Question:

What is the ruling of flying kites? Please clarify the issue as I am confused.

Answer:

بسم الله الرحمن الرحيم

حامدا ومصليا ومسلما

There is confusion surrounding the ruling of flying a kite due to the apparently contradictory fatawa on the issue. While some prohibit it categorically, others permit it without any restrictions. We will, therefore, address the issue in consideration of the various possible scenarios. وبالله التوفيق

Introduction to “Play, Amusement and Sports in Islam”

First and foremost, kite-flying is a form of amusement and play. As with all aspects of social life, Shariah has laid down rules and regulations concerning games, amusement, sports and play. For the sake of brevity, we will only mention some of the evidence of the Quran and Sunnah concerning this issue. Hazrat Mufti Muhammad Shafe’ Usmani (رحمه الله) has authored a detailed treatise on this issue named, ‘An-Nahi a’nil Malahi’, which one may refer to for further details.

The last of our elders, the grand mufti and sublime spiritual trainer, Hazrat Mufti Ahmed sahib Khanpuri (حفظه الله) explains, “First and foremost, one should keep in mind that there is a fundamental difference between the concept of sports in modern times and its concept in Islam. Nowadays, the concept is that sports are played merely because they are sports and they have become a science of their own. On the contrary, Islam does not believe in playing sports merely because they are sports and is thus incongruent with this new perspective. According to the modern standpoint, the sport itself is an objective. Islam, however, does not tolerate the attitude of the sport itself being an objective.”[i]

Lahw and La’ib (amusement and play) has been mentioned in the Quran numerous places. In all these verses it has been used with a negative connotation.[ii] For instance, Allah Ta’ala states:

“And the life of this world is nothing but play and amusement. But far better is the house in the Hereafter for those who are Allah-fearing. Will you not then understand? (32)”[iii]

The great mufassir of Baghdad, Allamah Aalusi (رحمه الله) explains, “The meaning is that, the actions of this world, which are specific to the worldly life, are nothing but like play and amusement with respect to being void of benefit and permanency.”[iv] Since play and amusement is used as the mushabbah bihi (the thing with which the similitude is made), it confirms, that their uselessness and temporary nature is an established truth.  In other words, to show the futility of the worldly life spent behind amassing the world, which we all agree is evil, Allah equates it to play and amusement. Therefore, it is an even more profound truth, that play and amusement is futile and short-term.[v]

He Ta’ala also commanded,

“And leave alone those who take their religion as play and amusement, and are deceived by the life of this world.”[vi]

In another verse He Ta’ala warns,

“So leave them to converse vainly and amuse themselves until they meet their Day which they are promised.[vii] (42)”

Allah Ta’ala proclaims,

“Then woe that Day to those who denied. (11) Those who were, in their falsehood, playing. (12)”[viii]

Allah Ta’ala explains the situation of many in this world by saying,

“There comes not to them a new reminder from their Lord but they hear it while playing (2) with their hearts distracted…”[ix]

Allah Ta’ala informed us,

“When they see some merchandise or some amusement, they flock to it and leave you standing [alone]. Say ‘That which is with Allah is better than amusement and merchandise.’”[x]

Allamah Tibi (رحمه الله) explains: “The او (“or”) here is in the meaning of بل (“rather”). The meaning is thus, “When they see merchandise, rather amusement,…” Hence, merchandise is actually amusement. The subtlety is that when trade takes a person away from the remembrance of Allah it becomes amusement, which is detrimental to our Hereafter. Conversely, if trade does not take a person away from remembering Allah, it is counted as a virtue and bounty. Allah says, “And when the salah (remembrance of Allah) is ended, disperse into the land and seek the bounty of Allah.”[xi]

The two words used in the above verses are ‘lahw’ (اللهو) and ‘la’ib’ (اللعب) or words derived from them. Lahw is defined as:

اللهو : ما يشغل الانسان عما يعنيه و يهمه.

“Everything that distracts a person from the things that concern him and are important.”

La’ib is defined as:

اللعب : لعب فلان اذا كان فعله غير قاصد به مقصدا صحيحا.

La’ib: (It is said that) “so and so played”, when his action does not have a meaningful objective.[xii]

The aforementioned verses clarify that there is a world of difference between the life of a Muslim and that of a non-Muslim. The former is a purposeful life, rooted in the fulfillment of the commands of Allah, while the latter is based on amusement, play, entertainment, sports and games.

These verses are warning us that the play and amusement which distracts a person from the remembrance of Allah, and from his religious and worldly duties, is a recipe for disaster. Every second of this life is very precious and if it is wasted in futile play and amusement then, Allah forbid, our dunya (worldly life) and akhirah (Hereafter) will both be destroyed.

Moreover, avoiding futility is one of the virtues necessary for the success of a believer. Allah Ta’ala states in ‘Surah Muminoon’, “Successful indeed are the believers– (1) those who humble themselves in their prayers (2) who shun all frivolities.” (3)

In mentioning the qualities of his chosen servants Allah Ta’ala states, “And when they pass near vanity, they pass by with dignity.”[xiii]

The word used in these two verses is ‘laghw’ (اللغو). The great mufassir, Allamah Qurtubi explains laghw in the following manner, “Laghw is every futility of speech or action. Therefore, music, amusement (اللهو) and all similar things come under its meaning.”[xiv]

Imam Bukhari narrates in ‘Adabul Mufrad’ under the heading ‘Chapter on music and amusement’: The Messenger of Allah said, “I am not from dud (دَد), nor is dud from me in any way.”[xv]

The scholars have explained dud (دَد) to mean, “falsehood (الباطل), play (اللعب) and amusement (اللهو)”.[xvi]

However, Shariah has not prohibited every form of recreation and sport. Mufti Muhammad Shafee’ Usmani explains,

“Know that the pure and magnanimous Shari’ah of the Chosen One does not prohibit gains and benefits which the human nature is disposed to, and it does not approve of monasticism (rahbaniyyah) and absolute asceticism (tabattul). Rather it demands civilisation and proper social intercourse. Yes, it prohibits extremism in entertainment and total immersion in it whereby one is distracted from the necessities of religion and livelihood. What is acknowledged is that one of the needs man is disposed to is [the need to] exercise the body and relax the heart and give it enjoyment from time to time. Thus, he (صلى الله عليه وسلم) said, “Relax the hearts from time to time.”[xvii] Therefore. the practice of joking occurred in his (صلى الله عليه وسلم) sayings and actions.[xviii]

It was narrated from ‘A’ishah (رضي الله عنها) that the Prophet (صلى الله عليه وسلم) said, “Do you have with you any amusement (lahw), for indeed the Ansar love amusement?”[xix] Hence, it was transmitted from ‘Ali and ‘Abdullah Ibn Mas’ud (رضي الله عنهما), “The heart becomes bored just as the body becomes bored, so search for its paths of wisdom.”[xx] And it was narrated from Ibn ‘Abbas (رضي الله عنه) that when talk about the Qur’an and traditions became excessive he would say to one near him, “Give us some sour (vegetation).” i.e. discuss poetry and stories.[xxi] And [others][xxii] besides him said, “Relax the hearts along with [doing] dhikr”.[xxiii]

From these ahadith and statements of the Sahabah a leeway concerning play and amusement is derived. Mufti Muhammad Shafe’e Usmani, however, has explained that the leeway in these ahadith are not general; rather, they are restricted to certain situations and types of play.[xxiv] Below are a few narrations, which after mentioning the general reprehensibility of play and amusement, highlights certain specific sports and recreation which the Messenger (صلى الله عليه وسلم) permitted.

Types of Play permitted in the Hadith:

The Rasool of Allah (صلى الله عليه وسلم) said,

“All idle pastimes (lahw) that the Muslim man engages in are falsehood, except for his shooting of his bow, his training of his horse, and his playing with his wife–for they are from the truth.”[xxv]

He (صلى الله عليه وسلم) also said,

“Everything with which a man amuses himself is vain except three (things): a man’s training of his horse, his playing with his wife, and his shooting with his bow and arrow.”[xxvi]

Aishah (رضي الله عنها) said, “It was the day of Eid and the Sudanese were playing with their spears and shields.”[xxvii]

He (صلى الله عليه وسلم) also said,

“Everything void of the remembrance of Allah is play[xxviii], except four [things]: a man playing with his wife, a man training his horse, a man running between two points, and a man learning to swim.”[xxix]

In recruiting combatants for Uhud, the Messenger (صلى الله عليه وسلم) instructed Samurah ibn Jundub (رضي الله عنهما) to prove his claimed valor by wrestling Rafi’ ibn Khadij (رضي الله عنهما). He defeated Rafi’ in the match and was subsequently recruited for the expedition.[xxx]

In the above hadiths, the following sports and recreation are mentioned:

1. Archery
2. Horse riding
3. Running
4. Training with spears and shields
5. Swimming
6. Wrestling
7. Playing with one’s wife.

These all have clear worldly benefits, such as exercising the body, staying healthy, combat training, self-defense training, refreshing the mind and soul, and strengthening the marital bind. When someone adds the intention of strengthening the body and mind to better worship his Creator, then it becomes a religious activity. A Muslim should always have such intentions. Mufti sahib states, “Even though, these activities seem to be play, in reality, due to the correct intentions and due to their worldly and religious benefits, they have ceased to be play and amusement. Hence, they were permitted, and in certain cases, even encouraged.”[xxxi]

Types of Play prohibited in the Hadith:

On the other hand, the Messenger (صلى الله عليه وسلم) has expressly prohibited certain types of games. He (صلى الله عليه وسلم) said,

“Whosoever plays with dice, has disobeyed Allah and his Messenger.”[xxxii]

He (صلى الله عليه وسلم) also said,

“”Whoever plays backgammon, it is as if he was dipping his hand in the flesh and blood of a pig.”[xxxiii]

When Ibn Zubair (رضي الله عنهما) was the leader in Makkah he gave a sermon and said, “O people of Makkah, it has reached me that some men are playing a game called Nardashir (backgammon). Allah Ta’ala says in His book {O you who have believed, indeed, intoxicants, maisir, … So will you not desist? (91)} I swear by Allah that the one who plays it and is brought to me, I will punish him on his hair and skin, and I will grant his belongings (spoliation) to the one who brings him to me.”[xxxiv]

Qasim ibn Muhammad said, “Everything that distracts you from the remembrance of Allah and salah is maisir.”[xxxv]

Ibn Umar (رضي الله عنهما) was asked concerning the ruling of chess, he replied, “It is worse than backgammon.”[xxxvi]

Ibn Abbas (رضي الله عنهما) narrates that the Messenger of Allah (صلى الله عليه وسلم) prohibited instigating fights between beasts.[xxxvii]

The Messenger of Allah (صلى الله عليه وسلم) saw a man chasing a pigeon and he said, “A devil chasing a she-devil.”[xxxviii]

In the above ahadith, the following games and forms of amusements have been prohibited:

1. Games with dice
2. Backgammon
3. Chess
4. Playing with pigeons
5. Animal fights e.g. cock fights.

After mentioning these ahadith, Hazrat Mufti Muhammad Shafee’ Usmani concludes, “This is why, no one [from the scholars], past or present, has permitted play without any restrictions. As for the hadiths, there are those which categorically prohibit play, while there are those which permit some types and prohibit the rest.”[xxxix]

Criterion for the Islamic Rulings of any Sport or Game:

From such Quranic and Prophetic text as mentioned above, as well as statements of the jurist, Mufti Muhammad Shafee’ Usmani (رحمه الله) extracted a criterion for the Islamic ruling of all sports and games. His son, Mufti Muhammad Taqi Usmani (حفظه الله) summarises it by saying:

“The criterion on this issue (of sports and games), according to the Hanafi scholars, extracted from their principles and statements, is that:Mere entertainment which has no purpose behind it, nor a beneficial goal in the worldly life or afterlife, is prohibited (haram) or prohibitively disliked (makhruh tahrimi). This is a matter that is agreed upon in the ummah and the imams have concurred upon this.

1. Mere entertainment which has no purpose behind it, nor a beneficial goal in the worldly life or afterlife, is prohibited (haram) or prohibitively disliked (makhruh tahrimi). This is a matter that is agreed upon in the ummah and the imams have concurred upon this.
2. As for that which contains an objective and a religious or worldly benefit,

(a) If its prohibition is mentioned in the Book or the Sunnah e.g. backgammon, it is prohibited or prohibitively disliked, and the assumed benefit and goal is legally [hukman] negated. This is due to its opposition to the transmitted prohibition, since its harm is greater than its benefit. This too is agreed upon amongst the imams.

(b) With regards to that which prohibition from the Lawgiver has not been mentioned, which contains a benefit and objective for the people, then there are two jurisprudential classifications:

(i) That which, through experience, proves to be more harmful than beneficial; predominantly evil; and distracting from the remembrance of Allah, the [obligatory] prayers, and the mosques. This is associated with what has been prohibited, since it shares a common ‘illah (ratio legis or underlying reason). It is thus prohibited or (highly) reprehensible.

(ii) That which experience has not shown to be harmful.

(a) It is disliked if engaged in with the intention of amusement and play.

(b) It is permissible if it is engaged in for the sake of acquiring a benefit, coupled with the intention of attaining that benefit. Rather, based on the intention and situation, it may rise to the level of recommendation (istihbab) or greater than that.”[xl]

Thereafter Mufti Muhammad Shafee’ Usmani (رحمه الله) summarised the above by stating:

“All sports and games will come under one of these five (5) categories, none of which is permissible except the last one.”[xli]

Kite-Flying in light of Prophetic Ahadith:

In light of the aforementioned discourse, kite-flying is a futile amusement that has no real worldly or religious benefit. Many of our Akabir, including giants like Hakimul Ummah, Maulana Ashraf Ali Thanvi and the late grand Mufti of Pakistan, Mufti Rasheed Ahmed Ludhyanvi, have likened ‘flying kites’ to ‘playing with pigeons’, which was clearly prohibited in the hadith cited above. [xlii]

Similarly, we ask our respected readers to ponder over the following hadith of Saheeh Bukhari[xliii] and Muslim:

Abdullah bin Maghaffal (رضي الله عنه) saw a man throwing stones with two fingers and said to him, “Do not throw stones, for Allah’s Messenger (صلى الله عليه وسلم) has forbidden throwing stones, or he used to dislike it.” He (صلى الله عليه وسلم) said: “Throwing stones will neither catch any game, nor injure any enemy. It merely breaks a tooth or gouges out an eye.” Afterwards the Sahabi, Abdullah once again saw the man throwing stones. He said to him, “I tell you that Allah’s Messenger (ﷺ) has forbidden or disliked the throwing the stones (in such a way), yet you are throwing stones! I shall not talk to you for such-and-such a period.”

This was a game the Arabs used to play[xliv], similar to the dangerous game children play with rubber bands and paper bullets. The Messenger (صلى الله عليه وسلم) disliked it for many reasons. Firstly, it is a futile activity which is devoid of religious or even worldly benefits, such as hunting prey or injuring an enemy. Secondly, it may break a person’s tooth. Thirdly, it may gouge out some one’s eye.

After comparing kite-flying to this, we see there are many similarities. Firstly, there is no religious or worldly benefit in flying a kite. Secondly, in many instances, people have harmed themselves by falling off of roofs or getting shocked after trying to retrieve their fallen kites from power lines. Thirdly, fallen kites have caused accidents. Fourthly, kite strings coated with shards of glass have killed people.

Ruling of Kite-Flying in Details:

There are many other negative connotations and harms surrounding this form of amusement, which will render it Haram in certain cases and Makrooh (reprehensible) in others.

Kite flying has varying significances in different parts of the World. For instance, in Pakistan and India, it has an abominable origin. Kites are flown on the Hindu festival of Basant. Basant is a polytheistic festival to commemorate the beginning of spring. However, kite flying on this day was initiated by a non-Muslim in remembrance of a blasphemer of the honour of our beloved Rasul صلى الله عليه وسلم. This is the reason, the Ulama of India and Pakistan have passed many fatawa unequivocally prohibiting kite flying.[xlv] [See here for details.]

Similarly, in Guyana, kite-flying is promoted, in the media and from the sermons of pastors, as a Christian ritual of Christ’s ascent to the heavens. Therefore, even if a Muslim does not hold this belief, it will still be prohibited[xlvi] to fly kites–especially around Easter season in Guyana, since it would be a form of emulating the kuffar, which is prohibited in Shariah.[xlvii]

If in a particular area, there are no religious undertones surrounding kite-flying, as is the case in Trinidad and Barbados, then it will still be haram if any one of the following sins is associated with it:

1. Overindulgence to the extent of neglecting one’s religious duties e.g. performing salah, serving one’s parents, providing for one’s family, etc.[xlviii]

N.B. Participating in any conventional kite-flying competition is overindulgence in a futile activity.

2. Intermingling of the sexes, like is the case in many savannahs and fields where people frequent to fly kites.[xlix]
3. Playing music,[l] like is the case in many savannahs and fields where people frequent to fly kites.
4. Coating the strings of the kites with shards of glass or similar objects to cut power lines or the cords of other kites. Similarly, intentionally cutting the thinner strings of kites with one’s thicker string in the act of kite-fighting.[li]
5. [lii]
6. Running behind fallen kites to steal them.[liii]
7. Quarreling or fighting.[liv]
8. Spending an exorbitant price to buy a kite or collecting different types, shapes and sizes, of kites.[lv]
9. Disturbing neighbours or others with loud screams.[lvi]
10. Disturbing people at night with the loud sound of the bull of the kite.[lvii]
11. Kites with animated pictures.

On the other hand, if someone was to purchase an economical kite or make one from scratch and thereafter take his child to fly it for a portion of part of a day, out of the kuffar’s season of kite-flying, avoiding all the sinful acts mentioned above, as a means of refreshing one’s mind so as to rejuvenate the self for their responsibilities, then that may seem permissible.[lviii] However, experience has shown that kite-flying leads to wasting a lot of time and money.[lix] It, in itself, is a futile activity which is devoid of any religious, worldly, physical or intellectual, benefit.[lx] Hazrat Thanvi has likened overindulgence in kite-flying to running after pigeons. It was narrated from Abu Hurairah that the Messenger of Allah (صلى الله عليه وسلم) saw a man chasing a pigeon and he remarked, “A devil chasing a she-devil.”[lxi] Allamah Sindhi states, “He was branded as a ‘devil’ due to him busying himself in what does not concern him (i.e. futile play and amusement). He follows the footsteps of a she-devil, who causes him to neglect the remembrance of Allah.”[lxii] Rather in certain instances, children have fallen off rooftops and died or injured themselves.[lxiii] Fallen kites have caused motor cyclist to meet up in accidents.[lxiv] Therefore, it would not be free from karahah and dislike.[lxv]

Yes, if a kite is flown for scientific research or military operations etc. then it will be permissible.[lxvi]

By the grace of Allah, there are many more beneficial alternatives to kite flying. Swimming, archery, horse riding, bike riding, racing, hiking, and educational board games, are but a few. May Allah grant us the true understanding of His beautiful Deen and may He help us to practise on it.

Hazrat Mufti Muhammad Shafee’ Usmani (رحمه الله) ends his treatise by stating:

“And to Allah, we complain of the prohibited entertainment which many Muslims have fallen prey to. They have reached the extent of making it their religion. And they have taken their Deen as an amusement and play. O Allah, guide us and guide them to righteous deeds and character. No one guides to it but You. And turn us away from the evil deeds and character. No one can remove it from us but You. And there is no Might or Power except with Allah, the Most High, The Great.”[lxvii] Aameen

And Allah Ta’ala knows best

Muhammad ibn Suleman Chothia

Reviewed and Endorsed by Mufti Muhammad Mahdi

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Important Footnotes:

[i] Mahmoodul Fatawa Vol.3 Pg.122

[ii] Late grand mufti of Pakistan, Mufti Muhammad Shafee Usmani (رحمه الله) in ‘An-Naahi a’nil Malaahi’ (Ahkamul Quran Vol.3 Pg.192) Hazrat Mufti Ahmed Khanpuri (حفظه الله ونفعنا بعلومه وفيوضه) said in ‘Mahmoodul Fatawa’ (Vol.3 Pg.122-124), “In most cases it has been used negatively.” One place where it has not been used negatively is in Surah Yusuf, when his brothers said, “Send him with us, he will enjoy and play.” Wallahu A’lam

[iii] Surah An’aam: 32

[iv] An-Naahi (Ahkamul Quran Vol.3 Pg.192-3)

[v] When we say the tab’ee and leader, Umar ibn Abdil Aziz was like the four caliphs in righteousness and justice. The four caliphs are the mushabbah bihi (the thing the similitude is made of). The righteousness and justice of the four caliphs is an established truth. This is why we can liken others to them. So the futility of play and amusement is such an established truth that we can liken others to it.

[vi] Surah An’aam: 70

[vii] Surah Zukhruf:83 and Surah Ma’arij: 42

[viii] Surah Tur: 12

[ix] Surah Ambiyaa: 1-2

[x] Surah Jumuah: 11 There are many other verses with similar meanings. For instance, Allah in speaking about the reality of the world said, “Know that the life of this world is but amusement and play and adornment and boasting to one another and competition in increase of wealth and children – like the example of a rain whose [resulting] plant growth pleases the tillers; then it dries and you see it turned yellow; then it becomes [scattered] debris. And in the Hereafter is severe punishment and forgiveness from Allah and approval. And what is the worldly life except the enjoyment of delusion.” Surah Hadid: 20. Also see: Surah Ankabut: 64, Muhammad: 36, Tawbah: 65, An’am: 91, Maidah: 58, Luqman: 6, Ambiyaa: 55, and others.

[xi] An Naahi (Ahkamul Quran Vol.3 Pg.193) On one occasion Rasullullah was delivering his sermon on Friday when a trade caravan came into Madinah with grain. In order to announce this arrival, a drum (duff) used to be beaten. There was a shortage of grain in the city since before. The people, therefore ran to stop the caravan. Twelve people (among whom were the four caliphs) remained with Rasullaullah. The above verse was revealed on this occasion. [See Tafsir Usmani Vol.7 Pg.414] Hazrat Mufti Ahmed Khanpuri sahib explains: “Islam did not simply permit and allow trade, it encouraged it by stating, ‘nine tenth of sustenance (is found in trade)’. However, when it was associated with amusement, even though the people were worried due to being deprived of their needs, they were cautioned in this verse. When Islam did not tolerate the neglect of the remembrance of Allah due to trade, which was slightly contaminated with amusement, even though there was a dire need for the trade, how can Islam ever tolerate making amusement a distinct means of livelihood? These sports don’t simply occupy their players from salah, but they also distract a large number of Muslim spectators. In the time of the early Arabs, poetry had become an addictive pastime like the sports of today. On this, the Messenger of Allah (صلى الله عليه وسلم), even though he admitted that ‘some poetry had wisdom’ [Bukhari #6145] warned of overindulgence by stating, “It is better for anyone of you that the inside of his body be filled with pus which may consume his body, than it be filled with poetry.” [Bukhari #6155] Imam Bukhari explains that this beneficial pursuit will become prohibitively disliked if immoderation leads to distracting one from the remembrance of Allah, studying sacred knowledge or reciting the Quran. Similarly, those sports, which were expressly prohibited in the hadith, the scholars have explained, that even though they may have some benefits, they are such that when a person gets involved in them, these sports consume him in such a manner that he is subsequently sacrificed for them. These sports occupy a person’s mind and heart to such a degree that he forgets his purpose of life and becomes neglectful of his duties and responsibilities.” [Summarized from ‘Mahmoodul Fatawa’ Vol.3 Pg.125-127]

[xii] See ‘Khel aur Tafreeh ki Shar’ee Hudood’ by Mufti Taqi Usmani’s nephew, Mufti Mehmood Ashraf Usmani for both definitions.

[xiii] Surah Furqan: 72

[xiv] See ‘Khel aur Tafreeh ki Shar’ee Hudood’ Pg.13

[xv] Adabu Mufrad #785

[xvi] Bukhari in ‘Adabul Mufrad’ after the hadith. Abu U’baid see ‘Sunan Kabir’ of Baihaqi Vol.21 Pg.118-119

[xvii] Abu Dawud transmitted it in his Marasil [#44] from Ibn Shihab in mursal form, and Abu Bakr al-Muqri’ in his Fawa’id and al-Qudha’i from him from Anas [1/393] (al-Jami’ al-Saghir). Munawi explains, “With something that is permissible, which has no punishment or reward for it.” [Faidhul Qadeer Vol.4 Pg.40]

[xviii] As for the hadith, “Entertain [yourselves] and play, for indeed I dislike that harshness is seen in your religion,”  narrated by Baihaqi in ‘Shuabul Iman’ #6122, then after narrating it, he remarks, “It has a broken chain (i.e. it is weak). If we assume it to be authentic, then it means permissible entertainment.” Allamah Suyuti also graded it weak in ‘Jame-us Sagheer’ and so did Munawi in ‘Faidhul Qadeer’ Vol.2 Pg.161. Mufti Shafee sahib also said, this hadith is not general; rather, it is a specific permission of the Nabi to the Habasha (Abyssinians) who were training. (An Naahi, Ahkamul Quran Vol.3 Pg.191 & 187)

[xix] Al-Hakim narrated it. [See ‘Mustadrak’ Vol.2 Pg.184]

[xx] Ali’s statement was collected by Ibn Abdil Barr in ‘Al-Jame’ with a broken chain. Ibn Masud’s statement is: “Relax the hearts, because when the heart is forced, it becomes blind.” [Bahjatun Nufoos by Ibn Abdil Barr Vol.2 Pg.115] Also see Sakhawi’s ‘Fathul Mugheeth’ Vol.3 Pg.276

[xxi] Ibn Qutaibah explains: “Hamdh (الحمض) is sour vegetation. The Arabs would graze their camels in sweet grass and when the camels get bored, they would graze them in sour grass. So Ibn Abbas is saying, when you get tired (from studying) hadith and fiqh, delve into poetry and stories, to relax your heart.” [Ghareebul Hadith Vol.2 Pg.366] It is like how we eat tamarind or suck a sour sweet. It is only consumed in small amounts. Similarly, permissible entertainment should only be consumed in small amounts.

[xxii] It is Qasamah ibn Zuhair’s statement. See ‘Al-Jame’ by Khatib Baghdadi Vol.2 Pg.184

[xxiii] This is [mentioned] in Kaff al-Ru’a’ on the margins of al-Zawajir (1:164). [Mufti Muhammad Taqi Usmani’s summary from ‘Takmilah Fathul Mulhim’ (Vol.4 Pg.380-1), translated by Mufti Zameelur Rahman at Deoband.org] We placed the references in these endnotes and modified the translation.

[xxiv] An-Naahi (Ahkamul Quran Vol.3 Pg.191)

[xxv] Tirmidhi #1637

[xxvi] Abu Dawud #2513

[xxvii] Bukhari #950 with ‘Umdatul Qari’ Vol.6 Pg.393

[xxviii] In another narration it states, “Everything void of the remembrance of Allah is futility, error and play (لغو وسهو ولعب) …” Nasai in Kubra #8891

[xxix] Nasai in Kubraa #8889 and Tabarani in Kabir #1785 Haithami states: “The transmitters of Tabarani are those of the Saheeh except Abdul Wahhab ibn Bukht, and he is (also) reliable.” [Majmauz Zawaid Vol.6 Pg.269]

[xxx] Hazrat Shaikh’s ‘Stories of the Sahabah’ Pg.168-169 Also see ‘Al-Isabah’ Vol.3 Pg.130. Wrestling, where one’s awrah is exposed or while wearing skin-tight fitting attire, is prohibited. Boxing is prohibited in all cases. The Messenger prohibited from striking anyone in the face, even in battle or when carrying out an execution. [Bukhari #2559 with Umdatul Qari Vol.13 Pg.165]

[xxxi] An-Naahi (Ahkamul Quran Vol.3 Pg.196) Mufti sahib also warns, “If these activities are played, simply for amusement, then they will become haram or makrooh.” [Ibid] Mufti sahib laments: “There are but a few who rectify their intentions.” [ibid Pg.202]

[xxxii] Ahmed in Musnad #19501. Also see: Sunan Abu Dawud #2422. The Messenger said, “No one throws its dice and waits on what it brings, except that he has disobeyed Allah and His Messenger.” [Musnad Ahmed #19649] The Messenger was asked concerning dice, he replied, “It is the maisir of the non-Arabs (non-Muslims).” [Musannaf Ibn Abi Shaibah #26668] The Sahabah رضي الله عنهم were also very harsh towards those who wasted time in playing useless games. The news that some people residing on her property had the nard game with them reached Aishah رضي الله عنها. So she sent a warning that, if they don’t throw it out, I will surely expel them from my property. [Muatta Malik #3519] Nafi’ reports that, whenever Ibn Umar رضي الله عنهما would find the nard game in a house, he would break it and lash the people who were playing it. [Musannaf Ibn Abi Shaibah #26675, Muatta Malik #3520] In another narration it states we would also burn it. [Baihaqi in Kabir # 20999] Abdullah ibn Amr ibnul Aas رضي الله عنهما said, “Whosoever gambled while playing nard, is like the one who ate the meat of swine. And whosoever plays it without gambling is like the one who has oiled himself with the fat of swine. [Musannaf Ibn Abi Shaibah #26678] Therefore, the prohibition is not specific to gambling. The fuqaha state, that the person who plays nard, regardless of if he gambles or not, his probity is damaged and his testimony is rejected. [Raddul Muhtaar Vol.8 Pg.230] The great hanafi jurist Ibn Humam adds: “And the game ‘Taab’ in our area (will carry the same ruling as nard). Since it is thrown and tossed without any calculation or using one’s intellect. And every game that is like that, which Shaitan invented, and the neglectful people play is haram, whether one gamble or not.” Allamah Shami adds two more similar games which were prevalent in his locality and then states, “(It is haram) even if he restrains himself and does not play, but sits and watches the game, like the person who attends a gathering of music.” [ibid] Subhaanallah, if these great scholars were in our times, their list would have been much longer. The doors of analogy are still open, “So take heed, O men of insight!” {Hashr:2}

[xxxiii] Muslim in Sahih #2260

[xxxiv] Shuabul Iman #6088

[xxxv] Baihaqi in Kabir #21015, Tafsir Tabari Vol.3 Pg.673

[xxxvi] Baihaqi in Sunan Kubra #20975. There are many other narrations prohibiting chess. Once Aliرضي الله عنه  passed by some people who were playing chess. He disapprovingly exclaimed with the Words of Allah, “What are these images upon which you pay devotion!” {Surah Anbiyaa:20} [Musannaf Ibn Abi Shaibah #26682] Many scholars even wrote books on the subject. See the introduction to Aajuri’s ‘Prohibition of backgammon, chess and entertainment’ Pg.84-85.

[xxxvii] Sunan Abu Dawud #2562 Sunan Tirmithi #1708-9

[xxxviii] Sunan Abu Dawud #4940

[xxxix] An-Naahi (Ahkamul Quran Vol.3 Pg.192)

[xl] See Ahkamul Quran by Mufti Shafe’ Usmani Vol.3 Pg.199-201, Mahmoodul Fatawa Vol.3 Pg.129-131, Takmilah Fathul Mulhim Vol.4 Pg.381-382 Translation by Mufti Zameelur Rahman at Deoband.org with some modifications.

[xli] Ahkamul Quran Vol.3 Pg.201 Since only one scenario is permissible out of five, one would see most of the great jurist passing blanket verdicts of prohibition on all forms of amusements and play. Here under is a list of some of these scholars. They make up the founders, formulators and main research scholars of this mathab:

1. Imam Abu Hanifah, the founder of the Mathab [See ‘Jameus Saghir’ Pg.482]
2. Imam Muhammad, the formulator of the Mathab [ibid]
3. Imam Tahawi in ‘Mukhtasar’ [Pg.434-5]
4. Imam Abu Bakr Jassas in ‘Sharhul Mukhtasar’ [Vol.8 Pg.544]
5. Samarqandi in ‘Tuhfatul Fuqaha’ [Vol.3 Pg.344]
6. Allamah Kaasani in ‘Badaai’u Sanai’’ [Vol.4 Pg.305-306]
7. Marghinani in ‘Hidayah’ [Vol.7 Pg.242]
8. Nasafi in ‘Kanzud Daqaaiq’ [Pg.614]
9. Zailai’ in ‘Tabyenul Haqaiq’ [Vol.6 Pg.31]
10. Ibn Nujaim in ‘Bahrur Raaiq’ [Vol.8 Pg.379]
11. Mawsili in ‘Ikhtiyar’ [Vol.4 Pg.139]
12. Damad Afandi in ‘Majmaul Anhur’ [Vol.4 Pg.222]
13. Tumurtashi in ‘Tanwirul Absaar’
14. Haskafi in ‘Durrul Mukhtaar’
15. Ibn Abideen Shami in ‘Raddul Muhtaar’ [For all three see: Raddul Muhtaar Vol.9 Pg.565-6]

And many more. We suffice with this, as they are from amongst the main scholars of the mathab.

[xlii] In light of this hadith and the one that follows it specifically, and in light of the generality of the many other verses and hadiths concerning sports and games cited above, it would be incorrect to use the maxim: ‘الأصل في الأشياء الإباحة’ (The norm in regards to things is that of permissibility), to prove the permissibility of kite-flying. Firstly, Allamah Shami quotes Ibn Nujaim’s warning in his book on the principles of issuing fatwa, ‘Sharh U’qood Rasmil Mufti’: “It is not permissible to issue fatawa using maxims and principles (القواعد والضوابط). The only duty of the mufti is to transmit an expressed ruling (of the giants of the past). Many scholars have clearly stated (this guideline).” See ‘Usoolul Iftaa’ by Mufti Muhammad Taqi Usmani Pg.306. Secondly, this maxim can only be used when there are no explicit or implicit text on the issue. This is clearly not the case here, as explained above. Thirdly, Mufti Shafee Usmani, in refuting this principle as evidence of permissibility for general play and amusement states: “Actions, in reality, are of two types: beneficial and harmful. The third type which scholars mention i.e. neither beneficial nor harmful, in actual fact, is harmful. This is because occupying oneself, or investing time and energy, in any action which does not have a benefit in this world or the next, is a clear loss which any sane person would never be pleased with. Even if we were to assume there was no intrinsic harm in it, experience has shown that such actions lead to crimes and sins. This is why the righteous (العارفين) have always said, “Occupy yourself, because if you don’t, it will occupy you.” Therefore, based on this principle: Amusement and play is a harmful act, even if it is not associated with sin.’ (Adapted from An-Nahi, Ahkamul Quran Vol.3 Pg.194 based on the teachings of Hakimul Ummah, Maulana Ashraf Ali Thanvi) Yes, there are exceptions mentioned in the ahadith, which were listed above.

[xliii] Bukhari #5479 Muslim #1954

[xliv] Takmilah Fathul Mulhim Vol.3 Pg.447

[xlv] If a Muslim flies a kite on Basant with the intention of venerating that day or blasphemer, then this would be an act of kufr (disbelief). The above is the history of flying kites on the Basant festival. Kites were flown in India before this on many other occasions as well. [See ‘Basant Kya Hey’ Pg.46-47]

[xlvi] If a Muslim flies a kite on Easter Monday to venerate the Christian belief, then this would be an act of kufr (disbelief). See https://en.wikipedia.org/wiki/Kite#South_America. We also consulted with ulama from Guyana.

[xlvii] The Messenger said, “Whosoever emulates a people are from among them.” [Abu Dawud #4031] Just as it becomes permissible to do an act which was specific to a particular religion due to it losing its religious significance, and due to its wide spread practise by people of all faiths; conversely, it will become prohibited to do an act which was initially permissible, if it becomes a non-Islamic, religious act. For example, shaking hands with one hand or two hands at the time of mulaaqaat (meeting a fellow Muslim) are both established in the Sunnah. However, the great hadith scholar and jurist, Maulana Rashid Ahmed Gangohi (رحمه الله) states in his commentary on ‘Sunan Tirmithi’, “Since shaking with one hand is the distinctive method of the Colonial Kafir, it is wajib (compulsory) to abandon it.” In other words, one should only shake with both hands since the permissible act of shaking with one hand became a distinctive feature of the kuffar in his era. [Kawkab-ud-Durri Vol.3 Pg.392]

[xlviii] In prohibiting alcohol and gambling Allah says, “Satan wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allah and from Salah (the prayer). So, will you not then abstain?” {Surah Al-Maidah: 91} Hazrat Thanvi states, this illah (underlying reason) for the prohibition of alcohol and gambling i.e. hindrance from salah etc., is also found in kite-flying. [See Thanvi’s Islahur Rasoom Pg.19] The fuqaha have stated, that when playing a game causes a person to miss his salah, then his integrity is damaged and his testimony is rejected. [Raddul Muhtaar Vol.8 Pg.230]

N.B. We will list a few responsibilities of a Muslim here, as many Muslims are ill-informed with regards to this most important aspect of their existence.

1. Studying all those laws of Islam which apply to them. This is a huge task which encompasses many subjects. Every Muslim should know the basis creed which is essential to count a person as a believer.
2. The laws of purity and salah must be learnt, and many are they.
3. Correct memorization and pronunciation of the Quran.
4. Laws of Fasting.
5. Laws on Zakat and Hajj, when the person is wealthy enough, according to Shariah.
6. Laws of trade, hiring, borrowing, employment and all other financial aspects a person may be faced with.
7. Laws concerning foods and drinks.
8. Laws and etiquettes on how to deal with one’s parents, children, relatives, teachers, neighbors, and the community at large, including non-Muslims, animals and the environment.
9. It is compulsory (fardh) upon every Muslim to rectify his esoteric (inner/baatin) acts. To attain qualities like (zuhd), contentment (qana’ah), humbleness (tawadu’), sincerity (ikhlas), patience (sabr), gratitude (shukr), love of Allah (hubb ullah), contentment with the Decree (ridha bil qadha), trust (tawakkul), submission (tasleem). To rid the heart of traits like love for the world (hubbud dunya), covetousness (hirs), arrogance (takabbur), ostentation (riya), lust (shahwah), anger (ghadab), jealousy (hasad).
10. Every Muslim should also try and learn more about the life of their Prophet, the Sahabah and the pious. One should also learn the many masnoon duas and study tafsir, hadith and fiqh by reputable scholars.
11. Teaching the Quran, hadith and fiqh, for those authorised to teach by reputable ulama.
12. Reciting Quran in abundance.
13. Keeping ones’ tongue moist in the remembrance of Allah.
14. Performing optional salah, fast, tawaf and umrah.
15. Dawah is also a duty on the Muslims. Enjoining good and forbidding evil. Calling Muslims and Non-Muslims to Islam.
16. Serving ones’ parents.
17. Taking care of ones’ family financially. Raising and training ones’ family with Islamic ethics. Doing chores around the house.
18. Feeding the hungry, clothing the naked, visiting and tending to the sick, and helping those in distress.
19. Inventing things which can be used for the betterment of mankind.

N.B. These are but a few of the constructed activities we can busy ourselves with. Each one is so vast that it can take a lifetime to fulfill. Therefore, where do we have time to waste behind amusement and play? Unfortunately, we know more about sports stars and other fussaq than we know of our own beloved Messenger.

[xlix] Allah states, “And do not even draw (go) near to fornication (do not indulge in anything that may lead to it).” (Surah Al-Israa’: Ayat 32) Abu Usayd al-Ansari narrated that he heard Allah’s Messenger (May peace and blessings be upon him) say to the women on his way out of the mosque when he saw men and women mixing together on their way home, ‘Give way (i.e., walk to the sides), as it is not appropriate for you to walk in the middle of the road.’ Thereafter, women would walk so close to the wall that their dresses would get caught on it. [Abu Dawood] See here, here and here for details on the issue of intermingling.

[l] The Messenger said, “Verily, Allah has prohibited liquor, gambling, and the musical drum.” [Abu Dawud#3696] “Verily, my Lord forbade me from wine, the drum and the lute.” [Musannaf Ibn Abi Shaibah Vol.12 Pg.270] Allamah Aiyni said, “There is no difference of opinion in music being haram.” [See Raddul Muhtaar Vol.7 Pg.154]

[li] Hazrat Thanvi mentioned that, “Each kite-flyer has the intention to cut the next one’s string. Well, harming a Muslim is unlawful. Since both parties had this intention, they will both be sinful.” [Islahur Rasoom Pg.19] The Messenger of Allah said, “Every Muslim’s blood, property and honor are unlawful to be violated by another Muslim.” [Sahih Muslim] He also said: “When two Muslims are engaged in a combat against each other with their swords and one is killed, both are doomed to Hell”. I said, “O Messenger of Allah! As to the one who kills, it is understandable, but why the slain one?” He (ﷺ) replied: “He was eager to kill his opponent”.  [Bukhari and Muslim]

[lii] Allah Ta’ala states, “O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.” (Surah Al-Maidah: 90)

[liii] Hazrat Thanvi explains that the Prophet صلى الله عليه وسلم stated, “No robber robs, while the people are looking at him, and remains a believer at the time of the robbery.” (Bukhari #2475 and Muslim#57). In other words, this trait is against the dictates of Iman. No one should object and state that the people have allowed this usurping of their kites, because the reality is that people have only implicitly allowed it due to cultural pressure. Otherwise, they are not happy with the loss of their kites. The Messenger said, “Verily another person’s belongings are unlawful [to take] except with his heart’s content.” [Musnad Ahmed #15488, Sunan Darqutni #2886] See Thanvi’s ‘Islah-ur-Rasum’ Pg.19

[liv] Hazrat Thanvi said, “These types of games lead to quarrelling and cursing and sometimes they even lead to fist fights, then how can there be any doubt in it being haram?” [See Islahur Rasoom Pg.14] The Messenger said, “A believer is not he who maligns, curses, or is obscene or vulgar.” [Tirmithi]

[lv] After mentioning this point, Hazrat Thanvi states, “The prohibition of wasteful and extravagant spending is established in the Quran Majeed.” [Islahur Rasoom Pg.20] Allah states, “But do not squander (your wealth) in wantonness. (26) Verily the squanderers were ever brothers of the Satans.  And the Satan is ever ungrateful to his Lord. (27) {Surah Isra}

[lvi] The Prophet صلى الله عليه وسلم stated, “A Muslim is he from whose tongue and hand other believers remain safe.” [Bukhari and Muslim]

[lvii] Same as above.

[lviii] Mufti Muhammad Taqi Usmani in quoting his father, Hazrat Mufti Shafi’ Usmani states, “The upshot of the discourse is that relaxing and giving enjoyment to the heart and likewise exercising the body are from the permissible benefits and human interests which the magnanimous Shari’ah has not prohibited completely. Yes, it prohibits extremism and total immersion in it whereby it harms the worldly life or the afterlife.” [Takmilah Fathul Mulhim Vol.4 Pg.381, Deoband.org]

[lix] See https://en.wikipedia.org/wiki/Kite Also see ‘Basant Kiya Hey?’ A compilation of many articles on this issue.

[lx] See Mufti Abdurrahman ibn Yusuf Mangera, http://islamqa.org/hanafi/qibla-hanafi/35748. Overindulgence in poetry was prohibited even though it comprises of many benefits. So, flying a kite, which does not have one single benefit in it, will be more so prohibited.

[lxi] Collected by Ahmed 2/345, Bukhari in Adabul Mufrad #1300, Abu Dawud #4940, Ibn Majah #3764, Ibn Hibban in his Sahih #5874

[lxii] See Sidhi’s Hashiyah on Musnad Ahmed Vol. Pg.6 Pg.59. The fuqaha have written that, by playing with birds a person’s integrity is damaged and his testimony is rejected. One reason is because it leads to ghaflah (negligence in responsibilities). And two, is because at times the person climbs up on roof tops to fly his bird and while their looks at women’s awrah (shar’ee nudity). [Al-Lubaab Pg.638] Both of these points can also be found in kite flying.

[lxiii] Due to his concern, the Messenger has warned us, “Whoever sleeps on the roof of a house, which has no walls (around the roof), is no longer under the protection of Allah.” [Abu Dawud #5041] Meaning, this is irresponsible, so if you do it, then woe to you. “How shameful is our condition, that we discard these beautiful teachings of our beloved Rasool,” remarks Hazrat Thanvi in ‘Islah-ur-Rasum’ Pg.20.

[lxiv] See https://en.wikipedia.org/wiki/Kite Also see here and ‘Basant Kiya Hey?’

[lxv] See Ahkamul Quran of Mufti Shafi Usmani Vol.3 Pg.199-201 and Takmilah Fathul Mulhim Vol.4 Pg.280-282 Also see: http://muftionline.co.za/node/1614

[lxvi] ibid

[lxvii] An-Nahi a’nil Malaahi (Ahkamul Quran Vol.3 Pg.202)

N.B. RECTIFICATION OF AN ERRONOUS TRANSLATION IN CIRCULATION: