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AL-KAFI #1488: THE RULING OF SELLING E-LIQUID FOR E-CIGARETTES

al kafi 1488

Question:

I’m planning to open a business that sells e-liquid or e-juice for vape/e-cigarettes. However, I read somewhere that smoking vape/e-cigarettes is haram. If I continue with my plan of selling e-liquid/e-juice, does this means that the profit that I get would also be considered as haram? Does it also mean that the provision that I get from this business will not be blessed for myself and my family? Hope to get an answer to my question. Thank you.

 

Answer:

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

It is generally known that the issue of smoking electronic cigarettes, the National Special Muzakarah Fatwa Committee for Religious Matters of Malaysia on 21st December 2015 has issued a fatwa that it is haram. Furthermore, we have discussed in-depth regarding the prohibition of smoking electronic cigarettes and the opinions of medical experts in our previous article Irsyad Fatwa Series 63: The Ruling of Smoking Electronic Cigarettes through the link http://bit.ly/2PcM8TR. Simply put, the argument for the prohibition of vape or electronic cigarettes is due to their ingredients which are harmful to one’s health. In this article, we would focus our discussion on the ruling of selling e-liquid for electronic cigarettes.

E-liquid or is also known as e-juice comes in various flavours and can be stored in the refillable electronic cigarette tank. There are several scientific researches that prove e-liquid or e-juice is harmful to health, among them are:

  • E-liquid for electronic cigarettes contains various chemicals to produce the “flavour” that could kill the epidermis and brain cells.
  • Usually, e-liquid is mixed with nicotine which is the cause of addiction. This is based on the analysis made on the random sample of e-liquid for e-cigarettes made by the Toxicology Lab, National Poison Centre [1]
  • A research conducted by Harvard revealed two e-liquid flavours of “popcorn” and “caramel” will increase the risk of lungs diseases and chronic obstructive pulmonary disease (COPD) and asthma. [2]

E-liquid or e-juice have been scientifically proven to be the cause of diseases. The target market for e-liquid would surely be for e-cigarettes smokers. This would, in turn, encourage smokers to try various harmful flavours. Thus, this business would lead to roads of harm to mankind. Islam prohibits actions that could lead to harm and destruction. This is in line with the following evidence:

The Prophet PBUH said:

لَا ضَرَرَ وَلَا ضِرَار

"There is no injury nor return of injury."

Sunan Ibnu Majah (2340)

Moreover, the sale of various flavoured e-liquid is (ma’qud ‘alaih) which do not have any benefit. This contradicts the condition of sale that something must be of benefit according to the syarak. This means the sale of unbeneficial thing is invalid. Allah SWT prohibit selling haram things which is clearly unbeneficial as stated in a hadith narrated by Jabir bin Abdullah. He heard the Prophet PBUH said on the day of the Conquest of Mecca. The Prophet PBUH said:

إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ

"Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols."

Sahih al-Bukhari (2236) and Sahih Muslim (4132)

Furthermore, the fatwa of the prohibition of electronic cigarettes is according to the argument that its ingredients are harmful. Thus, any transactions and profit from a prohibited matter such as e-liquid is impermissible. This is in accordance with the statement of the Prophet PBUH:

إنَّ اللَّهَ تَعَالَى إِذَا حَرَّمَ شَيْئًا حَرَّمَ ثَمَنَهُ

“Indeed, whatever that Allah prohibits, He also prohibits its price.”

Narrated by al-Daraqutni (2815)

Next, the purpose of the sale of e-liquid is for smokers of electronic cigarettes. Thus, the wasilah and effort that encourages smoking electronic cigarettes which is clearly haram is also haram. This is following the famous Islamic legal maxim:

ما أدى إلى الحرام فهو حرام

Whatever that leads to haram is haram.

The same is applicable for anything that is haram then the purpose for it is also haram. This is in accordance with the maxim:

الوسائل لها أحكام المقاصد

“All wasilah (method) for it follows the ruling of the purpose of it.”

Thus, according to the above evidences and arguments presented, in our opinion the business of selling e-liquid as flavours for electronic cigarettes is prohibited for the sale of e-liquid is unbeneficial and is harmful. Thus, we emphasized that you should cancel your intention to open a business of selling e-liquid for electronic cigarettes.

Conclusion

To conclude, we conclude the above discussion with the following advice:

  • The Muslim ummah should follow the fatwa on the prohibition of smoking electronic cigarettes.
  • Businesses related to electronic cigarettes products such as e-liquid in various flavours is should no longer be sold in any business premises or night market in our country.
  • Businessmen involved with the sale of products of electronic cigarettes should try their best to find another halal business.

Seeking sustenance for one’s family from what is halal is blessed and an obligation for the Muslim ummah. Indeed, Allah SWT guarantees the sustenance of His slaves by opening the halal according to the statement of Allah SWT:

وَسَخَّرَ لَكُمْ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ جَمِيعًا مِنْهُ إِنَّ فِي ذَلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ

“And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him. Indeed, in that are signs for a people who give thought.”

Surah al-Jathiyah (45)

The above verse shows that a wide variety of the halal matters that He created to be of benefit for mankind. Furthermore, Allah SWT promised facilitation in seeking sustenance for those who are on the road of taqwa as He stated in the Quran:

وَمَن يَتَّقِ اللَّـهَ يَجْعَل لَّهُ مَخْرَجًا ﴿٢﴾ وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ

“…And whoever fears Allah - He will make for him a way out. And will provide for him from where he does not expect.”

Surah al-Talaq (2-3)

Lastly, believe that the sustenance of Allah SWT is great and vast. Hopefully, we will build our lives according to the shariah of Islam and are blessed with guidance in seeking His blessings.

Endnotes:

[1] WHO Framework Convention on Tobacco Control Scientific research Committee WHO FCTC, Tobacco Control and Committee Unit FCTC, Ministry of Health Malaysia.

[2] https://www.dailymail.co.uk/health/article-6657903/Two-e-cigarette-flavors-destroy-lung-function-Harvard-study-warns.html


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