Fatwa: Not Every Alcohol is Haram like Khamr

Not Every Alcohol is Haram like Khamr

The question about alcohol is not as simple as it seems. For example, if there is only 1% alcohol in the food which used not as the purpose of intoxication, but only caused by synthesis process, is the food still haram? Or, in the case of vinegar which is made with ethanol, is it haram? Or, in the case of nabidz, which is the beverage or food that basically is halal food-drink, but in several days, it fermented and become intoxicating because it has certain alcohol level in it, such as beverage made from honey, wheat, or in Indonesia there are also food like tape (made from cassava) and also legen beverage (from palm nectar), both in certain degree will become intoxicating after few days. Are those food (honey, wheat, tape, legen) basically haram? I don’t think so. Or it only haram after become intoxicating? But when exactly it turns from halal to haram? At what days? Or at what level alcohol? Or other question like if alcohol is like khamr, and khamr is najis, how if we use disinfectant/ antiseptic? Can we perform shalat/ prayer after used it? Or alcohol in perfume, cosmetic, medicine etc, how islam sees when we use it?

In the maqashid syariah (the purpose of syariah Islamiyah), it is explained that Islam has a purpose to protect the religion, life, mind, offspring, and also property. For those purpose, everything that help to achieve the goals are permitted and also recommended, but otherwise is prohibited. The research regarding alcohol is important because at some point, alcohol will mess up with our life especially our sense/ mind. But generalize it as haram as whole will only make our life miserable (haraj).

يُرِيدُ ٱللَّهُ بِكُمُ ٱلْيُسْرَ وَلَا يُرِيدُ بِكُمُ ٱلْعُسْرَ

Meaning: Allah intends ease for you, not hardship (Al-Baqarah: 187)

So, how actually Islamic scholar sees this matter?

What Islamic scholars agreed?

Islamic scholar agreed with consensus (ijma’) that khamr is haram and prohibited. It is based verse in the Quran Surah al-Maidah verse 90:

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِنَّمَا ٱلْخَمْرُ وَٱلْمَيْسِرُ وَٱلْأَنصَابُ وَٱلْأَزْلَـٰمُ رِجْسٌۭ مِّنْ عَمَلِ ٱلشَّيْطَـٰنِ فَٱجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

Meaning: O believers! Intoxicants, gambling, idols, and drawing lots for decisions are all evil of Satan’s handiwork. So, shun them so you may be successful.

This matter on khamr, we agreed on. Ijma’. It is haram. But the question is, what is khamr?

Does every alcohol is always khamr?

The simple answer is NO. Every alcohol is not khamr, but every khamr has alcohol in it.

In this case, we will use the approach made by Hanafiyah scholars when they made the verdict regarding khmar and nabidz. The reason we use their approach because their argument is valid and (in our opinion) proves to be easy to apply in our daily life.

In Hanafiyah term, there are three kinds of beverage. First is khamr, beverage made from date (tamr), and the third is nabidz. In this case, we will discuss the first and thirdh because that is all the problem.

Khmar is a beverage made from grape (wine) when it fermented and become intoxicating. While nabidz is the beverage made by other than wine/ grape and date (tamr) and at certain degree it can be intoxicating and become khamr. The example of nabidz is beverage made from honey, wheat, tape (food made from cassava), and legen beverage (from palm nectar). All in certain level and way will become intoxicating after few days. As far as we know, the food like tape and the drink like legen at the first time has alcohol in it, but very low. It just its nature. The level of alcohol will grow up every day until it become intoxicating.

As for the first case (khamr), it is haram. All of Islamic scholar agreed on it as we mention before. But as for nabidz, it will only be haram when it becomes intoxicating, and in this state, it became khamr. The question is, how to know when nabidz will became khamr? Do we have to tried it first? Of course not. In the modern age we can prove it through pharmacology. According to fatwa made by Tarjih Council of Muhammadiyah (Indonesia) who invited scientist in this field in process of making the fatwa, they conclude that nabidz will become khamr when the alcohol level is 5% or higher. Less than that, it is still tolerable.

So, as long as the food-drink are not intentionally made with the purpose of being khamr and it has certain degree of tolerable alcohol, the law is the same as nabidz (halal). In fact, cited by Syekh Yusuf al-Qardhawi, there is certain level alcohol in yogurt (labn zabady), several bread, and many food that many muslim consume and it has level alcohol higher than 0.5%, and no body deny it.

Of course, if we take it as caution and prefer not to consume it is wise way to deal with it. But Islam is deen (religion) of knowledge. It is not the same (in front of Allah) the people who know the knowledge and choose to take caution with it, with the people who does know the knowledge.

قُلْ هَلْ يَسْتَوِى ٱلَّذِينَ يَعْلَمُونَ وَٱلَّذِينَ لَا يَعْلَمُونَ ۗ إِنَّمَا يَتَذَكَّرُ أُو۟لُوا۟ ٱلْأَلْبَـٰبِ

Meaning: Say, ˹O Prophet, “Are those who know equal to those who do not know?” None will be mindful “of this” except people of reason. (Az-Zumar: 9).

Wallahu a’lam bishswab. Wallahu Ghafur ar-Rahim.

 

Reference:

1.      Fatwa by Tarjih Council of Muhammadiyah in Indonesia

2.      Fatwa by Syekh Yusuf al-Qardhawi: Fatawa Mu’ashirah, volume 4: page 745

3.      Mausu’ah Fiqhiyah Kuwaitiyah

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