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Is the usage of dagga/marijuana considered an offence in Islam?

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Nasihah (Advice): The thoughts of a person

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports that Rasulullah Sallallahu Alayhi Wasallam said, “Allah does not take into account what comes to the minds of my Ummah, so long as they do not pronounce it or act upon it.” (Tirmidhi)

 

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Question and Answer:

 

  1. The constitutional court of South Africa has ruled that the personal use of Dagga is not a criminal offence. Is it considered an offence is Islam?

 

(Question published as received)

 

  1. In terms of Shariah, Marijuana/Dagga is an intoxicant and holds the ruling of prohibition as is the case of all other intoxicants.

 

Umm Salamah Radhiyallahu Anha says, “Rasulullah Sallallahu Alayhi Wasallam prohibited every intoxicant and those (substances) which slacken a person’s mind.” (Abu Dawood 3/329)

 

Based on the above Hadith and many other Ahadith, the usage of Marijuana in normal circumstances is prohibited. However, in the case of using Marijuana for medical or medicinal purposes, the usage of Marijuana will be considered permissible if advised by an expert Muslim doctor and if there are no permissible alternatives available. (Shaami 6/457-Fataawa Haqqaniyyah 2/394)

 

In terms of using certain strains of cannabis (cannabis oils etc. which have high-CBD and very low to zero levels of THC), it differs from the use of Marijuana as they are void of the elements that causes intoxication (THC). It is therefore permissible for one to use cannabis products that have zero levels of intoxication through consumption or application.

 

Note: The extent of permissibility to use cannabis products i.e. oils, seeds etc. for consumption or application purposes is that it must not lead to intoxication.

 

The use of Marijuana for recreational purposes is unlawful.

 

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation:

Mufti Ebrahim Desai

 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

Twitter:@JamiatKZN

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