Question

What happens to a person who dies in the state of Intoxication? Should the people attend his Janazah? What will be his punishment? Please prescribe a wazeefa to get rid from this Major sin of Drinking, Smoking Weed/Marijuana etc

Answer

The Messenger of Allah ﷺ said:

“(For every person’s destiny) only the state at the end is considered”

This means that a person will be deemed successful or unsuccessful in this world based on his/her state when he/she died. If a person died in the state of being a Muslim, then he/she will be destined for reward and eternal bliss, whereas a person who died as an unbeliever will be destined for punishment and eternal damnation - as has been clearly determined by Allah, the Almighty.

Imam Abu Dawood has recorded in his Sunan that Sayyidah Umm Salamah narrated that the Messenger of Allah ﷺ prohibited substances that are Muskir (like alcohol) and Muftir (like marijuana).

Imam Bukhari and Imam Muslim have recorded that the Messenger of Allah ﷺ said:

“Every substance that intoxicates is khamr and every khamr is forbidden.”

And also:

“He who consumes khamr in the world and dies in that state without repentance will not consume it in the hereafter.”

It is confirmed that the people of paradise will consume the pure khamr in the hereafter. Therefore, this Hadith indicates that the person who drinks alcohol or consumes other forms of intoxicants may die without Imaan.

There is a narration from Sayyiduna Ibn Abbas, Allah is pleased with him, recorded in Mishkaat Al-Masaabeeh, that the person who regularly consumes khamr and dies in that state will come in the court of Allah (on the day of judgement) like an idol worshipper.

It is also recorded from Sayyiduna Abu Musa Al-Ash’ari that the person who continuously consumes khamr will never enter Jannah.

Imam Bukhari and Imam Muslim have recorded that the Messenger of Allah ﷺ said:

“A person does not consume khamr in the state that he is a believer while he consumes it.”

Imam Ahmed Rida has recorded a narration in his Fataawa which makes it clearer; the Messenger of Allah ﷺ said:

“Allah removes the Imaan of the one who commits zina (unlawful intercourse) or consumes khamr in the manner that a man removes his shirt from his head.”

All these narrations and many more are clearly announcing that it is highly probable that a person who consumes khamr will die without Imaan. There is a definite fear that he may renounce his faith before leaving this world, especially for the individual who dies in the state of consuming intoxicants.

Sadr Al-Shariah writes in Bahare Shariat that when a person is near his death, the people should remove any pictures or dogs (if there are any) in the house because the Angels of mercy do not enter such a house; this is based on a Hadith from Sunan Al-Tirmizi. One should take heed from the above. If a pious person is in a house which has pictures in it, there is fear that the Angels of punishment will take him instead of the Angels of mercy; then what of the person who dies in the state of consuming intoxicants? Do you think that the Angels of mercy will roam around a person who is smoking weed or consuming alcohol? May Allah protect us from such sinful actions!

The warnings given in the above narrations from the Prophet Muhammad ﷺ are enough as a prescription of Wazeefah. Simply to know these fearful warnings should stop a believer from engaging in such acts. The Messenger of Allah peace and blessings be upon him said:

“Increase the amount of times you remember the destroyer of desires - (which is) death.”

Frequently bring the thought in the mind that we all will die one day and death will take us away from this world, no matter where we try to hide and run. This world is temporary and very short, whereas the hereafter is eternal. If Allah wills, then this thought will help prevent these evil acts.

It is a collective obligation to perform the Janazah Salah of a person who used to commit sinful acts with the hope of his/her forgiveness, as long as it is known that the person died as a believer.

A scholar or specific pious people may refuse to perform the Janazah of a certain open Faasiq in order to teach a lesson to others who are engaged in such sins and Allah knows best.

Zahid Hussain Al-Qadiri
(Beggar at the doorstep of Scholars)
19th Shawwaal Al-Mukarram 1436 AH

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