Singing nasheed with young non-Mahram girl
Fatwa No: 350473

Question

Assalaamu alaykum. I want to record a song in which the lyrics feature a conversation between a dad and his daughter. No music will be used. I need a small girl aged 6-9 to sing the part of the daughter. Is it okay if I record the song with a small girl singing with me?

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger. 

It appears – and Allah knows best – that if the girl is young and is not yet desired (for sexual intercourse), it is acceptable that she sings the nasheed with you, because her voice, in general, would not be a cause of temptation. However, if the girl can already be desired, then you should not make her sing the nasheed in a way that a non-Mahram (marriageable) man listens to her voice; as in this case, it is mostly likely that her voice would cause temptation.

In Saheeh Al-Bukhaari and Saheeh Muslim, there is the hadeeth of the two girls who sang the nasheed in the presence of the Prophet and he approved this from them when Abu Bakr objected to their singing.

Ibn Hajar said in Fat-h Al-Baari, while commenting on this hadeeth, “This hadeeth is evidence that it is permissible to listen to the voice of a girl singing, even if she was not owned (i.e. a slave girl), because the Prophet did not object to Abu Bakr's listening to the girls singing; rather, he objected to Abu Bakr when Abu Bakr objected to their singing, and the two girls continued to sing until ‘Aa’ishah signaled them to leave. It goes without saying that this is permissible as long as there is no fear of temptation.

For more benefit, please refer to fatwa 92223.

The scholars differed in opinion concerning the age of a girl who is desired for sexual intercourse. There are many statements that were mentioned in the Fiqh Encyclopedia, among which is the saying of Ibn Al-‘Aabideen, which is as follows:

The female who is desired for sexual intercourse is the one who has reached the age of nine years or above, and it is narrated from Al-Mi’raaj that a five-year-old girl is not desired according to the agreement of the scholars, while a girl of nine years and above is desired according to the agreement of the scholars. There is a difference of opinion among the scholars and different narrations about the girl between the age of five to nine. The most correct opinion is that the prohibition is not confirmed – meaning that she is not desired. The Maaliki School is of the view that the desired girl is the one whom the majority of people find pleasure in. The Shaafi'i School mentioned that determining which girl is desired for sexual intercourse depends on the custom of the people, and the Hanbali School is of the view that the girl who is desired for sexual intercourse is the one aged seven years and above.” 

Perhaps the strongest opinion is that it depends on the custom.

Allah knows best.

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