MUHAMMAD ASHIQUL HOQUE - ST10025010 FQH201 ASSIGNMENT - FALL 2016

Islamic Online University

Bachelor of Arts in Islamic Studies

FIQH 201

Full Name: MUHAMMAD ASHIQUL HOQUE

Question: A restaurant in your area has a buffet (food buffet)

every Sunday.
Each person is supposed to pay $10. Do you think such is valid or

Answer:
Introduction

All praises be to Almighty Allah and surely Muhammad

is His last Messenger. I seek protection in Allah from satan the
accursed.

Islam is according to Quran and Sunnah and is provided with guidance for all
ages, places and people. It is not our desires that should shape Islam rather
it is Islam that should shape, control our desires.

The issue of Buffet (all-you-can-eat) Meals is a contemporary question, but

the principles which design the Islamic fiqh system have been laid by the
Quran and Sunnah, well-understood since the first generations of muslims.
So, if the scholars decide it to be Halal/Mubah, we may enjoy it and if they
decide it as Haram/Makruh, the muslims should accept it calmly and not
create a mess like what happened in recent years when a recognized scholar
talked about it and there were positive and negative reactions among
muslims in social medias.1 We must know that when scholars talk on issues
based on principles2, they have the right to have their own views. Muslims
should take and practice based on whom and what they believe to be
technically more correct and not based on their desires.

Understanding Buffet

We should know how it works. A buffet is a system of serving meals in which

food is placed in a public area where the diners generally serve themselves.
It is offered at various places like hotels, restaurants and social events.
Buffet restaurants normally offer all-you-can-eat food for a set of price and
the essential feature of the various buffet formats is that the diners can
directly view the food and immediately select which dishes they wish to
consume, and usually also can decide how much food they take.3

1 (Fox News) (Alarabiya, 2014)

2 (Shaykh Muhammad Saalih al-Munajjid, 2006)

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Buffets were originally displays of wealth in the form of plates and vessels; a
political act and a sign of visible feasting. The term buffet was applied both
to the presentation itself and to the furniture on which it was mounted, often
covered with rich cloths.4

Where is the problem

When buffet meals are sold in restaurants, the problem or the question lies
in the matters of uncertainty and ambiguity as the amount of food is not
specified. And when discussed in Islam, it roots back to the following hadith
where the Prophet prohibited such deals:
5

Buffets for Promotion or Special Occasions

This way of dealing changes the issue into a special event or offer to the
customers. Here the focus of the seller is not actually selling the buffet meal
as a product rather he is letting the potential consumers to try out their
products at a fixed minimal price like a token price. Or the seller is giving the
customers freedom to choose and eat at a fixed minimal price as a way of
celebrating on a special occasion.

In such cases, it is assumed that the customer is getting more than what is
paid for. And the extra is a gift offered by the seller for people to get a scope
to try their products or enjoy the occasion. The seller is willingly giving-up
the profits or even subsidizing occasionally to make people happy or
promote his products.

Sometimes it is like a sale of Freedom or Amusement where customers are

actually not paying for the unmeasured/unspecified amount of food; rather,
they are paying for the freedom and the amusement they are getting.
Buffets are enjoyed with a home-like feeling having an informal manner of
choosing and taking food freely.

Buffet Meal for Sale

This is our main concern according to the assignment question. There is a

degree of uncertainty/ambiguity as an uncertain amount of food is being
sold for a fixed price.

If this is a sale-for-profit where there are two possibilities:

a. Either the customer is paying more than his/her consumption.
b. Or, the customer is consuming more than he/she has paid for.
3 (Wikipedia)

4 (Wikipedia)

5 (SUNNAH.COM)
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Scholarly Opinions

There are scholars who saw the degree of uncertainty as low and tolerable
because the consumable amount of average people is known. Shaykh Salih
al-Uthaymeen added that if the customer knows about his/her willingness to
eat exceeds the commonly accepted amounts; the seller should be informed
about this.6 And another scholar Sheikh `Abd al-Wahhb al-Turayr said that it
is a recognized principle in Islamic business law that if the ambiguity is
insignificant, it should be tolerated and overlooked. And as the amount of
food consumed by most people is known, nothing in Islamic business law
seems to outlaw such a transaction.7

On the other hand, some might consider it as unlawful because of the

uncertainty like Shaykh Salih al-Fawzan is claimed to have said on al-Atheer
channel:
8

However the answer to this question on his website (islamqa.info) was

concluded by the opinion of Shaykh Salih al-Uthaymeen.9

My Understanding

I think Buffet meals are not prohibited based on two points:

Rasulullah said, mutual consent is among the vital points of
a transaction. If both parties agree, we have one green signal.
10

The majority of scholars consider the uncertainty as minor and

tolerable which is generally harmless is this case and doesnt prohibit
such a transaction.

Things to consider - Duty of the Sellers

Sellers should consider adding a note to their advertisement or food-menu

mentioning the acceptable amount of food consumed, otherwise there might
arise problems if a customer eats-up way too much.

6 (IslamWeb, 2010)

7 (al-Turayr)

8 (Alarabiya, 2014)

9 (Shaykh Muhammad Saalih al-Munajjid, 2006)

10 (SUNNAH.COM)
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Without such notes or warnings, sellers may be bound to their advertised

conditions and may not be able to restrict the extra-ordinary consumption of
some people. We must remember the hadith where Rasulullah
said:

11

Things to consider - Duty of the Customers

Customers should not go beyond the customary limits of acceptability and

should behave sanely. Muslims are not to play with limits and go crazy.

Even though buffets are considered halal, but, we must consider 5 issues:

Excessive Eating: no doubt it is harmful for health and un-Islamic.

12

13

Extra Spending: unnecessary expenses or over-spending is not

permitted. Even if someone is very rich but wastage of wealth is
prohibited for all. Having abundance doesnt permit consuming or
spending more than necessity.

14

Manners: keep in mind the Islamic standards of good manners.

11 (SUNNAH.COM)

12 (SUNNAH.COM)

13 (SUNNAH.COM)

14 (SUNNAH.COM)
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15

Disputes: there are cases16 when extra-ordinarily over-eating has

resulted in disputes which we should avoid.

Exploitation: we are not to abuse such opportunities and harm the

seller.

Conclusion

The ease and difficulty in Islam is relative to many things. No matter how we
feel about any Islamic law, we mustnt be reckless in judging Islam or
making comments. Islam is from Allah and life is a test for us. Only He knows
what He wills, how and why. If something is decided in Quran and/or Sunnah
or by the legitimate scholars, we should not follow our desires; rather we
should find the correct interpretations and decisions.

We must not try to modify Islam to adjust our lifestyle; rather we must
change ourselves according to Islam. And for the matters that we fail to
perform, we should be sorry and remember that Allah knows what is in our
hearts and He is the most merciful.

Bibliography

15 (SUNNAH.COM)

16 (The Guardian, 2012) (The Telegraph, 2012) (Daily Mail, 2012)

 MUHAMMAD ASHIQUL HOQUE - ST10025010 FQH201 ASSIGNMENT - FALL 2016

Alarabiya. (2014). Fatwa prohibits All You Can Eat offers. Retrieved from Alarabiya
English: http://english.alarabiya.net/en/News/middle-east/2014/03/13/Saudi-
cleric-declares-open-buffets-as-un-Islamic-.html

al-Turayr, S. `.-W. (n.d.). All-you-can-eat buffet. Retrieved 2017, from Islam Today:
http://en.islamtoday.net/node/686

Daily Mail. (2012). 350lb customer claims 'all-you-can-eat' restaurant refused him
more food. Retrieved from Daily Mail:
http://www.dailymail.co.uk/news/article-2145271/350-pound-customer-says-
kicked-eat-fish-fry-eating-fish.html

Fox News. (n.d.). Saudi cleric issues fatwa banning all-you-can-eat buffets.
Retrieved 2017, from Fox News: http://www.foxnews.com/food-
drink/2014/03/14/saudi-cleric-issues-fatwa-banning-all-can-eat-buffets.html

IslamWeb. (2010). Eating in open-buffet restaurants. Fatwa No : 135439. Retrieved

from IslamWeb: http://www.islamweb.net/emainpage/index.php?
page=showfatwa&Option=FatwaId&Id=135439

Shaykh Muhammad Saalih al-Munajjid. (2006). Ruling on buying from all-you-can-

eat buffets. Retrieved from Islam Question and Answer:
https://islamqa.info/en/91480

SUNNAH.COM. (n.d.). Retrieved 2017, from SUNNAH.COM: https://sunnah.com

The Guardian. (2012). Can you get thrown out of an all-you-can-eat buffet?
Retrieved from The Guardian:
https://www.theguardian.com/lifeandstyle/shortcuts/2012/oct/04/thrown-out-
all-you-can-eat

The Telegraph. (2012). Pair banned from all-you-can-eat restaurant for eating too
much. Retrieved from The Telegraph:
http://www.telegraph.co.uk/foodanddrink/restaurants/9581559/Pair-banned-
from-all-you-can-eat-restaurant-for-eating-too-much.html

Wikipedia. (n.d.). Buffet. Retrieved January 2017, from Wikipedia:

https://en.wikipedia.org/wiki/Buffet