Firstly, the ruling of smoking has no mention in the books of jurisprudence from the early period or in the time of the predecessors (As-Salaf), because it was known to people at later stage. It was discovered by the Spanish colonizers in the 16th century AD and reached the lands of Islam in the 11th century AH. After it spread in the lands of Islam, scholars began to speak about its ruling. Some took the position of prohibition, some said it is disliked, and some refrained from giving a clear ruling. The scholars of the earlier times are excused in this matter because it was a new issue and the consequences of smoking had not yet become clear as they did later on.
Among the early scholars, from our Ḥanafiy school of law, who prohibited smoking, were the following scholars:
– ʽAbd al-Bāqiy al-Ḥanafiy, who lived in the 11th century AH. He said: “The truth is that it is prohibited, and its evidence is derived from the Noble Qur’an, prophetic traditions, and Shariah principles and established texts.”
– Ash-Shurunbulaliy Ḥasan ibn ʽAmmār, another scholar from the 11th century AH, who sees it as prohibited because it lacks nutrition and medicine elements. He prohibited selling and consuming it as it is detrimental, and the one who consumes it in Ramada must perform expiation.
– Sheikh Muḥammad al-ʽAyniy al-Ḥanafiy held this view in his treatise on the prohibition of smoking.
A group of scholars from other schools of thought share a common ground with the Ḥanafiys in stating the prohibition of smoking in the early stages when people became aware of it. There were also those who said it is disliked only because there is no conclusive evidence and because making analogies in light of other issues does not necessarily lead to the conclusion of prohibition according to their opinion. However, in modern times, the opinions of jurists and muftis have tended towards the prohibition view, and this is what most fatwa authorities and Islamic legal councils have decided upon, although some still hold the view of dislike.
The truth is that smoking is prohibited, and this is due to the following reasons:
1- Sharia law was established to preserve five general objectives, which are the self, the intellect, the honor, the wealth, and the religion. Therefore, anything that negatively affects these five objectives is prohibited by Sharia law, even if it may seem otherwise. For example, a person has the right to wishfully spend their own earned wealth, but if they intend to burn it, for instance, Sharia law prohibits them from doing so, considers it foolishness, and denies his access to it. This is because such an act contradicts the objectives of Sharia law, including the preservation of wealth. Sharia law does not allow such abuse, as it leads to the squandering of wealth without a valid reason and impoverishes the Muslim community as a whole.
If someone wants to donate their blood, they are allowed to do so, as long as they do not exceed the allowable limit. If they exceed it, the act of donating blood, which was meant to be an act of goodness, becomes a sin, as it would harm their body and so on.
2. Allah Almighty says: “Those who follow the Messenger, the unlettered prophet, whom they find written in what they have of the Torah and the Gospel, who enjoins upon them what is right and forbids them what is wrong and makes lawful for them the good things and prohibits for them the evil” [Al-ʼAʽrāf 7:157] We witness with our eyes, smell with our noses, and grasp with our minds the detriments and evil caused by smoking.
3. Imam ʼAḥmad and Abū Dawūd narrated a Ḥadīth from ʼUmm Salamah (may Allah be pleased with her) wo said: “The Messenger of Allah (peace be upon him) forbade every intoxicant and everything which produces languidness.” [Its chain of transmission is sound] Smoking, even if it is not intoxicating, weakens the smoker’s strength in the long run. One can observe that smokers become easily irritable and exhausted if they do not smoke.
4. Smoking is a means of squandering money. It is recorded in the two Ṣaḥīḥ books of Ḥadīth that the Prophet (peace be upon him) said: “Allah has made it prohibited for you to be disrespectful (showing undutiful behavior) to your mothers, to bury your daughters alive, and He hates that you engage in gossip, asking many questions about people’s affairs and wasting wealth.” The reality testifies that billions are spent on this matter, which is enough to enrich the poor of the world.
5. Smoking harms both the smoker and others. Abī Saʽīd Saʽd ibn Sinān al-Khudriy (may Allah be pleased with him) said: the Messenger of Allah (peace be upon him) said: “There should be neither harming nor reciprocating harm.” This is a Ḥasan (fair) Ḥadīth which is narrated with a connected chain by Ibn Mājah, Ad-Dāraquṭniy. Mālik, in (Al-Muwaṭṭaʼ), narrated it with a disconnected chain on the authority of ʽAmr ibn Yaḥyā from his father from the Prophet (peace be upon him), dropping Abū Saʽīd from the chain. It has also other confirming narrations.
6. Since its odor is foul, it harms people who do not use it, especially in places of prayer. Moreover, it even harms the angels (who are present in such places during worship). Al-Bukhāriy and Muslim narrated in their Ṣaḥīḥ books a Ḥadīth on the authority of Jābir who said: “He who eats garlic or onion should remain away from us or from our mosque and stay in his house.” It is known that the smell of smoking is no less detestable than that of garlic and onions. The Messenger of Allah (peace be upon him) said: “Whoever harms a Muslim, he has harmed me, and whoever harms me, he has offended Allah.” This Ḥadīth is narrated by Aṭ-Ṭabarāniy in (Al-Muʽjam al-ʼAwsaṭ), on the authority of ʼAnas (may Allah be pleased with him), with a Ḥasan chain of transmission.
7. Medical professionals and scientists testify that smoking is the cause of many diseases, including heart disease, lung disease, blood diseases, and others. If a pregnant woman smokes, it can affect the fetus and may result in diseases in children later on, which is a crime against an innocent person.
Therefore, the correct view is that smoking is prohibited based on sound evidence and analogy. Whatever is prohibited cannot be sold, nor is it considered an inviolable or pure commodity. Therefore, it is not permissible to work in the business of selling smoking products, except for someone who is compelled or who follows the view that deems it disliked. As for someone who works in a mixed business that sells both lawful and unlawful things, with the majority being lawful, in non-Muslim countries, they may follow the view that deems it disliked rather than prohibited if they have no other means of earning halal income. However, they should try to avoid selling such products themselves as much as possible.
Fatwa by Dr. Khālid Naṣr