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THE USAGE OF CANNABIS

Answered according to Hanafi Fiqh by DarulUloomTT.net

QUESTION:

As Salaamu Alaikum

Can you clarify. I saw on YouTube a small talk given by A Mufti about the medical usage of the oil extract called CBD from cannabis that it is allowed in Islam. Once it is legal in your country and once sanction by someone with a medical background in prescribed amounts.

Myself and someone I know suffer from very bad symptoms of our chronic illness and studies have shown. A definitive decrease in flare symptoms and in some cases a completed remission for the patient. It is not legal in Trinidad but where I live the government has allowed the use of such drugs.

ANSWER:

Wa Alaikum As Salaam,

The allowance and non-allowance to use the oil extract (CBD) from cannabis falls under the category of using unlawful substances for medical cure or medicine in Islam (التداوى بالحرام At Tadaawi bil Haram). Generally, all scholars have stated that it is not permissible to use any Haram (Unlawful) substance whether as a food, drink or medicine. However, when there is a dire/pressing need to use it as a cure in the body (as a medicine), many of the expert Jurists and scholars have allowed it with the following conditions:-

  1. When it is known with certainty that there is a definite cure in the unlawful substance.
  2. There is absolutely no other medicine which can be found, or which has a cure for the illness which a person is suffering from.
  3. Such a medication must be prescribed by a genuine Muslim doctor.

(Hashiya Raddul Muhtar Vol.6 Page. 389 H.M Saeed Karachi).

Based on the above guidelines, the answer to your question is as follows:-

It will be permissible for you to use the oil extract from cannabis if you have been diagnosed with such an illness (by a medical doctor) that requires the use of this oil extract to cure your illness, and there is absolutely no other medicine/cure for it except this. The usage of the oil extract must be prescribed by a sound and reliable Muslim doctor who has the firm conviction that the oil extract from the cannabis will cure your illness. You are not allowed to prescribe its use for yourself. A sound Medical expert must do so who is fully aware and conscious of the Islamic rules regarding Halal and Haram. It is for this reason, the expert Jurists have written that the allowance to use such unlawful substances must be given by reliable Muslim doctor.

The doctor must prescribe only the minimum amount required for the treatment of the illness. Anything more than this will not be permissible since the allowance to use the product will be limited only to the extent of necessity.

It should be noted however, that if it is illegal in a country, you will not be able to use it. Seeing that in your country it is legal, you can practice on the allowance based on the guidelines which have been given above.

(Kitab An Nawazil Vol. 16 page. 185 Darul Ishaat Karachi 2016; Kitab Al Fatawa Vol. 6 Pages 210, 211 Zam Zam publishers Karachi 2008).

And Allah Knows best

Mufti Waseem Khan

21/10/2019

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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