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 ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Does excessive sleep during Ramadan invalidate fasting?

Sleeping a lot in Ramadan does not invalidate the fast, but a Muslim may miss out on great rewards from prayer, Quran recitation, and acts of worship due to excessive sleep.

What is the ruling on someone who fainted while fasting?

● If a person had the intention to fast from the night but then fainted during the day and regained consciousness before sunset, even for a moment, their fast remains valid.
● However, if they remain unconscious for the entire day, from Fajr until sunset, their fast does not count, and they must make up for that day later.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.