In recent times the phenomenon of drug-taking has increased, especially hashish, because the people think that it is not khamr that befogs the mind.
My question is – is it really khamr (an intoxicant)? If a person drinks khamr, will his prayer not be accepted for forty days? In that case, how valid is the fasting of one who smokes hashish during Ramadaan?.
Praise be to Allaah.
There is no doubt that taking drugs is haraam, including
hashish, opium, cocaine, morphine, and so on. That is for many reasons,
including the following:
1 – It dulls the senses and befogs the mind, and whatever
does that is haraam, because the Prophet (peace and blessings of Allaah
be upon him) said: “Every intoxicant is khamr, and every intoxicant is
haraam. Whoever drinks khamr in this world and dies persisting in that and
without having repented, will not drink it in the Hereafter.” Narrated by
Muslim, 2003.
Al-Bukhaari (4087) and Muslim (1733) narrated that Abu Moosa
said: The Prophet (peace and blessings of Allaah be upon him) sent
Mu’aadh ibn Jabal and me to Yemen, and I said: O Messenger of Allaah, there
is a drink that is made in our land and is called al-mizr, which is made
from barley, and another drink called al-bit’, which is made from honey. He
said: “Every intoxicant is haraam.”
Al-Bukhaari (4343) and Muslim (3032) narrated that Ibn ‘Umar
(may Allaah be pleased with him) said: I heard ‘Umar (may Allaah be pleased
with him) say from the minbar of the Messenger of Allaah (peace and
blessings of Allaah be upon him): “O people, the prohibition of khamr was
revealed when khamr was made from five things: grapes, dates, honey, wheat
and barley. Khamr is whatever befogs the mind.”
There is no doubt that drugs also befog the mind and take
away reason.
Al-Haafiz ibn Hajar said: The general meaning of the words,
“Every intoxicant is haraam,” is taken as evidence that whatever causes
intoxication is haraam, even if it is not a drink. So that includes hashish
and other things. Al-Nawawi and others were certain that it is an
intoxicant, and others were certain that dulls the senses, and it is
arrogant to say otherwise, because its visible effects are the same as those
of khamr, such as euphoria and addiction.
Even if we assume that it is not an intoxicant, it is proven
in Abu Dawood that all intoxicants and relaxants are haraam. And Allaah
knows best. End quote from Fath al-Baari, 10/45.
Al-Khattaabi said:
Relaxants are those drinks that cause relaxation in the muscles and numbness
in the extremities, which is the precursor to intoxication. It is forbidden
to drink them lest they be a means that leads to intoxication.
Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) said: Everything that takes away
one's senses is haraam, even if it does not result in drunkenness or
intoxication. If it takes away the senses it is haraam according to the
consensus of the Muslims. With regard to using banj (lit. henbane) which
does not cause intoxication or take away reason, this is subject to a
ta’zeer punishment.
The scholars who studied the issue realized that hashish is
an intoxicant, and that it is only consumed by evildoers, because of the
pleasure and euphoria it brings. So it is like intoxicating drinks. Khamr
makes a person lively and argumentative, whereas hashish makes him relaxed
and lethargic, but it still befogs the mind and opens the door to physical
desires and heedlessness with regard to one's honour, which makes it worse
than intoxicating drinks. This is something that was introduced by the
Tatars.
The one who consumes a little or a lot of it is to be
subjected to the punishment for drinking: eighty or forty lashes, if he is a
Muslim who believes that intoxicants are haraam. End quote from
al-Fataawa al-Kubra, 3/423
It says in al-Siyaasah al-Islamiyyah (p. 92): Hashish
which is made from grape leaves is also haraam and the one who does that
should be whipped as the drinker of khamr is whipped. It is worse than khamr
in a way, because it corrupts the mind and mood, and robs a man of his
masculinity and makes him heedless about his honour, and other evil
consequences. But khamr is worse in another way, because it leads to
arguments and fights. Both of them keep a person from remembering Allaah and
praying. Some of the later fuqaha’ did not issue rulings on the punishment
for it, and they thought that the one who consumes it should be given a
ta’zeer punishment that is less severe than the hadd punishment, because
they thought they thought that it alters the mind without causing euphoria,
like banj (henbane). We have not found any comment on it among the earlier
scholars, but that is not correct, rather those who consume it become
addicted to it like those who drink khamr, if not more so, and it keeps them
from remembering Allaah and praying if they consume a great deal of it. It
also causes other evil results such as heedlessness about one's honour and
loss of masculinity, corruption of one's mind and mood, and so on. Because
it is something solid and edible, and it is not a drink, the scholars
disagreed as to whether it is naajis (impure) and there are three opinions
in the madhhab of Ahmad and elsewhere. It was said that it is naajis like
khamr that is drunk – this is the correct view; and it was said that it is
not naajis because of its solid state, and it was said that a
differentiation should be made between its solid and liquid forms.
Whatever the case, it comes under the heading of that which
Allaah has forbidden of khamr and intoxicants, whether by name or by nature.
Abu Moosa al-Ash’ari (may Allaah be pleased with him) said: O Messenger of
Allaah, advise us with regard to two drinks that we used to make in Yemen:
al-bit’ which is made of honey that is soaked until it becomes strong, and
al-mizr which is made of wheat and barley until it becomes strong. The
Messenger of Allaah (peace and blessings of Allaah be upon him) had
been given the gift of comprehensive and concise speech and he said: “Every
intoxicant is haraam.” Agreed upon in al-Saheehayn. End quote.
He also said: How about
the person who persists in consuming hashish, especially if he believes that
it is permissible, as some people do? Such a person should be asked to
repent; if he repents, all well and good, otherwise he should be executed,
because intoxicants are haraam according to scholarly consensus, and
regarding them as permitted is undoubtedly kufr. End quote. Al-Fataawa
al-Kubra, 2/309.
2 – They cause a great deal of harm, which may be greater
than the harm caused by drinking alcohol. The Prophet (peace and
blessings of Allaah be upon him) said: “There should be neither harming nor
reciprocating harm.” Narrated by Ahmad and Ibn Maajah (2341); classed as
saheeh by al-Albaani in Saheeh Ibn Maajah.
They cause harm to the person himself, to his family and
children, and to his society and nation.
With regard to the personal harm caused, they cause serious
harm to both the body and the mind, because intoxicants and drugs destroy
the health, nerves, mind, reasoning, the digestive system, and other
negative effects which impact the entire body, and it damages his dignity
and honour, as his personality becomes fragile, and he becomes a
laughing-stock and suffers from numerous diseases.
With regard to the harm that is caused to the family, this is
the mistreatment of his wife and children, so the house is turned into an
unbearable hell because of tension, anger, arguments, insults, repeated
utterance of divorce (talaaq), breaking of things, neglect of the wife, and
not spending properly on the home. Intoxicants and drugs may even lead to
the birth of children who are deformed or mentally handicapped.
The harm that is caused to society is evident in the huge
destruction of wealth with no positive return, which affects the man’s
interests and leads to the failure to fulfil duties and loss of public
trusts, whether that has to do with the interests of the state, institutions
or individuals. This is in addition to the damage caused by criminal acts
against people, property and honour. The harm caused by drugs is worse than
that caused by intoxicants, because drugs destroy moral values. End quote
from al-Fiqh al-Islami wa Adillatuha by Dr. Wahbah al-Suhayli,
7/5511.
To conclude, no wise
person would doubt that drugs are haraam, because of the textual evidence
that points to their prohibition, and because of the extensive harm that
they cause.
With regard to the punishment for one who takes drugs, it is
the same as the hadd punishment for drinking alcohol, as stated above by
Shaykh al-Islam ibn Taymiyah with regard to hashish. Drugs come under the
heading of khamr and intoxicants that have been forbidden by Allaah and His
Messenger.
The scholars and daa’iyahs have to explain to the people that
these drugs are haraam and point out the great harm that is caused by them.
With regard to your question about the prayer of one who
drinks khamr not being accepted for forty days, and the ruling on his
fasting,
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