Answered by Shaykh Yūsuf Badāt
Question:
An uncle is currently in the hospital. Doctors want to give him CBD and THC, would it be allowed for him or for the relatives to agree to take this?
Answer:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathābah Institute.
CBD and THC are components from the marijuana drug. Using marijuana for medical purposes is only permitted under Islamic law if there is no other islamicaly permissible alternative medication to treat the ailment. In general circumstances, it is forbidden to use marijuana for medicine. The Messenger (peace and blessings upon him) said,
“Allāh has not placed your cure in prohibited things” – (Saḥīḥ Ibn Ḥibbān 1391)[1]
However, in the situation, where there is genuinely no ḥalāl alternative, it is permissible to benefit from such medical marijuana up to the extent of the need. Medical experts must have prescribed it, when nothing else is useful for the treatment. A well-known principle in Islamic jurisprudence is “Dire necessities permit the prohibited”[2]. Sanctity and the saving of one’s life overrides the prohibition. This is why eating pork becomes permissible if there is no other food one can find.
Allāh Almighty states,
“He has spelled out to you all that He has made unlawful for you, except that to which you are compelled by extreme necessity. Surely, there are many who misguide people on the basis of their desires without having knowledge. Surely, your Lord is the best Knower of those who cross the limits.” – (Qurʿān 6:119)[3]
Upon research, medical experts state that CBD is a chemical found in marijuana. CBD does not contain tetrahydrocannabinol (THC), the psychoactive ingredient found in marijuana that produces a high. The usual CBD formulation is oil, but CBD is also sold as an extract, a vaporized liquid and an oil-based capsule.
Accordingly, if CBD has no intoxication, then it is islamicaly permissible when medically prescribed by a doctor. However, THC would only be allowed in a life and death situation as descried above, since THC is the element of intoxication.
Only Allāh knows best
[1] إِنَّ اللَّهَ لَمْ يَجْعَلْ شِفَاءَكُمْ فِي حَرَامٍ – رواه ابن حبان في صحيحه ١٣٩١
[2] الضرورات تبيح المحظورات – القواعد الفقهية ص٤٣ دار الترمذي
[3] وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ ۗ وَإِنَّ كَثِيرًا لَّيُضِلُّونَ بِأَهْوَائِهِم بِغَيْرِ عِلْمٍ ۗ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَ – سورة الأنعام ١١٩
