Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(109): "Ruling on Smoking and Selling Cigarettes

Date Added : 28-12-2015

Resolution No.(109): "Ruling on Smoking and Selling Cigarettes"

On 3/5/1427 AH, corresponding to 30/5/2006 AD

 

We received the following question: 

What is the position of religion on selling cigarettes, hobble bubble (water pipe), all kinds of tobacco and renting out stores for this purpose?

Answer: All of success is due to Allah, The Lord of the Worlds

 

The Board of Iftaa’ sees that tobacco and all its kinds were not known in the time of the prophet and his companions - may Allah Be Pleased with them - nor in the time of the scholars of the main doctrines. Tobacco came to be known in the eleventh Hijri/Islamic century, and as there is no religious text that forbids it, and as it does not intoxicate, the scholars have disagreed over the religious stand on smoking whether it is forbidden, disliked, or allowed in accordance to their understanding of what harm it may cause the smoker.

 

  Studies have proved much harm caused by smoking to health, environment, society and economy. Cigarettes contain poisonous nicotine, and the ratio of smokers who suffer from cancer is very high. Its harm extends to the nonsmokers who happen to be present in places where people smoke as they actually inhale the smoke with air, it penetrates their bodies, and they get affected directly by its hateful smell. In addition it is very harmful economically and is considered as extravagance and reckless spending, because Allah The Almighty Says (What means): “And waste not by extravagance. Verily, He likes not those who waste by extravagance.” [Al-An'aam/141]. In addition, Allah The Almighty Says (What means): “Verily the spendthrifts are brothers of the devils” [Al-Israa'/27]. In Jordan, as sources reveal, the yearly waste expenditures that result from smoking exceed one billion and five million Jordanian dinars.

 

   Consequently, the Iftaa’ Board thinks that smoking is a general calamity. Thus, the Board sees that smoking is forbidden to whoever is ascertain that it causes serious damage, or whose cure is delayed because of this bad habit. In this regard, Allah, The Most Exalted, Said (What means): “And do not kill (or destroy) yourselves (nor kill one another). Surely, Allah is Most Merciful to you!” [Al-Israa'/29]. Smoking becomes surely forbidden for the one who spends all his money on cigarettes and deprives himself and his family of life necessities such as food, drinks, clothes, house rent, medicine or education. The prophet (PBUH) says: “It is enough sin for a person to thwart those whom he supports.” (1)

 

  Smoking becomes also forbidden in public places such as mosques, hospitals, busses, cars, schools and other places where nonsmokers exist. It becomes forbidden in these places because it is forbidden for a Muslim to hurt others, as the prophet (PBUH) says: “Don’t cause any harm to yourself nor hurt others.” (2) He also said: “A Muslim is the one who other Muslims are safe from his tongue and hand,” i.e. who does not hurt others with his tongue nor with his hand. (3) Consequently, and because of the disastrous harms caused by smoking to health, environment, and economy, the Iftaa’ Board sees that resisting smoking with all possible means is obligatory and that publicizing it or encouraging others to smoke must be prohibited.

 

  For all of the above, the Board of Iftaa’ recommends people neither to sell cigarettes, tobacco nor hobble bobble in their stores nor to rent out places to be used for these purposes. And Allah Knows Best.

 

Iftaa’ Board

Head of the Iftaa’ Board

The Supreme Judge/ Dr. Ahmad Muhammad Helayel

                                Shaikh Abdel Kareem al-Khasawneh            

Dr. Yusuf Ali Ghayithan

                                Dr. Abdel Majeed el-Salaheen                     

                 Dr. Wasef Abdel Wahaab el-Bakri

                                  Sheikh Na’eem Muhammad Mujahed           

                       Sheikh Said Abdel Hafeeth al-Hajjawi

 

 

 

(1) Narrated by Al Nisaa’iy in Al-Sunan Al-Kubra (The Great Reports of the Prophet, (vol.5/pp.374) from Abdullah Bin Amro. It is also in Muslim no.(996) but in different words: "It is enough sin for a believer to prevent his support from those whom he owns."

(2) Narrated by Ibn Majeh in Sunan, Book of Rules, under the title He Who Builds on His Place What Hurts His Neighbor, Hadeeth/saying no.(2340). Al-Nawawy said in Al-Athkaar "it is graded as sound/Saheeh narration" (pp.502).

(3) Narrated by Al-Bukhari, Book of Faith, under the title the Muslim is he who other Muslims are safe from his tongue and hand, hadeeth/saying no.(10). Also narrated by Muslim in Book of Faith under the title Which Status is Better in Islam, hadeeth/saying no.(40).

(4) This advice is by what is mentioned above about smoking being forbidden.

 

Decision Number [ Next ]


Summarized Fatawaa

What is the age of the Aqiqa or the Udhiyah?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:
 
Camels: Five years old, entering their sixth year.
 
Cattle and Goats: Two years old, entering their third year.
 
Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.
 
And Allah the Exalted knows best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

Is it permissible for a religious young Muslim woman to love a young man for Allah`s sakes?

Such love between the two sexes is from the devil`s evil suggestions, and a pure Muslim woman should beware of such a matter, and she shouldn`t mix with non-Mahrams (Marriageable ).

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.