Surveying and Criticizing the Present Definitions on the Subject of "Ghina"

Document Type : Original Article

Author
Head of the Department of Jurisprudence of Art at the Islamic School of Art
Abstract
This article seeks to examine the subject of ghinā (singing/music). The prohibition (ḥurmat) of ghinā is a matter of consensus among Shia jurists, and what has been the subject of debate and differing opinions is the definition and delimitation of the subject itself. The author begins by citing numerous statements from early scholars (qudamā), demonstrating that the prohibition of ghinā is beyond doubt and, indeed, belongs to the essentials of the school (ḍarūriyyāt al-madhhab).
The author then notes that ghinā is not among the categories of religiously established matters (mawḍū'āt shar'iyyah)—such as prayer (ṣalāt) and fasting (ṣawm)—which are instituted by the Lawgiver and require a strictly legal definition. Rather, the definitions provided by some jurists are understood as clarifications of common custom ('urf) and are not binding in a prescriptive sense.
The author proceeds to critique the well-known definition of ghinā offered by jurists, pointing out ambiguities in certain key terms of that definition—ambiguities that persist despite jurists' efforts to resolve them. He then presents a definition based on authentic Arab anecdotes and proverbs concerning ghinā, and provides narrative evidence (qarā'in-e rivā'i) in support of it.
The final section of the article is devoted to quoting and analyzing the discourse of the late Fayḍ (al-Kāshānī) regarding the definition and ruling of ghinā. After quoting and analyzing Fayḍ's position, the author mentions the two interpretations proposed by Shaykh Anṣārī concerning his statements, and then offers a third interpretation that he argues comprehensively encompasses all the elements of Fayḍ's discourse.
Keywords

art