Norms and Values in Islamic Legal Reasoning: The Case of Listening to Music (Samāʿ)

Abstract

This essay examines the ways in which pre-modern Muslim jurists adapted their legal methods to accommodate the complexity of the act of listening to music. I classify those methods from the least to the most inclusive of underlying notions of moral value. This study shows that models on opposite ends of the spectrum function in similar ways. Whether, as in Ibn Ḥazm’s work, the scope of legal norms is confined to the immediate textual meaning, or, as in Ibn Taymiyya’s thought, the formulation of norms corresponds to an underlying moral aim, the result is a broad treatment of all phenomena that relate to music (samāʿ). By contrast, Ghazālī’s discussion of samāʿ is guided by the need to attain conviction of the appropriate course of action rather than the pursuit of an objective truth about the legal-moral status of the act of listening to music, resulting in a subtle case-by-case evaluation, rather than an overarching judgment. While this study does not attempt to give a comprehensive historical account of how and why scholars of Islamic law attempted to restrict or permit certain musical experiences, we can ultimately see how the sharīʿa, a legal system that is fundamentally concerned with moral behavior, purported to advance reasonable models for the assessment and regulation of complex social phenomena.