is what Allah and His Messenger made unlawful.

Allah Almighty knows best.

What Does Islam Say on Music?

Source: onislam

In his response to the question you posed, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

“Music is an issue that has been hotly debated by scholars of the past and the present. While many of them have been generally inclined to condemn all forms of music, with the singular exception of ad-duff (tambourine) in weddings, quite a few of them have taken a more positive approach of considering only music containing sensual, pagan, or unethical themes or subliminal messages as being categorically forbidden.

The latter view seems to be more consistent with the general nature of Islam, which is undoubtedly a complete way of life that caters to all of the genuine human instincts and needs within permissible limits. Thus, to say that all music is forbidden in Islam does not seem to agree with the balanced approach of Islam to issues of human life and experience.

Traditions often cited by the first group scholars to justify condemnation of all musical instruments and music, according to some scholars, are considered as either spurious, or phrased in such way solely because of their associations with drinking, dancing, and sensuality.

While everyone agrees that all forms of music that contain pagan, sensual themes, or subliminal messages are clearly forbidden, the latter group of scholars considers all forms of music free of such themes and messages as permissible.

As a matter of fact, we know from the authentic traditions that the Prophet, peace and blessings be upon him, not only allowed music in the weddings but also listened to girls singing: While listening to girls singing on such an occasion, he interrupted them only once when they sang the following verse, “In our midst is a prophet who knows what will happen tomorrow”; whence, the Prophet, peace be upon him, told them, “Cut this sentence out, and continue singing what you have been singing earlier.” There is nothing in the sources to indicate that the above permission is limited to the occasion of wedding, as some people tend to think.

In light of these, according to the last mentioned group of scholars, music that is deemed to be free of un-Islamic and unethical themes and messages, the same is true of musical instruments so long as they are not used for the above, have been considered as permissible.

But we have to stress that Islam clearly prohibits mixed dancing of males and females.”

Excerpted, with slight modifications, from: www.islam.ca


Link: onislam.net/english/ask-the-scholar/arts-and-entertainment/singing-and-music/175609.html.

Music: Between Beauty and Abuse

Salam Ibrahim,

Thank you for forwarding your question to us and we really appreciate your kind words about the website.
The issue you raise here is one of the most controversial ones that have generated debate among Muslim scholars, the ancient and the contemporary alike. I myself have dealt with it before in one of my answers posted on this page (see below for the link). Anyway, I will try here again to shed more light on it, at least to stress some points mentioned in my previous answer.
First of all, I need to point out to you that there are a lot of things on the Internet that have nothing to do with the true message of Islam, so you need to be careful about the information you get. Without dwelling too much on the authenticity of the points you read on other websites, however, I will go straight to the point.
Islam does not just consider things as permissible or prohibited; the matter is much more than that. Each ruling has its own purpose and takes into consideration the nature of the act it governs, and its being in conformity with the maqasid (objectives of the Shari`ah).

Under the shade of al-maqasid, the rulings serve to provide protection to the human being's self, dignity, religion, property, and intellect. So whatever serves those objectives are in line with Shari`ah, according to Imam Ash-Shatibi, one of the great scholars of Islam, and whatever negates them are not reckoned with as part of the Shari`ah.

With this, Imam Ash-Shatibi (and others like Imam Al-Ghazali, Imam Fakhr Ad-Din Ar-Razi, Imam Ash-Shawkani, Abu Bakr Al-`Arabi, etc.) exerted relentless efforts to restore the intimate relation between Muslims and the noble Quran by drawing their attention to the objectives of Islam, the causes behind the Shari`ah rulings, and the goal that each ruling is designed to realize, be it explicit or implicit (Ahmad al-Raysuni, Imam Shatibi's Theory of the Higher Objectives, International Institute of the Islamic Thought, 2006).
Upon this brief introduction I will base my argument that it amounts to an improper academic conduct for a scholar to condemn an act as haram or halal, away from the realm of al-maqasid.

This explains the reasons why prominent scholars like Sheikh Al-Ghazali, Sheikh Al-Qaradawi and others argue that music cannot be basically categorized as haram, for they see it as part of a  human instinct which Islam came to promote and refine. They see music as something that constitutes an important part of our daily life, whose ruling depends on the way it's utilized; it can be lawfully used or maliciously abused. They see music as something created pure and beautiful, just like fresh air. The fact that air can be polluted by evil deeds of mankind does not render it prohibited.
In the same vein, the fact that some songs or musical shows are corrupt does not render music or song in itself prohibited. This is based on the juristic maxim "all things are presumed permissible until there is an evidence to the contrary." This well-established juristic maxim is inferred from the Quranic verse that says what means:
{Say: Who hath forbidden the beautiful (gifts) of Allah, which He hath produced for His servants, and the things, clean and pure, (which He hath provided) for sustenance? Say: They are, in the life of this world, for those who believe, (and) purely for them on the Day of Judgment} (Al-An`am 7:32)
Another point I want to mention here is that, most of the hadiths used by the scholars who claim that music is haram fail to meet the requirements of authenticity, whereas there are strong proofs that stand in favor of the permissibility of music. One of them is the hadith narrated by A'ishah:
Abu Bakr came to my house while two small Ansari girls were singing beside me the stories of Ansar concerning the Day of Bu`ath (day of fighting between the two tribes of the Ansar, the Aus and Khazraj). And they were not professional singers. Abu Bakr said protestingly, "Musical instruments of Satan in the house of Allah's Messenger!" It happened on the `Eid day and Allah's Messenger said, "O Abu Bakr! There is an Eid for every nation, and this is our Eid." (Al-Bukhari)
In another version we read: "It was the day of Eid, and the Black people were playing with shields and spears." That is why Abu Bakr said " Musical instruments of Satan in the house of Allah's Messenger."
If we compare the Prophet's disposition here to, for instance, his stance on the silk robe when it was offered to him by Umar ibn Al-Khattab, also for Eid, we plainly see the difference in approach and firmness. The Prophet (peace be upon him) said to Umar, "This is the dress for the one who will have no share in the Hereafter" (Al-Bukhari).

The point here is that if something is haram, its ruling does not fluctuate; it remains so, with nothing to render that ruling relaxed, just like the case of the silken dress here, whereas this is not the case with music. If it were haram, the Prophet (peace be upon him) would not have uttered a statement indicating the act of the two Al-Ansari girls was permissible.
Having said this, I will not forget to give some kind of recognition to the concern of the scholars who claim that music is haram. They are exhorting Muslims to fend off all that might keep them away from their religious rituals, especially in light of the strong effects of all entertainment or amusement tools, but this does not make these tools haram. This depends on how they are used. If a man entertains himself by playing with his children and allows that to keep him away from performing his religious duty, he is sinful for that, but not for playing with his children because that is not haram. So likewise if somebody listens to music and forgets to perform their prayers, for instance, they are sinful for that, but that does not make music haram.
Thus, brother, what I see here is that we need to look into all the evidence provided by scholars in defense of their argument and try to understand them in the spirit of the Shari`ah and its objectives, as clarified above. What we really need to do at this stage, to combat the powerful effect of the modern day music industry, is to provide an Islamic alternative for our youth. And I'm glad that we have already plenty of that now, in the likes of Yusuf Islam, Sami Yusuf, Zain Bikha, and others, who are making use of their beautiful voices for the cause of Islam.
I fully agree that we need to stand against all the negative forces that are rampant in our society today. But we need to do that with positive steps, with proper mechanisms that will instill the love of Islam into the hearts of today's youth, especially that we know that music is one of the things the early Christian missionaries used in some places, like sub-Saharan Africa, to lure many into Christianity. But with the effort of Muslim figures in that part of the continent and thanks to the emergence of the beautiful Muslim voices, the balance was created and the danger minimized.
I will wrap up my answer, brother Ibrahim, with what Imam Al-Ghazali says in his Alchemy of Happiness:
The heart of men has been so constituted by the Almighty that, like a flint, it contains a hidden fire which is evoked by music and harmony, and renders man beside himself with ecstasy. These harmonies are echoes of that higher world of beauty, which we call the world of spirits, they remind man of his relationship to that world, and produce in him an emotion so deep so strange that he himself is powerless to explain it. (Imam Al-Ghazali, Alchemy of Happiness, translated by Claud Field. London: J. Murray, 1909. p. 74)
He continues,
For the mere fact that they (music and dancing) are pleasant does not make them unlawful, any more than the pleasure of listening to the singing of birds or looking at green grass and running water is unlawful. (p. 75)
I hope this answers your question, brother. If you still have some inquiries please don't hesitate to write to us.
Salam.
Useful Links:


Link: http://www.onislam.net/english/ask-about-islam/islam-and-the-world/art-and-culture/166928-music-between-beauty-and-abuse.html

Ruling of Tattoos in Islam

Are Tattoos Haram in Islam

By: AbuUbaida

Source: MuslimConverts.com

A question often asked is "Are tattoos haram in in Islam ?"

The Answer is that permanent Tattoos are Haram in Islam and the Prophet of Allah has cursed the person who has tattoos done on them and the one on whom tattoos are done.

It is narrated that ‘Abd-Allaah ibn Mas’ood (may Allah be pleased with him) said: “May Allah curse the women who do tattoos and those for whom tattoos are done, those who pluck their eyebrows and those who file their teeth for the purpose of beautification and alter the creation of Allah.” (al-Bukhaari, al-Libaas, 5587; Muslim, al-Libaas, 5538).

It was narrated that Abu Juhayfah (may Allah be pleased with him) said: “The Prophet (peace and blessings of Allah be upon him) cursed the one who does tattoos, the one who has a tattoo done, the one who consumes riba (usury or interest) and the one who pays it, and he forbade the price of a dog and the earnings of a prostitute, and he cursed the image-makers.”  (Narrated by al-Bukhaari, 5032).

So having tattoos done and tattooing is a major sin. The reason for it being haram has not been given but some scholars believe that it may be because it is changing the creation of Allah.

The curse is not permanent but it is lifted when a person sincerely repents to Allah for this mistake. So one should not feel doomed because they committed this mistake when they were in days of Jahilia (ignorance).
As for things which are not permanent such as henna painting on women's hands , feet and so on, they are not regarded as tattoos and are allowed in Islam.

Many times I received e-mails from non Muslims wishing to become Muslim and from New Muslims who had tattoos done when they were not Muslim. A person can become a Muslim even if they have had tattoos done to them or if they were involved in tattooing. You can do not have to remove them in order to become a Muslim. You can pray, do wudhu and do all your Islamic duties even if you have tattoos. This is because Islam erases all sins that a non Muslim committed before he or she became a Muslim.

Allah says
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful”
[al-Furqaan 25:70]

It was narrated that ‘Amr ibn al-‘Aas said: When Allah put Islam in my heart, I went to the Prophet (peace and blessings of Allah be upon him) and said: “Give me your right hand so that I may give you my oath of allegiance.” So he held out his hand, but I held my hand back. He said, “What is the matter, O ‘Amr?” I said, “I want to make a condition.” He said, “What is your condition?” I said, “That I be forgiven.” He said, “Do you not know that Islam wipes out whatever came before it, and that hijrah (migration for the sake of Allaa) wipes out whatever came before it, and that Hajj wipes out whatever came before it?”
(Narrated by Muslim, 121).

Its is also allowed to remove tattoos using modern medicine such as laser surgery.

AbuUbaida
Website Admin

Link:  http://www.muslimconverts.com/cosmetics/tattoos.htm.

 

Tuesday, October 25, 2011

Sharia law declaration raises concerns in new Libya

Oct 24, 2011
By Simon Martelli, AFP

TRIPOLI (AFP) - The announcement that Islamic sharia law will be the basis of legislation in newly liberated Libya has raised concerns, especially among women, despite Islamists insisting moderation will prevail.

Interim leader Mustafa Abdel Jalil said on Sunday, during his speech to the nation in Benghazi to formally declare the country's liberation from the ousted regime of Moammer Kadhafi, that sharia would be Libya's principal law.

"Any law that violates sharia is null and void legally," he said, citing as an example the law on marriage passed during the slain dictator's 42-year tenure that imposed restrictions on polygamy, which is permitted in Islam.

"The law of divorce and marriage... This law is contrary to sharia and it is stopped," Abdel Jalil said.

His comments have provoked criticism and calls for restraint both in Libya and in Europe, amid fears that the Arab Spring may give rise to a potentially intolerant Islamist resurgence.

Many Libyans awaiting Sunday's historic speech expressed surprise at the decision by the National Transitional Council leader to mention the role of sharia law in the new country before addressing such important issues as security and education.

"It's shocking and insulting to state, after thousands of Libyans have paid for freedom with their lives, that the priority of the new leadership is to allow men to marry in secret," said Rim, 40, a Libyan feminist who requested anonymity.

"We did not slay Goliath so that we now live under the Inquisition," she told AFP.

In his speech, Abdel Jalil also announced the introduction of Islamic banking in Libya in keeping with sharia which prohibits the earning of interest, or riba in Arabic, that is considered a form of usury.

Adelrahman al-Shatr, one of the founders of the centre-right Party of National Solidarity, launched just last week, said it was premature for the NTC leader to speak about the policies of the new state.

"It is a subject that should be discussed with the different political groups and with the Libyan people," he said.

"These declarations create feelings of pain and bitterness among women who sacrificed so many martyrs," in the eight-month battle against Kadhafi loyalists, he added.

"By abolishing the marriage law, women lose the right to keep the family home if they divorce. It is a disaster for Libyan women."

Western leaders also responded swiftly to Abdel Jalil's comments, with EU foreign policy chief Catherine Ashton saying on Monday Libya's introduction of sharia law must respect human rights and democratic principles.

Abdel Jalil, a respected former justice minister of Kadhafi who distanced himself from the old regime, is seen as a pious man and a Sufi follower of Islam who is at odds with extremism.

He has already said that the new Libya would not adopt any extremist ideology, and sought to reassure the international community by stating on Monday that Libyans were moderate Muslims.

Nevertheless, Libya's Islamists are a rising force in the country's political arena, some of whom, such as Abdelhakim Belhaj, the founder of the Al-Qaeda linked but now-disbanded Libyan Islamic Fighting Group (LIFG), are expected to hold prominent positions.

After suffering decades of persecution by Kadhafi, they are also working hard to present themselves as proponents of tolerant, democratic values and policies.

"The rules and laws (in new Libya) should take Islam as a basic reference," Islamist leader Sheikh Ali Sallabi, a supporter of Belhaj, told AFP.

He insisted that freedom, justice, equality and respect for human dignity should be enshrined in the new constitution, along with the peaceful rotation of power.

"We believe in the rights of others to show their programmes to the people, and to let the people decide," said Sallabi, who was jailed for eight years during the 1980s in Tripoli's notorious Abu Salim prison.

"We also believe in the freedom of the press and the right to self expression. We believe that our religion accommodates these rights," he added.

Friday, October 21, 2011

The Relationship Between: Taqleed, Mathahab (Madthabs), and Fatwa

October 20, 2011
written by: Sheila Quinn
Source: The Ummah Times

Qur’an:
“Those who follow the Messenger, the unlettered Prophet, whom they find mentioned in their own (scriptures), in the Taurat and the Gospel:-for he commands them what is just and forbids them what is evil: he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure);: he releases them from their heavy burdens and from the yokes that are upon them. So it is those who believe in him, honour him, help him, and follow the Light which is sent down with him,- it is they who will prosper.”
(Sura: A’raaf (The Heights); ayah #157).

“…This day I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as you religion.” (5:3)

“Say who hath forbidden the beautiful (gifts) of Allah, which He hath produced for His servants, and the things, clean and pure (which He hath provided) for sustenance?...”
(Sura: A’raaf (The Heights); ayah # 32.

“Oh ye who believe! Make not unlawful the good things which Allah hath made lawful for you,…”
(Sura: Maida (The Table Spread); ayah # 87.

Hadeeth
“Verily, I have left amongst you the Book of Allah and the Sunnah (Traditions) of His Messenger which if you hold fast, you shall never go astray.” (Sahih Muslim)
(Source: “Ar- Raheeq Al – Makhtum” (The Sealed Nectar; chapter: “The Farewell Pilgrimage”)


What is the relationship between these three? All three are contrary to The Qur’an and the Sunneh of Prophet Muhammad, and all three are misguidance. What is haram or forbidden in Islam? What is haram is that which The Creator, Himself, has forbidden in The Qur’an or in the Sunneh of Prophet Muhammad. Everything else is halal. Islam is the guidance of The Creator. It was completed during the lifetime of Prophet Muhammad.

What is Taqleed? What is Mathahab? What is Fatwa?

Taqleed is a Muslim form of personality cults. Anyone who is involved in taqleed perceive and treat a scholar/or a group of scholars as if he/they were a Prophet(s) of God. And therefore they follow that scholar or group of scholars. Anyone who is involved in taqleed is following a certain scholar/or scholars, and therefore is not following Prophet Muhammad.

Mathahab is plural for Madthab. Madthab is a certain "school" of Islamic Jurisprudence. There are four well known and accepted "schools of jurisprudence". Their function is to say if something is lawful or forbidden. Yet, it is Allah, Himself, who makes things lawful or unlawful. He made things clear in The Qur'an and in The Sunneh of Prophet Muhammad what is unlawful. He also made it clear in The Qur'an and The Sunneh of Prophet Muhammad that everything that He didn't make unlawful is in fact lawful. There is no need for the Mathahab. Allah knows everything. He knows what is in the future, as well as, what issues would come up in the future. Mathahab is a product of Taqleed-and therefore like Taqleed-it is a form of Shirk (giving partners to the One God).

Fatwa is the personal opinion of an Islamic Scholar as to the lawfulness of an item or behavior. Allah, Himself, is The One who makes things lawful and unlawful. He made it clear in both The Qur'an and The Sunneh what is unlawful(forbidden). Only Allah makes things unlawful. It is totally unacceptable for anyone else to say that something is unlawful when Allah did not make it unlawful.

Why are these three contrary to The Qur’an and The Sunneh of Prophet Muhammad? The Islamic Faith consists only of The Qur’an and The Sunneh of Prophet Muhammad. Anything else is not part of the Islamic Faith. Neither the personal opinions of this Sahabee or that Sahabee, nor the opinions of the Ulema (Scholars), are part of The Islamic Faith.

All three of them are misguidance. Every time that Allah sends guidance to humanity, He allows misguidance to follow. The misguidance that He allowed to follow after the death of Prophet Muhammad includes: Taqleed, Mathahab, and Fatwa.

Such statements are contrary to what is taught to Muslims by many scholars. But, why am I making such statements? Because, they are the truth! As slaves of Allah, we are obligated to speak the truth no matter what others might think or say. Such statements are based on The Qur’an and the Sunneh of Prophet Muhammad.

“ ‘And if you were asked about me , what wanted you to say?’ They replied: ‘We bear witness that you have conveyed the message and discharged your ministry.’ He then raised his forefinger skywards and then moved it down towards people while saying: ‘O Allah, bear witness.’ He said that phrase thrice….As soon as the Prophet had accomplished delivering the speech, the following Qur’anic verse was revealed to him:
‘…This day I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion.’ (5:3) Upon hearing this verse ‘Umar cried . “ What makes you cry?, he was asked. His answer was: ‘Nothing succeeds perfection but imperfection.’ “ (Source: “Ar-Raheeq Al Makhtum” (The Sealed Nectar) chapter: “The Farewell Pilgrimage”)

Guidance is perfection, whereas misguidance is imperfection. ‘Umar obviously was aware that after guidance from Allah was completed that misguidance would be allowed to come. Taqleed, Mathahab, and Fatwa is amongst the misguidance that came. The guidance of Allah was completed before the death of Prophet Muhammad- and misguidance was allowed to come after his death.

The following is some of the evidence from The Qur’an and the Sunneh:

“Those who follow the Messenger, the unlettered Prophet, whom they find mentioned in their own (scriptures), in the Taurat and the Gospel:-for he commands them what is just and forbids them what is evil: he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure);: he releases them from their heavy burdens and from the yokes that are upon them. So it is those who believe in him, honour him, help him, and follow the Light which is sent down with him,- it is they who will prosper.”
(Sura: A’raaf (The Heights); ayah #157).

“…This day I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as you religion.” (5:3)


“Verily, I have left amongst you the Book of Allah and the Sunnah (Traditions) of His Messenger which if you hold fast, you shall never go astray.” (Sahih Muslim)
(Source: “Ar- Raheeq Al – Makhtum” (The Sealed Nectar); chapter: “The Farewell Pilgrimage”)

Friday, October 16, 2009

Intolerance shows ignorance of Islam

Nowadays, the more "religious" some Muslims regard themselves to be, the less tolerant they are. The cause is a troubling intellectual decline of the Islamic civilization.

Wednesday, October 14,2009 02:39

by Mohamed El-Moctar El-Shinqiti Al-jazeera.net

Eighty years ago, Marmaduke Pickthall, the British scholar of Islam and translator of the Quran, wrote: "It was not until the Western nations broke away from their religious law that they became more tolerant, and it was only when the Muslims fell away from their religious law that they declined in tolerance."

While tolerance was regarded as irreligious in the Christian world, it was an essential part of Islam, but it is no longer credited to Muslims.

Nowadays, the more "religious" some Muslims regard themselves to be, the less tolerant they are. The cause is a troubling intellectual decline of the Islamic civilization.

While Muslims complain about the Western lack of understanding of Islam, this misconstruction in the interpretation of religious texts is unfortunately prevalent in the Muslim mind today.

The conversion to Christianity by Abdulrahman, the Afghan recently pardoned from his death sentence after much pressure from the West, and its repercussions illustrate this confusion.

Pertaining to the Islamic texts and principles, whether the Afghani apostate was mentally ill or not, the whole trial was nonsense.

Killing a person because of his intellectual choice contradicts the essence of Islamic principles of freedom of faith and worship, repeatedly emphasized in the Qur'an and the practice of Prophet Muhammad, may peace be upon him.

No compulsion in religion

Changing one's Islamic faith is a grave sin. It is a gross violation of the individual covenant with his God, but it does not, in any way, violate Islamic law.

The Qur'an repeatedly condemns those who change their Islamic faith, and warns them of a severe punishment on the Last Day.

But the Qur'an never prescribed a worldly penalty for apostasy. Therefore, if a Muslim wants to change his faith, so be it. Belief by definition emanates from the individual's heart. Islam is for brave believers, not fearful hypocrites.

The Qur'an is unequivocal that faith is a matter of personal choice and conviction; therefore no compulsory power should be used to compel people to adopt a certain belief or prevent them from changing their faith.

The Qur'an says: "Let there be no compulsion in religion: truth stands out clear from falsehood" (2:256); "Say (O Muhammad): This is the truth from the Lord of you all. Then whoever wishes, let him believe, and whoever wishes, let him disbelieve" ( 18:29 ).

Moreover, Muhammad was told in the Qur'an that his mission was to teach and preach, not to impose or compel: "remind them, for you are only a reminder. You are not a coercer over them" (88:21-22); "You are not one to overawe them by force. So admonish with the Qur'an those who fear My Warning!" (50:45).

Following this Qur'anic guidance, Muhammad never punished people for abandoning Islam, even though some of his contemporaries renounced their faith repeatedly, as recorded in the Qur'anic condemnation of "those who believed, then rejected faith, then believed again, then rejected faith again, and went on increasing in unbelief …" (4:137).

This is clear evidence that Muhammad did not want to punish people on account of their spiritual and intellectual choice.
Had there been a worldly punishment for apostasy in Islam, Muhammad would have been the first one to apply it. But he knew that he had no such authority from God.

Consequently, judgment of the matters of faith should be left to God on the Day of Judgment.

Morality vs. legality

One of the most unfortunate phenomena in Islamic culture today is the lack of distinction between morality and legality.
Judging a specific human behavior in terms of right and wrong is relatively straightforward and easy. But to be comprehensive and practical requires us to go a step further and determine whether that behavior should be categorized as illegal or immoral.
This distinction is very important once people or institutions decide to react to something that they believe to be wrong. An action can be legal but immoral, or vice-versa.
In Sharia (Islamic teachings) there is a clear distinction between morality and legality: nearly all Islamic teachings fall under the category of morality.
It is the responsibility of the individual believer to adhere to this morality in his personal life - a responsibility before God, not before people. No coercive means are to be used to impose Islamic morality.
This is because any coercion of this kind will have negative consequences; it will corrupt the moral conscience of the individual by transforming him from a God-conscious believer to a state-fearing hypocrite.
Islam wants the individual to be a servant of God, not a slave of the state. In Islam, all matters of faith and most of those of personal behaviors and preferences are of moral – not legal - nature.

Only about one per cent of Islamic teachings fall under the category of legality. This category is a set of laws (family laws, civil laws, penal laws, etc) that the legitimate Islamic government must impose, by exercising the authority of the state.
Only actions that harm other people or represent potential harm are a part of this category.

This includes the punishment for murdering innocent people or stealing their property.

It is generally agreed, in divine and secular laws that the primary responsibility of governments is to protect people's lives and possessions.

Unfortunately many Muslims today, including some self-appointed "scholars", do not clearly distinguish between morality and legality, a distinction that any keen student of law understands well.
This intellectual confusion allows some Muslim governments to intrude into personal convictions and preferences of their citizens, claiming that they are applying God's law.

By doing this, they simply cover up their illegitimacy and irresponsibility by infringing upon people's rights, and delving into issues that are not within their area of jurisdiction in Islam.

Treason vs. apostasy

A question might arise: If the Quran explicitly affirms the freedom of faith, why is there all of this controversy about killing apostates? Good question.
The problem starts with the misinterpretation of a few hadiths (sayings of Prophet Muhammad) suggesting capital punishment as a penalty for apostasy.
However, what the Prophet meant by those hadiths had nothing to do with intellectual choices related to faith; rather it is the political treason and military sedition within the community, which Muhammad was concerned about as a part of his political responsibility.

The source of this confusion is that the term "apostasy" (riddah in Arabic) was used in Islamic scripture with two distinct meanings: The first was private apostasy, which is an intellectual choice and has no punishment in Islam. All that Muslims are asked to do with a person who decides to renounce his faith is to remind him of the sacred covenant with his creator (God), and to advise him to repent.
The other use of the term is related to politico-military apostasy, which includes violent rebellion against the social peace of the community and its legitimate leadership.

Any person judged guilty of this crime is punishable under Islamic law, unless he repents and surrenders himself before he is caught by the authorities. This kind of apostasy is the equivalent of what we call high treason today.

Betraying one's society, through acts of high treason and military rebellion against its peace and harmony, is punishable under all divine and secular laws. Islamic law is no exception in this regard.
There are plenty of treacherous politicians and tribal leaders in Afghanistan today who are deservedly eligible for the punishment of high treason in Islamic law.

Some of them are now among the "respected" leaders of the new Afghanistan . Abdulrahman is evidently not one of them.