Practical Laws: Jihad

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The opinion that affirms the permissibility of such a declaration for the qualified mujtahid who has the position of administering the affairs of Muslims, when he sees that expediency requires it; is not improbable. Rather, it is the strongest opinion.

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To defend Islam and Muslims is obligatory and does not depend upon the parent’s permission. Nevertheless, it is advisable to try to obtain their consent as far as possible.

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As long as they obey the rules and regulations of the Islamic government under which they live and do not do anything contrary to the treaty, their rule will be the same as that of mu‘āhids, [those who have a peace treaty with the Islamic state].

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It is not permissible. In case the infidels attack Islamic lands and a group of them are captured by Muslims, deciding the fate of the prisoners of war rests with the Islamic ruler and Muslims as individuals do not have such powers.

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According to Islamic law, shedding the blood of a respected soul without any right is forbidden and contradicts the rules of genuine Islam of the Holy Prophet Muhammad (s). Therefore, it does not make sense to say that the preservation of the genuine Islam depends on killing an innocent person. But if what is meant is the mukallaf’s commitment to jihad in the way of Allah, the Almighty, and defense of the genuine Islam of the Holy Prophet Muhammad (s) in cases in which he may be killed, the cases differ. If the mukallaf feels, on the basis of his judgment, that the very existence of Islam is in danger, it will be obligatory for him to rise for its defense, even if there is fear of being killed.

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Any music which is lahwī and deviates people from the way of Allah is ḥarām whether it is classic or not. To distinguish the subject of a ruling depends on the view of the mukallaf as a part of common people. There is no objection to other kinds of music in itself.

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The permissibility of listening to a cassette depends on mukallaf’s view. If he maintains that it does not contain ghinā’and lahwī music — which deviate people from the way of Allah — or untrue speech, then there is no objection to listening to it. Therefore, its sanction by the Islamic Propagation Organization or any other Islamic institute does not serve by itself as a shar‘ī proof of being permissible. It is not allowed to use musical instruments to produce ḥarām lahwī music which deviates people from the way of Allah. However, it is ḥalāl to use them for rational purposes. To distinguish the instances rests with the mukallaf.

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Lahwī and deviating music is that which due to its characteristics keeps human beings away from Allah, the sublime, and away from moral merits and drives them towards sinful acts and carelessness. Its recognition rests with the common people.

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The ḥarām type of music is lahwī music which deviates people from the way of Allah. However, the personality of the musician, the vocalized words accompanying the music, the venue, and all other circumstances may contribute to place it in the category of ḥarām, lahwī, and deviating music, or another ḥarām category, e.g., if the music, due to the mentioned things, leads to certain corruption.

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The criterion is to observe how the music is being played in all its characteristics and whether or not it is lahwī and deviates people from the way of Allah. Any music categorized due to its nature as lahwī and deviates people from the way of Allah is ḥarām, irrespective of whether it contains the element of excitement or not. Whether it engenders in the listener a state of melancholy and crying is also immaterial. Should reciting love poems to the accompaniment of music take the form of ghinā’ and lahwī songs which deviate people from the way of Allah and are suitable for gatherings of lahw and la‘ib, it is ḥarām to sing, or to listen to, them.

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Ghinā’ is to sing. If it is lahwī produced in a rise and fall pattern and deviates people from the way of Allah, it is ḥarām. The same rule applies to listening to it. Otherwise, it is ḥalāl.

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Such [rapping] should be judged by the way it is conducted, i.e., if it is of what people used to do in traditional wedding parties, is not considered lahw and deviating from the way of Allah, and no bad effect follows it as a consequence, there is no problem in doing so.

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To use musical instruments to play lahwī and deviating music is not permissible.

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Listening to ghinā’ which is lahwī and devites people from the way of Allah is absolutely ḥarām, be it at one’s home alone or in the presence of others, even if one does not get aroused.

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Passing a fatwā in favor of, or against, listening to music is not a hukm — governmental ruling — rather a shar‘ī jurisprudential one. It is the duty, therefore, of every mukallaf to adhere to the fatwā of his/her marji‘. However, should the music not be of the type which is suitable for the gatherings of sin and lahw which deviates people from the way of Allah and leads to bad consequences, there is no evidence for making it ḥarām.

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Ḥarām ghinā’ involves the rise and fall of the voice in a way that is lahwī and deviates people from the way of Allah. It is a sinful act, which is ḥarām for both the singer and the listener. As for music, it is to play musical instruments. If it is done in a way that is played in gatherings of sin and lahw, it is ḥarām for both the musician and the listener. Otherwise, it is permissible in itself and there is no objection to it.

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Should the cassettes contain lahwī ghinā’ or music which deviate people from the way of Allah and are suitable for the gatherings of sin and lahw, it is not permissible to listen to them. However, if you are forced to attend such a place, there is no harm in your going and working there provided that you do not listen to the ghinā’, albeit the sound reaches you and you hear it.

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Attributing the ruling of absolute permissibility of music to the late great leader Imam Khomeini (q.) is baseless and a fabricated lie. He was of the opinion that a piece of music, which is suitable for the gatherings of sin, is ḥarām. However, the difference of opinion stems from varying identification of rulings’ subject matter which rests with mukallafs. For example, the musician may disagree with the listener’s point of view. In this case, what the mukallaf regards as lahwī which deviates people from the way of Allah and is suitable for the gatherings of sin and lahw is ḥarām for him to listen to. As for the sounds which fall in a grey area, the ruling in their regard is that it is permissible to listen to them. The mere broad-casting [songs and music] by the radio and television is not legitimate evidence that it is ḥalāl and permissible.

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If you are convinced that it is a lahwī type of music which deviates people from the way of Allah, you are not allowed to listen to it. As for preventing other people from listening to it, by way of forbidding that which is the evil, this depends on their view, i.e., if they consider it a ḥarām type of music as well.

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It is ḥarām to listen to lahwī ghinā’ or music that deviates people from the way of Allah and is suitable for the gatherings of lahw and sin, regardless of the language it is composed in or the country of origin. Accordingly, it is not permissible to buy, sell, or distribute such cassettes, should they contain the lahwī ḥarām type of music and singing. By the same token, it is not permissible to listen to them.

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Ghinā’ is ḥarām if it is lahwī and deviates people from the way of Allah. Thus, it is neither permissible to sing ghinā’ nor to listen to it, regardless of whether the singer is a man or a woman. Whether singing is broadcast live, or to listen to its cassettes, and whether it is accompanied by tunes from musical instruments or not, does not change the ruling in any way.

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It is not at all permissible to play lahwī and deviating music, even in venues outside the masjid and for a sensible lawful reason. However, there is no objection to revolutionary martial chanting to the accompaniment of musical tunes in holy places on the occasions which warrant that provided that it does not go against the sanctity of the place or pose any nuisance to the worshippers and praying persons in such places as masjids.

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There is no objection to using musical instruments to play non-lahwī tunes if it is for revolutionary or religious chanting or carrying out useful cultural and other programs aiming at rational and ḥalāl purposes provided that no bad consequence may result. Also, learning and teaching playing music for the above mentioned causes are no problem.

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If her voice is considered as ghinā’ which is lahwī and deviate people from the way of Allah, listening to it is not driven by lust, or it leads to a bad consequence, it is not allowed. What is mentioned in the question makes no difference.

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Should it, according to the common view, be judged as a lahwī form of music that deviates people from the way of Allah and is suitable for the gatherings of lahw and sins, it is absolutely ḥarām and your interest in listening to Arabic language does not justify it.

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It is absolutely ḥarām to listen to lahwī music which deviates people from the way of Allah and is suitable for the gatherings of lahw and sins. Yearning to listening to the Arabic language per se is not a shar‘ī justification for such an act.

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It is ḥarām to sing in a lahwī manner which deviates people from the way of Allah, even if it is not carried out to the accompaniment of music. Just repeating poem does not make it ḥarām.

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There is no problem in buying and selling musical instruments that serve dual purposes, intending to use them in playing non-lahwī tunes.

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Ḥarām ghinā’ is a song accompanied by a rise and fall, which is suitable for gatherings of lahw and sin — is absolutely ḥarām, even if it is used in reciting supplications, the Holy Qur′an, adhān, elegies, etc.

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Should sincere medical opinion be supportive of this, in that treating an illness depends solely on it, there is no problem in that provided it is in keeping with the requirements of the treatment.

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Increasing husband’s libido per se is not a lawful excuse for listening to ḥarām ghinā’.

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If singing is accompanied by deviating lahwī rise and fall of voice or the music accompanying it is lahwī, deviates people from the way of Allah and is suitable for the gatherings of sin, it is ḥarām.

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With due consideration to the status of the musician or the singer during playing music or singing, the content, and the nature of music or song, any lahwī type of music or vocalization with a rise and fall in voice that deviates people from the way of Allah and is suitable for the gatherings of lahw and sin is ḥarām, even if it does not lead to stimulation in the listener. The users of vehicles and buses must not listen attentively to what is being played of ḥarām lahwī music and ghinā’ songs; they should also practice forbidding the evil.

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It is absolutely ḥarām to listen to ḥarām ghinā’ which is characterized by rising and falling voice which deviates one from the way of Allah, even if it is done by wife or husband for the other. The purpose of enjoying being with one’s wife per se is not a justifiable reason to make listening to ghinā’ permissible. However, prohibition of ghinā’, and the like has been proven by way of being bound to Sharī′ah law and it stands on firm ground in Shi′ah jurisprudence. Thus, it is not contingent on imaginative reasons and psychological and social factors. Rather, as long as the word “ghinā’” or the like is applied to a case, it is ruled to be absolutely ḥarām and should be avoided.

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In itself, there is no problem in using the musical instruments for composing revolutionary recitals, making religious programs, and holding useful cultural and educational activities, nor is there any harm in buying and selling these instruments for these stated purposes. Also, there is no objection to teaching and learning it for such aims, nor is there any objection to female students attending such classes provided that they uphold the obligatory ḥijāb and other Islamic regulations. Of course, it should not be conducted in a way which is considered as promoting and encouraging music.

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If the listener maintains that as per common view they are not lahwī and deviating from the way of Allah, there is no problem in listening to the songs. Thus, neither the intention of the singer nor the content has anything to do with this ruling.

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There is no harm in this person’s work, albeit it is ḥarām for him to listen to ghinā’ and lahwī music. In circumstances where he is compelled to enter places where the ḥarām type of singing and music are taking place, he is allowed to do so provided he avoids listening to them. There is, though, no problem in hearing such singing and music involuntarily.

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The ruling on hearing ḥarām lahwī singing and music is not the same as that of listening to them except in certain situations when, according to the common view, hearing amounts to listening.

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There is no objection to reciting Qur’an in a beautiful and melodious voice commensurate to the greatness of the Holy Qur′an; it is, indeed, preferable so long as it does not amount to unlawful singing. However, playing music, while the recitation is in progress, has no shar‘ī justification.

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The use of musical instruments in a lahwī manner that deviates one from the way of Allah is absolutely ḥarām.

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Musical instruments which, according to the common view, are of dual — ḥalāl and ḥarām — purpose, can be used in a non-lahwī manner for lawful purposes so that it does not deviate one from the way of Allah. Instruments, which the common view regards as special to the production of lahwī deviating music, are not permissible to use.

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There is no harm in the use of musical instruments to play tunes for revolutionary chanting, national anthems, or any other ḥalāl and useful pursuit unless it is lahwī, deviates people from the way of Allah, and is suitable for the gatherings of sin. Also, in itself, there is no problem in manufacturing musical instruments or teaching and learning music for the aforementioned purposes.

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Instruments used mainly for lahw and producing what deviates people from the way of Allah, which causes deviations in thoughts and beliefs and have no ḥalāl benefit, are regarded as lahw instruments.

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It is ḥarām to copy any audiocassette listening to which is considered ḥarām, or to charge for that service.

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Men's dancing is – by obligatory caution - ḥarām. If a woman's dancing among women is categorized as lahw - e.g. the woman's gathering becomes a dancing gathering, it is problematic and should be – by obligatory caution – avoided. If dancing entails sexual excitation or committing a ḥarām act (like ḥarām music/singing), a non-mḥram man is there, or leads to bad consequences, it is not permissible. As far as this rule is concerned, there is no difference between wedding parties and other gatherings. If participating in dancing parties is done by way of supporting the commission of ḥarām by others or leading to committing a ḥarām act, it is not permissible either. Otherwise, there is no harm in it.

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If a woman's dancing among women is categorized as as lahw - e.g. the woman's gathering becomes a dancing gathering, it is problematic and should be – by obligatory caution – avoided. It is also ḥarām if dancing entails sexual excitation, the commission of a ḥarām act, or leads to bad effects. Accordingly, leaving the party as a kind of protest against the ḥarām act is obligatory if it is a case of forbidding evil.

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Men's dancing is – by obligatory caution - ḥarām. If a woman's dancing among women is categorized as lahw - e.g. the woman's gathering becomes a dancing gathering, it is problematic and should be – by obligatory caution – avoided. It is also ḥarām if dancing entails sexual excitation or committing a ḥarām act (like ḥarām music/singing), a non-mḥram man is there, or leads to bad consequences.

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It is not permissible if watching it leads to exciting sexual passion, supporting the action of the wrongdoer, daring them to do so, or entails bad effects.

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There is no objection to attending wedding parties where dancing may take place provided that it is not regarded as a manifestation of approval, on the part of the partaker, of the misdeeds of the wrongdoer and does not entail the commission of any ḥarām act.

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Should it be done without the commission of any ḥarām act, there is no harm in it.

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If it is of the ḥarām type of dance, it is ḥarām, even though the parents do it in their offspring’s wedding party.

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Dancing of a woman in the presence of non-maḥrams is absolutely ḥarām. Going out of her home without her husband’s permission is also ḥarām in itself; she is regarded as rebellious. Accordingly, she does not enjoy the right of maintenance.

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Dancing of women before non-maḥram men and every dancing which may entail a bad effect and arousal of sexual desires are ḥarām. Playing music and listening to it is also ḥarām if it is done in a lahwī manner and deviates one from the way of Allah. In this case, the onus is on the mukallaf to forbid the evil.

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There is no obligation on the child, male or female, which has not attained age of ritual maturity yet. However, it is not good for adults to encourage the child to dance.

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Establishing centers for teaching and promoting dancing goes against the objects of the Islamic system.

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What is forbidden of dance is universal, i.e., irrespective of whether it is done by a man, a woman, or in the presence of one’s mḥram or non-mḥram.

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There is no problem in it in itself, should it be a kind of recreational sporting game, and provided no harm would befall the participants. As for the use of musical instruments in a lahwī deviating (from the way of Allah) manner, it is not permissible.

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If it is considered as a kind of dancing as per common view, the rules of dancing are applied to it.