Question: What is the Sunnah way of eating food?

Answer: Sitting on the floor with the right leg upright and left leg lying flat across you. Hold the bread with the left hand and break the bread and eat with the right hand. To break and eat bread (or anything) with just one hand is the practice of the cursed proud people. 

What is the ruling of the Ulama-e-Ahle Sunnat concerning whether the Jhoota (Food which has already been eaten from) of a kaafir (unbeliever) is paak (clean) or not? Please make sure everything has been translated into Urdu, so that the general public may understand properly.

The Answer: A kaafir is Na paak (impure). Almighty Allah says, “The Unbeliever is completely impure.” (Surah Tauba verse 28) والله تعالٰی اعلم

Here, there impurity refers to their inner impurity. Now, if there is evidence of alcohol or any other impure substance in their mouth, then impurity also becomes apparent and in such case, their jhoota is definitely impure and whatever their saliva touches such as Huqqa etc. will all become na paak. It is in Tanweerul Absaar: “The jhoota of a person after consuming alcohol and the jhoota of a cat after eating mice are both impure.”

In the same way, if the moustache of a kaafir who takes alcohol is so big that the alcohol gets onto it, then whatever it touches, such as water etc. will be impure and this is until he does not thoroughly clean it.”

If there is no sign of apparent impurities then even though his jhoota will not be called na paak like that of a dogs, “It is in Tanweerul Absaar and Durar that the jhoota of humans is regarded as pure, even though it is that of person in state of Junoob (in need of ghusl), or a kaafir, condition that his mouth is paak.”

In brief, It is not necessary that everything which is not na paak is totally pure and without defects. The mucus from the nose is also not regarded as na paak, but which intelligent person will have the audacity of licking it with ones tongue or lips? Muslims, Alhumdulillah feel the same way and have the same dislike concerning the jhoota of a kaafir and this dislike is based on their Imaan:

“And this is to remove or make less the dislike of the Kufaar from their hearts and their sights, and this is disloyalty to the Muslims. Verily the Ulama have clarified this just as it has been mentioned in Uqood Dariya. Verily the Mufti must give that fatwa (verdict) which according to him is best for the Muslims and the best thing for the Muslims is to keep in them the dislike for the Kufaar, and not in removing this (dislike).”

Thus, one who intentionally eats and drinks the jhoota of kaafir is also disliked by other Muslims. He becomes one concerning whom people have suspicions. They suspect him to have love and friendship with the Kufaar. It is in the Hadith Shareef as follows: “One, who has faith in Allah and the last day, should not stand in suspicious places.” 

The Prophet (Sall Allaho alaihi wasallam) has stated in numerous Hadith: “Stay away from that which is bad to hear.”

رواه الامام احمد عن ابی الغادیة والطبرانی فی الکبیر و ابن سعد فی طبقات و العسکری فی الامثال و ابن مندة فی المعرفة والخطیب فی الموتلف کلھم عن ام الغادیة عمة العاص بن عمرو الطفاوی و عبدالله بن احمد الامام فی الزوائد المسند و ابو نعیم و ابن مندة کلا ھمافی العرفة عن العاص المذکور مرسله و ابونعیم فیھا عن حبیب بن الحارث رضی الله تعالی عنھم

Also the Prophet (Sall Allaho alaihi wasallam) has stated in numerous Hadith as follows: “Stay away from every such thing for which you have to present an excuse.” 

رواه الضیاء فی المختارة والدیلمی کلا ھمابسند حسن عن انس و الطبرانی فی الاوسط عن جابر و ابن بنیع و من طریقة العسکری فی امثاله والقضاعی فی مسنده معا و البغوی و من طریقة الطبرانی فی اوسطه والمخلص فی السادس من فوائده و ابو محمد الابراھیمی فی کتاب ا لصلٰوة و ابن النجار فی تاریخه کلھم عن ابن عمرو و الحاکم فی صحیحه و البیھقی فی الزھد و العسکری فی الامثال و ابو نعیم فی المعرفة عن سعد بن ابی وقاص و احمد و ابن ماجة بسند احسن و ابن عساکر عن ابی ایوب الانصاری کلھم رافیعه الی النبی صلی الله تعالٰی علیه وسلم والبغاری فی تاریخه و الطبرانی فی الکبیروابن مندة عن سعد بن عمارة من قوله رضی الله تعالٰی عنھم اجمعین

And the Prophet (Sall Allaho alaihi wasallam) says, “Give glad tidings and do not do that which causes dislike (hatred) amongst the people.”

Then, to open this topic without valid reason in Shariat is ghibat and ghibat is haraam. (فما ادى اليه فلااقل ان يكون مكرها)

Thus it has been proven from evidence of Shariah and sahih Ahadith that it is necessary to abstain from the jhoota of unbelievers:

And numerous laws in times differ due to difference of opinion based on the difference of the era and situation. The proofs of this are those Furoo (practical laws) which are gathered in the books of the Imams. This is which I (Aala Hazrat) have and with this, I have given the fatwa on numerous occasions, and Allah Almighty is my Rubb. My complete trust is in Him and my proof is from Him, and Allah, All Pure, Almighty, knows well everything.”

والله تعالٰی اعلم

كتبه عبده المذنب احمد رضا عفى عنه

بمحمّد 

What do the learned Ulama-e-Deen and the Mufti’s of Islam decree in the issue of Jhinga (shrimp / prawn). Is it permissible to eat it or not? Or is it Makhrooh or Haraam? Please forward a reply with signature and Official seal.

The Answer: In our Madhab (Hanafi), with the exception of fish, all the other (sea) creatures are regarded as Haraam (not permissible for consumption). Thus, those few who say that the jhinga (shrimp) is not a fish, according to them; it should be regarded as haraam. This humble servant has however, researched this thoroughly and has found that according to the Books of Language (Dictionary); Books of Tibb and the Books of information on animals, the jhinga is regarded a fish. 

It is in Qaamoos: “Irbiyaan (shrimp) which is with the Hamza-e-Maksoora, is a fish, which in appearance is like a large ant.”

It is in Sihah and Taajul Uroos as follows: “Irbiyaan is a whitish fish which looks like a large ant and is usually found in Basra.”

It is in Siraah as follows: “Irbiyaan is a type of fish.”

It is in Muntahi ul Arab as follows: Irbiyaan is a type of fish which is known as jhinga in hindi

It is in Makhzan as follows: “It is known as Roobiyaan and Irbiyaan. It is called Roobiyaan Fish and Machli and Mek Machli and in Hindi it is called jhinga.”

It is in Tuhfatul Mo’mineen as follows, “In Farsi, Roobiyaan is the name of a Fish.”

It is in Tazkira-e-Dawood as follows: “Roobiyaan is a type of fish which is found a lot in the seas of Iraq and Qaam. It is like a reddish crab with lots of legs, but it has more flesh on it.”

It is in Hayaatul Haywaan Kubra as follows: Roobiyaan is slightly red and is a very small fish.

Now after examining all this, then according to Merajud Diraaya it should be Halaal since in the quotation of Merajud Diraaya it is clear that all species of fish are Halaal: “And Taafi is not a fixed species, but it is a description which every species is linked towards.”

It is clearly stated as follows in the Meraj (book as mentioned above), “Such a small fish in which the stomach can not be cut open and it is fried (or cooked) without removing the stomach, then with the exception of Imam Shafi’i it is Halaal according to all the A’ima. It is in Raddul Muhtar that it has been mentioned in Merajud Diraaya. If a fish is found in the stomach of a fish then it can be consumed, but according to Imam Shafi’i (radi Allahu anhu) it will not be eaten as it is regarded in the ruling of bird droppings and according to him, the droppings of the bird is regarded as napaak (impurity).”

We say that it is only regarded as droppings if it has changed its originality. As for those fish which are so small that their stomachs can not be cut open, then according to the Shafi’i Imams, it is not Halaal to consume, since they base this on the (same) ruling that (apply to) the droppings of the bird as being an impurity and according to the remainder of the Ulama, to consume such fish is halaal. 

However, this faqeer (Aala Hazrat) has seen in Jawaahir that all such small fish are Makrooh-e-Tahreemi and this seems to be more correct. It is in Jawaahir as follows: “It has been mentioned that all very small fish are Makrooh-e-Tahreemi. This seems to be more correct. The jhinga (shrimp) looks a lot different from any other fish. It looks more like a worm and it must be noted that the term Maahi (fish) is also used for things which are not really from the fish species, such as a skink or a small limbed lizard, even though it is the young of an alligator and is born on the dry banks of the river Nile (commonly). There is no source according to our A’ima (Learned Leaders) that shows the shrimp to be lawful to consume and even if it is a fish, then the shrimps here are generally very small and the law will be as correctly mentioned in Jawaahir. Thus, it is better when faced with such difference of opinion and doubt to abstain if there is no necessity, and to abstain is Oola (better).

والله تعالٰی اعلم

كتبه عبده المذنب احمد رضا عفى عنه

بمحمّد ن المصطفى صلى الله تعالى عليه وسلم

First Note: It is the manner of the learned scholars to end their decrees with the words “And Allah Knows” which in Arabic will read as follows:

والله تعالٰی اعلم This will be used at the end of the decrees rather than the translation.

Second Note: The above mentioned Arabic text is one of the ways which Aala Hazrat (radi Allahu anhu) ended his decrees and this became one of his well recognised signatures, wherein he referred to himself as the servant of the religion, hopeful of salvation through his Master Muhammad (sall Allaho alaihi wasallam). This will not be translated in the rest of the book, but the actual Arabic text will be used to end the decrees. 

Question:

As-salam-mu alaikum, 
Is it permissible to eat the so-called "Halal" KFC's which are now opening around the country. They say they are certified by the HFA. Are we allowed to eat at these "halal" outlets?
What about other fast food chains which have halal stores, such as Subway and Nando's?
What about the halal stores they have in the arab countries, such as Saudi Arabia?

Answer:

Wa Alaykum Al-Salam, 

The essence of all meat is haram and impure. However, any meat of a halal animal slaughtered by a Musslim in the valid way according to Islamic law becomes Halal to consume and pure to use. It's permissibility can be established through the information delivered by a Musslim, if not witnessed the act of slaughtering. The information of a non-Muslim is not sufficient to change any meat from it's essence and establish it as halal. It will remain in it's essence. 

The Hanafi Fuqaha agree that the information of a non-Muslim to establish something haram or halal (Diyaanaat) is not considered (See Hidayah, Jawharah, Radd Al-Muhtar, Al-Ataya Al-Nabawiyyah and Bahar). The Fatwa in the Hanafi Fiqh also says that any meat that is once established as halal and later it is out of the eyes of a believer and in the eyes of a non-believer, it (the halal meat) returns back to it's essence, thus, not halal anymore. See Al-Ataya Al-Nabawiyyah and Bahar for references. 

After knowing the above, it is clear that, firstly, the meat in takeaways which is delievered by a non-Muslim is not halal, secondly, the takeaways where there are no Muslim workers or there are but at some point the meat is out of the eyes of the Muslim and in the eyes of the non-Muslim is not halal and thirdly, organisations which do not consider such rulings are not to be considered as a certification to establish halal. 

As for KFC, Subway and Nandos, I have no information regarding them yet. What i have mentioned above is enough to know the rule in our Hanafi Law. 

And Allah knows best 

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars) 

Answer

Wa Alaykum Al-Salam,

The usage of the Huqqah (also known as sheehsha and water pipe) can be permissible and can be impermissible, depending on it's contents (substance). If tobacco is used, which does not have the capibility of intoxicating a person to such an extent that the person would not know what he utters and stumbles whilst walking, it is permissible and there is no reason to regard it as not permissible or haram. In Al-Hadeeqah Al-Nadiyyah, Allamah Abd Al-Ghani Al-Nablusi writes, "From amongst the generally practiced innovations is the usage of the Huqqah and the drinking of coffee which is common amongst the general and specific public in todays time. The truth is that there is no reason for it's hurmah (regarding it haram) and neither for it's karahah (regarding it makrooh). In Al-Durr Al-Mukhtar it is regarded the same as onions and garlic. Ibn Abideen comments on it, "Which is permissibility in the chosen school". Imam Ahmad Tahtawi and Allamah Ab Al-Sa'ood write in it's foot notes regarding the comparison of it with onions and garlic, "it is not hidden that the karahah is minor (tanzeehi) which is permissible".

Today many Scholars have discovered many disadvantages of smoking tobacco and therefore regarded it as severely disliked or haram. Although these opinons are based on assumptions and far from the correct opinion for mere assumptions and estimations are not enough to establish something as severely disliked or haram in Islamic Fiqh, it is still better to refrain from unnecessary consumption.

As for smoking a substance that has the capability to intoxicate a person to an extent where he does not know of what he utters and stumbles whilst walking is impermissible, regardless of its quantity.

For more information on the Huqqah, one should refer to Huqqah Al-Marjaan Li-Muhimm Hukm Al-Dukkhaan written by Imam Ahmad Raza (Allah is pleased with him).

And Allah knows best.

Zahid Hussain Al-Qadri
(Beggar at the doorstep of Scholars)