Articles

The Ruling of Islam on Drugs
Author : Dr Noah Ali Salman
Date Added : 28-08-2024

Praise be to Allah, the Lord of all worlds, and peace and blessings be upon the guiding bringer of good tidings, our master Muhammad, and upon his family, his companions, and those who follow him with excellence until the Day of Judgment. To proceed:

Scholars have explained that Islamic law was established to preserve the five necessities of life, which form the material and spiritual existence of a human being: religion, life, progeny, intellect, and wealth.

This preservation, as brought by the Sharia, operates on two levels: the level of protection and the level of care.

As for the level of protection, it focuses on prevention and keeping away harm and harmful elements. The level of care, on the other hand, is concerned with striving to achieve the desired goal, which is the absolute worship of Allah the Almighty.

The intellect is arguably the most important of these objectives; for religion without intellect is mere rituals and heresies, the self without intellect is chaotic movement, lineage without intellect is aimless procreation, and wealth without intellect leads to corruption and destruction.

Therefore, the Shariah has made the intellect the basis for legal capacity; whoever loses the blessing of intellect is exempted from accountability, as they are neither fit for it nor capable of fulfilling it.

Anyone who observes the effects of drugs of all kinds and their various consequences will see that they pose a clear danger, an outright assault, and a decisive threat to these five necessities. A drug user does not care about the rulings of their religion, nor do they pay attention to their duty towards their Creator. They neither strive to obey Him nor fear disobeying Him, which results in the corruption of their faith and the loss of their hereafter.

Drugs obliterate the mind and conflict with the religion, which commands the prohibition of anything harmful to the individual and society. Scholars have discovered, and continue to discover, more about the physical ailments caused by drugs, whether on the brain, the heart, or other parts of the human body.

As for the harm to the mind, in addition to its impairment, doctors and specialists have extensively detailed the dangers of addiction to the human mind and its physiological structure. Regarding the harm to progeny, drug use weakens sexual ability, damages embryos, and undermines honor.

A drug user, in their obsession with consuming drugs, is ingesting a poison that is universally agreed upon by rational individuals, scholars, and doctors as being destructive to the body, damaging to the soul, and causing a slow death. When bodies are destroyed and weakened, and the balance of truth and goodness is disrupted, families, which are the natural incubators for the upbringing and strength of progeny, become corrupted.

A drug user loses their human integrity and dignity, becoming a puppet in the hands of death merchants, chasing after illusions and, ultimately, a grim demise. They lack sound thinking, necessary balance, and the ability to make wise choices, which rational individuals strive for. They sell themselves and squander their money, desperately seeking their own destruction in the most horrific and dreadful manner.

Given the aforementioned points—though just a small portion of the broader depiction of the condition of those deceived and ruined by drugs—the ruling on them is definitive prohibition, as unanimously agreed by the scholars. This is due to the confirmed negative effects, the undeniable harm, and the established risks they pose to individuals and societies. Among the evidence relied upon by scholars to declare drugs as forbidden are:

First: Allah says {what means}: "O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful." (Al-Ma'idah, 90). Drugs share the same reason for prohibition as alcohol, which is intoxication by impairing the mind and covering the grace of Allah upon the person; thus, they fall under the same ruling.

Second: Allah says {what means}: "He allows them the good things and forbids them the evil." (Al-A'raf, 157). It is inconceivable for a rational person to classify drugs as anything other than evils.

Third: Allah says {what means}: "And do not throw yourselves into destruction." (Al-Baqarah, 195). One of the fundamental principles in Islam is to avoid anything that is harmful to human health. The use of drugs leads to physical, psychological, and social harm.

Fourth: From Umm Salama (may Allah be pleased with her), she said: "The Messenger of Allah (peace be upon him) prohibited every intoxicant and every drug that causes numbness." (Reported by Abu Dawood). Drugs, in their various forms, cause numbness and are destructive to the mind and body.

Fifth: Aisha (may Allah be pleased with her) said: "Allah does not prohibit wine because of its name, but He prohibits it because of its consequences. Therefore, any drink that has the same harmful consequences as wine is also forbidden, just like the prohibition of wine." (Reported by Al-Daraqutni).

As for the statements from scholars regarding the prohibition of drugs, some of them are:

First: It is mentioned in "Hashiyat Ibn Abidin" (Vol.3/P.239) that: "The scholars of both the Shafi'i and Hanafi schools agreed that a divorce pronounced by someone who has lost his mind due to consuming hashish is valid, based on their fatwa on its prohibition."

Second: It is also mentioned in the same source (Vol.6/P.457) that: "The consumption of narcotics such as hashish, cannabis, and opium is prohibited because they corrupt the mind and distract from the remembrance of Allah and prayer. There are reports of people who, after using these substances, suffered from mental disturbances and even death. The scholar who claimed that hashish was permissible is considered a heretic and innovator; Nujum al-Din al-Zahidi even stated that such a person could be considered an infidel and permissible to kill."

Third: It is mentioned in "Mughni al-Muhtaj" (4/187): "The two Shaykhs mentioned in the section on foods from Al-Ruyani that consuming hashish is forbidden. Al-Ghazali said in 'Al-Qawa'id' that the consumer of hashish should be punished and admonished. Ibn Taymiyyah stated that hashish first appeared in the late sixth century of the Hijra, during the rise of the Mongol Empire, and it is considered one of the greatest evils, even worse than alcohol in some respects. This is because it produces intoxication and pleasure similar to alcohol, and it is more difficult to quit than alcohol."

Fourth: Ibn Taymiyyah said: "Hashish, which is made from grape leaves, is also forbidden. Its consumer should be punished in the same way as a drinker of alcohol. It is even worse than alcohol because it corrupts the mind and temperament, leading to behaviors such as effeminacy and other forms of moral corruption. Alcohol, on the other hand, leads to disputes and fighting. Both prevent remembrance of Allah and prayer. Hashish falls under the prohibition of alcohol and intoxication, whether by name or meaning." ("Al-Siyasah al-Shar'iyyah" / p. 108).

Fifth: Imam al-San'ani said: "It is forbidden to use anything that intoxicates, even if it is not a drink, such as hashish." ("Subul al-Salam"/Vol. 4/P. 53).

Sixth: In the Sixth Regional Conference on Drugs held in Riyadh in 1974, it was stated: "The Islamic scholars of various schools of thought unanimously agreed on the prohibition of the production, cultivation, and consumption of drugs, whether natural or synthetic, and on criminalizing those who engage in such activities."

In conclusion, the consequences of drug use are devastating to individuals and society, and they conflict with the rulings and wisdom of Islamic law. Therefore, the ruling on drugs is prohibition. Similarly, trafficking in drugs—whether through selling, buying, smuggling, marketing, or profiting—is also forbidden, as anything that leads to something forbidden is itself forbidden.

And all perfect praise be to Allah the Lord of the Worlds.

 

 

 

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

What is the ruling on the use of an inhaler by a *muḥrim* (a person in the state of *iḥrām*)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.
It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.