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Halal Economy: Encyclopedia of the Halal Industry
Author : Dr. Safwan Odaybat
Date Added : 06-09-2023

Halal Economy: Encyclopedia of the Halal Industry

 

 

One of the most important contemporary scientific encyclopedias that has served the Islamic economy (the field of the halal economy) is the (Encyclopedia of the Halal Industry), which is considered a unique encyclopedic work in the field of the halal industry and its related fatwas and rulings.

This encyclopedia was prepared, compiled, and organized by the (Research Unit of the Fatwa Department) within the Ministry of Awqaf and Islamic Affairs in Kuwait, and the first edition was printed in 2020.

 

The encyclopedia was structured with an academic introduction followed by eleven chapters organized in a jurisprudential manner, divided into three parts. The introduction included important headings as an entry point to the encyclopedia. After discussing the significance of the encyclopedia and its methodology and work plan, it delved into Islam's concern for food and drink, their regulations, and the role of the Fatwa Department in the halal industry. The introduction concluded with Quranic verses, Hadiths, historical accounts, and important terminology related to the halal industry, each discussed separately.

 

As for the chapters of the encyclopedia:

 

In the first part, there are two chapters: the chapter on religious rulings (fatwas) regarding food, and the chapter on religious rulings regarding drinks.

In the second part, there are three chapters: the chapter on religious rulings regarding slaughtering (tazkiyah), the chapter on religious rulings regarding utensils, and the chapter on religious rulings regarding purification and impurity (taharah and najasah).

In the third and final part, there are six chapters: the chapter on religious rulings regarding drugs and intoxicants, the chapter on religious rulings regarding additives, the chapter on religious rulings regarding medicine and treatment, the chapter on religious rulings regarding cosmetic products, the chapter on religious rulings regarding clothing and adornment, and the chapter on miscellaneous religious rulings.

 

The importance of the encyclopedia is highlighted in the following ways:

First: This encyclopedia is unique in its collection of fatwas from scholars of the four major Islamic schools of thought since the second century of the Islamic calendar. It also includes fatwas issued by fatwa bodies and institutions in the Arab and Islamic worlds, as well as the rulings of reputable scholars from the past and contemporary eras, and the decisions of Islamic jurisprudential councils, all related to the halal industry.

 

Second: The encyclopedia contributes to spreading awareness of the intricacies, details, and regulations of the halal industry among students of knowledge, research centers, and the Muslim community at large.

 

Third: The encyclopedia serves as a distinguished reference for understanding the fiqh (Islamic jurisprudence) and usul (principles) related to the halal industry. These are highlighted with bold text and enclosed in brackets.

 

Fourt: The introductory section of the encyclopedia acts as a credible reference for all the Quranic verses, Hadiths, and narrations related to the halal industry, making it easy for researchers to access them in their scholarly studies.

Fifth: The encyclopedia serves as a reputable reference for essential terminology related to the halal industry.

 

Sixth: It is a trusted and accessible resource for Islamic minority communities living in non-Muslim societies, as it contains fatwas relevant to their specific environments.

 

Seventh: The encyclopedia's methodology involves organizing fatwas within each chapter and categorizing them chronologically. Each fatwa is assigned a sequential number, facilitating easy reference and citation. This approach makes it a unique encyclopedia in terms of its methodology and the organization of its fatwas.

 

In light of this unique encyclopedic endeavor, we express our gratitude to the Fatwa Department in the State of Kuwait. We also hope that all fatwa bodies, research centers, universities, and institutes in the Arab and Islamic worlds will actively contribute to the service of Islamic knowledge and the facilitation of access to it through collective and encyclopedic efforts in all its principles and branches.

 

All perfect praise be to Allah, the Lord of the Worlds.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

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