Is Carrying Alcohol in Dar al-Harb Not Haram?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

The Messenger of Allah (peace and blessings of Allah be upon him) said: “Allah has cursed alcohol, the one who drinks it, the one who pours it, the one who sells it, the one who buys it, the one squeezes (the grapes, etc.), the one for whom it is squeezed, the one who carries it and the one to whom it is carried.”

I read that, according to some scholars delivering alcohol in dar al-Harb doesn’t make one’s income haram. Looking at the hadith, how is it that some scholars follow this opinion even though the matter‚ carrying alcohol‘ is obvious in the hadith? What is their evidence for saying that one can carry it for money in a dar al-Harb country?

Answer

In the Name of Allah, the Most Merciful and Compassionate

The majority of the scholars say that most of the western countries, like Europe, Canada, and America, are all Dar al-Aman, and not Dar al-Harb. Therefore, one cannot work at a place, like a liquor store, off-license, etc. where one sells, carries, and delivers alcohol to others.

There are Three Abodes-Dar al-Islam, Dar al-Aman, and Dar al-Harb.

Dar al-Islam (Muslim State)

It is a country where Muslims have the political power to rule by the laws of Islam.

Dar al-Aman, Sulh ( Peace-Treaty State)

It is a country where the rule of governance is by Non-Muslims. However, Muslims are allowed to reside and co-exist in the country peacefully. They can practice thoroughly, and those Islamic rulings that do not require governance are entirely to practice.

Dar al-Harb (Enemy State)

It is a country where Non-Muslims can reside and exist peacefully. However, Muslim citizens are deprived of living with complete protection and unable to fulfill their religious rights and acts of worship publicly. [Rada al-Haq, Fatawa Darul ‘Ulum Zakariyya with reference to Ibn ‘Abidin, Radd al-Muhtar; Fatawa Hindiyya; Rahmani, Jadid Fiqhi Masail; Buti, Al-Jihad Fil-Islam, etc.]

There are some minority scholars who say some western countries are Dar al-Harb. Therefore, one can carry and sell alcohol because they are allowed to consume it. However, this is a mistaken opinion.

Carrying and Delivering Alcohol

As for carrying and delivering alcohol, such as a driver for a liquor store, a bartender serving alcohol, or working at a wine/beer factory and employed therein. This would come under the hadith prohibition and assisting directly in sin. In other words, this hadith refers to people whose job revolves around establishing, enabling, maintaining, and supporting the alcohol industry by solely working for it.

As for a person who delivers, checks, and assists another in helping one carry, transport, and buy goods which includes alcohol, then this will fall under indirect assisting in sin, therefore, allowed. [Usmani, Fiqh al-Buyu’]

Check these links:
When Am I Assisting Someone in Sin? – SeekersGuidance
What Are the Principles of Work and Assisting in Sin? [Video] – SeekersGuidance
Can I Carry Boxes of Wine For Money? – SeekersGuidance

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SeekersAcademy (seekers.flywheelstaging.com)

I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.

He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.

He currently resides in UK with his wife. His personal interest is love of books and gardening.