Is it permissible to imprison small-time suspects in order to reach the heads who have factories where they manufacture intoxicants?
Machine translationRead the Arabic original
The questioner : He said, the Shaykh said, if this man does not oppose the work, then I think there is nothing wrong with that. This is the Shaykh's word, and I found it.
The Shaykh : And by Allah
The questioner : I see nothing wrong with that in repelling the greater harm, meaning, if you are revolving around this meaning.
The Shaykh : It is not said that the correct view is this, but rather, comprehending the issue for the listener who is not the witness, as it is said, "And he who saw is not like he who heard". As for the principle, "Repelling the greater evil by the lesser evil", this is correct.
The questioner : The person who mentioned the question to you, meaning... more precisely, because I am the one involved in the case, I conveyed it to you precisely because we are suffering from this problem.
The Shaykh : Yes, indeed.
The questioner : We are suffering from this matter because we cannot imprison, for example, these people, but... it is like the sea.
The Shaykh : Practically, you have reached the head.
The questioner : Yes, in the sense that this person cooperates with us in exchange for that, whereas if he does not cooperate, he is imprisoned.
The Shaykh : Yes, so my question is, have you reached the head in this way?
The questioner : Yes, yes.
The Shaykh : Is it mostly, or rarely?
The questioner : The Shaykh, you can say the matter is in the middle.
The Shaykh : And that is the problem.
The questioner : Meaning, he usually leads you to the person above him, meaning this is a certainty, this is beyond doubt.
The Shaykh : Meaning, for example, he is the last one, and the one above him...
The questioner : Yes, the one above him, and this person above him, about eighty percent of the time, is the big head. The probability is very close, meaning they are very careful of each other in such matters, so there is also another person between them before that, but with certainty, the person immediately after him is caught. This is certain. As for the owner of the factory, the matter is equal, meaning fifty percent, sixty percent, sometimes it returns to the percentage of him being caught, and sometimes it does not.
The Shaykh : Well, how is this factory hidden?
The questioner : They manufacture intoxicants in it.
The Shaykh : How is it hidden from the authorities?
The questioner : Because they work in secrecy.
The Shaykh : Start from the right over there.
The questioner : My house.
The Shaykh : how
The questioner : It is not many machines and things, meaning it is limited.
Another questioner: Meaning, for example, this apartment can be converted into a factory, meaning now they take pressure cookers, meaning pressure cookers... ten centimeters, for example, large barrels are necessary, for example.
The Shaykh : Yes.
The questioner : Now, large barrels are not needed. These plastic barrels have come, they take up three-quarters of the capacity. The large plastic barrel is slightly wider and the same length, not far off. This makes it possible to put six, eight, or ten in a room. Then these small pressure cookers, which are used to convert the wine into the intoxicating substance of araq, are estimated at six or eight pressure cookers. Meaning, an apartment like this can be converted into a wine factory. But usually, where are the factories located? In the camps, among the Burmese, Filipinos, and Thai people, in the places behind the mountains, at the mountain-crushing stations, the digging places, far from the residents, or in villas that are not suspected.
The student: Peace be upon you and Allah's mercy.
The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.
The student: How are you?
The Shaykh : Welcome, welcome.
The questioner : And the question that... I was not the one who asked the question, rather I tasked one person. I was abroad, I tasked a person to ask you, and I heard your answer. Your answer says that if it means... it is actually a long speech, exceeding twenty-five minutes, but in the end, I see nothing wrong if it leads to... this is the last...
The Shaykh : And this last one, if he points to the one above him.
The questioner : Yes
The Shaykh : You release him.
The questioner : Yes, I also add to you a matter: it is not permissible, meaning our system does not allow it, it is not permissible.
The Shaykh : What is not permissible?
The questioner : Meaning, the system says it is not permissible for you to go out if the official knows about you, your manager or the police chief does not approve, but you know that imprisoning this is not permissible, because if it is distributed to this person or this person, because he was able to... instead of this, five instead of him, we act individually.
The Shaykh : Meaning, an administrative action.
The questioner : Individual.
The Shaykh : Individual.
The questioner : Yes
The Shaykh : What appears to me after this is that if this case usually succeeds, then it is permissible, and Allah knows best.
The questioner : In the way of repelling the greater harm.
The Shaykh : Yes
The questioner : If it is mostly, as I told you, Shaykh, it is equal, it might increase.
The Shaykh : In any case, the witness sees what the absent one does not see, and the fatwa is according to the text, as the jurists say. So within the limits of what we heard from you, the apparent, and Allah knows best, is what we mentioned: if it is mostly that this method leads the investigators to the heads, then there is no obstacle to that. The principle is clear: "If a Muslim is between two harms, he chooses the lesser of them"
Present what you have.
The Shaykh : And by Allah
The questioner : I see nothing wrong with that in repelling the greater harm, meaning, if you are revolving around this meaning.
The Shaykh : It is not said that the correct view is this, but rather, comprehending the issue for the listener who is not the witness, as it is said, "And he who saw is not like he who heard". As for the principle, "Repelling the greater evil by the lesser evil", this is correct.
The questioner : The person who mentioned the question to you, meaning... more precisely, because I am the one involved in the case, I conveyed it to you precisely because we are suffering from this problem.
The Shaykh : Yes, indeed.
The questioner : We are suffering from this matter because we cannot imprison, for example, these people, but... it is like the sea.
The Shaykh : Practically, you have reached the head.
The questioner : Yes, in the sense that this person cooperates with us in exchange for that, whereas if he does not cooperate, he is imprisoned.
The Shaykh : Yes, so my question is, have you reached the head in this way?
The questioner : Yes, yes.
The Shaykh : Is it mostly, or rarely?
The questioner : The Shaykh, you can say the matter is in the middle.
The Shaykh : And that is the problem.
The questioner : Meaning, he usually leads you to the person above him, meaning this is a certainty, this is beyond doubt.
The Shaykh : Meaning, for example, he is the last one, and the one above him...
The questioner : Yes, the one above him, and this person above him, about eighty percent of the time, is the big head. The probability is very close, meaning they are very careful of each other in such matters, so there is also another person between them before that, but with certainty, the person immediately after him is caught. This is certain. As for the owner of the factory, the matter is equal, meaning fifty percent, sixty percent, sometimes it returns to the percentage of him being caught, and sometimes it does not.
The Shaykh : Well, how is this factory hidden?
The questioner : They manufacture intoxicants in it.
The Shaykh : How is it hidden from the authorities?
The questioner : Because they work in secrecy.
The Shaykh : Start from the right over there.
The questioner : My house.
The Shaykh : how
The questioner : It is not many machines and things, meaning it is limited.
Another questioner: Meaning, for example, this apartment can be converted into a factory, meaning now they take pressure cookers, meaning pressure cookers... ten centimeters, for example, large barrels are necessary, for example.
The Shaykh : Yes.
The questioner : Now, large barrels are not needed. These plastic barrels have come, they take up three-quarters of the capacity. The large plastic barrel is slightly wider and the same length, not far off. This makes it possible to put six, eight, or ten in a room. Then these small pressure cookers, which are used to convert the wine into the intoxicating substance of araq, are estimated at six or eight pressure cookers. Meaning, an apartment like this can be converted into a wine factory. But usually, where are the factories located? In the camps, among the Burmese, Filipinos, and Thai people, in the places behind the mountains, at the mountain-crushing stations, the digging places, far from the residents, or in villas that are not suspected.
The student: Peace be upon you and Allah's mercy.
The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.
The student: How are you?
The Shaykh : Welcome, welcome.
The questioner : And the question that... I was not the one who asked the question, rather I tasked one person. I was abroad, I tasked a person to ask you, and I heard your answer. Your answer says that if it means... it is actually a long speech, exceeding twenty-five minutes, but in the end, I see nothing wrong if it leads to... this is the last...
The Shaykh : And this last one, if he points to the one above him.
The questioner : Yes
The Shaykh : You release him.
The questioner : Yes, I also add to you a matter: it is not permissible, meaning our system does not allow it, it is not permissible.
The Shaykh : What is not permissible?
The questioner : Meaning, the system says it is not permissible for you to go out if the official knows about you, your manager or the police chief does not approve, but you know that imprisoning this is not permissible, because if it is distributed to this person or this person, because he was able to... instead of this, five instead of him, we act individually.
The Shaykh : Meaning, an administrative action.
The questioner : Individual.
The Shaykh : Individual.
The questioner : Yes
The Shaykh : What appears to me after this is that if this case usually succeeds, then it is permissible, and Allah knows best.
The questioner : In the way of repelling the greater harm.
The Shaykh : Yes
The questioner : If it is mostly, as I told you, Shaykh, it is equal, it might increase.
The Shaykh : In any case, the witness sees what the absent one does not see, and the fatwa is according to the text, as the jurists say. So within the limits of what we heard from you, the apparent, and Allah knows best, is what we mentioned: if it is mostly that this method leads the investigators to the heads, then there is no obstacle to that. The principle is clear: "If a Muslim is between two harms, he chooses the lesser of them"
Present what you have.