This excerpt is taken from Sheikh Irshad-ul-Haq Asri's book Islam and the Critique of Music by Ishraq.
Mr. Ghamidi has argued for the permissibility of musical instruments by citing the beating of dafs by slave girls at the time of a wedding. We have stated in this regard that the daf is not a musical instrument unless it has bells (ghunghroo) attached to it. That is, it should not only produce the sound "thap, thap" but also the jingling sounds. Hafiz Ibn Hajar, may Allah have mercy on him, has clearly written that the daf: [يقال له أيضاً الكربال وهو الذى لا جلا جل فيه] is also called Karbal (a sieve) (used for sifting flour) which does not have bells attached to it.
Reference: (Fath al-Bari: p.440 vol.2)
Despite this clarification, understanding the daf played at a wedding as a musical instrument is mere self-deception. We were also saddened to read that 'Ahl al-I'tisam consider the daf to be included in the category of musical instruments and accept its permissibility,
Reference: (Ishraq: p.49)
whether we regard their decision as naivety or traditional cunning, they consider the daf as a musical instrument. Whereas we have cited the statement of Hafiz Ibn Hajar, may Allah have mercy on him, under the clear title "What is the daf?" which we have just quoted. Even after this, attributing the classification of the daf as a musical instrument to us is self-deception if not something else.Let us assume, for the sake of argument, that the daf is absolutely a musical instrument. But from where did the justification for all musical instruments arise from the daf? After all, why is it that only the daf is mentioned on these occasions and not the other instruments? When the Ahl al-Ishraq issue fatwas permitting musical instruments, they should provide evidence of these instruments being used at weddings or Eid celebrations, but they have neither been able to do so nor will they be able to in the future, [ولو كان بعضهم لبعض ظهيرا] However, to satisfy their readers, they now say: The Ahl al-I'tisam consider the daf to be included among musical instruments, but they regard it as an exceptional case and rule the other musical instruments as impermissible. The question is, do the Ahl al-I'tisam consider music intrinsically forbidden (haram ladhatah) or forbidden due to other reasons (haram lighayrih)? If they consider it intrinsically forbidden, then on what basis is one of them excepted?
Reference: (Ishraq: pp. 49-50)
After clarifying whether the daf is among musical instruments or not, it is stated that the daf with attached ghungroos is among musical instruments, and all musical instruments are absolutely forbidden due to their nature. This is not only the decision of Ahl al-I'tisam but also Ahl al-Ishraq acknowledge that "all four schools of Islamic jurisprudence agree that music and musical instruments are absolutely forbidden."
Reference: (Ishraq: p.48 March 2004)
As for the question that if musical instruments are inherently forbidden, then on what basis is there an exception for one of them? Respected! The evidence is the playing of the daf at the time of marriage, or the command to play the daf. These verbal and narrated hadiths exclude the daf from the general ruling of prohibition. Whether Ahl al-Ishraq accept this or not, the fact remains that some particulars are excluded from a general ruling based on evidence. To understand the permissibility of music, one can look at Hafiz Ibn Hazm, who is in agreement with Ahl al-Ishraq, and would not feel the need for this awkward question. Accordingly, the author writes about the picture:
[وجائز للصبايا خاصة اللعب بالصور ولا يحل لغيرهن والصور محرمة إلا هذا..الخ] Playing with pictures is permissible for children; other than that, it is not halal for anyone else. Pictures are forbidden, but only to that extent.
Reference: (المحلى: رقم:1914)
Consider that despite declaring pictures forbidden, they have been made permissible only for children as a form of play. The details of the arguments used to exempt children can be seen in Al-Muhalla. Similarly, musical instruments are forbidden, but the use of the daf (frame drum) on Eid and at weddings is permissible for children and female slaves based on hadiths. Apart from this, the ruling remains on its original prohibition. Silk is forbidden, but women are exempted from this, and for men, it is allowed only in cases of illness or up to the size of two fingers. The same nature applies to the prohibition of gold, as we have mentioned before. We will discuss this further as needed in its proper place.
Similarly, musical instruments were declared forbidden, but only the daf was permitted on the occasions of Eid and weddings. The same authority that declared it forbidden partially allowed the daf. The people of Ishraq have their own principles, so they do not accept these facts, and there is nothing surprising in that.
The Second Question of the People of Ishraq
It was stated: The people of I'tisam have said another thing: Imam al-Halimi says that playing the daf is only permissible for women because it is their practice. Whereas the Messenger of Allah ﷺ cursed those men who imitate women. Therefore, playing the daf or singing is only for slave girls and young girls, not for free women or men. The bitterness of the people of Ishraq in response to this is remarkable; they say:
This criticism was probably written in great haste because contradictory statements have come from their pen. The argument made from Imam al-Halimi's words is that it is permissible for women to play the daf, and the conclusion of the argument is that it is impermissible for women to play the daf. This is a matter of great misfortune.
Reference: (Ishraq: p.50-51)
What the author wrote in بحمد اللہ was written thoughtfully. Whether it is Imam Halimi or Allama Ibn Qudamah, although the word [النساء] (women) appears in their texts, it was explained that the meaning is not free women but rather maidservants and slave women. Because authentic hadiths mention only them in relation to this activity, not free women. It was the duty of the people of Ishraq to mention free women or men playing the daf on occasions like Eid or weddings, but they failed to do so. Instead, they labeled our statement as a result of haste and took comfort in childish consolation.
Then also see that the people of Ishraq themselves have said that 'In Arabia, the profession of singing or music was generally associated with slaves. They used to perform it on occasions of festivals and celebrations of happiness. Free women and girls neither learned this art nor performed it.'
Reference: (Ishraq: p.32)
Justice is a condition; if the writer of Athim says the same, it is considered a result of haste. If the people of Ishraq say the same, it is considered a masterpiece of research.
If it stayed in your tresses, it was called beauty
That darkness which was in my black letter
When free women neither learned to play the daf and other instruments nor sang, then if the meaning of [An-Nisa] is not taken as slave women, then what else should it be taken as?
The esteemed readers may recall that the Ahl-e-Ishraq, under the title "Music at Weddings," translated Hadith [من يغنی] and argued that it means "someone sent a singer," whereas this translation and argument contradict another narration which mentions sending [جاریہ]. However, in our translation, we translated النساء as "women" and clarified in the argument that it refers to female slaves, not free women. This clarification is also based on authentic hadiths where the terms جاریہ or جواری are used, not النساء. Who is then showing haste?
We acknowledge the eloquence and lengthy exposition of the Ahl-e-Ishraq. We have already presented a principled response to their repetition of the previous discussion in different words, so no further detail is necessary. However, their question remains: from these narrations, this musical instrument was heard by men, women, and children without exception; therefore, if listening to the daf is permissible, why is listening to other similar musical instruments not permissible?
Reference: (Ishraq: p.51)
But this question of theirs is also a result of lack of reflection. When is the daf a musical instrument? We have already clarified that it is considered a musical instrument only when it has bells (ghunghroo) attached to it. Secondly, if it is considered an absolute musical instrument, then not only playing it but even listening to it on Eid or at weddings is permitted. After all, what is the reason that on the occasion of Eid and weddings, permission was given for the daf, but no other musical instrument was played or permitted? Was there a shortage of musical instruments there? Or were they not present in the land of Madinah Tayyibah? [بینوا]
We have already stated regarding the permissibility of all musical instruments including the daf, but the people of Ishraq have not yet responded to this. Yet, they continue to repeat their point with great confidence. MashaAllah
The third question of the people of Ishraq
We had stated that declaring all musical instruments permissible on the basis of the permissibility of the daf by music enthusiasts is outright deception. Moreover, to go further and say that in the present age, according to custom and circumstances, another method can also be adopted. In other words, whoever has whatever resources can invite musical instruments and professional singers to their place and hold a musical gathering. The scholars of Ishraq did not respond to the first part of our question, but regarding the second part, they said: We did not write that the Prophet ﷺ made the use of the daf obligatory at the time of marriage, rather we wrote that the Prophet ﷺ made the use of music necessary for the announcement of the marriage. And after that, they stated that in the present age, another method can also be adopted. The words "another method instead of music" necessarily imply that its meaning must be different from music; it is obvious that it could be a loudspeaker, an advertisement in a newspaper, or a wedding card, etc. It can never be a type of music or a musical instrument.
Reference: (Ishraq: p.52)
It is presented that regardless of the distinction and division between necessary and obligatory, see that the Ahl al-Ishraq have declared the daf not only necessary but also obligatory at the time of marriage. However, perhaps they have forgotten to express this reality. Thus, it is written: Some narrations go beyond permitting the (daf) and also state its obligation at the time of marriage.
Reference: (Ishraq: p. 30 March 2004)
Judge fairly whether the daf has been declared among the essentials of marriage along with being necessary or not? And was it not said that some narrations prove its obligation? Even more strange is that this ruling of 'obligation' is also quoted in the fifth line of the previous reference of Ishraq
Reference: Ishraq (p. 52)
. But exactly fourteen lines later, it is boldly stated: We have not written that the Prophet ﷺ declared the use of the daf obligatory at the time of marriage. Should we consider this the haste of the Ahl al-Ishraq, their quickness, or say: This is the fate of Allah Akbar to be plundered.Similarly, their statement that: the other method in comparison to music must necessarily be different from music, cannot be any genre of music or musical instrument at all. The question is, when the people of Ishraq have given the title of musical instruments and have assumed the permissibility of using and listening to other musical instruments based on the permissibility of the daf, then how can they avoid the use of contemporary musical instruments and methods of music besides the daf? If the daf is a musical instrument, and on this basis the permissibility of all musical instruments is provided, then can it not be asked in their style that playing the daf at a wedding is permissible, even necessary and obligatory, but if other musical instruments accompany it, they should be rejected, and it should be said that no other genre or musical instrument of music is meant instead of the daf? What else can we say about their kind of lengthy explanations and labyrinths?
If possible, take the advice of the tongue of the advisor
Very good, for the lengthening of the matter on the Day of Judgment
Let us also, after their admission that by music they do not mean any genre or musical instrument, accept that the people of Ishraq are not in favor of holding a musical gathering by inviting musical instruments and professional singers on the occasion of a wedding. However, they should also admit the fact that playing the 'daf' (a type of drum) at a wedding is permissible but other musical instruments are not. If they do not accept this, then considering the daf not as a musical instrument and not comparing other musical instruments to the daf, and declaring dance permissible while turning a blind eye here, is merely a verbal trick.