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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 on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What is the virtue of Laylat al-Qadr?

It is enough to know its great status that Allah revealed an entire surah about it—Surah Al-Qadr. Moreover, the Quran was first revealed on this night.
Allah says {what means}:
"We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the night of power is? The Night of Power is better than a thousand months. Therein come down the angels and the Spirit by Allah's permission, on every errand: Peace!... This until the rise of morn!" [Al-Qadr/1-5]
The Prophet ﷺ taught us to observe I‘tikaf in the last ten nights of Ramadan, seeking Laylat al-Qadr. Whoever worships Allah and revives this night will receive the reward of worshiping for a thousand months—excluding Laylat al-Qadr itself.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

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