Is It Permissible to Deliver Haram Things to Non-Muslims?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
I am familiar with the position of Imam Abu Hanifa, where according to his principles, it would be permissible for an employee to stack and scan unlawful items in a supermarket. I would like to ask how does the Imam explains the following hadith; Ahmad (5716), Abu Dawud (3674), Tirmidhi (1295), and Ibn Majah (3380).
Especially the part “the one who carries it” as in a supermarket, an employee is asked to carry alcohol and stack it, scan alcohol at checkout, and help customers find unlawful items. Please detail the reasoning of the Imam and why he came to the conclusion of permissibility in light of the hadith. Provide references from the Imam himself or major Hanafi fatawas that detail his reasoning.
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
Imam Abu Ḥanifa’s reasoning is that there is no sin in the actual sin itself. Rather, the sin only occurs through the action of a willing actor, and drinking is not necessarily brought about by stacking it, scanning it at checkout, and helping the customers. As for the hadith, it is interpreted to mean transporting with the intention of sin.
Carrying and Delivering Alcohol
The 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‘]
Ibn ‘Abidin (Allah have mercy on him), for instance, mentions, “It is permissible to deliver wine to a non-Muslim, in person (on foot) or with one’s conveyance (vehicle) in return for a fee. It must be made clear that even though the delivery is fine, it is prohibited to manufacture the wine as this will constitute direct involvement with the sin itself. Some Hanafi jurists, such as the two companions, are of the view that transporting such products would not be appropriate (disliked) because this may fall in the category of assisting in sin.” [Ibn ‘Abidin, Radd al-Muhtar]
This is the explicit position of Imam Abu Hanifa and the relied-upon view in the Hanafi school.
This is why Hanafi jurists have permitted the delivery of products to non-Muslims, whether it be haram meat or wine. The reason is that there is nothing sinful in the act of delivery or transport itself to a non-Muslim.
It is, however, better to adopt a different line of work if one is able to without difficulty or hardship to avoid the difference of opinion on the issue and due to the general disliked nature of such work.
I would like you to go through the valuable answers and links below. You will receive guidance and direction, in sha’ Allah.
Related:
- Did Imam Abu Hanifa Distinguish Between the Legal Rulings for Wine and Beer?
- Is Carrying Alcohol in Dar al-Harb Not Haram?
- Is It Considered Assisting in Sin to Develop Software for Casinos, Banks, or Insurance Companies?
- Muslims in non-Muslim Lands: A Legal Study with Applications. [Book]
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught 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 the UK with his wife. His interest is a love of books and gardening.
