Ruling on performing ‘Aqeeqah on an illegitimate child
Fatwa No: 101400

  • Fatwa Date:18-11-2007 - Thul-Qi'dah 9, 1428
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Question

a. As you said Muslims ahould not attend the Naming Ceremony of a baby whose parents are not married, who then give the baby a Name and who will help the Mother to kill the Ram[AQEEQAH]. b. I need evidence from the Quran and Sunnah, whether it is permisible for Muslims to use Musical Instruments, they claimed to promote Islam with Music even they use it in the Mosque, they also claim that the people of Madinah welcome the Holy Prophey[SAW], with Music when he left Mecca for Madinah, c. Also evidence that prohibits Smoking

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger. 

We have already clarified in Fatwa 97254 that a child born out of Zina (fornication or adultery) should be traced back to his mother and not to the fornicating father, and thus it is the right of the mother to name her child since he is traced back to her.

As regards helping the mother in slaughtering the 'Aqeeqah, then it is permissible to make an 'Aqeeqah for the child born out of Zina (fornication or adultery), and it is his mother who should perform this 'Aqeeqah for him as she is obliged to spend on him. In this case, it is her family who should help her. Helping her in what is permissible (i.e. the ‘Aqeeqah) does not mean attending what is forbidden, like organizing a festival and the like.

It should be mentioned, dear brother, that you are not required to find solutions to dissolute people who sin openly.

As regards the use of musical instruments, then there is evidence that this is not permissible with the exception of the Duff on the day of 'Eed for women and when announcing the marriage, and the like; for more benefit please refer to Fataawa 81239 and 81545.

Using music in Da’wah is a religious innovation because music is forbidden. How can one call to Allaah by means of something forbidden.

With regard to the story of the Ansaar welcoming the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) with the Duff (a tambourine-like instrument without bells) when he came to Madeenah, then Ibn Hajar and Al-Albaani  may  Allaah  have  mercy  upon  them classified it as weak (inauthentic).

Even if we presume that the narration is authentic, there is still no evidence in it that it is permissible for men to play the Duff. The narrations in this issue state that it was the women, and female slaves and children who did so, therefore such a narration cannot overrule the authentic narrations in Al-Bukhari and Muslim and others  may  Allaah  have  mercy  upon  them which state that music is forbidden.

Allaah Knows best.

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