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IRSYAD AL-FATWA SIRI KE-229a : HUKUM MEMBERI MAKAN HAIWAN TERNAKAN DARIPADA BAHAN YANG DIRAGUI HALAL ATAU HARAM
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Soalan:
Apakah hukum memberi makanan kepada ayam yang sumbernya daripada meat bone meal, lembu (sebagai sumber protein) yang tidak diketahui sumber sembelihannya samada halal ataupun tidak yang ianya diberikan 5 hari sebelum disembelih ayam tersebut? Apakah hukum memakan ayam tersebut?
Jawapan:
Bismillah ar-Rahman ar-Rahim.
Alhamdulillah pujian dan syukur kepada Ilahi dengan pelbagai kurniaan dan anugerah yang tidak terhitung buat kita semua. Selawat dan salam ke atas Nabi SAW, keluarga, sahabat dan yang mengikut jejak langkahnya hingga hari kesudahan.
Isu ini telah dibincangkan oleh para fuqaha’ silam dan ia termasuk di bawah bab haiwan jallalah. Sabda Rasulullah s.a.w:
نَهَى رَسُوْلُ اللهِ عَنِ الْجَلَّاْلَةِ وَ أَلْبَاْنِهَاْ
Maksudnya: Rasulullah s.a.w melarang daripada memakan haiwan jallalah dan susunya.
(Sunan Abi Daud: 3785)
Menurut Imam Nawawi, haiwan jallalah bermaksud haiwan yang memakan najis samada ianya unta, lembu atau ayam yang dagingnya berbau najis. Hukum memakannya ialah makruh. Isunya ialah samada daging tersebut berubah bau, warna dan rasa. Jika tidak, maka ia harus dan tidak makruh. (Rujuk: Al-Majmu’ Syarh al-Muhazzab, 9/28)
Imam Syafii sebelumnya pula menegaskan bahawa haram memakan haiwan jallalah sehingga dikuarantinkan dalam beberapa tempoh tertentu bagi menghilangkan bau atau berubah kekotorannya (Rujuk Al-Umm, 2/265).
Fatwa Imam Syafi’e ini senada dengan fatwa Imam Nawawi, di mana ‘illah pengharaman haiwan jallalah ialah kerana ia akan mengubah bau dan rasa daging tersebut.
Mufti Kerajaan Brunei Darussalam dalam fatwanya yang bertajuk “Makan Ikan Yang Diberi Makan Najis,” Siri Fatwa (35/2006) telah memfatwakan:
“Hukum memakan haiwan jallalah adalah makruh apabila daging dan ususnya berbau seperti bau najis. Tetapi sekiranya daging haiwan jallalah tidak berubah rasa, warna atau bau seperti najis, maka hukum memakannya adalah harus sekalipun haiwan jallalah tidak makan kecuali najis sahaja.
Begitu juga, sekiranya haiwan jallalah yang berbau itu dikurung (dikuarantinkan) untuk diberi makanan yang suci sehingga hilang bau atau kesan najis padanya. Kemudian disembelih, maka tidak makruh memakan daging haiwan jallalah. Walau bagaimanapun, kadar had makanan yang diberi kepada haiwan jallalah dan tempoh masa ianya dikurung (dikuarantinkan) untuk menghilangkan hukum makruh tersebut tidaklah ditentukan kadar dan tempohnya. Ia adalah tertakluk kepada adat kebiasaan yang dijangka bauan kesan najis tersebut akan hilang.
Kedua, memberi makanan haiwan yang boleh dimakan dengan makanan najis. Hukum memberikan makanan haiwan yang boleh dimakan dengan najis hukumnya adalah makruh.
Ketiga, menjual haiwan jallalah. Hukum menjual haiwan jallalah yang sudah mati setelah disembelih sebelum dikurung (dikuarantinkan) untuk diberikan makanan suci agar hilang padanya kesan najis, hukumnya adalah makruh.”
Fatwa Kerajaan Brunei ini menepati fatwa yang dikemukan oleh Imam Syafie dan Imam Nawawi yang dinukilkan di atas.
Namun demikian, Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia (MJFK) Kali Ke-73 yang bersidang pada 4 - 6 April 2006, telah memfatwakan berkenaan isu ikan yang dipelihara di dalam kolam ternakan dan seumpamanya, hukumnya adalah haram dimakan sekiranya ikan tersebut SENGAJA dipelihara di dalam air najis atau SENGAJA diberi makan najis seperti daging babi, bangkai atau sebagainya.
Tanggapan kami terhadap fatwa MJFK ini ialah, fatwa tersebut dikeluarkan sebagai langkah sadd az-zarai’e, iaitu untuk mencegah sikap bermudah-mudahan sebahagian penternak yang tidak mengambil cakna akan soal haram haram dari sudut pemakanan. Ia juga bagi menjaga sensitiviti umat Islam sebagai masyarakat majoriti di Malaysia. Ia juga melibatkan dua isu yang berbeza iaitu babi yang diketahui berbau busuk yang melampau, dan juga daging babi yang tidak disembelih menurut syarak yang tidak demikian sifatnya.
Kesimpulan
Kesimpulannya, kami berpandangan hukum memberi makan kepada ayam daripada meat bone meal yang tidak diketahui status kehalalannya adalah HARUS, tapi MAKRUH menurut pandangan mu’tamad mazhab Syafi’e.
Sementelah lagi meat bone meal yang digunakan juga bukanlah yang haram secara pasti, kerana tidak diketahui sumber perolehannya samada daripada lembu yang disembelih atau tidak. Mengambil hukum setempat dimana Malaysia merupakan negara majoriti Muslim yang amat mementingkan kesucian makanan, maka meat bone meal tersebut bolehlah dianggap sebagai bersumberkan daripada lembu yang disembelih secara syar’ie.
Tempoh 5 hari kuarantin yang diamalkan juga hampir menepati fatwa yang dikeluarkan Imam Syafi’e (7 hari), dimana secara adatnya ayam tersebut akan bersih daripada sebarang kesan najis pada dagingnya samada dari sudut bau atau rasa.
Wallahu a’lam.
IRSYAD AL-FATWA SERIES 240: THE RULING FOR ATTENDING EVENTS OR FUNCTIONS THAT HAS ELEMENTS OF TRANSGRESSIONS
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Question:
What is the ruling for attending events or functions that has elements of transgressions?
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
To answer this question, it is better to analyse the ruling of attending wedding receptions as a case example. Then, other events or functions can be compared to it through qiyas.
The original ruling for attending wedding receptions if he is invited specifically, it is obligatory according to most of Islamic scholars from mazhab Maliki, Syafie and Hanbali. They referred to a hadith from Ibn Umar RA, the Prophet PBUH said:
إِذَا دُعِيَ أَحَدُكُمْ إِلَى الْوَلِيمَةِ فَلْيَأْتِهَا
“When you are invited to a wedding (walimah), then attend it.”
Sahih Muslim (1053)
The ruling that it is obligatory is taken from the Prophet PBUH’s words of فَلْيَأْتِهَا, that is a command word that brings the obligatory ruling in fiqh.
The following are scholars’ discussions on the original ruling of attending weddings. Mazhab Hanafi and one opinion in mazhab Syafie and Maliki states that it is sunnah. While there is another opinion in mazhab Hanbali and Syafie that states that it is fardu kifayah (collective obligation), which means it is enough if some people of the community attend it. Refer Al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah (45/235-236).
The Ruling of Accepting an Invitations to Functions or Events That Has Elements of Transgressions
All Islamic scholars agrees that if someone is invited to a wedding that he knows the event would have elements of transgression, such as they serve alcoholic beverages, and he cannot refuse it, then it is no longer an obligation for him to attend it. (See Hasyiyah al-Dusuqi: 2/377, Syarh al-Zurqani: 4/53, al-Hawi al-Kabir: 12/199, Raudhah al-Talibin: 7/334).
This is in accordance to a statement by Allah SWT:
وَقَدْ نَزَّلَ عَلَيْكُمْ فِي الْكِتَابِ أَنْ إِذَا سَمِعْتُمْ آيَاتِ اللَّهِ يُكْفَرُ بِهَا وَيُسْتَهْزَأُ بِهَا فَلَا تَقْعُدُوا مَعَهُمْ حَتَّىٰ يَخُوضُوا فِي حَدِيثٍ غَيْرِهِ ۚ |
“And it has already come down to you in the Book that when you hear the verses of Allah [recited], they are denied [by them] and ridiculed; so, do not sit with them until they enter into another conversation. Indeed, you would then be like them. Indeed, Allah will gather the hypocrites and disbelievers in Hell all together,”
Surah al-Nisa’ (140)
According to the verse above, the act of sitting in an event that has transgressions and insults the verses of Allah SWT, then it is prohibited. This is clearly stated with the phrase بِهَا فَلَا تَقْعُدُوا مَعَهُمْ that comes from ‘la al-Naahiyah’ that would result in the ruling of prohibition.
Imam Abu Ja’far al-Thabari Rahimahullah in his commentaries on the verse said:
وفي هذه الآية، الدلالة الواضحة على النهي عن مجالسة أهل الباطل من كل نوع، من المبتدعة والفسَقة، عند خوضهم في باطلهم
This verse is a clear evidence of the prohibition of sitting in an event with the falsehood people of any kind. This includes people of bid’ah and the fasiq people, when they are committing sins and transgressions. See Al-Jaami’ al-Bayan, al-Thabari (9/320).
Furthermore, there is another clear narration from the Prophet PBUH about the prohibition of sitting or attending an event where alcoholic beverages are served. From Ibn bbas R.Anhuma, the Prophet PBUH said:
من كان يؤمنُ باللهِ واليومِ الآخرِ فلا يشربِ الخمرَ من كان يؤمنُ باللهِ واليومِ الآخرِ فلا يجلسْ على مائدةٍ يشربُ عليها الخمرَ
“Whoever believes in Allah and the Last Day, don’t drink wine. And whoever believes in Allah and the Last Day, let him not sit at a table over which wine is being served.”
Sunan al-Haithami (1/283)
Siyaq or the context of this hadith, clearly states the prohibition of sitting in an event where wine is served. This is due to the words used, whoever believes in Allah and the last day, don’t drink wine. The restriction on drinking wine does not refers to it being undesirable but as a prohibition to the act. Thus, the next restriction of sitting in an event where wine is served follows the same ruling of drinking wine, which is, it is prohibited.
Fatwa by Authorized Bodies
First: Dar al-Ifta’ al-Misriyyah
In a fatwa issued by Syeikh al-Allamah Jaad al-Haq Ali Jaad al-Haq in 1979 M, he said, regarding events where there is giving or receiving of drugs, his words are: Allah SWT praises His servants that avoids any events that are frivolous or unbeneficial. Allah SWT states:
وَالَّذِينَ هُمْ عَنِ اللَّغْوِ مُعْرِضُونَ
“And they who turn away from ill speech”
Surah al-Mu’minun (3)
Abu Daud narrated from Umar R.Anhu, he said:
نَهَى رسُولُ الله صلَّى الله عليه وسَلَّم عَنِ الجُلُوسِ عَلَى مَائِدَةٍ يُشربُ عَلَيهَا الخَمْرُ
“The Prophet PBUH prohibits sitting where wine is being served,”
The lesson that could be taken from both the Quranic and prophetic evidences is that they both prohibit attending or sitting in the same event with those that transgressed the Islamic rulings in any form. And whoever that sits in such events would act with the same attitude of those that commits the transgressions. They would follow what is normally done by the transgressors such as drinking alcoholic beverages.
Second: There are differing opinions of attending such events. The azhar and strong opinion from mazhab Syafie and mazhab Hanbali prohibits it, referring to the hadith from Jabir bin Abdullah, where the Prophet PBUH prohibits sitting at a table where wine is served. This is due to the fact that attending an event where he knew there are elements of transgression, is as if he wants to hear or see the transgression. Refer Al-Hawi al-Kabir, Al-Mawardi 12/199, Raudhah al-Talibin, Al-Nawawi 7/334.
Mazhab Hanafi clearly states that anyone invited to a wedding while he knew there are elements of transgression in it, then it is not obligated for him to attend it. See Hashiyah Ibn ‘Abidin (5/222).
However, there is one opinion from mazhab Syafie, from Iraqis scholars that permits it, on the condition of denying the transgression in the heart. The reason for its permissibility is in hopes that their attendance would make the organizer feel ashamed and stops or decreases the transgressions in the event.
There’s an incident where Imam al-Hasan al-Basri and Muhammad bin Ka’ab were invited to a wedding. In the ceremony, they heard a singing concert, then Muhammad stands up to leave the ceremony, but al-Hasan pulled him back saying; “Their transgressions do not obstruct your obedience.”
Conclusion
To conclude, we would like to state that the ruling of attending events or functions that has elements of transgressions in it should be specified into two conditions:
First: For the general public, where his attendance would not affect the event in any way, then it is not necessary for him to attend it nor is he obliged to do so when he already knew there are elements of transgression before attending the event.
Second: For scholarly figures, such as religious leaders, if their attendance would make the organizer of the event feel ashamed and stop the transgression or at the very least decrease it, then their attendance is permitted.
In our Muslim society of Malaysia today, where the government uphold noble values and pure manners, we suggest that any form of celebration at the farewell party or otherwise, any elements of transgression should be avoided. This is how it should be.
Lastly, may Allah SWT give us the right understanding in religion. Ameen.
IRSYAD AL-FATWA SERIES 225: THE RULING OF PRAYING INSIDE A CAR
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Question:
Assalamualaikum SS Datuk Mufti. I want to ask your opinion regarding a celebrity that prayed inside his vehicle. Is this act permissible, when there are a lot of other places we can stop to perform our prayer?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
To answer this issue, there are a few important basics that are needed to be understood first.
The Ruling of Praying in A Car
The discussion regarding this issue, more or less has a basis, for there are a few narrations that mention this. One of them is a hadith from ‘Amir bin Rabi’ah, he said:
رَأَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ عَلَى الرَّاحِلَةِ يُسَبِّحُ يُومِئُ بِرَأْسِهِ قِبَلَ أَيِّ وَجْهٍ تَوَجَّهَ وَلَمْ يَكُنْ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَصْنَعُ ذَلِكَ فِي الصَّلَاةِ الْمَكْتُوبَةِ
“I saw the Prophet PBUH on his Mount praying Nawafil by nodding his head, whatever direction he faced, but Allah's Messenger PBUH never did the same in offering the compulsory prayers.”
Sahih al-Bukhari (1097)
Based on this hadith, the mount (animals) are used as a mode of transportation in the time of the Prophet PBUH, it is the same as vehicles used today. Thus, modern mode of transportation such as cars, aeroplanes, trains, boats and the like also falls under the same ruling as mounts.
Hence, is it permissible to pray in a car if someone is travelling? Also, what type of prayer is referred to by the hadith? Is it especially for the obligatory prayer or just for sunnah prayer?
Imam al-Hafiz Ibn Hajr al-Asqalani Rahimahullah when commenting on this hadith put it under the chapter of “Chapter: When He (the Prophet PBUH) Went Down (from His Mount) to Perform the Obligatory Prayer”.
This is one of the signs that signals what type of prayer can be performed on or inside a vehicle, and it is specific to sunnah prayers. While, to perform the obligatory prayer, one must go down of his vehicle. In other words, it is prohibited to perform the obligatory prayer while one is on his mount (animal ride).
Ibn Hajar wrote the opinion of Ibn Batthal regarding this issue, stating: “Scholars and ijma’ has agreed on the condition of (going down from animal mount) for this issue, and it is prohibited for someone to perform his obligatory prayer on animal mount without any reasons or facilitation (that is permitted by Syarak)”.
He further states: “The word praying in this hadith refers to sunnah prayer. This is based on other hadiths that support it.” See Fath al-Bari, Ibn Hajar (2/667).
We divide the issue of praying in vehicles into two types of vehicles used nowadays:
First: Praying on vehicles such as trains, aeroplanes and the like.
In this issue, it is permissible for someone to pray in it, whether it is obligatory prayer or sunnah prayer. This is after taking into consideration of the usual duration for journeys involving this type of transportation. Furthermore, there is no way for him to come down from this type of transportation unless he has arrived at the destination intended. Thus, the concept is clearly different than praying on animal mounts.
The in-depth discussion regarding the rulings of praying in an aeroplane can be accessed through the link https://bit.ly/2r3kfAe
Second: Praying on animal mounts.
Regarding praying on animal mounts such as a horse and a camel, it is very similar to a car that is used nowadays. This is due to the fact that someone that is in a car can easily stops and gets out of his car to pray. Furthermore, we live in a conducive environment, where in Malaysia, there are plenty of places provided, such as the surau in Rest and Recreation (R&R), petrol station and many more places especially for prayer, and someone can easily stop to pray comfortably.
Hence, the ruling of performing prayer in a car is the same as on animal mounts, such as camels and horses. Which means, it is permissible to perform the sunnah prayer in a car, but it is prohibited to perform the obligatory prayer in a car.
Should We be Facing the Qibla When Performing the Sunnah Prayer in a Car?
For this problem, we would like to state the opinions of previous scholars as well as contemporary scholars regarding this issue, they are as follows:
Al-Syeikh Muhammad bin Ismail Daud al-Fathani said: “If someone is in a vehicle and he can face the qibla for the whole duration of the prayer and completing all of its prerequisites or some of them, then he has to stay in that state. If he cannot face the qibla during the whole duration of the prayer, then it is enough for him to face the qibla during takbirat al-ihram. If he can’t, then he does not have to face the qibla.” Refer Matla’ al-Badrain, Syeikh Muhammad bin Ismail (1/3).
Hence, the requirement to face the qibla varies according to the situation of the person performing the prayer.
Al-Imam al-Qadhi Abu Syuja’ Rahimahullah said: “It is permitted for someone to leave the facing of the qiba in two situations; which is when he is in extreme fear or when performing sunnah prayer during travel on animal mount.” See Matan al-Ghayah wal-Taqrib, Abu Syuja’ (pg. 62).
Hence, after considering the environment and situation of the roads in our country, it is permissible for someone to perform sunnah prayer such as dhuha prayer or others, not facing the qibla.
Manners of Performing Prayer in A Car
For someone to perform prayer in a car, it is a bit different than when performing prayer normally. This is due to the fact that praying in a car involves signals by movements of the head, as explained in a few hadiths. There is a narration from Ibn Umar R.Anhuma, where he said:
كَانَ النَّبِيُّ صلى الله عليه وسلم يُصَلِّي فِي السَّفَرِ عَلَى رَاحِلَتِهِ، حَيْثُ تَوَجَّهَتْ بِهِ، يُومِئُ إِيمَاءً، صَلاَةَ اللَّيْلِ إِلاَّ الْفَرَائِضَ، وَيُوتِرُ عَلَى رَاحِلَتِهِ
“The Prophet PBUH used to offer (Nawafil) prayers on his Rahila (mount) facing its direction by signals, but not the compulsory prayer. He also used to pray witr on his (mount) Rahila.”
Sahih al-Bukhari (1000)
Imam al-Khatib al-Syarbini also used this hadith as an evidence in stating his opinion: “That it is enough for someone (that prayed on animal mount) to just use signals (for his ruku’ and sujud) and his sujud must be lower than his ruku’.”.
Conclusion
We conclude this issue as the following:
First: The ruling for performing sunnah prayer in a car is permissible, while for obligatory prayer, it is prohibited with the exception of darurat (desperate) situations.
Second: If someone has great influence or followers, he must avoid any acts that could confuse the community, unless he includes references or arguments from scholars or body of authorities.
Third: The prayer’s and conditions and prerequisites that need to be fulfilled are to be taken into consideration when praying. Thus, it is a priority and most preferred for someone to not pray in his car, if the environment is conducive, and it is easy for him to pray at a comfortable place compared to praying in a car.
Lastly, may Allah SWT give us the right understanding in practising His religion. Ameen.
IRSYAD AL-FATWA SERIES 224: THE RULING OF SITTING IN AN EVENT WHERE ALCOHOLIC BEVERAGES ARE SERVED
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Question:
Assalamualaikum SS Datuk Mufti WP. I want to ask your opinion regarding the ruling of attending an event where alcohol is served. What is the Islamic perspective regarding this issue and the right steps to be taken?
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
The Position of Alcoholic Beverages in Islam
The author of al-Fiqh al-Manhaji (3/75-81) explains the position of alcoholic beverages in Islam.
It is prohibited to drink anything that is intoxicating, whether it is wine (خمر), made from grapes or other alcoholic beverages (other than wine), which are made from something else. This is in accordance to a statement by Allah SWT:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنصَابُ وَالْأَزْلَامُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ
“O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.”
Surah al-Maidah (90)
The commandment of avoiding wine is stronger than the prohibition of drinking it. This is due to the fact that the prohibition is just for drinking intoxicants.
While the commandment to avoid it includes the warning against everything related to intoxicating drinks, which also includes drinking, buying and selling, attending an event where it is served and others.
The Ruling of Sitting in an Event Where Alcoholic Beverages is Served
In this issue, there are several Quranic and prophetic evidences that clearly prohibits this act. This is in accordance to a statement by Allah SWT:
وَقَدْ نَزَّلَ عَلَيْكُمْ فِي الْكِتَابِ أَنْ إِذَا سَمِعْتُمْ آيَاتِ اللَّهِ يُكْفَرُ بِهَا وَيُسْتَهْزَأُ بِهَا فَلَا تَقْعُدُوا مَعَهُمْ حَتَّىٰ يَخُوضُوا فِي حَدِيثٍ غَيْرِهِ
“And it has already come down to you in the Book that when you hear the verses of Allah [recited], they are denied [by them] and ridiculed; so, do not sit with them until they enter into another conversation.”
Surah al-Nisa’ (140)
According to this verse, sitting in an event where there are transgressions and insults to the verses of Allah SWT is prohibited. This is clear in the phrase ( فَلَا تَقْعُدُوا مَعَهُمْ )that comes with ‘La al-Naahiyah’ which results in its prohibition.
Imam Abu Ja’far Rahimahullah in his commentaries of this verse said:
وفي هذه الآية، الدلالة الواضحة على النهي عن مجالسة أهل الباطل من كل نوع من المبتدعة والفسَقة، عند خوضهم في باطلهم
“In this verse, the dalalah is clear for the prohibition of attending events that consists of the people of falsehood. This may be from the people of bid’ah, fasiq and those who commits falsehood.” See Al-Jaami’ al-Bayan, al-Tobari (9/320).
There is also another narration by the Prophet PBUH that clearly prohibits sitting in an event where wine is served in it. From Ibn Abbas R.Anhuma, the Prophet PBUH said:
من كان يؤمنُ باللهِ واليومِ الآخرِ فلا يشربِ الخمرَ من كان يؤمنُ باللهِ واليومِ الآخرِ فلا يجلسْ على مائدةٍ يشربُ عليها الخمرَ
“Whoever believes in Allah and the Last Day, don’t drink wine. And whoever believes in Allah and the Last Day, let him not sit at a table over which wine is being served.”
Sunan al-Haithami (1/283)
Siyaq or the context of this hadith, clearly states the prohibition of sitting in an event where wine is served. The restriction on drinking wine does not refer to it being undesirable but as a prohibition to the act. Thus, the next restriction of sitting in an event where wine is served follows the same ruling of drinking wine, which is, it is prohibited.
Fatwa by Authorized Bodies
First: Dar al-Ifta’ al-Misriyyah
In a fatwa issued by Syeikh al-Allamah Jaad al-Haq Ali Jaad al-Haq in 1979 M, he said, regarding events where there is giving or receiving of drugs, his words are: Allah SWT praises His servants that avoids any events that are frivolous or unbeneficial. Allah SWT states:
وَالَّذِينَ هُمْ عَنِ اللَّغْوِ مُعْرِضُونَ
“And they who turn away from ill speech”
Surah al-Mu’minin (3)
Abu Daud narrated from Umar R.Anhu, he said:
نَهَى رسُولُ الله صلَّى الله عليه وسَلَّم عَنِ الجُلُوسِ عَلَى مَائِدَةٍ يُشربُ عَلَيهَا الخَمْرُ
“The Prophet PBUH prohibits sitting where wine is being served,”
The lesson that could be taken from both the Quranic and prophetic evidences is that they both prohibit attending or sitting in the same event with those that transgressed the Islamic rulings in any form. And whoever that sits in such events would act with the same attitude of those that commits the transgressions. They would follow what is normally done by the transgressors such as drinking alcoholic beverages.
Second: Dar al-Ifta’ Jordan
Dar al-Ifta’ through its mufti, Samahah al-Mufti al-‘Am Dr. Nuh Ali Salman Rahimahullah when answering the issue of visiting the non-Muslims, when he knows that there are alcoholic beverages served in the event. He said: “It is prohibited for someone to sit in an event where alcoholic beverages are served in it, according to the statement of Allah SWT in Surah al-Nisa’ verse 140.”
Then he quoted the words of Imam al-Sarakhsi Rahimahullah: “It is commanded for a Muslim to not sit in events such as this. However, he must prevent others from drinking wine in an effort to prevent sins as much as he is capable to. And he must not go past these places, for these people are cursed.” Refer Syarh al-Siyar, al-Sarakhsi (1/57).
Conclusion
To conclude, after we have examined this issue properly, we hold the opinion that a Muslim is prohibited from sitting in an event where there is wine served. Its aims are to show the grandeur and eminence of Islam, guard the dignity and self-esteem of Muslims, avoid fitnah against oneself, and avoid any act that could corrupt the character and personality of a person. Hopefully, this explanation will benefit all of us.
Ameen.
IRSYAD AL-FATWA SERIES 221: THE RULING OF SERTU USING TAHARAH SOAP
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Question:
Salam, I want to ask, is it valid to samak using taharah soap? As we know, nowadays, there are a lot of people living in apartments where it is hard for someone to find clean and pure soil for the process of samak. So, is it valid to samak using this type of soap?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Mukadimah
Before we answer this issue further, we would like to explain the language usage issue first. This is due to the fact that there is a difference in the meaning for the terms samak and sertu.
According to Malay Literary Reference Center (PRPM), Dewan Bahasa dan Pustaka, samak is defined as: Substances used for cooking and coloring of animal skin: skin - cooked and colored skin. tanning 1 cook the skin so that it become soft and colored. Refer to the Second Edition of Kamus Pelajar.
However, the meaning for sertu is: to purify any part of the body affected by najis mughallazah (dog and pig) with water mixed with soil once and pure water six times, tanning. Refer: 4th Edition of Kamus Dewan.
Though there is no need to debate on the usage of terms, however by knowing the accurate terms will help us further in understanding an issue.
Definition of Taharah Soap
The naming of taharah soap is different from the naming of other soaps in the market. This is due to the fact of the difference in the ingredients of this soap, compared to other soaps.
Generally, taharah soap is also known as clay soap. Looking at the ingredients of this soap, it is made from a mixture of clay, and other natural minerals such as sodium, calcium and potassium.
The Ruling Regarding Sertu
Sertu is a process of removal of najis from dogs (licked). This is in accordance to several hadiths from the Prophet PBUH regarding this issue. In a narration by Abu Hurairah RA, the Prophet PBUH said:
طَهُورُ إِنَاءِ أَحَدِكُمْ إِذَا وَلَغَ فِيهِ الْكَلْبُ، أَنْ يَغْسِلَهُ سَبْعَ مَرَّاتٍ أُولَاهُنَّ بِالتُّرَابِ
“The cleansing of the utensil belonging to one of you, after it has been licked by a dog, is to wash it seven times, and using soil for cleaning at the first time.”
Sahih Muslim (279)
The same is stated in another hadith of the Prophet PBUH:
إِذَا شَرِبَ الكَلْبُ فِي إِنَاءِ أَحَدِكُمْ فَلْيَغْسِلْهُ سَبْعًا
"If a dog drinks from the utensil of anyone of you it is essential to wash it seven times."
Sahih al-Bukhari (172)
Based on these two narrations, we conclude the following:
- It can be understood from the hadith that a dog’s lick is filth and is considered as najis. Thus, it needs to be purified.
- The commandment to clean any utensil that has been licked by a dog, results to the obligatory ruling of it.
Imam al-Khatib al-Syarbini Rahimahullah said: “The wajh al-dalalah for the purification is the same as hadas, or filth, or honor. And there is no hadas to the utensil (drinking container), the same to its honor. Thus, the determinant (for purification) here, is the purification from (filth)”
Hence, it is sabit for the najis of the dog’s mouth, while it (dog’s mouth) is the cleanest part of its body. Thus, other than that (the mouth), other parts of the dog are considered as heavier najis. The same goes for swine, for it is worse than dogs. Refer: al-Iqna’, Al-Khatib al-Syarbini (1/105).
The Ruling of Washing Seven Times
Al-Malikiyyah scholars hold the opinion that washing seven times is ta’abbudiyy (a symbol of obedience), for their opinion is that the water licked by a dog is pure. [1] However, the majority of Islamic scholars of al-Hanafiyyah, al-Syafi’eyyah and al-Hanabilah hold the opinion that the ta’abbud is just for the seven times and not for the practise of purification, for it is mu’allal (with legal reason). Thus, water that is licked by a dog is najis.
In this problem, the scholars have differing opinions as to whether it is necessary to wash seven times or not. The opinions are divided into two:
First: It is obligatory to wash seven times and this is also the opinion in mazhab Malik, mazhab Syafie and mazhab Ahmad. They refer to the hadith from Abu Hurairah RA, as stated at the beginning of this discussion.
Second: It is not obligatory to wash seven times, and this is according to the opinion of mazhab Abu Hanifah. This is due to the fact that dog’s saliva is the same as other najis, and it is enough to wash with a single washing to remove its najis. However, the washing for seven times is mustahab (highly encouraged) and not obligatory. They refer to a fatwa that was once issued by Abu Hurairah RA that said that it is enough to wash three times to remove the najis of dog’s saliva, in narrations by Imam al-Thalawi and al-Daraquthni. This shows that the seven times washing is abrogated.
The second opinion can be explained with several explanations. Some of them are:
- The fatwa by Abu Hurairah contradicts what he narrated. Practising what he narrated by the Prophet PBUH is a priority than practising his fatwa.
- Abu Hurairah has also issued a fatwa that said to wash seven times and the sanad is stronger.
- Washing seven times is in line with a marfu’ narration, which reached the Prophet PBUH.
The Ruling of Tatrib (using soil) When Purifying Dog Najis
The following we detail the opinions of Islamic scholars regarding this issue:
First: al-Syafi’eyyah scholars hold the opinion that it is obligatory to wash using soil mixed with water to purify najis from dogs and swine and what is born from them. They use istidlal by stating this opinion, referring to the hadith from Abu Hurairah RA, the Prophet PBUH said:
طَهُورُ إِنَاءِ أَحَدِكُمْ إِذَا وَلَغَ فِيهِ الْكَلْبُ، أَنْ يَغْسِلَهُ سَبْعَ مَرَّاتٍ أُولَاهُنَّ بِالتُّرَابِ
“The cleansing of the utensil belonging to one of you, after it has been licked by a dog, is to wash it seven times, and using soil for cleaning at the first time.”
Sahih Muslim (279)
Second: Meanwhile, mazhab Imam Ahmad states that it is permissible to use other than soil in the process of sertu, such as using soap or others. Refer: Al-Mughni, Ibn Qudamah (1/74).
Third: As for scholars of al-Hanafiyyah and al-Malikiyyah, they hold the opinion that it is not obligatory to purify using soil for this matter (dog and swine). See: Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah (114/3).
The Ruling of Replacing Soap for Turab (Soil)
This issue comes back to the differing of Islamic scholars’ opinion regarding the ruling of using soil in the process of sertu; while some obligates it and others don’t. Hence, the opinions are divided into two and we detail them as follows:
- Some fuqaha’ hold the opinion that it is impermissible to replace soil with anything else in the process of sertu.
- However, other scholars hold the opinion of: If the soap results with the same meaning as using soil (to purify), then it is valid.
For scholars that state that the usage of soap is invalid, they present the following arguments:
- Syarak states turab (soil). Thus, the obligation is to follow the prophetic evidence.
- Bidara and the like are available in the time of the Prophet PBUH. However, the Prophet PBUH did not signals towards it (to be used for purification). Conversely, the Prophet PBUH state soil.
- The wisdom behind it may be due to the existence of a matter in soil that could kill bacteria that is from dog’s saliva.
- Soil can purify, as a replacement to water. Since soil can be used as a replacement of water in the issue of tayammum to replace wuduk when water is unavailable. While other than soil, things like bidara and soap, is not considered as something that can purify.
Fatwa from Authorized Bodies Regarding the Usage of Soap for Taharah
First: Muzakarah of the Fatwa Committee of National Council
The 76th Muzakarah of the Fatwa Committee of National Council for Malaysian Islamic Religious Affairs held on 21-23 November 2006 discussed the Ruling of Samak for Najis Mughallazah Using Clay Soap. Muzakarah has decided that soap containing clay element is permissible to be used for najis mughallazah on condition that the soil is sacred and the percentage of soil content in the soap is greater than the other ingredients and the method of samak is done according to syarak.
Second: Egypt’s Dar Al-Ifta’
Dar al-Ifta’ in answering questions about the ruling of purifying containers that has been licked by a dog, said at the end of the answer: “It is mustahab to use soil for the first wash. This is based on the word of the Prophet PBUH:
أُولَاهُنَّ بِالتُّرَابِ
“The first (washing) is with soil.”
Sahih Muslim
And it is permissible to replace soil with something that can take its place in this age with modern purifying objects. This is because the final conclusion of taharah (pure) in absolute terms. Refer to www.dar-alifta.org.eg, fatwa no. 3799.
Third: Permanent Committee for Scholarly Reasearch and Ifta’
The final fatwa for this issue states: “And the clothes is thrown into pure water and is washed until traces of najis is gone, thus, it purifies the whole from najis from dog and others. On the condition that the washing for dog is repeated seven times, and the first washing is from soil or anything that could replace its place, such as soap or others.” Fatawa al-Lajnah al-Da’imah (4/196).
Conclusion
To close, we are inclined towards the ruling that states taharah soap or clay soap usage is permissible. Furthermore, the process for sertu and purification using it is enough and valid if the soap reached the same meaning with the use of soil.
This opinion is presented considering our society’s situation, especially for those living in cities with various races, there is a difficulty to get the soil needed for sertu. However, the use of soil is preferred if it is available.
May Allah SWT give us a clear understanding in practising His religion. Ameen.
[1] It means, if a dog lick something and it touch other things such as clothes, pants, and others, it is still pure. This is due to the fact that the syarak commands us to wash the container that is licked as a form of worship, and it is only done in this situation
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