THE LEGALITY OF USING KETUM LEAVES ACCORDING TO SHARIAH PERSPECTIVE

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ISSN Print: 0976-6308 and ISSN Online: 0976-6316

© IAEME Publication Scopus Indexed

THE LEGALITY OF USING KETUM LEAVES ACCORDING TO SHARIAH PERSPECTIVE

Mohd Izhar Ariff Mohd Kashim

Centre for Contemporary Fiqh and Shariah Compliance, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia.

Diani Mardiana Mat Zin

Faculty of Education, Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia.

PERMATA Insan College, Universiti Sains Islam Malaysia, Bandar Baru Nilai, 71800 Nilai, Negeri Sembilan, Malaysia.

Mohd Nasran Mohamad

Mohammad Zaini Yahaya

Nurul Ilyana Muhd Adnan

Ezad Azraai Jamsari*

Centre for the Middle East and Nusantara, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia.

*corresponding author

ABSTRACT

Addiction of ketum juice among some Muslims in Malaysia has become a hot topic for discussion in mass media. The reason is that ketum juice has been abused for the wrong purpose such as for getting high or stoned and intoxicated. Nevertheless, it cannot be denied that ketum juice has its own benefits for treating weak bodies as practised by people in the olden days. In addition, past society also used ketum leaves as a basic ingredient in traditional medicine. For that reason, scholars presently differ

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in their views to determine the legal status of ketum juice. Thus, in order to determine the legality of ketum juice, whether halal, haram, mubah or makruh, a study was conducted to study the good and bad of ketum juice from the scientific perspective. The research methodology used are document and content analysis. Research results find that ketum juice has benefits for humans. The benefits in using ketum leaves outweigh the disadvantages. Ketum leaves can be the alternative treatment for certain diseases followed up by doctors’ prescribed medication. The bad of ketum leaves are caused by a group of people who mix ketum juice with prohibited substances so as to cause getting high or stoned and intoxication. In that regard, scholars are of the opinion that it is permitted (mubah) to take ketum juice if it is not mixed with prohibited substances and is for treatment and not other purposes. If ketum juice is mixed with unclean sources,then its status changes from permitted (mubah) to forbidden (haram).

Keywords: Juice of ketum leaves; stoned or high; intoxicated; unclean sources

Cite this Article: Mohd Izhar Ariff Mohd Kashim, Diani Mardiana Mat Zin, Mohd Nasran Mohamad, Mohammad Zaini Yahaya, Nurul Ilyana Muhd Adnan and Ezad Azraai Jamsari, The Legality of Using Ketum Leaves According to Shariah Perspective, International Journal of Civil Engineering and Technology, 10(02), 2019, pp. 2270–

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http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=10&IType=02

1. INTRODUCTION

Research on ketum is discussed by scientists to ensure humans may properly benefit from it.

Ketum juice was basically used by society in the old days as an ingredient to add value to herbal roots for good purposes such as to enhance energy and in traditional treatment. However, the situation has changed of late when it was abused by a certain irresponsible group of people (Mohd Hanipah 2004).

The situation appears to be increasingly alarming after an early study by Mohd Yuszairi (2013) regarding ketum leaves addiction among the Felda youth of Balik Papan at Gua Musang, Kelantan. More worrying is a study which found that youth was already exposed to it and their behaviour was ruined by it. In addition, various perceptions among ketum users began to be disseminated, that is, “It can help users to enhance work performance, increase sexual endurance, relieve fatigue and treat some diseases such as dabetes, cough, diarrhoea and high blood pressure”. Unfortunately, all the claims have not been medically proven (Mohd Yuszairi 2013).

Legally, Mitragynine Specios or ketum is classified as a psychotropic substance and poison in the Third Schedule of Poisons Act 1952 The legal provision which controls any form of import, export, sale, production, pssession and use of psychotropic substances is Section 30(3) of Poisons Act 1952. This statute provides for punishment by a fine not exceeding RM 10,000.00 or imprisonment of not more than 4 years or both at once (Kamarul Arif et al. 2013).

In contrast, a study done by Vicknasingam et al. (2009) proved that ketum leaves are a positive alternative traditional treatment which if properly used can heal drug addicts. The reason is that ketum leaves can remove or reduce addiction to drugs which bring bigger harm.

However, the discovery is not comprehensive as the traditional use of ketum only helps to strengthen the nervous system but not as the best remedy. Ketum leaves was never mentioned as plant medicne, and its excessive use can cause harm similar to that of drug abuse (Kamarul Arif et al. 2013).

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In that regard, a detailed in-depth study to determine the legal status of ketum product in this modern time needs to be conducted so that it will not be misrepresented by irresponsible parties. The Kedah Fatwa Committee Meeting (Anon 2005) decided that drinking ketum juice until intoxicated is haram (forbidden). However, other states have yet to issue any fatwa (legal edict) on ketum juice. The purpose is to give room for a detailed in-depth study to be conducted by all parties.

If observed from the above discussion, it can be concluded that the polemic on the issue of ketum juice is the intoxication which causes harm to the one who consumes it. Thus, a study on the concept of intoxication in Islam needs to be elaborated so that it can be used with the method of determining its legal status. Therefore, before discussing the concept of intoxication, harm and detrmining the legality of using ketum juice needs to be discussed. A scientific explanation of ketum leaves needs to be identified prior to discussion. This is important so that fatwa on ketum juice will not be erroneous and will avoid being included as within the category of forbidding what is allowed in Islam.

2. KETUM LEAVES FROM THE SCIENTIFIC PERSPECTIVE

Ketum leaves or biak-biak is known as kratom in America. In Thailand, it is known as kakuam, ithang, or thom. The botanic name for the ketum plant is Mitragyna Speciosa Korth, a plant species which originally grows and is found in Thailand, Malaysia, Indonesia and Papua New Guinea (Freddy 2013). Both the leaves and stems of this Mitragyna specie is medically used.

For example, in West Africa, the Mitragyna Inermis and Mitragyna Stipulveosa species are very effective in traditional treatment as remedy for diseases (Freddy 2013).

2.1. Scientific Information on Content of Ketum Leaves

Ketum leaves contain alkaloid content. Alkaloid is an organic compound found in the natural alkaline state and this alkaline property is caused by its ring-structured heterocyclic or aromatic nitrogen atom in the molecule of the compound. Given in small dose, it has a pharmacological effect or is a potent medicine for humans and animals (Med Chem 2002). Almost all alkaloids found in nature possess certain biological activeness, some poisonous and others useful in medicine. For example, quinine, morphine and strychnine are well-known alkaloids which have sifiological and physiological effects . Alkaloids can be found in various parts of plants such as seeds, leaves, stems and barks. Generally alkaloids exist in small uneven amounts and need to be separated from complex compounds which originate from plant tissue (Ong 2004).

Mitragynine is the alkaloid most found in the ketum plant, and it is assumed that this chemical substance is the main chemical responsible for the effects on humans of taking ketum leaves on humans (Ong 2004).

2.2. Benefits of Taking Ketum Leaves from Scientific View

Taking ketum in the right dosage is important to obtain the stimulus effects which should be obtained from it. However, some of today’s modern consumers assume that taking ketum in many or frequent doses is better and has optimal effect. One of the very unique characteristics of herbal medicine is that the effect varies with the value of the taken dosage. In most cases, ketum will give the most energy if taken in lower dosage. When taken in too high dosage and exceeding the general guideline, the effect will be the opposite and very dangerous for health (Ward et at. 2011).

Not many know that the original use of ketum is as stimulus to improve the mental intelligence which can give optimum energy. The leaves of the ketum plant are usually used by agricultural workers in Thailand to help them work long hours.The reason is that ketum is

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said to prevent fatigue and give mental alertness and freshness similar to the effect of caffeine when involved in boring physical work. In addition, current consumers found drinking ketum tea whether in the form of leaves, extract powder or capsules make them become more sensitive and focused on a task for a long time. One of the benefits of ketum is it increases motivation and emotional power so that a person is inspired to work with full interest for hours at any one time (Boyer et al. 2007).

In addition, the benefit of ketum explored by consumers is that it relieves pain in a safe manner without side-effects. Most prescribed medications can interfere with cognitive functions and cause the patient to feel weak or lethargic, requiring rest or sleep after taking them (Boyer et al. 2007).

Ketum can stimulate receptors to reduce body pain without declining brain activity. Studies showed that ketum is very effective as a painkiller or analgesic, and acts in a similar way as opiates (medicines which act like morphine that is derived from opium) and endorphins in the human body. There are hundreds of individual comments that ketum helps them to overcome muscle pain, back pain, post-surgery pains or pains after accident. It may also treat headaches and alleviate severe pains from chronic diseases or terminal diseases (Suwanlert 1975). The positive effects of ketum include body weight loss, increased sports endurance and performance, assist in high blood pressure, relief from diarrhoea and as complementary treatment for diabetes (Suwanlert 1975).

2.3. Adverse Effects of Ketum from Scientific Viewpoint

Pharmacology is the medical field relating to the use, effects and action of drugs. Generally, the effect of ketum on humans depends on the dosage taken. A small dose produces cocaine such as stimulation, while a bigger dose causes morphine such as effect of narcotic compounds (Adkins et al. 2011).

After taking some grams of dried ketum leaves, the user will feel fresh and euphoric in ten minutes. This lasts between one to one and half hours. Ketum users feel increased work ability, enhanced mental power, sociability and sexual libido. In one of the clinical experiments on humans, an oral dosage of 50 mg of mitragynine can produce a pleasurable mood, followed by dizziness, loss of control and tremors in feet and face. Habitual ketum users experience significant side-effects of weight loss, fatigue, constipation and cheek hyperpigmentation. The pharmacological mechanism responsible for this stimulation actvity is still unclear (Suwanlert 1975).

Ketum taken in high dosage, that is, sedative dose equivalent to 10-25 gram of dried leaves, at first, may cause sweating, dizziness, nausea and (being unhappy or dissatisfied with life).

But this state does not last and will be replaced with calmness, happiness and so on which can last for up to six hours. Use of ketum may produce negative attitudes towards the human way of life. Usually the body will lose weight in a week or two. Appetite, weakness and lethargy, anxiety, restlessness, myalgia (muscle pain), nausea, sweating, jerky movements of the body parts, sleep disorder and getting high or stoned may happen to a ketum addict (Tanguay 2011).

There is little study done on the effects of mitragynine on human behaviour. However, other negative effects which bring harm have been identified. Unfortunately, the consequence of ketum addiction is not fully understood by the majority of society (Hassan et al. 2013).

Therefore, a serious explanation to society on the real harm of addiction needs to be done by the authorities or government, In addiction, an explanation of its legal status need to be given attention so that habitual users understand from all angles, especially the chapter on halal (permissibility) and haram (prohibition).

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3. CONCEPT OF INTOXICATION IN ISLAM

Intoxication is the cause or, known in fiqh, as ‘illah of prohibition of alcohol. Drugs and ketum juice wrongfully taken and causing intoxication is legally in status analogous to the prohibition of alcohol. In that regard, the concept of intoxication needs to be refined in detail so that it can be the basis of contemporary and current determination on the legal status of taking ketum leaves (Kashim et al. 2018).

3.1. Definition of Intoxication

In Arabic language, food and beverage which intoxicate are termed as muskirin which connotes the substance that causes senselessness or mindlessness. In terminology, intoxication means impaired thinking which prevents the mental function whereby a person loses self-control, cannot use his mind wisely and does things which are not humanly normal. Al-Bugha (2007) defines intoxication as caused by eating or drinking something which finally causes the person to be intoxicated, without considering the degree of intoxication.

3.2. Every Substance which Causes Intoxication is Haram

Every food or beverage which can cause intoxication such as alcohol, drug and so on, is haram, regardless of whether the quantity is small or big. This is based on the Prophet’s (PBUH) hadith which means as follows: “Every intoxicant is alcohol and every alcohol is haram” (Ibn Majah n.d., Sunan Ibn Majah, Kitab al-Ashribah, Bab kullu muskurin haram, no: 3381).

Ibn Hajar’s (1959) opinion is that beverage made of substances which intoxicate is haram whether in small or big quantity. This is based on the Prophet’(pbuh) hadith which means as follows: “A thing which intoxicates in big quantity, if taken in small quantity will still be haram” (al-Tirmidhi, Sunan al-Tirmidhi, Kitab al-Ashribah, Bab ma ja’a askar kathiruh faqaliluh haram, no. 1788).

Therefore, every substance which naturally affects the mind or impairs the intellect, whether taken in small or big amount is forbidden.

4. CONCEPT OF HARM IN ISLAM

Islam places importance on providing benefits to Muslims. Humans may do or take all benefits found permissible in Shariah on this Earth. However, any harm or bad needs to be avoided so that maqasid shariah (objectives of Shariah) are preserved.

4.1. Definition of Harm

Ibn ‘Abd al-Salam (2000) defined harm as something adverse and not good. Terminology- wise, it means acts which bring damage or detriment that certainly nullifies or reverses the principle of the five maqasid shariah (objectives of shariah) namely, preserving religion, life, intellect, lineage and wealth (al-Ghazali 1993). The word harm means the way to damage life functions and human nature. Ibn ‘Ashur (1998) defined harm as mafsadah (evil or bad) that results in damage or detriment to humans, whether temporary or permanent.

4.2. Obligation to Avoid Harm

There are many fiqh methods to explain the obligation to avoid all harm. These fiqh methods are as follows:

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a. al-Dhararu Yuzal, meaning: “It is obligatory to avoid a harm” (al-Zarqa 1998). A person may not do harm unless in darura (necessity) or forced to do so. Based on this method, it is obligatory to avoid all forms of harm that affect the self or others by using various ways encouraged by Shariah (Husni et al. 2015).

Islam seeks to establish welfare in the world and protect society through preserving the five maqasid shariah (objectives of Shariah), namely religion, life, intellect, lineage and wealth.

The designation of a law must be based on preservation of maslahah (public benefit) of the five matters mentioned. Islam specifies that it is obligatory to preserve intellect and life from harm to the human body that would adversely affect human health (Abu Zahrah 1958). Thus, all harmful and dangerous things such as ketum juice are haram if taken in excessive amounts or taken in the wrong way. Another fiqh method asserts that: al-Asl fi al-madhar al-tahrim, meaning: “The origin of everything that is harmful is haram” (al-Nabhani 1953).

This method shows that a dangerous and harmful thing is haram. The basis for the rule is the Prophet’s (PBUH) hadith which means: “Do not harm yourself and others” (Ibn Majah n.d., Sunan, Kitab al-Ahkam, no. 2341).

b. Dar’ al-Mafasid Muqaddamun ‘ala Jalb al-Masalih, meaning: “Repelling harm is more important compared to seeking benefit for maslahah” (Ibn Nujaym 1968; al-Zarqa1998; al- Suyuti 1998). If there is an encounter between goodness and damage, then efforts to prevent damage takes priority over efforts to seek doing good. The approach of preventing harm compared to implementing benefit shows that Islam adopts a prudent approach. This is because mafsadah (evil or harm) may become widespread if it is not prevented or overcome (al-Zarqa 1998).

As such, it needs reminding that determining the legal status of ketum juice cannot be done without examining. It needs to be refined from every angle. The positive and negative effects need to be first identified. This is because every new thing in Islam requires proof whether in the form of textual evidence or justification through research so that it can be confidently validated without any doubt (al-Suyuti 1998). Confidently means without any doubts and suspicion. Explanation must be based on facts and correct information to strengthen the evidence or remove doubts to a claim (al-Zarqa 1998:25).

c. Idha Ta‘arrada Mafsadatani Ru’iya A’dhamuhuma Dhararan bi Irtikab Akhaffihima, meaning: “If there is an encounter between two harms, repelling the bigger harm takes priority over the smaller harm” (Ibn Nujaym 1968). Likewise, in a situation of contradiction between two maslahah, implementation of the bigger maslahah takes priority over the smaller maslahah (‘Uqlah 1984).

5. DETERMINING THE LEGALITY OF KETUM IN ISLAM

Determing the legal status of using ketum needs to be analysed one by one. It cannot be totally prohibited but needs more detailed comprehensive rules. Therefore, from the result of the above discussion, the rules of using ketum may be explained as follows:

5.1. Mubah (Permitted)

Ketum leaves should legally be used only for medical purposes, treatment, prevention and according to dosage allowed by medical experts. This is based on the original principle that everything is mubah so long as there is no evidence for prohibiting it. It needs reminding that every plant on this earth is halal to be consumed as long as it is not confirmed to be harmful to human health (Mohd Kashim, M.I.A., et al 2018). For this reason, using ketum has been practised by societies in the olden days in traditional medicine for treating some types of diseases and proven to be effectual. In addition, it is proven to be successful in helping the

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obese to lose weight. It is also proven to increase endurance while working and also helps in problems of high blood pressure, diarrhoea and as supplementary or complementary treatment for diabetes (Ward et al. 2011).

The argument for this law is based on Allah’s commandment in surah al-Baqarah, verse 22, which means as follows: “Who hath appointed the earth a resting-place for you, and the sky a canopy; and causeth water to pour down from the sky, thereby producing fruits as food for you. And do not set up rivals to Allah when ye know (better)”.

On this basis, the Kedah State Fatwa Committee Meeting Negeri Kedah (Anon 2005) asserted that using ketum was originally mubah (permitted) in law if used for purposes of herbal and traditional medicine. However, when there was evidence which showed that it was abused by a minority in society causing intoxication and harm, the law changed to haram.

5.2. Haram (Forbidden)

Using ketum became haram in law after it was abused by an irresponsible minority. It needs reminding that illegalizing use of ketum is not due to the ‘ayn (specific) to ketum itself but its prohibition is caused by abuse of the substance involved (Kashim et al. 2017). Using ketum leaves in excess of dosage can cause side-effects to the user leading to harmful addiction (Hassan et al. 2013).

In addition, mixture of prohibited substances such cough medication, mosquito repellent, mothballs and something poisonous can cause the habitual user to be stoned as in taking drugs (Sinar Harian 2014). Thus, something dangerous such as exessive dosage of ketum is haram because it is harmful. Moreover, the substance becomes adulterated after being mixed with something which can intoxicate (Kashim et al. 2015). This matter rests on the authority of Allah’s command in surah al-Ma’idah, verse 90, which means as follows: “O ye who believe!

Strong drink and games of chance and idols and divining arrows are only an infamy of Satan’s handiwork. Leave it aside in order that ye may succeed”.

The prohibition also applies to ketum mixed with substances dangerous to health. It is a bad and disgusting act. Among the evidence which proves that something prohibited by Allah is bad and disgusting is in surah al-A‘raf, verse 33, which means: “Say: My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know”. It needs to be reminded that in a mixture of two things, halal and haram, the haram will be dominant. This is based on a fiqh method which means: “When halal and haram are mixed, then the haram is more dominant” (Ibn Nujaym 1968).

Based on the above authorities and method, it is clear that the prohibition of ketum is to safeguard the maqasid shariah (objectives of Shariah) to avert a more alarming situation. The concept of sadd al-dhara’i‘ in this matter takes priority because ketum can be a harmful substance if society is not controlled. This is to close any gap for destructiveness if it is permitted without any form of control by the authorities (al-Bugha 2007).

On this ground, whoever abuses ketum as a substitute for drugs can be subjected to punishment if convicted for the offence under Akta Racun (the Poisons Act) 1952. Legally, it is analogous to the prohibition of alcohol which is indeed intoxicating and harmful to health.

Nevertheless, it is indeniable that Shariah law also makes exceptions in certain situations such as darura (necessity), medical treatment and surgery with some conditions attached such as the individual needs to be watched by a reliable Muslim physician (al-Hak 2005).

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5.3. Makruh (Disliked or Offensive)

Ketum can become makruh (disliked or offensive) if it is taken not for any benefit even if without harm, but taken as distracting entertainment. Originally, taking ketum was for the purpose of treating diseases and health problems (Kashim et al. 2018; Husni et al. 2012). Thus, the absence of any need in an act is makruh. It is not impossible for a makruh thing to become haram if proven that it causes harm (al-Qaradawi 1989).

5.4. Wajib (Obligatory)

Using ketum becomes wajib (obligatory) when it is the only available remedy for treatment and if not using it at that time can cause harm to patient’s health and life. Hence, before use of such substances, there should be consultation with qualified and recognized medical experts so that its use is not wasteful or disadvantageous. This law may be associated with using medical drugs when there is a pressing need or darura (dire necessity). As is known, using drugs is originally haram but there are exceptions for medical purposes (al-Qaradawi 1989).

In that respect, everything done by man is tied to intention and purpose. A fiqh method which asserts this means as follows: “Every thing is according to its purpose” (Ibn Nujaym 1968). Intention measures an action done and becomes the reference for law. Therefore, a good intention may change to become obedience and ‘ibadah (devout worship) to Allah SWT and may even become an obligation under appropriate conditions (al-Qaradawi 1989: 35).

6. CONCLUSION

Muslims are prohibited from taking anything intoxicating and harmful. The purpose for this prohibition is to safeguard the intellect and life in protecting the individual and the entire society from harm. This harm involves the addict’s intellect and body, wastage of wealth and damage to family relationships leading to inconvenience to the surrounding society. Ketum juice is something that gives benefits to a part of the human race. The benefits of using ketum juice is bigger than its harm. Ketum juice provides an alternative treatment of diseases to doctor’s prescibed medications. The harm is caused by the acts of a group of people who stray from the true objective, leading to intoxication and harm to all parties. Therefore, whether the use of ketum juice is halal or haram must depend on the method of using it or how it is used.

If properly used without causing harm, then it should be halal in law. On the contrary, if it is used in the wrong way, then the law for drinking or eating ketum should be haram.

ACKNOWLEDGMENT

This study is financed by the Cabaran Arus Perdana Research Grant (AP-2017-002/1) and Dana Cabaran Perdana (DCP-2017-010/2) from Universiti Kebangsaan Malaysia, and the Jabatan Kemajuan Islam Malaysia (JAKIM, PP-2018-011).

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