QUESTION:
What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: I unconsciously bought a few such things from Aldi which contain Harām ingredients. Should I dispose of these in the bin or should I give them to a non-Muslim acquaintance/friend?
Questioner: Hasnayn from UK
ANSWER:
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
It is also Harām to eat the food itself which contains Harām ingredients, nor is it correct to give this to non-Muslims either; hence, the item(s) should be returned. And if a return is not possible, then one may dispose of such because non-Muslims are also bound by rulings just as Muslims are in relation to unlawful matters and they are addressed by the Divine Speech of Allāh.
Just as it is mentioned in al-Bahr al-Rā’iq Sharh Kanz al-Daqā’iq,
“لِأَنَّ الْكُفَّارَ مُخَاطَبُونَ بِالْحُرُمَاتِ، وَهُوَ الصَّحِيحُ مِنْ مَذْهَبِ أَصْحَابِنَا۔”
“Non-Muslims are also addressed (in terms of Divine Speech) in regards to unlawful matters and it is this that is the correct stance of our scholars.
[al-Bahr al-Rā’iq Sharh Kanz al-Daqā’iq, vol. 6, p. 77]
And ‘Allāmah Kamāl al-Dīn son of Humām – may Allāh have mercy upon him – states in Fat’h al-Qadīr,
“وَالْكُفَّارُ مُخَاطَبُونَ بِالْحُرُمَاتِ إجْمَاعًا۔”
“It is by consensus that non-Muslims are addressed in relation to unlawful matters.”
[Fat’h al-Qadīr, vol. 6, p. 4]
Also, ‘Allāmah Kāsāni Hanafī – may Allāh have mercy upon him – writes in Badā’i’ al-Sanā’i’,
“أَنَّ حُرْمَةَ الرِّبَا كَمَا هِيَ ثَابِتَةٌ فِي حَقِّ الْمُسْلِمِينَ فَهِيَ ثَابِتَةٌ فِي حَقِّ الْكُفَّارِ؛ لِأَنَّهُمْ مُخَاطَبُونَ بِالْحُرُمَاتِ فِي الصَّحِيحِ مِنْ الْأَقْوَالِ۔”
“Just as the unlawfulness of interest is established for Muslims, it is also established for non-Muslims as well because according to the correct stance, non-Muslims are also addressed in unlawful matters.”
[Badā’i’ al-Sanā’i’ Fī Tartīb al-Sharā’i’, vol. 5, p. 192]
Sadr al-Sharī’ah Muftī Muhammad Amjad ‘Alī A’zhamī – may Allāh have mercy upon him – states in Bahār-e-Sharīat referencing al-Hidāyah, ‘It is also unlawful to give alcohol to a non-Muslim or child to drink, even if it is given to drink for treatment purposes on medical grounds, and the sin is the responsibility of the one giving it to them to drink.”
[Bahār-e-Sharī’at, vol. 3, p. 672]
On the basis of the aforementioned principles and Islamic jurisprudential rulings, giving consumable Harām items to a non-Muslim is also not correct.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mawlānā Za’īm Ahsan – (Verified and attested by Mufti Qasim Zia al-Qadri)
Translated by Haider Ali Madani
Read the original Urdu answer here: [Q-ID0810] I mistakenly bought some items that contain haram ingredients, can I pass them to my non-Muslim neighbour?
