ANALYSIS OF BUYING AND SELLING MUSICAL INSTRUMENTS IN PERSPECTIVE OF MUAMALAH FIQH : (Analysis of the Thought of Ibn Ḥazm Al-Andalusī)

Abstract

This article discusses the law of buying and selling musical instruments from the perspective of muamalah jurisprudence through the analysis of the thought of Ibn Ḥazm al-Ẓāhirī al-Andalusī. The focus of the study is directed to the legal arguments used by Ibn Ḥazm in determining the transactional abilities of musical instruments. This research employs a conceptually based qualitative method, drawing on a type of normative legal research through a literature study of classical and contemporary fiqh literature. The results of the analysis show that Ibn Ḥazm allowed the buying and selling of musical instruments because no evidence of qaṭ'ī prohibited them, and because musical instruments were created by Allah, which were not explicitly mentioned as haram objects. In the context of modern fiqh, musical instruments have undergone a functional transformation from entertainment to a legitimate and multifunctional economic commodity. This study shows that there is a diversity of scholars' views on the law of buying and selling musical instruments. Ibn Ḥazm's view that it can be used as an alternative thought in contemporary muamalah jurisprudence, especially in responding to the transformation of the function of musical instruments in modern societ