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Islamic Legislation on Drugs | Khilafatul Mumineen

Islamic Legislation on Drugs (المخدرات في التشريع الإسلامي)


Praise be to Allaah, Who has made good things lawful, and evil things prohibited. I testify that there is no god but Allaah, with Whom there are no partners. He guides the obedient to more obedience, and forgives the repentant and remits their sins. I testify that Muhammad is Allaah’s servant and Messenger. He brought a legislation that contained every good for the seekers of good. May Allaah bless him, his family and Companions. 

Servants of Allaah! The Islaamic Sharee’ah has been established to protect five things: religion, mind, soul, honor and property. The Islaamic Sharee’ah prohibits all that harms any of these five things. 

It may be wrongly thought that alcohol alone is prohibited by the texts from the Holy Qur'an and the Prophetic Sunnah. 

Some people may even claim the lawfulness of some narcotics, such as hashish, opium, anesthizing injections and pills, heroin, cocaine, etc., on the pretext that there is no clear text in the Holy Qur’an or in the Prophetic Sunnah to the effect that any of these are unlawful. 

The reality, though, is contrary to their claim. The Prophet sallallaahu 'alaihi wasallam said: “Everything that intoxicates is unlawful.” (Muslim). 

He also said: “Anything that intoxicates if taken in a large amount, is unlawful, even in a small amount.” (Nasaa’ie & Tirmithie). There is no difference in the prohibition of intoxicants, regardless of whether they are in the form of food or drink.

Muslim narrated on the authority of Umm Salamah, may Allaah be pleased with her, that she said: "The Prophet sallallaahu 'alaihi wasallam  prohibited everything that intoxicates or dulls one’s mind.”

Drugs hinder man from observing prayer and remembering Allaah. Drugs dull the mind, with which Allaah has honored man. In the absence of a mind,  no soul or honor can be preserved. A drug addict may sell all his property, become indifferent to his honor (wife, sister, daughter), or even worse, may offer his honor to other people. In pursuit of drugs, an addict feels no shame in turning into a pimp. 

The author of Al-Durr Al-Mukhtaar maintains: “It is prohibited to consume anesthetics, hashish or opium, since all these spoil man’s mind and hinder him from the remembrance of Allaah and from prayer. Overuse of these (substances) turns man into a foolhardy person. Some people have lost their minds after taking these things.” 

Ibn Hajar narrated that some scholars were of the opinion that eating hashish causes harm, both materially and spiritually. It was reported from Ibn Taimiyyah that whoever claims that hashish and other narcotics are lawful, is a disbeliever. This view was acknowledged by the Hanbali scholar’s who belonged to Ibn Taimiyyah’s school of thought. 

It was reported in Al-Jami’ and other references that whoever claims that hashish is lawful, will be considered a Zindiq [heretic] and an innovator in religion. 

Imam Ibn Al-Qayim said: “The term Khamr includes all that intoxicates, whether it is a solid or a liquid”. Thus, the term Khamr includes hashish, based on the Prophet’shadith: “Every intoxicant is Khamr.” (Muslim).

Allaah says which means: “O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination of Satan's handiwork: eschew such (abomination) that ye may prosper. Satan's plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allaah and from prayer: will ye not then abstain?” (Al-Maa’idah : 90-91).


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