Praise be to Allah, alone in His majesty and His might.
We Praise Him, and seek His help and forgiveness.
We seek refuge in Allah, Most High, from the evils of our own selves
and from our wicked actions.
Whomsoever has been guided by Allah, none can misguide him,
and whomsoever has been misguided by Allah, none can guide him.
I bear witness that there is no true God worthy of being worshipped except Allah, alone, having no partner. And I bear witness that Muhammad (s.A.w.)
is His true slave and Messenger.
To proceed:
That the most truthful speech is that of Allah's
Book and that the best of guidance is that of Muhammad (s.A.w.).
"Mankind, eat anything lawful, wholesome that
exist on earth, and do not follow in Shaytaan's footsteps; he is an open
enemy of yours. He merely orders you to commit evil and shocking deeds,
and to say what you do not know about God." (2:168-169)
The objective of the first article was to quote sayings
from our well known scholars regarding the prohibition of smoking. One
does not describe the laws of Allah as discriminatory to the sayings and
Fataawa of the Ulama' where the means for a Fatwa is to clarify the rulings
more clearly which is derived from the Qur'an and the Sunnah and have gone
through the process of Usul Fiqh. The Fataawa from the scholars are not
words uttered from their own understanding but what is according to the
Qur'an and the Sunnah. Those statements were made by our well known scholars
in matters that have been clearly established in the sciences of Fiqh.
It is well known that the scholars do not have any disagreements on this
issue especially after the light of evidences given by modern medicine.
Those who find it difficult to accept the ruling, may
be due to the lack of understanding with regards to the proper sciences
of Usul Fiqh, understanding Qaedah al-Manar az-Zahabiah, inability to give
respect for our Ulama', misuse of Taqlid or not knowing the Ulama' of 'Tarjih'
namely Ibn Daqiq al-'Eid, an-Nawawi, Ibn Taimiyyah, Ibn Qayyim, as-San'ani,
Imam Shawkani and others. One has to understand the position of Ulama'.
The Ulama' here means the proper scholars of Islam who adheres to the correct
Manhaj and is not influenced by incorrect political means nor does so for
their own benefit. There is a 'Rajih' (strong and preferred) opinion among
the scholars of ahl-Sunnah wal Jama'ah that smoking is prohibited. They
have referred it from the Qur'an and the Sunnah to produce this ruling
based according to the methodology and the principles of the Shara'. Our
adherence is only to the Nas of al-Qur'an and the Sunnah which are beyond
doubt to be correct. And we also take into account the sayings from the
Ulama' but not to be used as a 'Hujjah' on its own or as a 'Dalil'. Rather
we use it to make it easier for us to understand the Nas and also to remove
doubts as well as to clear contradictions which occur in the Nas relating
to a particular Hukm. It is also important at this point to acknowledge
that the generation of the Sahabah, the Tabiin and the early Muslims are
the best examples to follow after the prophet (s.A.w.). Their understanding
in the matters of Deen are more Sahih and encompasses the true spirit of
the Shari'ah. We will not ignore their ways and teachings to follow any
Bid'ah (things invented in Islam that contravene the Sacred Law) invented
after their time. Rasul Allah (s.A.w.) himself said that they are the best
of the Ummah.
It is clear, that a Fatwa given by an 'Alim or in the
case of smoking, it being given by not just one but more than one group
of Fataawa committee to clarify what is already evident from the Qur'an
and the Sunnah. To add more weight to it, nowadays Fataawa rulings are
always backed up by research institute to analyse the particular matter
thoroughly and produce facts about it for the Fuqaha. This is the case
with smoking.
Usul Fiqh is the 'Ilm or science, invented by the Fuqaha
(jurists) to function as the guideline for the Faqih to do istinbat (deduction)
for the Hukm from many of the Dalil which are tafsil (not directly clear).
In other words it is the science which contains the methodology to be followed
when giving out a Hukm for a problem whether it comes from a Dalil or whether
it does not come from any Dalil. This is important because it gives the
Shari'ah the 'common denominator' or a platform to derive any Hukm whether
it exist directly from the sources of Shari'ah or whether it does not exist
and it is especially valuable for matters which are not directly addressed
in the Qur'an or the Sunnah. This 'Ilm is one of sciences in Islam which
is greatly honoured for, especially with its legacy of precision in thought
and methodology. It started with the writing of Imam as-Shafi'i, 'ar-Risalah'
(203H) until the writings of Imam Shawkani, 'Irshad al-Fuhul' (1255H).
Imam Shawkani wrote: "Usul Fiqh is where the Ulama' uses its sciences
to argue, refer and find solutions to problems". The primary sources
of Islamic Law are the Qur'an, the Sunnah, Ijma' (juristic consensus or
opinion), Qiyas (reasoning by analogy) and is also complemented by other
sources such as al-Masalih al-Mursala (public benefit) and istislah (seeking
the best solution for the general interest). They all play an important
part in the process of deriving a rule through the process of Usul Fiqh.
Islamic Law is not made by Muslims but in the light of contemporary situations
it is interpreted by Fuqaha; once derived from the Qur'an and the Sunnah,
it can never, even by a comma, be changed. As Ibn Qayyim warned us not
to fall into the same trap as the 'ahl Bid'ah', such as one of the sect
of the Murji'ah who rejected the use of ta'wil (interpretations), rejected
the use of Qiyas, to deny the use of opinions and to only take the Dhahir
(direct) meaning from the Qur'an and the Sunnah. If there are no literal
Hadith which talks specifically about something, it still does not mean
that you are allowed to indulge in that practice when it goes against the
principle of Islam. One similar example is the Hashish or an isolated case
such as surrogate parenting.
Smoking is not a necessity act nor it is a good thing
to consume. As for its dangers are clear to the threats that it poses to
al-Islam, to the health and to our moral. Where smoking is concern, it
is one trick devised by Shaytaan and the result of its Talbis (twisting)
is to take us further away from the path of Allah (s.w.t.). Markaz ad-Da'wah
of al-Jamiah al-Islamiah in the book "al-'Aalam Yahtariq" reveals
the dangers of alcohol and smoking which leads to giddiness and dizziness
which will only weaken the Aqeedah, degrades the Akhlaq, damages the economy
and thus weakening the whole strength of the Ummah.
In the Islamic world, smoking has been discouraged in
Saudi Arabia, Turkey, Iran, Egypt and Sudan. Other parts of the world such
as China, India, Russia, Denmark, Sweden, the Netherlands, Austria, France
and Israel we find that smoking is prohibited in the army. And in most
countries they issue warnings to the dangers of smoking on cigarette boxes
and advertisements. In some countries, it is unlawful to smoke in most
public places. The evidence of the hazards of tobacco is overwhelming-to
the point that in the United States it is now forbidden to smoke in most
public sites as well as private domains. In these countries the prohibition
of smoking do not go as far to become a law because of the profits and
money which smoking generates. But there are countries in which smoking
is not only prohibited but its advertisements are also banned.
Islam is a system which is Shumul (complete). It has commandments
and prohibitions: it forbids actions which will lead to 'Munkar' (detestable)
and 'Mudharah' (harmful) - this includes smoking, even though this material
was not known during the time of the Prophet (s.A.w.); but the attributes
to what smoking will cause leads to it being prohibited, has existed in
the Qur'an and Ahadith of the Prophet (s.A.w.) which every Muslim uses
it for guidance in order to seek salvation in this world and the next.
Muhammad Iqbal as-Siddiq wrote: "So far as the use of tobacco is concerned, it may not be as seriously forbidden as the alcohol but its use is decidedly evil, and a Muslim should avoid it as far as possible." Yusuf al-Qaradhawi says: quoting a verse from the Qur'an,
"And let not your own hands throw you into destruction" (2:195) then quoted the Hadith, "Do not harm yourself and others" (Related by Ahmad & Ibn Majah) and says:
"As an application of this principle we may say that if it is proved that the use of tobacco is harmful to health, it is Haram, especially for a person who has been warned by a physician. Even if it is not harmful to health, it is still a waste of money, spent neither for religious nor for secular benefit, and the Prophet (s.A.w.) "forbade wasting of property" (Related by Bukhari). This become the more serious when the money is otherwise needed for the sustenance of oneself or one's family."
Modern researches have clearly shown that smoking benumbs
the brain and nerves - "when a man is tired or worried, he smokes
and at once feels much rested. The facts are that he really does not feel
better but rather he does not feel at all, because the tobacco has benumbed
his brain and nerves, so he no longer feels the pain and discomfort of
tiredness or worry." (Salmon, A.C.,1981)
In Oxford Textbook of Medicine (4/61) evidence of the harmfulness of smoking is clearly explained:
"Large and impressive studies have been carried outand
all point to the conclusion that, in countries in which many cigarette
smokers have been smoking regularly since early adult life, lung cancer
is some 10 to 15 times commoner in regular cigarette smokers than in lifelong
non-smokers and up to 40 times commoner in very heavy smokers..These
observations that smokers were at far greater risk of lung cancer than
non-smokers did not, in themselves, prove that smoke cause the disease
although it was difficult to think of any other way in which such a close
quantitative relationship could have been produced; but other observations
effectively exclude any alternativeFurthermore, it was found that when
extracts of cigarette smoke were applied repeatedly to the skins of laboratory
mice many tumours developed."
Smoking brings forth a number of chest diseases, tuberculosis,
cancer of lungs, eye diseases, cough, rheum, ulcer of stomach, various
skin diseases and other health problems. Nicotine, cidicianidric and the
tar is highly detrimental to human health. The smoker kills himself, directly
or indirectly, gradually by means of the poison that he snuffs for hours
together. As the warning hints "Tobacco seriously damages health"
and "Smoking causes cancer", there is nothing more despicable
like the use of tobacco which is in use in the entire world. Particularly
the whole world is addicted to smoking despite having the knowledge of
its harms and extravagance that it involves. We seek refuge in Allah against
the blind pursuit of covetousness of Shaytaan.
As-Sayyid Sabiq summarises what Shaykh Islam Ibn Taimiyyah says as:
"the conclusion for people who wants to eat, drink
or inhale and tries to make it Halal of all the things, elements and material
which affect the mind and brings harm to the body which will only result
in the wrath of Allah Almighty, His Prophets and of all the Mu'min. They
will only bring misery to the Deen, the mind, the moral and the character."
The opinion of Ibn Taimiyyah is followed by his student Ibn Qayyim where
in his work Zad al-Mad says: "Anything which affects the mind are
also included in the category of Khamr (wine) whether it is dense, or raw
or even a little." As-Sayyid Sabiq also concludes that "anything
which affects the mind in any way, by either eating it, drinking it, smoking
it or injecting it, the Hukm is Haram given by the clear evidences from
the Qur'an and the Sunnah."
According to history, humans discovered diseases through
stages parallel to the development of medical sciences. Many diseases were
unknown in the past but are clearly defined in our time along with the
dangers and risks that it possesses. Therefore in the past, doctors are
unable to spot the damages that smoking leads to, but the negative effects
that smokers persists were slowly taking its toll on the health of smokers.
Some Ulama' of Islam had said that smoking is Makruh (a hated act) early
on, because of the lack of proof that smoking really harms the body. Doing
a Makruh act in Islam is already objectionable and will lead to the pleasure
of Shaytaan and not Allah Tabarak. Doing an act of Makruh will only jeopardise
our entry into Paradise. Worse still, if one does an act of Makruh continuously
the act then becomes Haram.
There were already Ulama' at the same time period who
explicitly declared the total prohibition of tobacco. Among them Shaykh
al-Islam Ahmad as-Sanhuri al-Bahuti al-Hanbal from the Hanbal school, Shaykh
Ibrahim al-Laqqani, Abu Ghaits al-Qasyasy al-Maliki from the Maliki school,
Najmuddin Ibn Badruddin, al-'Arabi al-Ghazzi al-'Amiri as-Shafi'i from
the Shafi'i school, and Shaykh al-A'zham Muhammad al-Khawajah, Isa as-Syahwai
al-Hanafi from the Hanafi school. They based their Fatwa on the main principle
by making a Qiyas with Khamr in which Khamr is Haram, whether it is in
small quantity or a large one or whether it affects the mind or not. Accordingly
the term 'Muskir' is applied to something that affects the mind even if
it is for a short while. (Refer Fawakihul Adidah fi Masa'il Mufidah or
Majmu' al-Manqur 2/80-87)
At that early stage these Fuqaha did not even use the
health arguments nor the misspending of ones wealth. In the later stages,
smoking has been identified as the source of many diseases and dangers
which it poses to the development of a healthy mind. Smoking also disturbs
the health, weakens the body, impairs the immune system, increases the
rate of death and shortens one's life span. After realising all these ill
effects and with statements given by competent medical authorities that
smoking is harmful to the body, the Ulama' hold that the Hukm based on
juristic consensus (Ijma') for the act of smoking is beyond doubt to be
Haram.
Shaykh Abd al-Wakil Durubi says:
"In the past centuries, before the harmfulness of
tobacco had been scientifically established, some formal Fatwa were given
that smoking is merely Makruh (a hated act). In light of what we know today
about the harm tobacco causes, such opinions are plainly no longer the
reliable position for Fatwa. If uneducated Muslims who follow these opinions
may plead ignorance, Islamic scholars for their part, should fear Allah
and remember that there is juristic consensus (Ijma') that it is not lawful
to judge by other than the soundest and most reliable position (Rajih).
Someone with knowledge is obliged to teach people what is closer to Islam."
The Qur'an is made up of principles which are 'Am (general)
and principles which are Khas (specific). A believer who keeps to the rope
of Allah will keep to those principles. Supposing that, Allah does not
mention a matter specifically or clearly along with its Hukm, then we will
resort to general principles of Islam which covers all aspects of human
life. The Hukm of smoking is beyond doubt or beyond Syubhat. Even though
cigarettes or tobacco are relatively new but its character and Hukm has
already been described by the fundamentals of Islam.
Furthermore in the recent past, many congresses and conventions
were formed and their sole intention is to research the issue of smoking
and dangers it bears to one's health. And this was participated by Muslim
and non-Muslim specialists. Among its resolutions and summaries are smoking
poses health threats to the human being and they acknowledge that this
is a menace for this world that has to be tackled. Especially at this late
stage in human history, the evil effects of smoking is more apparent than
any other time before this century. Looking at the dangers and ill effects
that smoking persists, just as Islam leaves some of their decision to the
experts in the medical field, we find both Ulama' of Salaf (early) and
Khalaf (later) pointing out that smoking is against the principle of Islam
because it decidedly exposes humans to destruction, death or diminishes
the life span or at the least smoking depresses the mental health. The
effects of tobacco do not only harm the smoker but also those who live
or work around him. According to the US Surgeon General's report, 390 000
people die each year in the United States as a direct result of smoking.
This is how we look at the evil effects from the medical
perspective, not enumerating other viewpoints yet. In the past, smoking
is either Haram or Makruh but today the Hukm is no longer two-fold; it
develops to the level of Haram only: which encompasses a prohibition by
the Lord and would be condemned for doing it which neither brings benefit
or reward.
According to the scholars of Sunnah, the term Haram and
Makruh are only two names which are actually at the same level in which
both of them are prohibited. Haram which means 'Prohibition' because of
transgressing the limits set by Allah whereas Makruh means 'a hated act'
because of not following the guidance of Allah, besides doing something
which is wasteful, unproductive and is hated by the Almighty.
Imam at-Tirmidhi reports from Abi Barzah al-Aslami who heard the Prophet (s.A.w.) said:
"No slave will move his 2 feet in the Day of Resurrection until he is asked:
Islam places its greatest emphasis upon personal cleanliness
and hygiene both for the health of the body in this life and the salvation
in the Hereafter. Islam puts much emphasis upon the cleanliness of teeth
and mouth:
Aisha said on the words of the Prophet (s.A.w.):
"Purifying the mouth is a means of seeking the pleasure of the Lord."
(Reported by Bukhari)
The Prophet (s.A.w.) said:
"No slave will reach the level of Taqwa (God consciousness) until he abstains from whatever which does not bring good due to him being careful not to indulge in anything which is prohibited." (Related by at-Tirmidhi)
One of the most serious problems threatening our children
today is addiction to tobacco, alcohol and drugs. This will ultimately
be won or lost depending upon education in the home. Muslims are strictly
prohibited from every kind of alcoholic drink, and Islamic scholars have
ruled that generally all addictive drugs, including tobacco are Haram.
This does not mean however, that Muslim children have no drug problems.
In fact, there are many Muslim children hooked on tobacco and some even
on hard drugs. Unfortunately many Muslim parents use tobacco themselves,
setting a bad example for their children. Parents who establish a positive
environment and set the right example are most likely to win the war against
drugs.
Z. Ziglar in 'Raising Positive Kids in a Negative World' (page 204) wrote:
"When your child reaches the age of 7, collect 20
or more cigarette butts and seal them in a jar for a couple of days. Let
your child deeply breathe that air and ask him if he thinks putting that
'stuff' in his body would make him feel good or bad. Next, take a fresh
cigarette and let him hold it, smell it and look it over carefully to satisfy
his natural curiosity. Then take back the cigarette and say, 'If one of
your friends tries to get you to try some of these, you are to say, 'No,
smoking makes you smell bad and feel bad. Doctors say it makes you sick,
and besides, I promised my parents that I wouldn't."
Look at how a non-Muslim educates their children to protect from the evils that are coming out today. Muslim parents should also tell their children that because smoking harms their bodies, it is Haram. So, if they were to smoke knowing this, they will be disobeying Allah and thus inviting His anger.
"O you who believe, guard yourselves and
your families from the Hell fire whose fuel is men and stones"
(66: 6).
It is clear that smoking goes against the true spirit
of Islam. It is our duty to discourage and warn people of the dangers of
smoking because it is part and parcel of the Deen of Islam to enjoin Good
and forbid the Evil. Nevertheless one would not go out and scold people
about smoking lest you sit down and explain to the ignorant why smoking
is prohibited. In order to give a Naasihah (advice), one has to create
a suitable environment to give the Naasihah.
"You who are wrapped in a blanket, stand up and
warn! Magnify your Lord, purify your clothing and steer clear of filth.
Do not give so much a way that you must ask for more; act patiently towards
your Lord." (74:1-7)
I would like to quote an advice from Yusuf al-Qaradhawi to our Muslim youths:
"You must protect yourself from falling into the
pitfall of damaging your health and weakening your strength. Do not let
your desires and your imagination fool you in thinking that smoking is
a symbol of manhood and freedom. Therefore whenever one starts to smoke
and finds it difficult to cope with it, at this early stage it is easy
to fight and break the desire. Know that this is an early measure to combat
the trick of the devil before it becomes entrenched in you."
The Prophet of Allah (s.A.w) said:
"Refrain from harming your own soul, and follow
not its whims into the disobedience of God."
Al-Qurayshi reported that it is said that Allah (Most
High) revealed to Prophet Dawud (a.s.): "O' Dawud! Warn and caution
your companions about indulging in desires, for hearts which are attached
to worldly desires are veiled from Me." (Ar-Risalah, 398)
Abu Nu'aym reported that Sufyan at-Thawri said:
"Never have I dealt with anything more difficult
than my soul, which sometimes helps me, and sometimes opposes me."
(Al-Hilya 7/5)
May we take refuge in Allah from the evils which are in our society and remember always the warning given by our Prophet (s.A.w.):
"Because of your love for something, it will make you blind and deaf."
(Reported by Muslim)
And the last of our prayer:
"Glory to your Lord, the Lord of Honour &
Power! He is better from what they ascribe to Him! Peace be upon the Messengers!
Praise be to Allah, the Lord of the worlds." (37:180-182)
Muhammad Afifi,