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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

What is the ruling on ablution without istinja' after sleep?

The sleep of one whose buttocks are not firmly seated on the ground invalidates ablution. Whoever wakes up and wants to pray must perform ablution only. Istinja' is not a condition for the validity of ablution, because it is for removing impurity from the private part. If there is no impurity on the private part, then istinja' is neither obligatory nor recommended. And Allah the Almighty knows best.

Does touching women temporarily forbidden in marriage nullify ablution?

It is prohibited to touch, or to shake hands with such women as they are considered strangers, and doing so nullifies ablution.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

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