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Resolutions of Iftaa' Board

Resolution No.(233): "Ruling on Producing Non-Alcoholic Drinks Using the Same Line that Produces Alcoholic Drinks"

Date Added : 20-03-2017

Resolution No.(233)(1/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Producing Non-Alcoholic Drinks Using the Same Line that Produces Alcoholic Drinks"

Date: (7/Jumada Al-Akhirah/1438 AH), corresponding to (6/3/2017).

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

During the second session held on the above date, the Board reviewed the question sent from the Director-General of Food and Drug Administration, His Excellency Dr. Obeidat, and it reads as follows:

Could your Grace clarify the ruling of Sharia on the letter of the Jordan Company for Investments in which they demand canning non-alcoholic drinks using the exact line that produces alcoholic drinks after having that line cleaned thoroughly with water, steam and different sterilizers, and after every produced quantity. It is worth noting that the preparation process of both types of drinks is completely separated. Moreover, the Company is willing to test different samples from the non-alcoholic drinks to make sure that they are alcohol-free, and that the product itself matches the technical specifications set for it?

Answer: After deliberations, the Board decided the following:

Prudence in matters related to drinks is among the essentials of Ijtihad (Independent reasoning), and it relies on many an evidence from Sharia. One of these is that the Prophet (PBUH) prohibited his companions from storing non-alcoholic drinks in certain utensils, namely Al-Hantam (pitcher smeared with pitch) and the Gourd because they could cause the liquid to be become intoxicating. Therefore, this prohibition aims to prevent harm.

Accordingly, the Iftaa` Board is of the view that it isn`t permissible for any factory to produce lawful drinks using the exact production line of unlawful drinks. This is in order to leave no room for error during the production process and to prohibit what may lead to committing sins. And Allah Knows Best.

 

Grand Mufti of Jordan

Vice-Chairman of Iftaa` Board/Sheikh Abdulkareem Khasawneh

Prof. Abdullah Al-Fawaaz/Member

Sheikh Sa`eid Hijjawee/Member

Dr. Mohammad Khair Al-Esa/Member

Judge Khaled Wuraikat/Member

Dr. Mohammad al-Zou`bi/Member

 

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Summarized Fatawaa

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 Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

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