Ruling on consuming hemp seeds that do not contain intoxicating substances

Question: Assalamu Alaikum wa Rahmatullahi wa Barakatuh, I made homemade protein powder and protein balls containing small amounts of hemp seeds, alongside pumpkin seeds, chia seeds, nuts, and dates. Later, I learned that hemp seeds come from the cannabis plant. My friend asked an institute and they advised against consuming them because cannabis is intoxicating. However, hemp seeds themselves are not considered intoxicating, and IslamQA suggests that non-intoxicating parts of the plant should be permissible if they are harmless. I have not experienced any intoxicating effects, but I remain doubtful. Are hemp seeds permissible to consume despite coming from the cannabis plant? Does the prohibition of cannabis extend to its non-intoxicating seeds? Jazakum Allahu Khairan.

Summary:

It is permissible to consume hemp seeds if they are free from intoxicating and narcotic substances and their consumption does not cause any significant harm. This is because the prohibition is connected to the intoxicating or narcotic substance itself, not merely to the fact that the seeds come from the plant from which hashish is extracted. Therefore, hemp seeds used in foods and nutritional supplements are permissible in principle if they are neither intoxicating, narcotic, nor harmful. The prohibition of hashish does not apply to them merely because they come from the same plant. As for merely doubting their permissibility, without any evidence that they contain a prohibited substance, this does not change their original ruling of permissibility.

Answer:

First issue: The basic principle regarding foods is permissibility

From the Qur'an:

[Surah Al-Baqarah: 29]
"He is the One Who created for you all that is on the earth."
[Surah Al-Baqarah: 168]
"O mankind, eat from whatever is on earth that is lawful and good."
[Surah Al-Araf: 157]
"And makes lawful for them the good things and prohibits for them the evil."
The basis of evidence: The basic principle regarding plants, seeds, and foods is that they are permissible unless there is evidence from Islamic law establishing their prohibition, such as their being intoxicating, narcotic, or harmful. Accordingly, it is incorrect to declare hemp seeds prohibited merely because they are taken from a plant from which hashish is extracted from some of its parts.

Second issue: The prohibition of intoxicants and narcotics in the Quran and Sunnah

From the Qur'an:

[Surah Al-Maidah: 90]
"O you who have believed, indeed, intoxicants, gambling, stone altars, and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful."

From the Sunnah:

Narrated by Muslim in his Sahih.Ibn Umar رضي الله عنه narrated that the Messenger of Allah ﷺ said:
"Every intoxicant is Khamr, and every intoxicant is prohibited."
Narrated by Abu Dawud, Al-Tirmidhi, and Ibn Majah. Sheikh Al-Albani graded it Hasan Sahih (good and authentic).Jabir bin Abdullah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
"Whatever intoxicates in large quantities, a small quantity of it is prohibited."
The basis of evidence: Islamic law prohibits anything that causes intoxication, whether it is derived from grapes, dates, grains, or other plants. As for seeds that do not contain any intoxicating or narcotic substance, they do not fall under this prohibition merely because they originate from the same plant as the prohibited substance. Furthermore, prohibited narcotics do not necessarily have to cause intoxication in the same manner as alcohol. Rather, the prohibition also includes substances that are established to impair the mind and cause harm to it.

Third issue: Statements of the scholars

From the Scholars:

Sheikh Al-Islam Ibn Taymiyyah: [Ruling on Hashish]
"The accursed, intoxicating hashish is like other intoxicants."
He also explained that anything which causes a person to lose their mental faculties is prohibited to consume, even if it is not intoxicating in the specific sense of the term. The basis of evidence: The prohibition is connected to substances that cause the loss or impairment of mental faculties. Therefore, the prohibition of an intoxicating substance does not necessarily mean that every part of the plant that does not possess this characteristic is also prohibited.
Sheikh Muhammad Nasir Al-Din Al-Albani
He authenticated the Hadith of Jabir رضي الله عنه: "Whatever intoxicates in large quantities, a small quantity of it is prohibited." This Hadith establishes the principle that consuming even a small quantity of a substance that causes intoxication in large quantities is prohibited, even if that small quantity does not itself cause intoxication. As for hemp seeds that do not contain an intoxicating substance, they do not fall under this Hadith merely because they originate from the cannabis plant.
Fatwa from the Islam Question and Answer website: The website contains a question almost identical to this issue, numbered (166813), titled: "Ruling on consuming hemp protein." The question concerned protein extracted from hemp that does not contain THC.
The answer stated: "There is nothing wrong with consuming it, provided that it does not have any negative effect on the body apart from what is caused by the narcotic substance." The fatwa stipulated that the protein must be extracted from the parts mentioned in it, including the seeds, and that it must actually be free from the active substance.
This fatwa is the closest to the situation mentioned in the question because it addresses the ruling on protein extracted from hemp rather than the ruling on intoxicating hashish itself.

Fourth issue: Does the mere fact that the seeds come from the cannabis plant make them prohibited? The answer is no. The Islamic ruling is connected to the actual nature and characteristics of a substance. The prohibition of one part of a plant does not necessarily mean that all its other parts are also prohibited. Accordingly, a distinction must be made between two things: Intoxicating or narcotic hashish: It is prohibited under Islamic law, whether in small or large quantities, if it belongs to a category of substances that cause intoxication when consumed in large quantities. Edible hemp seeds: They are permissible if they are free from prohibited substances and no harm has been established from consuming them. It should be noted that hemp seeds do not naturally produce significant amounts of THC. However, they may become contaminated with it during harvesting or processing through contact with other parts of the plant. Therefore, when dealing with food products, consideration should be given to their source, ingredients, and reliable testing results. Furthermore, not experiencing intoxication after consuming a small quantity is not sufficient on its own to establish the permissibility of a substance whose composition is unknown. This is based on the statement of the Prophet ﷺ : "Whatever intoxicates in large quantities, a small quantity of it is prohibited."

From the Scholars:

Sheikh Abdul Aziz bin Baz: [Ruling on Narcotics and Alcohol]
"If it causes intoxication, it is prohibited because of its intoxicating effect. If it causes harm, it is prohibited because of its harmful effects, its damage to the body, and its harm to the mind."
He also said:
"Likewise, anything known to be harmful through the testimony of doctors who are knowledgeable about it, or through experience, whatever is known to cause harm is prohibited and reprehensible."
The basis of evidence: The determining factor for prohibition is intoxication or harm that is established or considered significant. If these characteristics are absent from edible seeds, they remain permissible according to the basic principle.
Sheikh Ibn Baz on the basic principle of permissibility regarding foods
The Sheikh was asked: "Is the basic principle regarding foods that they are permissible?" He answered: "Yes, unless there arises a doubt that conclusively establishes otherwise."

Fifth issue: The ruling on the protein powder and protein balls mentioned in the question. Based on the preceding discussion, the homemade protein powder and protein balls prepared by the questioner using hemp seeds, pumpkin seeds, chia seeds, nuts, and dates are permissible to consume, provided that the hemp seeds are intended for food consumption, are free from intoxicating or narcotic substances that have an effect, and have not been established to cause harm. The questioner is not required to dispose of the food merely because he learned that hemp seeds come from the plant from which hashish is extracted. However, if the seeds are of unknown origin, or if they are proven to be contaminated with significant amounts of narcotic substances, their safety should be verified before consuming them. Conclusion: The stronger opinion is that it is permissible to consume edible hemp seeds and protein powder made from them, provided that they are free from intoxicating and narcotic substances that have an effect and have not been established to cause harm. This is because the basic principle regarding foods is permissibility, and the prohibition of hashish does not extend to every part of the cannabis plant merely because they share the same origin. Accordingly, there is no blame upon the questioner for having consumed these seeds if they meet the aforementioned conditions. He is not required to refrain from consuming the food he prepared merely because of doubts regarding its ruling, while taking care to verify the safety of the product and its ingredients.

And Allah knows best.

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Ruling on consuming hemp seeds that do not contain intoxicating substances

Summary:

From the Qur'an:

From the Qur'an:

From the Sunnah:

From the Scholars:

From the Scholars:

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