Is Selling a Musical Instrument or Its Parts Sinful in the Shafi’i School?
Shafi'i Fiqh
Answered by Shaykh Muhammad Carr
Question
In the Shafi‘i School, does selling a musical instrument or its parts to someone who intends to reconstruct or use it constitute assisting in sin?
ِAnswer
In the Name of Allah, the Most Merciful and Compassionate.
Thank you for your question.
In the Shafi‘i School, selling a musical instrument, in and of itself, is impermissible. [Khatib, Mughni al-Muhtaj].
This is also the dominant opinion from most scholars: musical instruments other than the daff (frame drum) that are not lawful to play or listen to are not lawful to buy and sell either.
Selling the individual parts of a musical instrument to someone who intends to reconstruct it falls under the category of assisting in sin and transgression. Therefore, it is prohibited according to the Shafi‘i Madhhab.
Assisting in Sin
The issue of assisting in sin arises only when the subject of the sale is permissible, but the seller knows that the buyer intends to use it for an impermissible purpose. For example, selling grapes to someone sure to use them to make wine.
Selling the individual parts of a musical instrument to someone who intends to reconstruct it falls under the category of assisting in sin and transgression. Therefore, it is prohibited according to the Shafi‘i Madhhab.
I pray this is of benefit and Allah guides us all.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Muhammad Abu Bakr Badhib
Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door for students. As an imam, he has the unique opportunity to serve his community in daily life.
In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari’ah Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.