Hukm al-Ghina fi Madhhab al-Malikiyya
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- Editions
- Jarīdat al-Sabīl
Hukm al-Ghina fi Madhhab al-Malikiyya (The Ruling on Singing in the Maliki School) is a contemporary legal treatise by the Moroccan scholar Mustafa Bahou examining the stance of the Maliki school on singing and musical instruments .
Purpose and Background
Bahou completed the treatise in early Jumada al-Ula 1419 AH (September 1998 CE) . The work was written to refute claims—promoted by certain contemporary figures and cited in works such as al-Shawkani's Nayl al-Awtar—alleging that Malik ibn Anas and the jurists of Medina permitted singing and musical instruments, or that the issue represents an open dispute within the Maliki school . Bahou aimed to demonstrate that the authoritative, settled position across Maliki jurisprudence is the prohibition of instrumental music and singing, the invalidity of sales contracts involving instruments, the rejection of legal testimony from those who engage in them, and the obligation to confiscate and destroy them, with limited exceptions such as the simple frame drum (duff) at weddings .
Sources and Method
The treatise compiles textual rulings, consensus reports, and legal verdicts primarily from specialized Maliki monographs, many of which remained in manuscript form . Its primary sources include:
- Al-Zajr wal-Iqma' by Muhammad ibn al-Madani Kannun (d. 1302 AH) .
- Tahrim al-Ghina wal-Sama' by Abu Bakr al-Turtushi (d. 520 AH) .
- Imta' al-Asma' by Muhammad ibn Ahmad al-Rahuni (d. 1230 AH) .
- Taqyid fi Inkar al-Raqs wal-Tar by Ahmad ibn Muhammad al-Marnisi (d. 1277 AH) .
- Ibtal al-Shubah wa-Raf' al-Ilbas by Muhammad al-Ghali al-Lajjai (d. 1289 AH) .
- Al-Sayf al-Yamani by Mustafa al-Bulaqi (d. 1263 AH) .
- Jawab fi al-Raqs wal-Shattah 'inda al-Dhikr by 'Abd Allah ibn Muhammad al-'Abdusi (d. 849 AH) .
In addition to these specialized monographs, Bahou draws on major classical Maliki reference texts, such as Ibn Abi Zayd al-Qayrawani's Al-Risala and Al-Nawadir wal-Ziyadat, Ibn Rushd's Al-Bayan wal-Tahsil and Al-Muqaddimat al-Mumahhadat, al-Wansharisi's Al-Mi'yar al-Mu'rab, Al-Madkhal of Ibn al-Hajj, al-Qurtubi's Quranic commentary, and various commentaries on Khalil ibn Ishaq al-Jundi's Mukhtasar . Bahou clarifies that where classical jurists mention scholarly disagreement regarding singing, they refer strictly to vocal chanting unaccompanied by musical instruments, whereas instrumental music is subject to consensus on prohibition .
Structure and Contents
The book is structured into four main chapters followed by a conclusion:
- Chapter One: Focuses on the transmission of consensus (ijma') by Maliki and other scholars on the prohibition of singing, especially when accompanied by musical instruments .
- Chapter Two: Gathers the explicit narrations and statements attributed to Malik ibn Anas prohibiting singing and describing its practitioners as transgressive (fissaaq) .
- Chapter Three: Cites additional textual evidence and legal verdicts from foundational Maliki manuals and commentators across North Africa and al-Andalus .
- Chapter Four: Details the legal obligation to break musical instruments, dismantle commercial venues associated with them, and enact the duty of rectifying objectionable practices (taghyir al-munkar) .
- Conclusion: Summarizes the legal findings, reiterating that the authentic Maliki school upholds the prohibition of musical instruments, the nullity of their commerce, and the disqualification of testimonies of active listeners, excepting narrow allowances for wedding festivities .
Publication History
The treatise was published by the Moroccan newspaper and publishing house Jaridat al-Sabil . Following the exhaustion of its initial print run of 2,000 copies, a second revised edition with typographical corrections was issued in Dhu al-Qi'dah 1428 AH (December 2007 CE) .
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