The Jurisprudence of Singing and Music Part 1: Islamic Jurisprudence and Music Insights

This book seeks to provide a detailed, thematic, and comparative analysis of the rulings pertaining to various forms of sound, music, and associated activities. Drawing upon an extensive understanding of phonetics, musical structures, and vocal techniques, as well as a profound engagement with jurisprudential sources and requisite psychological insights, it aims to elucidate the legal status of sound, voice, ghina (melodic singing), music, tarab (musical rapture), tarji‘ (repetitive chanting), lahw (frivolity), laghw (futility), la‘b (play), batil (falsehood), dance, clapping, snapping, ecstasy, exultation, joy, delight, and pleasure. The study addresses these subjects comprehensively and argumentatively, encompassing all facets of music, sound, voice, and associated expressions of joy, such as dance.

Ghina, music, and dance are topics that have yet to be subjected to a thorough and cohesive investigation. Existing monographs, though limited in number, fail to provide clear, definitive, or articulate conclusions. Many authors, including jurists and scholars, have lacked sufficient knowledge of musicology and related disciplines, approaching these subjects merely conceptually or linguistically. Moreover, ghina, music, and recreational activities in general have often been manipulated by political agendas. Some scholars, due to their reverence for sanctity, have entirely shunned these matters, while others who pursued musicology or related sciences faced accusations without substantiated evidence. Nevertheless, a select few Islamic philosophers and scholars have possessed considerable expertise in musicology.

This book examines ghina, music, and dance, providing essential historical context and establishing the criteria and rationale for their rulings. It also incorporates insights from music therapy, dance therapy, and joy therapy as appropriate. The study prioritises primary sources of legal rulings—namely, the Qur’an and Sunnah—offering an in-depth analysis of relevant textual evidence. The objective is to uncover and articulate divine rulings on these matters, irrespective of the outcome, through rigorous scholarly inquiry.

We have titled this work Jurisprudence of Ghina and Music. Here, ‘jurisprudence’ does not refer to the conventional understanding, which focuses solely on deriving rulings without regard for subject matter or rationale. Instead, it denotes a jurisprudence that integrates a thorough understanding of the subject and its criteria to formulate rulings. Such an approach necessitates the integration of rational sciences, sociology, psychology, and other relevant disciplines into the jurisprudential process. Just as law is recognised as a pioneering discipline in the modern era, a legal system grounded in Shi‘i principles must be established. Likewise, Islamic governance should manifest as a philosophy of social trust rather than authoritarian discipline. Jurisprudence must emerge from its imposed obscurity, born of rigid methodologies, and return to its liberated essence: a comprehensive understanding of religious-scientific propositions and the delineation of a balanced economic life.

Jurisprudence, in this sense, entails grasping the intent of the Lawgiver, requiring proficiency in the linguistics of jurisprudential texts and, indeed, the language of all religious propositions. This prevents the jurist from falling into one-dimensional religious interpretations. Understanding the Lawgiver’s intent hinges on possessing their epistemological framework, rather than relying solely on isolated statements or unilateral analyses of terms without considering the primary objective. Jurisprudence is replete with propositions where implied meanings, metaphors, and allusions outweigh explicit statements. The Lawgiver embeds intentions within jurisprudential texts, necessitating meticulous discovery and deduction. Superficial reliance on the literal meaning of terms distances the nominal jurist from the intended purpose, whereas the true jurist attains the Lawgiver’s objectives by grasping the subject, criteria, and the broader epistemological system of the sacred Lawgiver.

A governance based on superficial jurisprudence risks distorting and undermining religion, rendering the Shari‘a ineffective. Jurisprudence, as the most pivotal aspect of religion, underpins law and shapes societal frameworks. Clichéd or superficial applications of jurisprudence, particularly in a society governed by its values, can provoke anti-jurisprudential social currents. Historical parallels, such as the Safavids, who built their movement on superficial dervish clichés, demonstrate this. Lacking scholarly or popular support, they declined into incompetence and extinction. Today, the dervish movement has waned, either aligning with foreign influences or appealing to simplistic, superficial spiritualists.

Conversely, a jurisprudence rooted in subject identification and criterion establishment eliminates baseless imitation, which aligns with complacency and negligence. It fosters rigorous, evidence-based inquiry, justifying religious propositions and elucidating their wisdom. Such a jurisprudence can engage in dialogue with liberal democratic law and secular philosophies. Just as the United Nations and governments operate through law and jurisprudence, rather than philosophy or mysticism, this underscores jurisprudence’s critical role in human life. Criticisms of jurisprudence often target jurists’ approaches to religious propositions, misconstrued as attacks on jurisprudence itself. The modern academic world embraces any discipline that articulates its scholarly merit and engages in contemporary scientific discourse, provided it is methodologically rigorous.

Among the disciplines serving jurisprudence are sociology and psychology, which significantly influence the process of deriving fatwas. Jurisprudence requires subject identification, and understanding the societal context of the obligated is integral to this. Without this, a jurist may erroneously apply a ruling to an irrelevant subject. Many jurists’ purely devotional approach to rulings, neglecting subject identification, has marginalised disciplines like sociology and psychology. However, a jurisprudence that prioritises subject and criterion identification recognises its dependence on these social sciences, fostering their development and expanding the scope of jurisprudential prerequisites.

This work, beyond exhaustively analysing textual sources on ghina, music, and associated expressions of joy (e.g., dance, foot-stamping, and hand-waving), incorporates psychological and sociological perspectives. It thoroughly examines the views of independent jurists, critically evaluates their opinions, and addresses the perspectives of their followers, while maintaining a historical progression. Volumes four and five specifically survey the opinions of jurists from the Occultation era to the present, with particular emphasis on critiquing Shaykh Ansari, regarded as a preeminent Shi‘i jurist and mentor to later scholars.

The book systematically reviews the perspectives of jurists from the fourth century AH to the present, including:

Scholars of the Fourth to Tenth Centuries:

Shaykh Saduq (d. 381 AH)

Shaykh Mufid (d. 413 AH)

Shaykh Tusi (d. 460 AH)

Ibn Idris (d. 598 AH)

Muhaqqiq Hilli (d. 676 AH)

Allama Hilli (d. 726 AH)

Shahid Thani (d. 965 AH)

Muqaddas Ardabili (d. 993 AH)

Jurists of the Eleventh and Twelfth Centuries:

Shaykh Bahai (d. 1030 AH)

Muhaqqiq Sabzawari (d. 1090 AH)

Shaykh Ali Amili (d. 1104 AH)

Fayd Kashani (d. 1115 AH)

Abu Hamid Ghazali (d. 505 AH)

Shaykh Hurr Amili (d. 1104 AH)

Mir Lawhi (d. 1113 AH)

Muhammad Darabi (c. 1130 AH)

Shaykh Yusuf Bahrani (d. 1186 AH)

Scholars of the Thirteenth Century:

Sayyid Muhammad Jawad Husayni Amili (d. 1226 AH)

Shaykh Muhammad Hasan Najafi (d. 1266 AH)

Shaykh Ansari (d. 1218 AH)

Jurists of the Fourteenth and Fifteenth Centuries:

Shaykh Muhammad Hasan Mamaqani (d. 1323 AH)

Aqa Sayyid Ahmad Khwansari (d. 1405 AH)

Imam Khomeini

Ayatollah Khoei

Ayatollah Golpayegani

Ayatollah Mar‘ashi Najafi

This book, underpinned by comprehensive knowledge of music, dance, and thorough subject expertise, combined with jurisprudential ijtihad and sociological, psychological, and philosophical specialisation, is poised to resolve longstanding debates in the radiant era of the Islamic Revolution. This period, marked by the institutionalisation of religious commitment, the exposure of anti-religious elements, and the unmasking of hypocritical and malevolent actors, demands such a work. It may serve as a definitive reference or a catalyst for profound, multifaceted research into musical melodies, though dogmatic thinkers may resist abandoning entrenched traditions.

With its nuanced and meticulous approach to rulings, this book can serve as a reliable source for drafting comprehensive legislation in national censorship sectors, including the Ministry of Culture, state media, and institutions related to entertainment and leisure. All recreational activities and musicology require legal frameworks, and musicians, legislators, and regulators must be well-versed in these laws. Regrettably, over two decades after the Islamic Revolution, this remains a gap in the Islamic system, causing challenges for regulatory bodies. This book aims to pave the way for addressing this deficiency.

The findings of this book, excluding its jurisprudential arguments, are presented in Logic of Music, where ‘fallacies of ghina studies’ are addressed in a distinct style, simplifying the complexities of this work. Additionally, Analytical History of Music in Islam provides a more comprehensive historical treatment of music. Critics of this book are advised to study these complementary works. Further, Jurisprudence of Purity and Joy explores the philosophy of art, entertainment, and joyful activities, while Jurisprudence of Gambling addresses the jurisprudence of wholesome competitions.

And all praise belongs to Allah, Lord of the worlds.

Chapter One: Jurisprudence and the Necessity of Understanding Music

Mathematics: The Origin of Musicology

In ancient philosophy, music was regarded as a branch of mathematical science. The eminent Islamic philosopher Avicenna (Ibn Sina) includes musicology in his philosophical work Al-Shifa’. Ancient philosophy encompassed a broad array of sciences, and a philosopher was expected to master them all. Avicenna, concluding his treatment of mathematics in Al-Shifa’, addresses the science of music.

In his Nasirean Ethics, Khwaja Nasir al-Din Tusi, translating Taharah al-A‘raq, divides theoretical philosophy as follows:

“One is the science of that which does not require material association for its existence, and another is the science of that which cannot exist without material association. The latter is further divided into two: that which does not require material association for its conceptualisation, and that which is known through material association. Thus, theoretical philosophy comprises three branches: metaphysics, mathematics, and natural science.”

Theoretical philosophy addresses either material or immaterial entities. Its subjects may depend on matter for existence or conceptualisation. If neither existence nor conceptualisation requires matter, it is termed ‘divine science’. If matter is required only for existence, it is ‘mathematics’. If both existence and conceptualisation depend on matter, it is ‘natural science’.

Divine science encompasses knowledge of God, His active attributes, and metaphysical entities such as intellects, celestial souls, and universal principles like unity and multiplicity, constituting first philosophy. Knowledge of prophethood, imamah, wilayah, resurrection, and metaphysical phenomena falls within this domain.

Mathematics includes principal branches such as geometry, arithmetic, astronomy, and ‘composition science’, which, when applied to sound, is termed ‘musicology’. Its secondary branches include optics, algebra, mechanics, and certain occult sciences like geomancy and astrology, which rely on mathematical preliminaries, though their realisation transcends these foundations.

Musicology belongs to the third category of philosophical sciences: those requiring matter for existence but not for conceptualisation. It serves as a bridge between divine and natural sciences, akin to arithmetic operations like addition or subtraction, which require no material basis. Tusi limits foundational sciences to theology, physics, and mathematics, though their interconnections, particularly within mathematics, are elaborated in our work Science of Life.

Based on this philosophical classification, music is a branch of mathematics, a cornerstone of philosophy. A philosopher ignorant of these sciences is deficient in philosophical understanding. Mathematics rests on four pillars:

Geometry: The study of magnitude, its properties, and corollaries, addressing continuous quantity.

Arithmetic: The study of numbers and their properties, addressing discrete quantity.

Astronomy: The study of celestial bodies, their relations, and their influence on terrestrial entities.

Composition: The study of harmonic ratios and their states, termed ‘musicology’ when applied to sound, involving the arrangement and structuring of sounds.

Musicology, akin to phonetics, acoustics, and prosody, involves composing and arranging sounds. Professional musicology necessitates knowledge of general sciences, natural sciences, arithmetic, and geometry. For instance, extending a sound resembles a geometric line, while vocal trills resemble numerical sequences. In ancient philosophy, extending a sound, such as in Qur’anic recitation, is considered a continuous quantity.

However, we diverge from this view, considering sound a discrete entity rather than a continuous quantity. In our philosophical system, which rejects essentialism, distinctions like substance and accident are reframed. We deny continuity in phenomena, viewing all entities as discrete arrangements bound by love. Sound, like number, is a discrete entity, not a continuous quantity—a perspective to bear in mind throughout this book to avoid conflating our view with ancient philosophy.

Speech and verbal creation arise from the vibration of air and vocal cords, producing sound. Regardless of wavelength, sound remains a unified, discrete reality. In our philosophy, nothing is continuous; phenomena are composed of discrete particles arranged cohesively. Sound, like number, is a discrete entity with unity across its manifestations, akin to evenness in numbers, where no gradation exists.

The harmony and proportionality of composed sounds underpin their beauty and appeal. For example, elegant calligraphy requires proportional letters, beautiful poetry demands harmonious words, and an animal or face is deemed beautiful when its parts are balanced. Sound, too, is beautiful when its pitch, tone, duration, and articulation are harmonised, constituting ghina. Musicology studies these proportional arrangements, discussing note sequences, pitch variations, and other discrete sound characteristics. The jurist then evaluates whether engaging with such harmonic compositions is permissible or forbidden.

Instrumental harmony is termed ‘rhythm’ (iqa‘), and the oud serves as a measure for distinguishing authentic from corrupt ghina, akin to logic distinguishing true from false propositions. Musicology discerns, for instance, when a performer shifts improperly between musical modes, ensuring the purity of sound composition.

Avicenna, in Al-Shifa’, defines musicology thus:

“It is time to conclude the mathematical section of philosophy by presenting the essentials of musicology, focusing on its intrinsic aspects, principles, and derivatives, without elaborating on numerical principles or arithmetic derivatives… Before delving into this science, we present a premise derived from experiential observations and sound intuition, blended with philosophical rulings and practical approaches. Sound, among sensory phenomena, possesses a unique sweetness as sound, pleasing or displeasing the sense not due to excessive intensity… but through its composition or evocation. The pleasure or discomfort it imparts pertains to the discerning faculty of the soul, not merely the auditory sense. Music is a mathematical science examining the states of melodies in terms of their harmony or dissonance and the intervals between them, to understand how to compose a tune. This definition encompasses two inquiries: the states of melodies (termed ‘composition’) and the intervals between them (termed ‘rhythm’). Each relies on principles from other sciences—numerical, natural, and occasionally geometrical.”

In simpler terms, Avicenna seeks to conclude the mathematical branch of philosophy by outlining musicology’s essentials, focusing on its inherent principles. He notes that sound, as a sensory phenomenon, has an intrinsic sweetness, pleasing or displeasing based on its composition or evocation. Musicology, as a mathematical discipline, studies melodic harmony and intervals, comprising composition (melodic states) and rhythm (temporal intervals), drawing on numerical, natural, and geometrical principles.

Sound: The Subject of Music

The subject of music is sound. Human sound is produced by the expulsion of breath through the vocal cords. A portion of these vocal cords is located in the larynx. Air moves from the lungs and strikes these cords, causing the muscles in the larynx and the vocal cords to vibrate. When air exits the lungs—akin to the tumultuous waves of the sea—and collides with these cords and the nasal passages, sound is formed.

We define sound as follows: Sound is any motion that generates a wavelength. This motion may occur in material or immaterial phenomena. Since no phenomenon in the universe is devoid of motion, it follows that no phenomenon is without sound. Every phenomenon produces sound, but perceiving the sound of a phenomenon requires auditory tools attuned to its specific wavelength and frequency, capable of registering its particular decibel level.

Definitions of sound found in various texts often fail to capture its essential meaning, instead incorporating material characteristics. A proper definition must be comprehensive and exclusive, applicable to all instances across all realms, irrespective of the specific attributes of those instances. Some define sound as: “Any tone emitted from the mouth without employing the articulatory organs.” According to this view, sound is not merely what is audible to the ear; rather, audibility is a passive attribute of sound. Human sound involves the vibratory excitation of the vocal cords in the larynx and throat. It should be noted that when sound is reflected, it is referred to as voice.

Contraction and Expansion of Sound

As sound arises from wave-inducing motion, it possesses the qualities of contraction (qabḍ) and expansion (bast). These qualities are contingent upon motion and thus permeate all phenomena and existence itself. The breath of the Merciful (nafas al-raḥmān) or the divine exhalation also exhibits contraction and expansion. In the material world, this manifests in electrical systems as the duality of phase and neutral wires. Sound, too, follows the system embedded in all phenomena, arising from the contraction and expansion of existence and its phenomena, producing specific wavelengths.

When applied to musicology, the contraction and expansion of phenomena are termed composition (ta’līf) and rhythm (īqā‘). The juxtaposition of two notes constitutes composition and contraction, while the binding and release of sound represent rhythm and expansion. Rhythm determines where sound is constrained or released, where it curves or breaks, where it becomes subtle or pronounced. Sound is constructed from strike (naqra) and rhythm. A strike refers to the articulation of a letter or the striking of a musical instrument, resulting from physical contact. In prosody, a strike equates to a letter, which is either dynamic or static, giving rise to causes (sabab), pegs (watad), and intervals (fāsila). In both prosody and music, the execution of a musical mode requires precise coordination of strikes.

As previously stated, all phenomena manifest through contraction and expansion. All levels of existence and its phenomena are the word of God and the sound of the Divine, as the universe appears through contraction and expansion, embodying the attributes of beauty (jamāl) and majesty (jalāl). The expansion of the Divine corresponds to beauty and its attributes, while contraction corresponds to majesty and its attributes. Everything in the universe is realised through proximity and distance, union and separation, and connection and disconnection.

Sound is contingent upon the motion of existence and its phenomena. The motion of phenomena is circular and cyclical. All motions—whether existential, amorous, aspirational, natural, or coerced—are oriented toward proximity or distance, union or separation. If motion is loosely defined as “the emergence of a thing from potentiality to actuality,” it implies a separation from potentiality and an arrival at actuality through contraction and expansion. Thus, all phenomena manifest through proximity and distance, connection and disconnection, union and separation. Since every motion generates sound, all phenomena possess sound, and all sound is ultimately the sound of the Divine.

The Narrative Function of Sound

Sound possesses the qualities of contraction and expansion, an apparent reality, and a capacity for signification. Signification is of three types: rational (e.g., Zaid’s voice from behind a wall indicating his presence), natural (e.g., a pale complexion signifying fear or anxiety), and conventional. Sound and voice encompass all three forms of signification.

For instance, a sound produced in the Shushtari mode conventionally signifies sorrow and melancholy, while one in the Isfahan mode conveys restlessness and tender charm. The voice of a singer or musician, along with the mode employed, reveals their emotional state. Not only does “the colour of the face betray the secrets within,” but melody and tune also unveil hidden emotions. Skilled physicians in the past could diagnose certain ailments or psychological disorders based on a patient’s voice. Sound reflects an individual’s inner states. For example, the breathing pattern of a healthy person can indicate whether they are under the influence of divine attributes of beauty, majesty, or perfection, or whether they are sinful or obedient. Similarly, one who sings in the Bayat Turk mode may be in a state of intoxication, while one who channels their voice in the Shur mode harbours inner turmoil. In Islamic law, sound is given significant importance, with emphasis on loudness, softness, measured recitation, and melodic chanting, the neglect of which may lead to sin.

All manifestations and phenomena in the universe exhibit contraction and expansion, and sound is no exception. For instance, individuals who experience contraction while awake may, upon falling asleep, transition to expansion as their muscles relax. In this state, the tissues in the nasal passages loosen, allowing sound to emerge freely, resulting in snoring. Unconsciously, each person’s snoring aligns with a musical mode. The same breath that produces snoring can, when awake and channelled through a flute, create harmonious sound.

Sound: A Natural Phenomenon with Heavenly Sweetness

Sound is a natural manifestation of all phenomena, and one cannot oppose what is inherent to the natural order; rather, natural truths must be accepted. However, accepting natural truths does not mean disregarding the boundaries set by Islamic law. Religious teachings safeguard and refine untamed nature, guiding it through disciplined instruction.

Avicenna, in the previously cited passage, eloquently reflects:

“Sound has its own sweetness, and if one does not partake of it, they will not find it elsewhere.”

Indeed, sound possesses a heavenly sweetness, and those who fail to appreciate it are deprived of a profound gift. God has instilled sound in human nature and all phenomena. The capacity to produce sound is an undeniable force inherent in the nature of all entities. Sound, melody, tone, rapture, extension, and trilling are attributes shared by all phenomena, with nature abounding in them. Among these, humans excel in singing, surpassing even the nightingale and canary in the beauty of their voice. As humans possess a comprehensive station, they can manifest the perfections of other phenomena. In contrast, other phenomena, lacking this comprehensive station, are limited to specific perfections and produce sound in a singular manner.

Frivolous, Spiritual, and Rational Sound

As noted, sound arises from motion, and since motion is inherent in existence and its phenomena, nothing is devoid of sound. Avicenna posits the soul (nafs) as the subject of sound, dividing it into real imaginative sound (termed spiritual sound) and virtual imaginative sound (termed frivolous sound). This classification appears in works like The Republic. Spiritual sound carries meaning, elevation, and sublimity, fostering spirituality, while frivolous sound leads to decline, lethargy, sin, and triviality.

This view lacks both scientific rigor and comprehensive coverage. It suggests that sound is merely an imaginative phenomenon, confined to the soul. However, the subject of sound and voice is breath, which emanates from the soul but transcends it. The soul and its pleasures are the initial and intermediate aims of sound, but sound’s scope extends further, capable of being rational. This is exemplified by the voices of Imam Hasan Mujtaba (peace be upon him) and Prophet David (peace be upon him), whose beauty captivated passersby, mountains, plains, and birds alike. The pinnacle of sound is rational-spiritual sound, which divine prophets and saints have sought to inspire, nourishing the soul and spirit of humanity. Discussing the pleasure of sound encompasses both worldly and divine sounds. God addressed Prophet Moses, saying: “Indeed, I am Allah” (Qur’an 28:30). May God grant the opportunity to explore these spiritual dimensions further. We will address the nourishing aspect of sound later.

It is rational sound that possesses sweetness, though Avicenna, a genius, described the human voice as a divine gift endowed with sweetness—an apt and expressive term. The five senses are divine endowments, and sound is a natural human faculty for creating melody, song, and recitation.

The ability to produce sound through vocal cords and the intricate auditory system exemplifies the miracle of creation. A slight misalignment of the vocal cords can render one voiceless or cause hoarseness due to inflammation, disrupting their natural contraction and expansion. Remedies such as starch or egg consumption can restore the cords’ natural state. Similarly, listening to beautiful, delightful melodies is natural for the human ear and mind. Deviating from this requires opposing nature, though the boundaries of nature must be understood through religious teachings. Human knowledge, limited as it is, requires guidance from the boundless knowledge of the final Prophet (peace be upon him), a revelation of God’s infinite wisdom.

The Potency of Sound Creation

Avicenna’s evocative statement highlights: “Among sensory phenomena, sound has a unique sweetness.” This sweetness is not exclusive to the listener; the singer, too, derives pleasure from their own voice. By engaging their vocal cords, the singer experiences joy in their ability to produce sound. Often, the singer finds greater delight than the listener, as they directly experience the act of creation through their breath. The vocal cords are designed to require breath, and the singer, by exhaling through them, first enjoys the act before transmitting that pleasure to others.

A beautiful voice signifies an individual’s strength and capability. One who can shape their voice harmoniously demonstrates mastery, showcasing their power to themselves and others. Such skill is not easily attained, requiring talent, mastery of phonetics, composition, articulation, and modulation. Not everyone can produce a sweet, melodious voice, as each voice differs significantly—some resonate, others do not; some are bass, others treble.

The Authority and Power of Sound

Avicenna further asserts, with great precision:

“The nature, which is a divine effect in bodies, ensures their preservation in their states with systematic order.”