Fatwa's Insights - Muamalah

THE 48TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2020

14 - 15 SEPTEMBER 2020 / 26 - 27 MUHARRAM 1442H

THE RULING ON MUSLIM INVOLVEMENT IN DELIVERING NON-HALAL GOODS TO NON-MUSLIMS

1. Work involving the delivery of goods, such as food delivery or transporting passengers like taxi driving, is permissible so long as it is not specifically designated for unlawful activities, such as drug trafficking or driving for criminal purposes.

A person who works as a goods courier or vehicle driver whose nature of work is general and not intended for evil purposes, then his income is halal.

2. It is not an obligation upon the goods courier worker to know in detail the contents of the goods he delivers whether they are halal or haram according to Islamic law. It suffices for him to know that what he delivers does not violate the laws of the authorities for the sake of his own safety. This is because Islamic law does not command a person to spy on the goods of others, and it is not the duty of the worker concerned to conduct an examination from the perspective of Islamic law regarding the goods he carries.

3. However, if it is manifestly clear that his assignment is specifically to carry goods that are prohibited such as liquor, pork and the like to non-Muslims, then that is forbidden according to Islamic law in the view of the majority of scholars. As for the Hanafi School , it is permissible if the materials that are prohibited according to Islamic law are for non-Muslims and the Muslim worker does not directly produce these materials, but merely delivers them. The opinion of the majority of scholars is more appropriate to uphold unless a person is in extremely difficult circumstances in obtaining employment to support his livelihood, then he may practice the opinion of the Hanafi School. At the same time, he should strive to obtain other employment.

4. As for secondary incidental goods (tabi') that are prohibited, whereas that is not the original assignment, then such matter is excused. This is like a taxi driver carrying a non-Muslim passenger who brings liquor with him. Then, this is excused because his original assignment is to transport passengers, not to transport liquor. The liquor is merely a secondary incident to the original only. This is based on the legal maxim:

يغتفر في التوابع ما لا يغتفر في غيرها

Meaning: "Forgiven in secondary incidental matters what is not forgiven in others".

5. Similarly, if he is assigned to transport a truck of various goods such as house-moving items that contain incidentally within them goods that are prohibited according to Islamic law such as prohibited food, then such matter is excused, because his original wage is for transporting household goods that are apparently permissible, whereas the prohibited goods are merely secondary incidents.

6. Likewise, if he is assigned to deliver food. If the food is originally permissible such as rice, noodles or the like, then it is permissible for him to deliver it. If there are secondary ingredients or contents that are prohibited, then its ruling is like the ruling of secondary incidental goods (tabi') mentioned earlier, it is excused. As long as the prohibited materials do not become the main name or are not clearly manifested, then its ruling returns to the original status of those materials, which is permissible. This is like delivering a cake that contains non-halal ingredients within it but is not stated, then this is permissible.

7. However, if it becomes evident to a Muslim courier that another Muslim brother is involved with prohibited goods such as liquor or pork, then it becomes his responsibility as a Muslim to advise regarding such matter.

Approval of the Members of the Perlis State Fatwa Committee:

1. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

12. Ustaz Muhammad Khidhir Bin Abdul Ghani

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 4/2020 on 9 November 2020.