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Ruling on cannabis/marijuana and its medical usage.

Answered according to Hanafi Fiqh by Fatwa-TT.com
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Question:

Asalaamu walaikum,

I need the air clear on a few
things for fear of fitnah and misguidance InShaaAllah.

1. Is Cannabis considered to
be an intoxicant?

If so, does it has the
characteristics of an intoxicating substance?

2.What are the medical
permissibility of using this herb, as it has been proven to aid depression,
anxiety, and many other ailments.

Please clarify for me
inShaaAllah.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Shari’ah prohibits any
substance which causes intoxication. This ruling is derived from the following
Ahadith:

كُلُّ مُسْكِرٍ حَرَامٌ

Abu Musa al-Ash’ari
(Radhiyallahu Anhu) narrates that Rasulullah () said:
“All intoxicants are prohibited.”(Bukhari & Muslim)

مَا أَسْكَرَ
كَثِيرُهُ فَقَلِيلُهُ حَرَامٌ ‏

The Prophet ()
said: If a large amount of anything causes intoxication, a small amount of it
is prohibited.(Abu Dawood)

It is clear that marijuana due to its
mind-altering effects is an intoxicant and is impermissible, even if used in
small amounts. There is overwhelming scientific evidence that marijuana
intoxicates and even the physical effects that can be seen in the behaviour of
a person who has smoked marijuana leaves no doubt of the intoxicating effects
of this drug.

Furthermore, Shari’ah
prohibits harming oneself. Allah Ta’ala says in the Quraan,

ولا تلقوا
بأيديكم إلى التهلكة

 ‘And do not throw yourself into destruction.’ (Surah
al-Baqarah –: 195)

Therefore the prohibition of
cannabis/marijuana is clear according to the rulings of Shari’ah. Thus, the
smoking or consumption of any sort of the common and readily available forms of
marijuana, synthetic, imitation cannabis is prohibited due to it being an
intoxicant. The ruling of prohibition will remain even if marijuana becomes
legal in a country.

With regards to the medical
use of Marijuana, one must firstly resort to the use of Halaal alternative
medications.  Also it is highly unlikely
a reliable doctor will prescribe such forms of medications in a country where
marijuana is illegal. In a case of necessity where other
medications are unsuccessful, one may take aid from this drug in such forms
that have zero levels of intoxication (High-CBD and very low to zero levels of THC), only through ingestion or
application and not through smoking.

And Allah Ta’āla Knows Best

Mufti Arshad Ali

Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)

www.fatwa-tt.com

This answer was collected from Fatwa-tt.com, which is operated by the Darul Iftaa of Jaamia Madinatul Uloom (Trinidad and Tobago) under the advice and guidance of Mufti Ebrahim Desai (Daamat Barakaatuhum) of South Africa.

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