Question:
What is the ruling on weed, marijuana etc.? If it is Haram does Ghusl become Fard after using it? And do the prayer and duas get void for 40 days? Please guide with a detailed answer.
Answer:
All substances that intoxicate are deemed unlawful, whether they are liquid substances or solid. The Prophet (peace and blessings be upon him) said, “All intoxicants are prohibited.” [Sahih Bukhari] Therefore, the use of drugs such as marijuana, weed etc. are Haram, as the use of them to a certain extent intoxicates a person.
The Prophet said: “Every intoxicant is khamr, and every intoxicant is Haram. Whoever drinks khamr in this world and dies persisting in that and without having repented, will not drink it in the Hereafter.” [Muslim]
It is stated in Radd al-Muhtar:
"To use cannabis or marijuana to such an extent whereby it intoxicates is explicitly Haram. Even to use a small amount [whereby it does not intoxicate] for pastime or fun, is still Haram." [Radd al-Muhtar]
It is stated in Fatawa Ridawiyyah:
"A person who uses marijuana is definitely a Fasiq and worthy of punishment." [Fatawa Ridawiyyah volume 25, 105]
It is further stated in Fatawa Ridawiyyah:
"These [marijuana etc.] devilish substances have such an effect that it creates holes in the stomach." [Fatawa Ridawiyyah, volume 25, page 213]
However, by consuming or touching drugs such as marijuana, Ghusl does not break, but Wudu will break if one is so intoxicated that the feet begin to stagger. Despite marijuana being Haram to consume, its original form is pure and clean. It is stated in Bahar e Shariat:
"Dry substances, that intoxicate, such as marijuana, are not impure, therefore they can be applied on the exterior part of the body, as using them in such a way does not intoxicate." [Bahar e Shariat]
The Hadith regarding 40 days mentions that the prayer (Salah) of that individual will not be accepted for 40 days. This however does not mean an individual who has used intoxicants must not pray Salah within them days, Salah is still an obligation upon that individual, which he will have to fulfil or he will be sinful. Nevertheless, he will not receive any reward for his Salah during the 40 days. Also, the repentance of an individual within the 40 days is accepted by Allah, so long as it is with sincerity, as the Prophet (peace and blessings be upon him) said:
"Whosoever drinks wine, Allah will not accept his prayer for 40 days. If he seeks repentance Allah will forgive him. And if he repeats it Allah will not accept his prayer for 40 days. If he seeks repentance Allah will forgive him. And if he repeats it again Allah will not accept his prayer for 40 days. If he seeks repentance Allah will forgive him. If he repeats it for the fourth time Allah will not accept his prayer for 40 days. If he seeks repentance Allah will not accept it and he will be made to drink from the river of impurities (of the inmates of hell). [Tirmidhi, Nisai, Ibn Majah]
Although this Hadith mentions that an individual will be forgiven up to three times, then after the fourth his repentance will not be accepted, it is only to show that he had no sincerity in his repentance, hence why he persisted in his sinful action. Nevertheless, if an individual sins and asks for forgiveness countless number of times, so long as he has real sincerity, Allah will forgive him –
Indeed, Allah is Pardoning and Forgiving. [Qur'an 22:60]
والله تعالىٰ اعلم
And Allah knows best
Muhammad Kalim
Verified by Mufti Zahid Hussain al-Qadri