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Resolutions of Iftaa' Board

Resolution No.(173): "Ruling on Importing Shoes Made from Swine`s Skin"

Date Added : 02-11-2015

Resolution No.(173)(5/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Importing Shoes Made from Swine`s Skin"

Date: 25/6/1433 AH, corresponding to 17/5/2012 AD.

 

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

On the above date, the Board reviewed the question asked by His Excellency, the Director-General of the Jordan Standards and Metrology Organization and it reads as follows: What is the ruling of Islamic Sharia on a company that intends to import shoes made from swine`s flesh?

After prolonged deliberations, the Board decided what follows:

It is forbidden to manufacture shoes, clothes and other products from swine`s skin, as indicated by the following verse: "Say: "I find not in the message received by me by inspiration any (meat) forbidden to be eaten by one who wishes to eat it, unless it be dead meat, or blood poured forth, or the flesh of swine,- for it is an abomination - or, what is impious, (meat) on which a name has been invoked, other than God’s". {Al-An`am/145}.

Interpreters of the Quran stated that the above verse indicates that all the parts of swine are forbidden; however, its flesh was mentioned because it is the most utilized part. A proof of this is the Hadith of Jabir, where swine has been absolutely forbidden. Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Messenger (PBUH) as saying in the Year of Victory while he was in Mecca:

Verily Allah and His Messenger have forbidden the sale of wine, carcass, swine and idols, It was said: Allah's Messenger, you see that the fat of the carcass is used for coating the boats and varnishing the hides and people use it for lighting purposes, whereupon he said: No, it is forbidden, Then Allah's Messenger (PBUH) said: May Allah the Exalted and Majestic destroy the Jews; when Allah forbade the use of fat of the carcass for them, they melted it, and then sold it and made use of its price (received from it)." {Agreed upon}.

The filthy or impure can`t be made pure by tanning, as stated by the renowned scholar Ibn Abdeen (May Allah bless him), who said: "Because it is filthy as a whole, dead or alive, its filth of blood is unlike that of other animals; therefore, purifying it is unacceptable." {Rad Al-Mohtar}. Al-Imam Al-Khasani (May Allah bless him) said: "The sale of swine`s skin is invalid because it is filthy as a whole." {Bada`I As`sanai`}.

The accredited opinion of the four jurists is that swine is forbidden, and  utilizing from any of its parts is forbidden as well because it is filthy.

Accordingly, the Board of Iftaa` is of the view that it is forbidden to trade with all the products of swine and it advises Muslim traders not to buy what Allah has forbidden and not to bring such filth into the Muslim`s markets. And Allah Knows Best.

 

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

Vice Head of the Iftaa`Board, Prof. Ahmad Helayel

His Excellency, Prof. Abdulsalam Al-Abbadi/ Member

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

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ 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 the father a Mahram (Non-marriageable) to his son`s mother-in-law?

The father is a non-Mahram (Marriageable) to his son`s mother-in-law, so it is impermissible for them to look at each other, or to have a seclusion (Khalwah).

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

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