Some scholars are of the view that the use of musical instruments is permissible. I am confused as I am unable to get the proper truth. Please clarify.

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 is His slave and Messenger.

First of all, we have issued Fataawa 81545 and 81239 clarifying the correct opinion about songs and musical instruments; so please refer to them.

Therefore, it is an obligation upon every Muslim who is able to understand the Sharee'ah evidence when there is a difference of opinion among the scholars to look into the correct evidence according to the understanding of the scholars of the Salaf (righteous predecessors) and follow it.

Imaam Ash-Shaafi’i said: “The scholars agreed that it is not lawful for anyone to whom a part of the Sunnah of the Prophet has become evident, to leave it and act according to the statement of any person whomever he might be."

Therefore, when there is a difference of opinion among the scholars what should be taken into account is the saying of Allaah and the saying of the Prophet according to the understanding of the Salaf. The statement of every person could be accepted or rejected except the statement of the one who was supported by revelation, i.e. the Prophet .

Allaah Says (what means): {And in anything over which you disagree — its ruling is [to be referred] to Allaah. [Say], ‘That is Allaah, my Lord; upon Him I have relied, and to Him I turn back.}[Quran 42:10]

Allaah Says (what means): {And whatever the Messenger has given you — take; and what he has forbidden you — refrain from. And fear Allaah; indeed, Allaah is severe in penalty.}[Quran 59:7]

As regards a layman Muslim, he is obliged to follow the most knowledgeable and pious person available when there is a difference of opinion, as stated by the scholars of the principles of Fiqh regarding Taqleed (i.e. following someone whose saying is not a proof). This does not, however, mean to declare that the scholar who differed in opinion with others is sinful if he had made every effort to reach the truth. ‘Amr Ibn Al-‘Aas narrated that the Prophet said: "If a judge makes Ijtihaad (i.e. to reach a verdict on issues on which there is no text in the Quran, or the Sunnah, or the consensus of the scholars), and his Ijtihaad is in conformity with the truth, then he will get a double reward, and if he makes Ijtihaad and he is wrong, then he will get one reward.” [Al-Bukhari and Muslim]

However, the fact that he is excused and rewarded by Allaah does not mean that one should follow him in matters in which he is wrong.

Allaah Knows best.