Question (Q-97)
What is the ruling according to Sharīʿah (Islamic Law) in relation to the use of e-cigarettes? Furthermore, what is the ruling in relation to selling e-cigarettes?
Answer:
If an e-cigarette is free from any Ḥarām (prohibited) substance and/or any intoxicant and it does not cause any bad odour to develop in the mouth then its use is mubāḥ (neither an act of reward nor a sin). If the use of it causes bad odour to develop in the mouth then its use is makrūh al-tanzīhī. However, due to the damage caused to one’s health by use of e-cigarettes, one should avoid use of them. As for the selling of e-cigarettes, then it is permissible if the e-cigarette is free from Ḥarām (prohibited) and intoxicating ingredients. If there is a legal restriction on the sale of e-cigarettes in a certain state or country then the sale of e-cigarettes should be avoided as going against the law of the land will cause a danger to one’s wealth and life (or quality of life).
It is stated in Fatāwā Muftī-e-Aʿẓam, Volume 5, Page 208,
“One should not consume cigarettes. Similarly one should avoid such a ḥuqqah (shīshā) which causes bad odour to develop in the mouth. There is no restriction in relation to consuming the cigarette or ḥuqqah (shīshā) which does not cause bad odour to occur in the mouth. Consuming such cigarettes or ḥuqqah (shīsha) which causes damage to one’s consciousness (and awareness) is impermissible. Aʿlāhaḍrat (Al-Imām Aḥmad Riḍā Khān) wrote a blessed thesis in relation to ḥuqqah (shīsha) entitled, “Ĥaqqah al-Marjān li Muhimmi ĥukm al-Dukhān.” Refer to that for details.”
It is stated in Radd al-Muḥtār ʿala’l-Durr al-Mukhtār, Volume 10, Page 50,
فهو داخل تحت قاعدة الأصل في الأشياء الإباحة وإن فرض أضراره للبعض لا يلزم منه تحريمه على كل أحد
“It is included under the principle, “The origin in things is permissibility.” If its harms are conceived for some (people) that does not necessitate it being classed as forbidden for every single (person).”
Ghamz ʿUyūn al-Baṣā’ir Sharḥ Al-Ashbāh wa’l-Naẓā’ir,
يعلم منه حل شرب الدخان
“The permissibility of smoking is known from it (i.e. from the aforementioned principle).”
It is stated in Al-Fatāwā Al-Riḍawiyyah, Volume 25, Page 89,
“All in all, according to the researched position, there is no way in regards to this issue besides ibāḥah (i.e. classing it to be neither an act of reward nor a sinful action). This is especially so as the general public amongst the Muslims throughout the world in the Arab countries as well as non Arab countries and Muslims in the East and West are afflicted by this. Classing it to be impermissible will result in classing the general members of the respected Ummah (nation) to be sinful which is certainly not bearable to the the pure nation which is generous and gives ease.”
It has also been stated in Al-Fatāwā Al-Riḍawiyyah, Volume 25, Page 91,
“Due to some reasons, it can be described as makrūh al-tanzīhī (disliked) as Al-ʿAllāmah Abū Al-Saʿūd, Al-ʿAllāmah Al-Taḥṭāwī and Al-ʿAllāmah Al-Shāmī mentioned this whilst connecting it to garlic and onions.”
It is stated in Fatwā Number 6392 of Darul Ifta Ahle Sunnat,
“If this cigarette (i.e. e-cigarette) is free from intoxicants and the usage of it does not cause bad smell to develop in the mouth, then its use is mubāḥ (neither classed as an act of reward nor classed to be a sin). However due to it being harmful to health, it should be avoided.”
Furthermore, it is stated in the same verdict,
“If vaping causes bad smell that results in discomfort then this action will be classed to be makrūh (disliked) khilāf al-awlā (opposing the preferred position) which is the same as the ruling that applies to garlic and onions. In this situation entering the Masjid and performing Ṣalāh (when there is enough time to perform once the smell has gone) will be prohibited. Therefore, it will be necessary to clean the mouth thoroughly before entering a Masjid and performing Ṣalāh.”
It is stated in Fatwā Number 117 of Darul Ifta Ahle Sunnat,
“The buying and selling of cigarettes is permissible according to the Sharīʿah so long as there is no other reason for preventing it. For example, this action being illegal according to the law of the land etc.”
It is stated in Al-Fatāwā Al-Riḍawiyyah, Volume 17, Page 370,
إن من الصور المباحة ما يكون جرما في القانون ففي اقتحامه تعريض النفس للأذي والإذلال وهو لا يجوز فيجب التحرز عن مثله
“Indeed from the permissible situations is what is a crime according to the law. Breaking it (the law), is exposing oneself to harm and degradation and it is not permissible. It is necessary to abstain from the likes of it.”
And Allah knows best and His Knowledge is Complete and Sublime.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
