The Transaction of Tobacco Products in Jurisprudence

Subject Areas : All jurisprudential issues

Reza Sheikholislami ¹ (دانش‌آموخته‌ی کارشناسی ارشد دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران، رشته‌ی فقه و حقوق ، تهران، ایران)

Received: 2011-11-13 Accepted : 2011-11-13 Published : 2011-09-23

Keywords: Tobacco Products, Selling, Lawful, Benefit, Impurity, Objects,

Abstract :

The jurists have been deliberating on its selling and smoking, and of course there has not been any agreement among them in this regard. This research considers the relevant jurisprudence evidences and principles comprehensively. The main point is that buying and selling the filthy (najes) and useless goods, and those which play any role in “sin commitment” are prohibited in Islam, so some jurists claim that the transaction of tobacco products is forbidden, while the others believe it is lawful because the pictures on cigarettes’ pockets warn smokers. It concludes that the important factor which played and plays fundamental role in Islamic commandments about smoking is “customary low” (Orf) and so the jurists must consider all the aspects of the problem.