Fatwa ID: 06819

 

Answered by: Maulana Burhaan Rahman

 

Question:

 

Someone’s uncle is currently in the hospital and the doctors want to give him CBD and THC, would it be allowed for him or for the relatives to agree to take this?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

We know that CBD and THC fall into the category of intoxicants as in itself it makes you lose consciousness. This is a Haram substance to take. People use it to kick back and also to make them “forget what’s going on for a bit”. [Harvard Health].

 

Our beloved prophet SAW has mentioned:

 

وَالْخَمْرُ مَا خَامَرَ الْعَقْلَ

“Khamr” is that which befogs the mind. [Muslim Hadeeth no: 3032]

 

كُلُّ مُسْكِرٍ خَمْرٌ وَكُلُّ مُسْكِرٍ حَرَامٌ

“Every intoxicant is Khamr and every intoxicant is forbidden” [Muslim Hadeeth no: 2003]

 

But when there is a genuine medical need and necessity to use a substance (even if it’s a recreational substance like CBD and THC) it is permissible.

 

According to “Health Line UK”:

 

CBD is used to help with various conditions, such as:

• seizures
• inflammation
• pain
• psychosis or mental disorders
• inflammatory bowel disease
• nausea
• migraine

THC is used to help with the following:

• pain
• muscle spasticity
• glaucoma
• insomnia
• low appetite
• nausea

 

The legal maxim of Islamic law mentions:

 

الضرورات تبيح المحظورات

Necessity renders prohibited things permissible.

 

So as CBD/THC is needed for the patient, it is permissible.

 

Note that “anxiety” and “depression” do not come into the picture when permitting CBD and THC as one would want to use it to take the mind off something or a past event etc.

 

 

Only Allah knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham