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Resolutions of Iftaa' Board

Resolution No.(208): "Ruling on Trading with Dealcoholized Grape Wine"

Date Added : 05-10-2015

Resolution  No. (208)(18/2014), by The Board of Iftaa, Researches and Islamic Studies:

"Ruling on Trading with Dealcoholized Grape Wine"

Date: 30/Zolqidah/1435 A.H, corresponding to 25/9/2014 A.D

 

All perfect praise is due to Allah, blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its twelfth session held on Thursday (30/Zolqidah/1435 A.H)-(25/9/2014 A.D), the letter sent by His Excellency, the Director General of the Jordan Food and Drug Administration in which he requested clarifying the Sharia ruling on the percentage of alcohol in “ Alcohol free grape juice “ product coming from Spain. The product is manufactured through fermentation first, then alcohol is processed out of it, without adding any chemicals, and that traces of alcohol remain in it, but these don`t exceed (0.04%) in the final product. It is worth mentioning that the product has a “Halal” certificate from the country of origin. It is also exported by the Kingdom of Saudi Arabia and the State of Kuwait.

After careful study and deliberation, the Board determined:

It is forbidden to have an intoxicant drink which is branded as “wine” even if it was dealcoholized  afterwards. The majority of the Muslim scholars deem that “wine” doesn’t become pure through being processed by human beings. This opinion is supported by the narration of Anas (May Allah be pleased with him) who reported that: ”when the Prophet (PBUH)  was asked if it is possible to process wine into vinegar, he said: (No)” {Muslim}. In addition, warding off harm lies in hindering such industry from becoming a reason for promoting and selling alcoholic drinks under the pretext that they are being processed and dealcoholized. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Prof. Ahmad Helayel/ Member

Dr. Hayel Abdolhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mohammad Al-Qodah/ Member

Dr. Wasif Al-Bakkri/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

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