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Sahih International

And they request from you, [O Muhammad], a [legal] ruling concerning women. Say, "
Allah gives you a ruling about them and [about] what has been recited to you in the
Book concerning the orphan girls to whom you do not give what is decreed for them -
and [yet] you desire to marry them - and concerning the oppressed among children
and that you maintain for orphans [their rights] in justice." And whatever you do
of good - indeed, 0Allah is ever Knowing of it.

yastaftouunaka - comes from the same root letters as fatwa. When islamic law known
as Shariah and concrete world of human affairs come together, the result of it is a
fatwa. Domain of legal procedure, or finding opposite situation, reading legal
books etc, rules of evidence , judgments, state enforcement , all of this belong to
a Qadi (judge) who issued BINDING OPINIONs. However issuing non binding opinions on
a particualr matter is termed fatwa or fataawa(plural).

Mufti was basically just a consultant(jurist consult). People asking questions was
called the mustafti( questionner). The mustafti would go to the mufti to ask a
fatwa. Both qadi and mufti specialised in handling everyday issues, questions etc.
Mufti was dealing with more religious points than Qadi.

Muftis didnt get too much attention in western scholarship because the concept of
being a consultant was unfamiliar. In historical settings , mufti were less
instituitionalised , mufti didnt have ties to political authorities, they were not
appointed like qadis. Over time situation changed. History needs to be looked at.
Prophet muhammad saw being a prophet or statesman, when he was in makkah he
announced the doctrine only (monotheism). therefore, most makkan verses dealt with
these subjects. The hijra to madinah then say the prophet saw establishing a
religio- political community called ummah. He started practised in ritual behaviour
, social relations, economy etc.

The activity of consultation involves 3 way relationship between god, prophet


muhammad saw and the muslim community.
Classical islamic activity of giving fatwa which was understood by later generation
of muslim scholars : a person approach the prophet for advice where prophet
muhammad saw wait for revelation.

prophet muhammad saw serving as a medium betweeen community and Allah.

in this day and age, the significance of mufti work rest on high degree of
responsibility that is carried by their opinions. Research focused on muftis and
their fatwas is very important but in the sense that all of us researching various
fatwa coz reading them refines our understanding of islamic law. for eg prostitute
of mamluk where lady near masjid had people coming to her and mufti received
complain and relocated her. BUT, the importnt point here is the fatwa itself, what
does the fatwa itself inform us?

the fatwa itself is not in question here , rather from a historian point of view,
skh uthman says that prostituition was popular at the time fatwa were given about
it and they would gt traffic because she was close to the masjid based on the fatwa
itself!

Understanding fatwas will help us understand the history! the above is a


generalisation just to show a picture but we cant deny that prostituition happened!

In taymiyya says that is it permissible for woman to wear turbans and resemble
beardless boys because they weren't making any money or they werent lustful to the
opposition people or towards their husbands,make braids, putting turbans and hair
inside their shirts.
it shows homosexuality was happening!
It is NOT a new thing!

Furu' al fiqh--> theoretical aspect of shariah dealing with the branches.

smtimes books of fatwa were compiled and combined. people combining fatwas of
different muftis.
important is to understand the context behnd a fatwa.

for eg someone ask ibn taymiyya about the gold patch that the kings or the mamluks
wear on top pf their slave, when gold is forbidden for men.
Now this shows men were wearing gold at that time!

across the globe fatwa is justcrazy since one does not know what;s happening.
remmeber its only a legal opinion and NOT BINDING. WE CAN REFUSE a fatwa.

MUSIC.

samaa-listening , refers to listenign to music, recitation, etc which brings wajd


(ecstasy).
orthodox or traditional muslims will say music is haram.

biggest promoters of music being permissible was ghazali. he says it is good and
should be there. he attemps to reconcile orthodox and sufism and says only music
can extraact th hidden things of the heart. non sufi outlaw music saying it is
haram. the controversy around music begins as earl as 3rd century. 6th cen knew big
debates.

debates included actions, places, clothign, musical instrument, lyrics that are
allowed or not in music.
lots of unbearded youth in ceremony and erotic poetry in sufism for love of god.

mUsic is always going to be there and is part of one;s life today.

during ummayad period, music flourished. annual hajj say musicians peforming,
continued during abbaside period. Despite the fact that theologians were allowd in
debates during abbasid period, where girls sang.
greek sciences like music was brought during al mahmoon period.

not universlly accepted but ihya ul uloom defends it. eventoday some say it is
fine. sufi say allowed coz it tends to awaken the soul

quranic proof for opoosants legalist who say music is poetry:


1. ch 26 ayt 224: And the poets - [only] the deviators follow them;

ibn jawzi 6 ce cited 3 verses which allegedly say singing is forbidden: ch 31 v 5


for eg.
he support it with the tradition wher he says certain exegis say these refers to
music.
Fact is that, the arguments are very weak. they stem from the fact that music and
singing are only IMPLICIT and INFERED.

ghazali's brother for eg, ahmad al ghazali says that these verses have to do with
poetry and is bad poetry. In one arration rasool saw say in petry there is wisdom.
Who listen to speech and follow the best of it. Those are the ones Allah has
guided, and those are people of understanding ch 39 v 18, he says speech here
refers to music as some said. just as the verses above, this is weak argument yes
but is similar to those above!
so both legalist and sufi are taking implicit verses and therefore both ways its
weak!

majmoo ul rasail by ibn taymiyya, one would expect he would be against music since
he was for literal interpretation of music but yet he divided music into 3:

1. lawful music.
it is listening to the quran, which is says should be read in melodious voice.

the prophet covered his ears when someoe played a flute but bukhari and muslim also
say buath day when abu bakr came girls playing tramboline and rebukes them but
nabi saw told them to continue.!
however ibn taymiyya and others say that it was not a custom thats y abu bakr
called it out.

others say it is permissible only on holidays.

the words of the hadith explicitly say there were singing although al hajj the
maliki say it was not singing but poetry in a high voice and abu bakr thoght they
were singing and nabi saw said it was ok , it was not singing.

in favor people quote an evidence that a slave , a cmel driver using his beautiful
voice affects camel to carry loads and die, this is in an arab tribe.

oppoonents cite ibn umar travelling with nafi heard a shepherd playing his pipe and
ibn umar plug his ears and run away. He say the prophet did the same. AL ghazalli
say it is not proof. Nabi saw himself did not ibn umar to cover and ibn umar did
not tell his servant nafi to cover!

another used, fudail bin ayad, say singing is a spell for fornication.
ghazali reply that this is only for those that gt people to commit fornication not
all music

another one in whch ibn masood say it grow hypocrisy in the heart like vegetables,
ghazzali replies, this only means to professional singer, there is a context.

in brief, some say permissible, others say no.

ibn tymiya say music is haram koz not mentionned in quran ghazali reply no , just
based on that. haram is clear.

sufi say baby lulled into sleep, ibn taymiyya rply pleasure doe snot make things
halal

sufi say on a spiritual plain music disturbevery clm heart, ghazali say just like
fire is hidden in iron and becomes manifest when iron is struck with a rockcn,
list. to music cause smthing into being in a man. it does arouse emotion in the
heart as ghazali says.

both sides have evidence.

from humanistic point, both have evd.


diff, of opinion goes back to a larger controversy between sufis and legalists.
Sufism originates from neoplatonism , sufi support eros therefore while hanbali
orthodox support nomos.
eros- soul is divine and is man connection togod, to long for him , ultimate
redemption is the soul connection to god
music make soul remmeber the celestial harmonieswhich it heard before being
separated from God before it came to the world into a living creature. the soul