Halal and Haram

 

KNOW that seeking the halal (lawful) is a fardh (obligation) upon every Muslim. Many of the ignorant ones have claimed that halal does not exist. They say, "Nothing remains halal except the water in the rivers and plants on the land. All else has been tainted by illicit transactions." Once this flaw occurred in their understanding and they realized that they needed sustenance to survive, they engaged in all sorts of doubts regarding the forbidden. This is nothing but ignorance and insufficient knowledge. The Prophet (sas) said in the two "sahih" (Muslim & Bukhari):

ÇáÈÎÇÑí

ÇáúÍóáóÇáõ Èóíøöäñ æóÇáúÍóÑóÇãõ Èóíøöäñ æóÈóíúäóåõãóÇ ãõÔóÈøóåóÇÊñ áóÇ íóÚúáóãõåóÇ ßóËöíÑñ ãöäú ÇáäøóÇÓö Ýóãóäú ÇÊøóÞóì ÇáúãõÔóÈøóåóÇÊö ÇÓúÊóÈúÑóÃó áöÏöíäöåö æóÚöÑúÖöåö æóãóäú æóÞóÚó Ýöí ÇáÔøõÈõåóÇÊö ßóÑóÇÚò íóÑúÚóì Íóæúáó ÇáúÍöãóì íõæÔößõ Ãóäú íõæóÇÞöÚóåõ ÃóáóÇ æóÅöäøó áößõáøö ãóáößò Íöãðì ÃóáóÇ Åöäøó Íöãóì Çááøóåö Ýöí ÃóÑúÖöåö ãóÍóÇÑöãõåõ ÃóáóÇ æóÅöäøó Ýöí ÇáúÌóÓóÏö ãõÖúÛóÉð ÅöÐóÇ ÕóáóÍóÊú ÕóáóÍó ÇáúÌóÓóÏõ ßõáøõåõ æóÅöÐóÇ ÝóÓóÏóÊú ÝóÓóÏó ÇáúÌóÓóÏõ ßõáøõåõ ÃóáóÇ æóåöíó ÇáúÞóáúÈõ

The lawful is clear and the unlawful is clear. Between them areunclear issues which the majority of people do not understand. So, whoever avoids the unclear issues has of protected his religion and his respect. But whoever settles into the unclear is like a shepherd who grazes his animals right next toa preserve - he is constantly on the brink of entering it. Verily, every king has a preserve and the preserve of Allah in His earth is all that He has forbidden. Verily, in the body there is a piece of flesh. When it is good, the entire body is good. But when it is corrupted, the entire body is corrupted. Verily, it is the heart.

So this call of the ignorant ones is a bid'a whose harm is very great and very general to this religion. Thus it is obligatory to expose its falsehood by guiding to the understanding of differentiating the lawful, the unlawful and the unclear.

First: The lofty status of seeking the halal, condemnation of the haram and the degrees of both.

Allah said:

ÇáãÄãäæä

íóÇÃóíøõåóÇ ÇáÑøõÓõáõ ßõáõæÇ ãöäó ÇáØøóíøöÈóÇÊö æóÇÚúãóáõæÇ ÕóÇáöÍðÇ Åöäøöí ÈöãóÇ ÊóÚúãóáõæäó Úóáöíãñ(51)æóÅöäøó åóÐöåö ÃõãøóÊõßõãú ÃõãøóÉð æóÇÍöÏóÉð æóÃóäóÇ ÑóÈøõßõãú ÝóÇÊøóÞõæäö(52)

{O Messengers, eat from all good things and do good works, I am in full knowledge of all that you do. (51) And this nation of yours is surely one single nation and I am your Lord so beware of Me. (52)}

The meaning of "all good things" is the halal. Note that Allah commanded this even beforethe command to "do good works". And in condemnation of the haram, Allah said:

ÇáÈÞÑÉ

æóáóÇ ÊóÃúßõáõæÇ ÃóãúæóÇáóßõãú Èóíúäóßõãú ÈöÇáúÈóÇØöáö æóÊõÏúáõæÇ ÈöåóÇ Åöáóì ÇáúÍõßøóÇãö áöÊóÃúßõáõæÇ ÝóÑöíÞðÇ ãöäú ÃóãúæóÇáö ÇáäøóÇÓö ÈöÇáúÅöËúãö æóÃóäúÊõãú ÊóÚúáóãõæäó(188)

{And do not consume one another's property by falsehood nor take [phony disputes regarding] it to the rulers in order to consume some of people's wealth sinfully and you know. (188)

And there are other verses of similar import. and from the hadith:

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ÃóíøõåóÇ ÇáäøóÇÓõ Åöäøó Çááøóåó ØóíøöÈñ áóÇ íóÞúÈóáõ ÅöáøóÇ ØóíøöÈðÇ æóÅöäøó Çááøóåó ÃóãóÑó ÇáúãõÄúãöäöíäó ÈöãóÇ ÃóãóÑó Èöåö ÇáúãõÑúÓóáöíäó ÝóÞóÇáó íóÇ ÃóíøõåóÇ ÇáÑøõÓõáõ ßõáõæÇ ãöäú ÇáØøóíøöÈóÇÊö æóÇÚúãóáõæÇ ÕóÇáöÍðÇ Åöäøöí ÈöãóÇ ÊóÚúãóáõæäó Úóáöíãñ æóÞóÇáó íóÇ ÃóíøõåóÇ ÇáøóÐöíäó ÂãóäõæÇ ßõáõæÇ ãöäú ØóíøöÈóÇÊö ãóÇ ÑóÒóÞúäóÇßõãú Ëõãøó ÐóßóÑó ÇáÑøóÌõáó íõØöíáõ ÇáÓøóÝóÑó ÃóÔúÚóËó ÃóÛúÈóÑó íóãõÏøõ íóÏóíúåö Åöáóì ÇáÓøóãóÇÁö íóÇ ÑóÈøö íóÇ ÑóÈøö æóãóØúÚóãõåõ ÍóÑóÇãñ æóãóÔúÑóÈõåõ ÍóÑóÇãñ æóãóáúÈóÓõåõ ÍóÑóÇãñ æóÛõÐöíó ÈöÇáúÍóÑóÇãö ÝóÃóäøóì íõÓúÊóÌóÇÈõ áöÐóáößó

"O people! Verily Allah is good and he does not accept anything but the good. And Allah commanded the believers with the same command he gave to the messengers: {O Messengers, eat from all good things and do good works, I am in full knowledge of all that you do.} and He said, {O you who believe, eat from the good things which we have provided you...}. Then, he (sas) mentioned a man on a long journey shabby and dusty who stretched out his hands saying "O Lord, O Lord...". But his food was haram, his drink was haram, his dress was haram and he was nourished from the haram - so HOW could that be answered?"

Degrees of Lawful and Unlawful

KNOW that all of the lawful is good, but some of it is better than others and all of the unlawful is despicable, but some of it is more despicable than others. For example something may be haram because it was obtained via and illegal transaction. It is haram, but it is not of the same level as something which was taken by force. The latter is more despicable than the former because in it there is harm to others and turning away from the lawful means of earning. Likewise, something taken by means of oppression from a poor person, a righteous person or an orphan is more despicable than that taken from a wealthy one or a corrupt one.

Second: Degrees of unclear issues and distinguishing them from the lawful and the unlawful.

The above hadith from Sahih Muslim is textual proof of these three categories: the lawful, the unlawful and the "issues in between" or the unclear issues. These are the difficult ones which are not understood by most of the people.

The absolute lawful is that which has no attribute in itself or in it causes and related issues anything which indicates its prohbition in the Shari'a. An example of that is rainwater from the sky before it has come into anyone's possession. The absolute unlawful is that which has an attributein itself which makes it forbidden such as intoxication in a beverage or which was obtained by forbidden means such as property acquired by oppression or by interest. These two extremes are quite clear.

Appended to these two are those issues whose status is clear, but which could possibly be otherwise but there is no clear sign pointing to this other condition. For example, animals hunted on land and at sea are lawful. Nonetheless, when you hunt a deer or a fish, there is a possibility that another captured it before you, but it escaped. This is not the same as say, rainwater from the sky. But do doubt the lawfulness in such a manner is waswasa (baseless worry) and is mere speculation upon which nothing should be based unless there is some evidence or sign that it may be the case.

As for the "unclear issues", they are those issues where two conclusions are possible. Where there is a meeting of something which indicates lawfulness and something else which indicates unlfawfulness. Different cases can arise based on the original status followed by doubts on conditions arising after that as follows:

Third: Researching, asking or not

KNOW that if food is presented to you or a gift is given to you or you wished to purchase something from someone, you should not say, "I am not sure about the lawfulness of this, so I must investigate it." Nor can you neglect looking into such things entirely. Rather, asking in this manner can be obligatory, forbidden, preferred or detested depending on the circumstances.

The most "healing" statement in this matter is: The reason for asking is doubt. Doubt comes about either from something relating to the objects or something relating to their owner. As for the person, he could be unknown and without any signs in his manner or dress to indicate evil nor any to indicate piety. In this case, questioning is not called for and it is not allowed because it entails the violation of another Muslim and bringing harm to him. And it should not be said, "But this is one about whom there is doubt." For the one in doubt is only the one where doubt comes about from some evidence.

Fourth: How does one who has repented get out of haram wealth

KNOW that one who possesses wealth composed of both lawful and unlawful must separate the two in order to complete his repentance from committing the haram. If individual items are known then they must be removed. If they have owners (from whom they were taken by illicit means), then they must be returned to them. If the wealth is indistinguishable, such as currency, the the amount of the haraam must be determined and that amount removed.

Fifth: Interaction with oppressive rulers

Before accepting any wealth from the rulers, one should look at the source of that wealth, why one is taking it, any consequences which may arise from taking it and the amount one is taking is it deserved? In corrupt times, it is preferable to stay away from it entirely because of what it entails in terms of humiliation, asking and keeping quiet in the face of evil.

Avoiding entering upon the oppressive rulers

The Prophet (sas) said:

ãóäú Óóßóäó ÇáúÈóÇÏöíóÉó ÌóÝóÇ æóãóäú ÇÊøóÈóÚó ÇáÕøóíúÏó ÛóÝóáó æóãóäú ÃóÊóì ÃóÈúæóÇÈó ÇáÓøõáúØóÇäö ÇÝúÊóÊóäó

"Whoever lived in the desert (like a beduoin) became hard-hearted and whoever follows the hund became unmindful and whoever frequents the doors of the rulers is tested (or corrupted).

In another version of this hadith, it is narrated that the Prophet (sas) added:

... æóãóÇ ÇÒúÏóÇÏó ÚóÈúÏñ ãöäú ÇáÓøõáúØóÇäö ÞõÑúÈðÇ ÅöáøóÇ ÇÒúÏóÇÏó ãöäú Çááøóåö ÈõÚúÏðÇ

"... and no slave increased in closeness to the ruler but that he increased in distance from Allah."

It is reported that Hudhaifa said: "Beware of the positions of fitnah." It was said to him, "What are the positions of fitnah?" Hudhaifa said, "The doors of the rulers. One of you enters upon the ruler and he verifies his lies and says about him that which he does not possess."