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Four Basic Principles about Halaal & Haraam Declaring something to be Halaal or Haraam is a very sensitive issue because Only Allah can do so. 1. Al- Qur’aan :
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Four Basic Principles about Halaal & Haraam • Declaring something to be Halaal or Haraam is a very sensitive issue because Only Allah can do so. 1 • Al-Qur’aan: • And say not concerning that which your tongues put forth falsely: "This is lawful and this is forbidden," so as to invent lies against Allah Verily, those who invent lies against Allah will never prosper.(Alnahal:116) • Al-Hadith: • May Allah Ta’ala ruin the Jews , for fat was declared haram for them ,but they melted it ( to use it).
All the things except meat are, in principle, Halaal. • Hence , they cannot be declared Haraam without a solid proof, andmeat cannot be declared Halaal without a solid proof. 2 • THINGS • MEAT • OTHERS • HARAAM • HALAAL
3 • Mashbooh(doubtful) things cannot be believed to be Haraam. • However, abstaining from their use is also necessary. Halaal Gray area Haraam
For an external use of something, its Tahaarat (purity) is enough whereas for the internal use of something, it is necessary that it be both Taahir and Halaal. 4
Common Rules to declare something Haram: • 1 • Text of The Quran & Hadees • Text of The Quran & • 2 • Harmfulness • 3 • Intoxication • Abominableness • 4 • 5 • Impurity • 6 • Human Dignity • Fierceness of Animals/Birds • 7
6 categories of Haraam Things
Things expressly prohibited by Quran or Sunnah such as: 1- • Haraam animals(e.g. Pig) • Halaal animals that have not been slaughtered in compliance with the Shari’ah requirements • seven parts of Halaal animals slaughtered in compliance with the Shari’ah requirements , namely: • blood, bladder, gall bladder, glands • penis , testicles and vulva • wine
Things that harm the human body or intellect to such an extent as cannot be neglected; 2- • Things that can intoxicate a man to such an extent that he is unaware of what he says or does; 3- • Things that are abominable to human beings, for example, nasal secretion, insects, pests, etc. 4- • Human parts and human derivatives such as hair, nail, etc. 5- • Things that are najis (i.e. filthy) as per Shari’ah laws such as faeces , wine, etc. 6-
Details Regarding Text of The Quran & Hadees • some of the Things prohibited by Quran or Sunnah are Haraam such as flowing blood And some are Makrooh such as six parts of Halaal animals. • some of the Things prohibited by Quran or Sunnah are Haraam lizatihi and other are Haraam liGhairihi. • The ruling of Hurmat concerns sometime with commodities and sometime with the actions of human beings.
First Principle of Impermissibility • Harmfulness • A Fundamental Principle for Determining • the Shariah Status of a Thing
Important Points: • Definition • Types of Harmful Things • Details in the Implementation of This Principle
Definition of Harmfulness Almost certain harmfulness of something for human being in any way and to a reasonable extent • Examples: • Fatal things such as poison • Things which cast narcotic effects on • mind such as opium, marijuana, etc. • Things that are mostly Harmful such as • unneeded medicines
Types of Harmful Things: Things Harmful to one’s life such as poisons Things Harmful to one’s mind such as intoxicants Things Harmful to one’s body such as unneeded medicines Things Harmful to one’s religion such as animals slaughtered in the name of some creature and not in the name of ALLAH TA’ALA
Some Details in the Implementation of This Principle Things declared Harmful Expressly are absolutely Haraam even though sometimes they do not actually harm somebody ,e.g. wine. Things not declared harmful Expressly are Haraam only when they actually cause harm to someone, e.g. a minute quantity of such a thing. Immediate harm is not a condition. Hence if something is likely to cause harm later on, it will be Haraam ,e.g. slow poison. If something is both harmful and beneficial, ruling will be subject to its dominant aspect.
Second Principle of Impermissibility Intoxication A Standard Mentioned Explicitly in the Quran & the Sunnah
Important Points: • Definition • Types of Intoxicants • Details in the Implementation of This Principle
Definition of Intoxicants: Things that affect a person to such an extent that he/she loses control of his/her mind and starts talking nonsense. Examples: Wine, opium, etc.
Types of Intoxicants: • Dry Intoxicants such as marijuana , opium ,etc. • Liquid intoxicants which are absolutely Haraam • Liquid intoxicants which are not absolutely Haraam, and there are some conditions to declare them Haraam
Some Details in the Implementation of This Principle Such a small quantity of dry intoxicants as does not usually intoxicate is not Haraam. Using dry intoxicants in as much quantity as usually intoxicate s is Haraam. Dry intoxicants are not always and necessarily Najis (impure). Hence, poison is Haraam but not Najis. It is allowed to use Taahir (pure) dry intoxicants as an ointment for curing some disease. Execution of “Hadd” , in this case, is limited to the use of liquid intoxicants. However, “Taazir” can be executed when someone gets intoxicated by using a dry intoxicant.
Liquid Intoxicants • 1)Absolutely Haraam: • Al-Khamr(Uncooked alcoholic beverage made from juice of grapes) • At-Tilaa(Alcoholic beverage made from juice of grapes cooked to the extent that two- thirds of it evaporates) • As-Sakar (Uncooked alcoholic beverage made from dates) • Naqee -uz–Zabeeb(Uncooked alcoholic beverage made from raisins) • 2) Controversial (Haraam Absolutely or Conditionally?): • Alcoholic Beverages Made from Sources other than Grapes & Dates, e.g. Barley • Synthetic Alcoholic Beverages
Some Details about Liquid Intoxicants • According to the Hanafi School of Fiqh, it is permissible to convert all the absolutely Haraam beverages into Vinegar, but any other use of them is absolutely prohibited. • Absolutely Haraam beverages are absolutely Najis (impure) . Hence, their external use is also impermissible. • Sale & Purchase of the absolutely Haraam beverages is also impermissible. • Drinking such quantity of controversially Haraam beverages as intoxicates is Impermissible, and the “Hadd” will be executed to those who do so. • Drinking alcoholic beverages other than those which are absolutely Haraam in a non-intoxicating quantity is allowed for cure only, and not for merry –making.
Kinds of Alcohol • Natural • Synthetic
Ruling on Medicines , Foods & Beverages Containing Alcohol: 1 According to the Hanafi School of Fiqh, if the alcohol used in medicines, foods & beverages is synthetic or has not been derived from absolutely Haraam beverages, it is permissible on the condition that it does not intoxicate .
Ruling on Medicines , Foods & Beverages Containing Alcohol: 2 If the alcohol used in medicines, foods & beverages has been derived from absolutely Haraam beverages and change of state occurred during the preparation of the product, the product is Halaal & Taahir , and it can be used for the internal use as well.
Ruling on Medicines , Foods & Beverages Containing Alcohol: 3 If the alcohol used in medicines, foods & beverages has been derived from absolutely Haraam beverages and change of state has not occurred during the preparation of the product, the product is Haraam & Najis (Impure).
Third Principle of Impermissibility Abominableness
Definition • Tayyib (Wholesome): • Things which are intrinsically and naturally liked by a Saleem-ut-Taba’a person. • Khabeeth( Abominable): • Things which are intrinsically and naturally disliked by a Saleem-ut-Taba’a person.
Some Examples of Abominable Things • Spittle/Saliva • Nasal Secretion • Human Sweat • Insects /Pests • Crab • Seven Impermissible Organs of a Halaal Animal
Some Details in the Implementation of This Principle • Each abominable thing is not necessarily Najis. • All the Tayyib things are Halaal provided that they do not fall under any of the five principles of impermissibility. • All the Khabeeth(abominable) things are Haraam, and hence impermissible to eat or drink. However, if they are Taahir, they can be used for external use. • For declaring something to be Khabeeth, it is enough that the thing is abominable to human nature. However, the criterion is the nature and taste of a Saleem-ut-Taba’a person.
Definition of a Saleem-ut-Taba’a Person • A religious-minded Muslim who cares for what is Halaal and what is Haraam and is aware of the spirit of the Islamic Shariah
Fourth Principle of Impermissibility • Najaasat (Impurity)
Definition of Najis (Impure) Things “All those things which have been declared impure and abominable from the Shariah viewpoint, neglecting whether the human nature dislike them or not”
Types of Najaasat (Impurity) NajaasatGhaleezahwhich has been called Najaasatunanimously and which people usually do not encounter with. Najaasat Khafeefah which has not been called Najaasat unanimously by the Muslim Scholars and which people usually encounter with Najis Li Ainihee : something Najis in itself. Mutanajis : Something that was Taahir in itself but has become Najis because of its contact with something Najis itself
Some Examples of Najis Things • Wine • Flowing Blood • Pig • Urine & Excreta of Haraam Animal • All the parts of Maitah (carrion)
Some Details in the Implementation of This Principle
Difference between Halaal and Taahir 1- The principle of Najaasat is to be Used for declaring some thing Haraam. But every Tahir thing is not Halaal. For example , earth/dust is Taahir but not Halaal.
2 Difference Between Najaasat and Najis Things Najaasat is not a commodity or an Object of sale whereas Najis things are commodities. Hence, trade in Najaasat is impermissible whereas that in Najis things may be permissible. Najaasat can not be used for bothe internal and Externaluse for example massage with the residue of wine is Haram.Najathing is prohibited just for Internal use, the external use of Najis (impure) things can be permissible in some cases Such as the flour kneaded in Najis Water.
4 Use of Najaasat in itself as an animal feed is absolutely impermissible. However, a Najis (impure) thing can be used for this purpose on the condition that Taahir ingredients are dominant in the feed.
5 Najaasat can be rendered Taahir only through change of state whereas Najis (impure) things can be rendered pure by removing the Najaasat from them as well as through change of state.
Methods for removing Najaasat Washing Rinsing or Filtration Boiling Tanning Change of State
Fifth Principle of Impermissibility • Human Dignity
Definition Dignity granted by the Shariah to every human body, its parts and its derivatives
Implementation of the Principle This principle will be applied to all the parts of the human body (except the Najis or abominable secretions) whether separated in life or after death. Examples are hair and nail.
Rule 1: Any use of any human part is impermissible whether it be in food items or in any other item.
Rule 2: Trade in Human parts or derivatives is also impermissible.
Some Exceptions That use of a human part which has been allowed by the Shariah, e.g. Suckling or breast feeding, is permissible. 2. Those human parts which are separated from the body without any surgery and which continue regenerating (such as blood) are permissible to use only in case of needed in the direly required amount only.
جزاکم اللہ خیراً جزاکم اللہ خیراً From: Halaal Foundation A Shariah-based Halaal Research, Awareness & Certification Body Email: info@halaalfoundation.com www.halaalfoundation.com