Category: fatwas about marriage
The ruling concerning the Darbuka and the validity of joining it, by analogy, to Ad-Duf
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.
Know that using Ad-Duf is permissible in the `Eids and weddings, according to the Prophet’s صلّى اللهُ عليه وآله وسَلَّم saying: “What distinguishes the illicit from the licit is sounds and the using of Ad-Duf [in wedding]”(3). As for the Darbuka, it is considered as one of the musical instruments, and it does not resemble Ad-Duf because it has a different shape and does not produce the same sound. Therefore, the Darbuka does not take the same ruling as Ad-Duf. For all that, the Darbuka is concerned by the hadith of the Prophet صلّى اللهُ عليه وآله وسَلَّم: “Indeed, there will be in my Nation people who will consider fornication, wearing silk, drinking wine and using musical instruments as permissible” (4) and the hadith, “Two sounds are cursed in this world and in the hereafter; the sound of the flute at the time of happiness and wailing at the time of calamity” (5).
The perfect knowledge belongs to Allah عزّ وجلّ. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.
Algiers, Sha`bân 13th, 1428 H.
Corresponding to: August 26th, 2007.
(1) A goblet shaped hand drum. Translator’s note.
(2) A sort of tambourine, but with a piece of skin in its hole and without metal discs. Translator’s note.
(3) Reported by At-Tirmidhi in As-Sunan, chapter of “Marriage”, concerning what is reported about making marriage public (hadith 1088), by An-Nassâ’i in As-Sunan, chapter of “Marriage”, about making marriage public by sounds and using Ad-Duf (hadith 3369), by Ibn Mâjah in As-Sunan, chapter of “Marriage”, about making marriage public (hadith 1896) and by Ahmad in Al-Musnad (hadith 15025) on the authority of Muhammad Ibn Hâttib رضي الله عنه. This hadith is judged Hassan (good) by Al-Albâni in Irwâ' Al-Ghalîl (7/50).
(4) Reported by Al-Bukhâri without mentioning its chain of narrators but with an expression of certainty, in As-Sahîh, chapter of “Drinks”, concerning what is reported about who makes wine permissible and calls it by another name instead of its real name (hadith 5268). However, Ibn Hibbân in As-Sahîh (hadith 6754), At-Tabarâni in Al-Mu`jam Al-Kabîr (3/282) and Al-Bayhaqi in As-Sunan Al-Kubra (hadith 21590) reported it and mentioned its chain of narrators, on the authority of Abu `Âmir or Abu Mâlik Al-Ach`ari رضي الله عنه. Ibn Al-Qayyim said in Tahdhîb As-Sunan (10/111): “This hadith is authentic without any doubt”. Moreover, Al-Haytami said in Az-Zawâjir (2/203): “This hadith is reported by several ways whose chains of narrators are authentic and not criticized at all”. See As-Silsila As-Sahîha (1/186) and Tahrîm Âlât At-Tarab (1/82) by Al-Albâni.
(5) Reported by Al-Bazzâr in his Musnad as it is mentioned in Majma` Az-Zawâ’id of Al-Haythami (3/100) on the authority of Anas رضي الله عنه. This hadith is judged Hassan (good) by Al-Albâni in As-Silsila As-Sahîha (hadith 427) and in Tahrîm Âlât At-Tarab (1/51).