"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."

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."
 

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."

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:

1. His age: how he used his life?
2. His deeds: what did he do?
3. His property: from where (did the money come form) to where (the money is spent)?
4. His body: how did he treat / use his body?"

Aisha said on the words of the Prophet (s.A.w.):

(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."

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."

"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:

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.):

(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,