Articles

The Ruling of Islam on Drugs
Author : Dr Noah Ali Salman
Date Added : 28-08-2024

Praise be to Allah, the Lord of all worlds, and peace and blessings be upon the guiding bringer of good tidings, our master Muhammad, and upon his family, his companions, and those who follow him with excellence until the Day of Judgment. To proceed:

Scholars have explained that Islamic law was established to preserve the five necessities of life, which form the material and spiritual existence of a human being: religion, life, progeny, intellect, and wealth.

This preservation, as brought by the Sharia, operates on two levels: the level of protection and the level of care.

As for the level of protection, it focuses on prevention and keeping away harm and harmful elements. The level of care, on the other hand, is concerned with striving to achieve the desired goal, which is the absolute worship of Allah the Almighty.

The intellect is arguably the most important of these objectives; for religion without intellect is mere rituals and heresies, the self without intellect is chaotic movement, lineage without intellect is aimless procreation, and wealth without intellect leads to corruption and destruction.

Therefore, the Shariah has made the intellect the basis for legal capacity; whoever loses the blessing of intellect is exempted from accountability, as they are neither fit for it nor capable of fulfilling it.

Anyone who observes the effects of drugs of all kinds and their various consequences will see that they pose a clear danger, an outright assault, and a decisive threat to these five necessities. A drug user does not care about the rulings of their religion, nor do they pay attention to their duty towards their Creator. They neither strive to obey Him nor fear disobeying Him, which results in the corruption of their faith and the loss of their hereafter.

Drugs obliterate the mind and conflict with the religion, which commands the prohibition of anything harmful to the individual and society. Scholars have discovered, and continue to discover, more about the physical ailments caused by drugs, whether on the brain, the heart, or other parts of the human body.

As for the harm to the mind, in addition to its impairment, doctors and specialists have extensively detailed the dangers of addiction to the human mind and its physiological structure. Regarding the harm to progeny, drug use weakens sexual ability, damages embryos, and undermines honor.

A drug user, in their obsession with consuming drugs, is ingesting a poison that is universally agreed upon by rational individuals, scholars, and doctors as being destructive to the body, damaging to the soul, and causing a slow death. When bodies are destroyed and weakened, and the balance of truth and goodness is disrupted, families, which are the natural incubators for the upbringing and strength of progeny, become corrupted.

A drug user loses their human integrity and dignity, becoming a puppet in the hands of death merchants, chasing after illusions and, ultimately, a grim demise. They lack sound thinking, necessary balance, and the ability to make wise choices, which rational individuals strive for. They sell themselves and squander their money, desperately seeking their own destruction in the most horrific and dreadful manner.

Given the aforementioned points—though just a small portion of the broader depiction of the condition of those deceived and ruined by drugs—the ruling on them is definitive prohibition, as unanimously agreed by the scholars. This is due to the confirmed negative effects, the undeniable harm, and the established risks they pose to individuals and societies. Among the evidence relied upon by scholars to declare drugs as forbidden are:

First: Allah says {what means}: "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." (Al-Ma'idah, 90). Drugs share the same reason for prohibition as alcohol, which is intoxication by impairing the mind and covering the grace of Allah upon the person; thus, they fall under the same ruling.

Second: Allah says {what means}: "He allows them the good things and forbids them the evil." (Al-A'raf, 157). It is inconceivable for a rational person to classify drugs as anything other than evils.

Third: Allah says {what means}: "And do not throw yourselves into destruction." (Al-Baqarah, 195). One of the fundamental principles in Islam is to avoid anything that is harmful to human health. The use of drugs leads to physical, psychological, and social harm.

Fourth: From Umm Salama (may Allah be pleased with her), she said: "The Messenger of Allah (peace be upon him) prohibited every intoxicant and every drug that causes numbness." (Reported by Abu Dawood). Drugs, in their various forms, cause numbness and are destructive to the mind and body.

Fifth: Aisha (may Allah be pleased with her) said: "Allah does not prohibit wine because of its name, but He prohibits it because of its consequences. Therefore, any drink that has the same harmful consequences as wine is also forbidden, just like the prohibition of wine." (Reported by Al-Daraqutni).

As for the statements from scholars regarding the prohibition of drugs, some of them are:

First: It is mentioned in "Hashiyat Ibn Abidin" (Vol.3/P.239) that: "The scholars of both the Shafi'i and Hanafi schools agreed that a divorce pronounced by someone who has lost his mind due to consuming hashish is valid, based on their fatwa on its prohibition."

Second: It is also mentioned in the same source (Vol.6/P.457) that: "The consumption of narcotics such as hashish, cannabis, and opium is prohibited because they corrupt the mind and distract from the remembrance of Allah and prayer. There are reports of people who, after using these substances, suffered from mental disturbances and even death. The scholar who claimed that hashish was permissible is considered a heretic and innovator; Nujum al-Din al-Zahidi even stated that such a person could be considered an infidel and permissible to kill."

Third: It is mentioned in "Mughni al-Muhtaj" (4/187): "The two Shaykhs mentioned in the section on foods from Al-Ruyani that consuming hashish is forbidden. Al-Ghazali said in 'Al-Qawa'id' that the consumer of hashish should be punished and admonished. Ibn Taymiyyah stated that hashish first appeared in the late sixth century of the Hijra, during the rise of the Mongol Empire, and it is considered one of the greatest evils, even worse than alcohol in some respects. This is because it produces intoxication and pleasure similar to alcohol, and it is more difficult to quit than alcohol."

Fourth: Ibn Taymiyyah said: "Hashish, which is made from grape leaves, is also forbidden. Its consumer should be punished in the same way as a drinker of alcohol. It is even worse than alcohol because it corrupts the mind and temperament, leading to behaviors such as effeminacy and other forms of moral corruption. Alcohol, on the other hand, leads to disputes and fighting. Both prevent remembrance of Allah and prayer. Hashish falls under the prohibition of alcohol and intoxication, whether by name or meaning." ("Al-Siyasah al-Shar'iyyah" / p. 108).

Fifth: Imam al-San'ani said: "It is forbidden to use anything that intoxicates, even if it is not a drink, such as hashish." ("Subul al-Salam"/Vol. 4/P. 53).

Sixth: In the Sixth Regional Conference on Drugs held in Riyadh in 1974, it was stated: "The Islamic scholars of various schools of thought unanimously agreed on the prohibition of the production, cultivation, and consumption of drugs, whether natural or synthetic, and on criminalizing those who engage in such activities."

In conclusion, the consequences of drug use are devastating to individuals and society, and they conflict with the rulings and wisdom of Islamic law. Therefore, the ruling on drugs is prohibition. Similarly, trafficking in drugs—whether through selling, buying, smuggling, marketing, or profiting—is also forbidden, as anything that leads to something forbidden is itself forbidden.

And all perfect praise be to Allah the Lord of the Worlds.

 

 

 

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Summarized Fatawaa

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.