(#081)
1) Is it permissible to use creams, perfumes, hair dyes that have alcohol as an ingredient?
2) Is it permissible to have alcohol in medicine for example 20% alcohol in cough syrup or alcohol used for disinfectant or prior to operation?
3) Is it permissible to consume capsules that is made from gelatine that most likely is from haram sources though the medicine is a necessity for example an antibiotic?
4) Is it permissible to use hair dyes to colour the hair of male or female hair?
I found the answers to some of my questions on the following website though I would regard your opion as the most reputable as you are my local imam.
Your opinion will be greatly appreciated.
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query dated 30/10/21, our response is as follows:
1). It is Haram to use perfumes containing alcohol derived from grapes or dates. The Fuqaha unanimously agree that alcohol derived from grapes and dates are impure. It will therefore not be permissible to use perfume etc containing alcohol of a grape or date derivative. (Shaami)
Alcohol denat, benzyl alcohol and cetearyl alcohol are synthetically produced alcohols derived from sources other than grapes or dates. There is difference of opinion amongst the senior Hanafi Jurists with regards to the permissibility of using alcohol derived from sources other than grapes or dates. Imam Abu Hanifah and Imam Abu Yusuf (Rahimahumallah) have given permission for the usage of such alcohol however the Fatwa is on the view of Imam Muhammad (Rahimahullah) who has rendered the usage of all types of intoxicants (be it of a grape/date derivative or not) as impermissible. It is stated in “Ash-Shaami”:-
وحرمها محمد” –أي الأشربة المتخذة من العسل والتين ونحوهما… كالتمر والزبيب والعنب، فالمراد الأشربة التي هي حلال“
عند الشيخين إذا غلت واشتدت والا فلا تحرم كغيرها اتفقا .”مطلقا قليلها وكثيرها اتفاقا “وبه يفتي
وبه يفتي -…حيث قالوا الفتوى في زماننا بقول محمد لغلبة الفساد. وعلل بعضهم بقوله لأن الفساق يجتمعون علي هذه الأشربة ويقصدون اللهو والسكر بشربها. در مع رد المحتار 455\6
“Imaam Muhammad Rahmatullahi Alayhi has declared all types of liquor (i.e. liquor derived from honey, figs, etc. be it in small or large quantities) as haraam, and the Fatwa and final ruling is based on this view.” (Shaami vol.5 pg.292)
“The Fatwa in this age is based on the view of Imaam Muhammad Rahmatullahi Alayhi due to the corruption and evil that could ensue as a result of legalising such types of liquor. This is due to the fact that the general trend is that misguided people gather to consume these drinks for mere pleasure and frivolity….”
Another reason for regarding this as the preferred view is to shut the door of the possibility of evil creeping in, due to laxity on this issue.” (Shaami vol.5 pg.293)
Based on the view of Imam Abu Hanifah Rahimahullah some contemporary scholars permit the usage of perfumes containing alcohol of non-grape and date origin in view of the fact that according to Imam Abu Hanifah rahimahullah such alcohol is Paak and permissible to use. These scholars cite that because of necessity and Umoom-e-Balwaa (public predicament; the general masses being so involved in its usage that it has become unavoidable) the Fatwa should be on the view of Imam Abu Hanifah.
(Ahsanul Fataawa 95/2, Bahisti Zewar, 102/9, Takmilah Fathul Mulhim 608/3, Asre Haadhir ke Pecheedah Masaa’il aur unka Hal 461/2)
Be as it may, we would however advocate against the usage of all alcohol based perfumes even if of a non grape/date derivative.
Thus, caution would dictate using perfumes that do not contain alcohol, especially when one is not entirely sure of the exact nature of the impermissible ingredients in these modern perfumes and deodorants (some deodorants may contain other Haraam ingredients besides alcohol as well) and also especially since seeing that alternatives such as non-alcoholic perfumes and itr are readily available.
One should rather adopt the actual Sunnah and that is to use ITR and not the conventional “western” perfumes.
(2) ALCOHOL IN MEDICATION
The fundamental principles with regard to the usage of medicines containing alcohol:
The use of medicines, internally or externally, containing alcohol is prohibited except under the following circumstances:
a) When these medicines have been prescribed by a professional Muslim doctor who is also pious.
b) When there are no alternative medicines (non-alcoholic) available for that illness.
c) When there is surety (great hope) that the person will be cured thereby. (This means that experience shows that these medicines are effective, resulting in the illness being removed).
The above-mentioned conditions for the use of medicines containing any Haraam substance such as alcohol have been stated by Hazrat Mufti Mahmood Hasan Gangohi rahmatullahi alaih. (Refer to Fataawa Mahmoodiyah vol.2 pg.45)
Similarly, Allamah Shami rahmatullahi alaih has explained the law pertaining to usage of medicines containing Haraam substances, he writes:-
Trans: “It has been mentioned in `Nihaayah’ whilst quoting from `Zakhierah’ that it (i.e. usage of Haraam medicines) is permissible if it is known that cure will be attained by (using) it and no other medicine (non-alcoholic) is known of.” (Shaami vol.1 pg.140)
When non-alcoholic medicines are available then they have to be used. Yes, when no alternative non-alcoholic medicine is available and the other two conditions (mentioned above) are found then medicines containing alcohol may be used on the basis of necessity.
Although this is true that according to Imam Abu Hanifah rahmatullahi alaih only Khamr (grape and date derived alcohol) is prohibited, the Fatwa in this matter is based upon the view held by Imam Muhammad rahmatullahi alaih which is that all types of intoxicants (be it of a grape/date derivative or not), are not permissible for usage. It is stated in “Ash-Shaami”:
Trans: “Imam Muhammad rahmatullahi alaih has declared all types of liquor (i.e. liquor derived from honey, figs, etc. be it in small or large quantities) as haraam, and the fatwa and final ruling is based on this view.” (Shaami vol.5 pg.292)
We realize from the above-mentioned quotations that ALL types of alcohol are prohibited.
There are Ahadith regarding the prohibition of using something Haraam as medication. On the other hand, there is a Hadith wherein, in the initial stages of Islam Rasulullah sallallahu alaihi wasallam permitted the people of a certain tribe to use the urine of the camels as medication. (Tirmidhi)
Another Hadith reports that Rasulullah sallallahu alaihi wasallam said “Use medication but do not use medicine which is Haraam.” (Abu Dawood)
The Fuqahaa (Islamic Jurists), after looking into the dictates of the Quraanic Ayaat, and different Ahadith on the subject have ruled that one should not opt for Haraam medicine when there is a Halaal alternative available. The permission of using Haraam medication is for that specific rare circumstance where there is a severe need and no other Halaal alternative can be found at all.
We have not come across any exact Hadith regarding the acceptability of taking medication containing alcohol. However, the Hadith of Tirmidhi (alluded to above) wherein permission was granted to a certain tribe to use camel-urine is generally utilized as an analogy to deduce the permission of other Haraam substances in medicines, albeit only in dire circumstances and need.
Hazrat Ibn Mas’ood radhiallahu ‘anhu mentioned that “Allah Ta’aala has not placed your treatment/medication in those things which have been made Haraam upon you.” This is a clear warning that one should always seek Halaal medication and not opt for Haraam, unless there is a really compelling situation where an alternative Halaal medicine has not been discovered as yet.
Some Ulama are of the opinion that the alcohol used in products is synthetic alcohol, which is a different type of alcohol, thus its usage is permissible. But other Ulama do NOT sanction the usage of any product that contains alcohol. They cite two reasons for this: Firstly, many a times it is difficult to ascertain which type of alcohol has been used in the manufacturing of that product. Secondly, even if one is sure that the alcohol used is synthetic then too as a precaution, using it should be avoided especially when alternatives are available. والله اعلم
إن اخبره طبيب مسلم أن فيه شفاءه ولم يجد من المباح ما يقوم مقامه
رد المحتار ج5 ص228 و كذا ج1 ص210
و في البدائع ج4 ص335..لان المحرم شرعا لا يجوز الانتفاع به للتداوى كالخمر و الخنزير
و قال بن مسعود رضي الله عنه (و في رواية القائل رسول الله صلي الله عليه و سلم : إن الله لم يجعل شفائكم فيما حرم عليكم
( البخاري كتاب الطب و فتح الباري ج10 ص79 و عمدة القاري ج21 ص191 و مجمع الزوائد ج5 ص86 )
و عن أبي هريرة رضي الله عنه نهي رسول الله صلي الله عليه و سلم عن الدواء الخبيث
(أبو داؤد في البذل ج16 ص199)
[3] Gelatine Capsules:
If the capsules used as medicines are made of Haram gelatine, it will be unlawful to consume it. If there is a need for a person to utilize the medicine that is available in the form of capsules, he should remove the contents (powder) from the covering then consume it. Furthermore, the powdery contents do not become Haraam merely by being enclosed within the capsule. The reason for this is that the powder is dry when it is filled into the capsule. If it had been wet at that time then it would be unlawful to use the powder also.
A patient should ask a doctor for any alternative if available. He can also try a Hakim or homeopathic or any other way for his cure.
As far as our limited knowledge of the issue is, we are not aware of any clinical gelatine that is used in the manufacturing of capsules. Usually it is the conventional gelatine derived form hide and bones of bovine that is used in the manufacture of capsules.
[4] Hair dyes:
If one’s hair turns grey/white, one would be permitted to dye it with any colour other than black. Thus, colours such as red, yellow, brown, etc; may be used, provided of course, that one does not use a dye that contains Haraam ingredients. [Ref: Fatawaa Aalimgiry-Kitaabul Karaahiyah as quoted in Fatawaa Rahimiyah vol.6 pg.290]. A further proviso would be that the dye should not form a film or coating that obstructs water from reaching parts of the actual hair itself as it is essential that water reaches the roots of the hair in Ghusl. Whether any particular dye will form such an obstructive coating or not, should be ascertained from the manufacturer of the particular brand of dye that one contemplates using. The manufacturer would be able to tell whether water would permeate through their product or not. As a rule of thumb, however, one should carefully observe the texture of the dye being applied; that if it is creates a gel-like finish on the hair, then in all likelihood, water would not saturate through it. On the other hand, if it creates a matt-like finish (such as with Henna/Mehndhi), water should be able to penetrate it. To be on the safe side, we would still advise ascertaining this from the manufacturer of the product.
It should also be understood that the permissibility of applying Henna and other dyes pertains to graying and whitening hairs. A young man or woman whose hair has not started graying has no need to colour his or her hair with Henna or any other dyes, and should thus abstain from it. The trend seen nowadays of young men and women dying their natural hair with “loud” and absurd colours such as purple, bright orange, etc. is a fashionable trend set by the Kuffaar and, as Muslims, we have been prohibited from imitating the Kuffaar.
With regard to black mendhi or black dye, it is prohibited for both men and women to dye their hair black. Very severe warnings are narrated in the Ahadeeth for those who use black dye. Imaam Abu Dawood rahmatullahi alaih narrates on the authority of Abudullah bin Abbaas radhiallahu anhu that Rasulullah sallallahu alaihi wasallam said:
“At the end of time there will be people who will use this black dye like the crops of doves, who will not experience the fragrance of Jannah. (Sunan Abu Dawood vol.2 pg.222)
This Hadeeth clearly illustrates the prohibition of the usage of black dye. The prohibition is also substantiated by the following Hadeeth: Hazrat Jaabir radhiallahu anhu reports that the day the conquest of Makkah took place, Abu Quhaafah radhiallahu anhu was brought into the presence of Rasulullah sallallahu alaihi wasallam. His hair and beard were extremely white. Rasulullah sallallahu alaihi wasallam said:
“Change this (i.e. the whiteness) with something, but abstain from using black (dye).” (Sunan Abu Dawood vol.2 pg.222).
Therefore, Mufti Abdur Raheem Lajpuri rahimahullah states in an answer to the very same question that it is a great sin to dye the hair black. (Fataawa Rahimiyah vol.6 pg.290) Imaam Nawawi rahmatullahi alaih says that it is Makroohe Tahrimi. (See Ounul Ma’bood- commentary of Abu Dawood vol.4 pg.139).
Ulema have, however, permitted the usage of black dye during times of Jihaad. An aged Muslim warrior is thus permitted to dye his hair black when going to the battlefront, so that he appears young and bold and is thereby able to instil awe and fear into the hearts of the enemies [Fataawa Mahmudiyya Vol. 5, Pg. 122]..
(Note: a considerable amount of the answer has been taken from the Darul Ifta archives.)
والله تعالى اعلم و علمه اتم و اكمل و احكم
Muhammad Irshad Motara
6th April 2014
6th Jumaad-al-Ukhraa 1435
Checked and Approved by
Mufti Musayyab Sahib
