- What governs us in matters of ḥalāl and ḥarām is the Islamic Sharī῾ah, not merely what is permitted by local laws. There may be conflicts—indeed, there often are—and in such cases, we prioritize what the Sharī῾ah has prescribed over anything else when it comes to rulings, judgments, and fatwā.
- In determining permissibility or prohibition, a common mistake that some muftīs fall into must be pointed out: issuing a fatwā based solely on the current reality without considering the ma᾽āl (consequences). However, the domain of fatwā is precisely about connecting the current reality with its likely consequences; otherwise, it would become mere abstract legislation without wisdom or foresight.
An example of this is the ḥadīth of the Prophet (peace and blessings be upon him): “A woman in ᾽Iḥrām must not wear a niqāb or gloves.” (Narrated by Mālik, al-Bukhārī, and others). This is a legislative command concerning ᾽Iḥrām during Ḥajj or ῾Umrah.
But does that prevent a muftī from issuing a fatwā allowing a woman to cover her face for a legitimate consequential reason? Or allowing her to wear gloves if there is a clear consequential benefit?
- Considering the ma᾽āl (consequences), we find that the vast majority of marijuana users consume it for non-medical purposes, and this results in numerous harmful effects. These include fluctuations in emotional states—from satisfaction to anger, temporary euphoria followed by depression, brief bursts of energy followed by lethargy and fatigue. It also leads to a disconnect from reality, where the user may feel happy in situations that logically demand otherwise. These are unnatural effects that contradict human nature and sound reasoning.
Talking about marijuana partially resembles past scholarly discussions on intoxicating or mind-altering substances, such as what is known in some Muslim countries as khat chewing (takhzīn). This is a harmful and widespread habit, which unfortunately some have tried to legitimize religiously—including prominent scholars—because they failed to consider its long-term consequences. Now we witness entire nations living in a semi-narcotic state, due to leniency with such substances. Where is the historic Yemen, once a fountain of Arab vigor and human productivity, compared to the Yemen of khat chewing today?
We also add to this the financial waste associated with using such substances. A young Muslim might work the entire week just to feed his craving for these materials—is not that alone reason enough for prohibition, and for restricting permissibility only to medically regulated use?
Conclusion:
What appears most sound to me is that selling these substances is impermissible under Islamic Sharī῾ah, even if it is legally allowed by law, except in narrowly defined medical contexts.
Anyone who sells such substances to Muslims is committing a sin and must repent and cease immediately.
Fatwā issued by Dr. Khālid Naṣr
