Selling Ganja, Cannabis and Opium

Question:

How is it to sell ganja, cannabis and opium?

Answer: حامدا ومصليا

The sale of ganja, cannabis and opium is makrooh tahrimi (prohibitively disliked)[1]. However, if someone sells it, it will be valid [according to Abu Hanifah].[2]

(قوله وصح بيع غير الخمر) أي عنده خلافا لهما في البيع والضمان، لكن الفتوى على قوله في البيع، وعلى قولهما في الضمان إن قصد المتلف الحسبة وذلك يعرف بالقرائن، وإلا فعلى قوله كما في التتارخانية وغيرها

[His statement, ‘The sale of [intoxicants] other than alcohol is valid,’ meaning according to him (Abu Hanifah). The two (Abu Yusuf and Muhammad) differ with regards to the sale and liability. The fatwa is on his opinion with regards to sale and on their opinion with regards to liability, if the one who destroyed it intended rewards, which would be discerned by circumstantial evidences, otherwise [meaning if he did not have the intention of rewards] it (the fatwa) is on his opinion, as mentioned in Tartarkhaniyah and others.]

Written by the slave [Faqeehul Ummah Mufti], Mahmood May Allah forgive him [May Allah have mercy on him], Darul Uloom Deoband 9/7/88 AH

The answer is correct: The slave [Hazrat Mufti] Nizamuddin May Allah forgive him [May Allah have mercy on him] Darul Uloom Deoband 9/7/88 AH

Fatawa Mahmoodiyah Vol.16 Pg.121-122 Faruqiyah


[1] Every makrooh tahrimi is a sin.

[2] One must also follow the laws of the country they are doing business and/or residing in.

Author: Ibn Suleman

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