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.

 

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Summarized Fatawaa

My husband discloses all our marital disputes to his family. What is the ruling of Islamic Law on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is impermissible to divulge spousal secrets or expose one another's faults, whether during the subsistence of the marriage or after its dissolution. The foundational principle governing marital relations is that it is built upon confidentiality and mutual affection. Divulging marital secrets constitutes a breach of trust and a grave sin.
 
A husband ought not to resort to his family to complain about his wife over every dispute, nor is the reverse permissible for the wife, especially when such actions lead to stirring up malice and animosity between the spouses or between their respective families.
 
Islam has enjoined the preservation of secrets in general and commanded against revealing them; safeguarding the privacy of the home holds an even greater priority. And Allah Almighty knows best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.