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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

Does using a wet miswak while fasting break the fast?

A fasting person should ensure that the miswak is dry when using it.
However, if the miswak is slightly moist but does not release any liquid when squeezed, then its use does not break the fast.

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.

Is Zakah (obligatory charity) due on the money saved for marriage?

Zakah is due on the money saved for marriage if it reached the Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over possessing it.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

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