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77,04010/11/2008

Ruling on selling drugs to non-Muslims

Question: 114942

Is it permissible to sell drugs to the non-muslims (or others) if that is the only way to keep alive? for example as it is s happening to the poor people in Afghanistan?.

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Drugs are regarded as being among the most dangerous things that those who follow haraam desires can consume, because of the various diseases that may result from them, in addition to what they lead to of promiscuity, moral corruption, spread of immorality and crimes in society. Moreover, the spread of drugs in non-Muslim societies leads to drugs of various types being spread by bad and corrupt people to Muslim countries, which leads to chronic problems, whether in the form of spiritual or physical diseases. So this evil must be prevented and fought by all means. 

Claims of necessity in such cases should be paid no heed. Rather if a Muslim has no other choice, it is permissible for him to eat dead meat, but it is not permissible for him to sell drugs. There is no real case of necessity that makes it permissible for a Muslim to sell drugs. The questioner’s saying “if that is the only way to keep alive” is clearly an exaggeration. 

If he plants drug-producing plants in the ground to sell them and deal in them, he could just as well plant permissible plants, and eat from them and sell the surplus harvest. 

Granting concessions in such cases opens the door to a great deal of evil and promotes the spread of this corruption. 

Abu Dawood (3488) narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids the consumption of a thing to some people He also forbids its price to them.” Classed as saheeh by al-Albaani in Saheeh al-Jaami’ (5107). 

Muslim (1579) narrated from Ibn ‘Abbaas that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The One Who has forbidden drinking it has also forbidden selling it.” 

And it was narrated from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him) that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, during the year of the Conquest when he was in Makkah: “Allaah and His Messenger have forbidden the sale of alcohol, dead meat, pork and idols.” Agreed upon. 

Al-Haafiz Ibn Rajab al-Hanbali (may Allaah have mercy on him) said: 

Whatever Allaah has forbidden the use of, He also forbids selling it and consuming its price, as is clearly stated in the report quoted above: “When Allaah forbids a thing he also forbids its price.” These words are general in meaning and comprehensive, and apply to everything the use of which is haraam. End quote.  

Jaami’ al-‘Uloom wa’l-Hukam (415). 

And Ibn Hazm (may Allaah have mercy on him) said: 

It is not permissible to sell alcohol, whether to a believer or a disbeliever. End quote. 

Al-Muhalla (7/356). 

Ibn al-Qayyim said in Zaad al-Ma’aad (5/763): 

If it is asked: Will you deem it permissible for a Muslim to sell alcohol and pork to a dhimmi because the dhimmi believes them to be permissible? The answer is: That is not permissible, and its price is haraam. End quote. 

Ibn Jizzi said: 

It is not permissible for a Muslim to sell alcohol to a Muslim or to a kaafir. End quote. 

Al-Qawaaneen al-Fiqhiyyah (p. 117) 

Al-Nawawi said: 

Selling alcohol is invalid whether it is sold to a Muslim or to a dhimmi, or one dhimmi sells it to another, or the Muslim delegates a dhimmi to sell it for him. All of that is indubitably invalid, in our view. End quote. 

Al-Majmoo’ (9/271). 

It says in Fataawa al-Lajnah al-Daa’imah (13/49): 

It is not permissible to deal in that which Allaah has forbidden of food and other things, such as alcohol and pork, even with the kaafirs, because it is proven that the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids a thing, He forbids its price. And because he (peace and blessings of Allaah be upon him) cursed alcohol and the one who drinks it, the one who sells it, the one who buys it, the one who carries it, the one to whom it is carried, the one who consumes its price, the one who presses it and the one for whom it is pressed. End quote.  

These are comments of the Muslim scholars concerning the prohibition on selling alcohol, even if it is sold to non-Muslims, based on the evidence of the proven ahaadeeth from the Prophet (peace and blessings of Allaah be upon him) concerning that. 

And Allaah knows best.

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