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

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on eating and drinking at night after making the intention? Is it necessary to renew the intention?

Eating and drinking at night, even after making the intention (for the next day), does not affect the fast, and it is not necessary to renew the intention after eating and drinking.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.