Points 2 Ponder : Smoking & Fatwa (NST_31/5/2009)

Fourteen years ago, the National Fatwa Council issued an opinion that smoking was haram (forbidden). Although it was gazetted as law only in Selangor and Penang, the opinion is actually binding upon all Muslims in the country. So, why are so many Muslims still smoking? Is it a transgression, or is it just ignorance? ANIZA DAMIS speaks to National Fatwa Council chairman Professor Datuk Abdul Shukor Husin

Q: Why is smoking haram?
A: The opinion is based on three reasons. The first is that smoking is hazardous to the health of the smoker, to others and to the environment. This is supported by medical experts. To harm yourself or others is forbidden in Islam.In Islam, it is compulsory to protect your life. This is among five things that a Muslim must protect (the remaining four being faith, honour, property and family).The Quran says you must not put yourself in a situation which brings destruction. So, if you know that something can destroy, you are obliged to stay away from it.
The second reason is wastefulness. Smoking brings no benefit to our body, the environment or the people around us.
Thirdly, the ulama are of the opinion that smoking is a bad habit not liked by people.In the council, we had 14 muftis, five religious experts, as well as consultants -- doctors -- to give scientific opinion and evidence. Having heard all the evidence, the council came to the opinion that smoking was haram. It became a hukum (law). This law was brought to the states for discussion. They agreed to declare smoking haram, and Selangor and Penang had it gazetted, where it became a fatwa (legal opinion).

Q: If a certain state does not gazette this law to make it a fatwa, does this mean smoking is not haram in that state?
A: The purpose of gazetting is to implement a law. The hukum (law) is already there and stands on its own. Gazetting it allows a state to implement and enforce that law.

Q: When the National Fatwa Council is of the opinion that smoking is haram, then it's haram for the entire country?
A: Yes. But it is not a fatwa yet, so it's not legally enforceable.

Q: The findings of the muzakarah (dialogue) were made 14 years ago. So, why is there still confusion among the people regarding this hukum? Some even say the fatwa is false. Some people question how smoking can be declared haram when during the time of Prophet Muhammad, it was only makruh (discouraged).
A: If you look to Saudi Arabia, smoking has been declared haram. And if you look at the opinions of the ulama in the Middle East, they, too, have said smoking is haram. Yet, it cannot be denied that some say it's makruh.But with regards to the makruh opinion, there are a few things we have to consider. For instance, perhaps during the time when smoking was considered makruh, there was no scientific evidence to prove smoking was harmful to health.Secondly, perhaps cigarettes at that time were different; perhaps they didn't have the same toxic chemical components as cigarettes have these days. But even then, people should remember what makruh means: not appropriate for us to do it. And if we avoid doing it, we will be rewarded. So, if later on, after the Prophet's time, research shows that smoking is hazardous to health, is wasteful and has no benefits, then it becomes haram.

Q: To what does smoking refer? Is it only cigarettes, or does it also apply to cigars, roll-up cigarettes, and shisha (narghile/water pipes)?
A: To all, as long as you smoke it and it has tobacco. What is of concern is the smoking that brings about wastefulness, harm to your health and the health of others, and is a habit despised by others. That is how we gauge (whether or not it is haram).

Q: In Islam, what is legally enforceable and what you have to enforce yourself are two different things. One is about external regulation and the other is about internal regulation.
A: Yes. That's why, in my opinion, in implementing this law, the important thing is tarbiyah (education). We must educate the Muslim society so that they understand the rationale for the law, why it is haram. When we are educated on this, we must educate our children and society.The government's efforts in educating people about the dangers of smoking and making public areas no-smoking zones are effective. But to expect it to take effect immediately would be difficult, because the smoking habit is so well-entrenched in society.Secondly, we must look after our heirs -- our children. Even though we may not allow our children to smoke, we must also make sure we don't send them out to the shops to buy cigarettes.In Islam, law is secondary. What is more important is education.For example, when Prophet Muhammad wanted to make alcohol haram, it wasn't done instantly. It was done gradually. First, he said: "Don't pray while in a state of intoxication, so that you will know what you are praying."So, it was step-by-step. When the people reached the ultimate state of awareness, they themselves rejected alcohol.

Q: So, in Islam, understanding the rationale of the law is more important than the law itself?
A: Yes. In Islam, we do not need to impose the law. We have to start with education, make sure people understand. Law is actually for people who do not want to follow the rules. In Islam, we know that humans don't go against their nature (tabi'e). So, Islam is about managing people's nature, not destroying it. For instance, marriage manages our natural inclinations. So, Islam sets the procedure for you, of how to get married, what your responsibilities in marriage are, your responsibilities to your children, etc.It's not about, "What is the hukum?" or "Is it haram or not?" These things are secondary. We should look upon Islam as an educator. If you look at verses in the Quran and Hadith, there are very few laws, actually. What there is is education. It's all about "remember", "take heed", "be advised".

Q: Why are there still many states that have not gazetted this fatwa so far?
A: I don't know, I've never asked. At the federal level, we cannot force the states to gazette it.

Q: So, it doesn't mean that if it is not gazetted, it's not haram?
A: It's still haram.

Q: If a state gazettes the fatwa while others don't, does it mean that that state is more Islamic than the others?
A: No. But it does mean that the state is moving towards implementing and enforcing the fatwa.

Q: If we smoke cigarettes, is it the same as drinking alcohol?
A: No. Alcohol is something that is listed in the Quran as "the originator of all evil". But the haram element of the cigarette is based on factors that arise later. Alcohol has always been haram, and its varieties have always existed. Alcohol causes you to lose your judgment; but smoking doesn't make you drunk or cause you to lose your judgment. But with cigarettes, sometimes people make them without nicotine and harmful ingredients and call it "cigarette". When it is in this form, there's no problem with the cigarette.

Q: According to the Third National Health and Morbidity Survey, a quarter of all smokers in Malaysia are Malays, who are Muslim. Why is it that when it comes to alcohol or flesh of swine, which are haram, Malays abstain, but not so with cigarettes?
A: It depends on the awareness of the Muslim community. It's the same with alcohol. Loathing for alcohol is inculcated in us from young, just as is our aversion to pork. That's why education is important. If you've done a good job of it, all you have to do is say babi (pig), and the mere mention of it will make people feel queasy.

Q: If smoking is haram, is the farming of tobacco or the manufacturing of tobacco products also forbidden?
A: Well, Saudi Arabia says it's forbidden. But does just planting the tobacco plant lead to wastefulness or harm to the health? At the basic level, no. However, if you plant tobacco for the purpose of damaging a person's health, then that's forbidden. A person should find some other crop to cultivate. If there is no other option, then that's all right.

Q: Can a smoker be a wali (legal guardian who officiates at a wedding) or an imam (who leads prayers)?
A: With regards to wali, you have to look at the context of the times. Last time, a wali had to be a person of impeccable character. However, smoking being haram is a relatively new thing, so we want to educate people first. In any case, smoking does not bring a person down to the same level as an adulterer or drunkard. So, a smoker can be a wali.The person can also be an imam.

Q: What would you say to someone who says that he does not sin because he lives in Selangor (which has gazetted the fatwa), but works and smokes in Kuala Lumpur (which has not gazetted it)?
A: If you want to run away from doing good, you'll use any excuse. These are people who oppose truth and try to get an exemption for themselves.

Q: In 1982, the International Conference on Drugs, Alcohol and Smoking in Medina, organised by the World Ulama Association, declared smoking haram. Does this apply to the entire Muslim world? Or can a person say that, although it's haram in his country, if he goes overseas, smoking is halal?
A: No, he can't. If you went overseas and smoked, would it be any less hazardous to your health than if you smoked at home?That's why tarbiyah is important. Before you enforce a law, you must explain it to the people. When they fully understand the law, they will shun the bad on their own.

this article caught my attention as recently i'm sort of like following the contents of one of opposition party's annual meeting ( i would rather keep the party's name a secret as the followers are very extreme)

i was told by one of the supporter (inche' riki, you know this particular person) as the party exists as there is no justice & truth in the existing government's party. I would also agree with it but i would accept also the reality as there's nothing perfect in this world, u wont get all that u've wished for. that's y we are humans, we learnt from our mistakes. frankly speaking, i'm not a fan of politic & that's the reason y i've never voted in my whole life before & i got all the reasons in the world for that.

this particular party is referring to almost all pious members (wild guess..now you know what i'm talking about), you can tell by the way they dressed & u will have an impression as how pious & well-mannered they are. i agree that some of them are but how about the rest of them?

referring to the article above, how many of them are sensitive to this fatwa? they still smoke...& they will have their own reasons for that. for me, if you really want to 'menegakkan keadilan& kebenaran', u should be able to correct yourself first & then u'll be able to lead people.

the same goes to emails (i dont know who created them, they are being circulated like thousands times) on haram foods or even toothpaste (what???...do they learn science in school?) but what about cigarettes??? dont they give a damn about it?? dont they know that 'fitnah' is a sin as a muslim?? (now u know y i'm neutral when it comes to politic)

i'm not pointing to any particular person but this is based on experience. one thing that makes me laugh is that how they give their opinions on i.e : drinks with alcohol. one of them did tell me that livita contains alcohol...what the??? (xnmpk ke sijil halal kat situ, dah name minuman tenaga dah sah2 byk gule) duh...maybe they should learn what i learnt during my uni days on fermentation. how alcohol is produced...but what about 'tapai?' do they know tapai also contains alcohol, it goes through fermentation process??? y 'tapai' is not haram?....i can conclude that if you want to condemn sumthing, you should know inside out about that thing or else, in the end you are the one to be laughed.

enuff on criticising, i'm just giving my humble thoughts as i'm also a muslim & i would love to live in a peace & harmony malaysia. are you with me?