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THE LAW OF SHARI'AH
REGARDING MECHANICAL SLAUGHTER
by Muhaddith-e-Kabeer
Hazrat Allama Zia-ul-Mustapha Al-Qaderi Razvi Amjadi
ALLAH, IN THE NAME OF, THE
COMPASSIONATE, MOST MERCIFUL
"PRAISE BE TO ALMIGHTY
ALLAH, SALUTATIONS ON THE HOLY
PROPHET MUHAMMAD
(SALLAL LAAHU ALAIHI WASALLAM)"
INTRODUCTION
In our present day and age,
the method of mechanical slaughter, i.e. slaughter by use of machines, has
become a common practice and animals slaughtered mechanically are generally
being imported into Muslim countries. In many countries, numerous Muslim
butchers, after becoming aware of such meat being imported into their countries,
have raised the matter with the authorities and have even established their own
abattoirs so that the proper slaughtering of animals is in their control. This
was done to prevent the innocent and unsuspecting Muslim masses from eating such
meat, and to also avoid themselves from selling Haraam meat.
However, certain westernised
Molvis have, without providing any proper Islamic reasons, certified such meat
as being Halaal, and they have also given the green light to Muslims to buy "Halaal
meat" from non-Muslim butchers. Why such Molvis have implemented this, fails to
make sense as there is no complete or partial evidence from the Shari'ah,
namely, from the Holy Quran, Ahadith or Books of Fiqh to substantiate their
arguments. They have tried various means to establish that the method of
mechanical slaughter as being permissible, but were hopelessly unsuccessful. Due
to the fear of the detrimental effect that may be caused by establishing
mechanical slaughter, I have decided to give a brief explanation of the
differences between mechanical slaughter and proper Islamic Zabiha (Slaughter)
so that the unsuspecting Muslims are not trapped into eating Haraam meat.
PROPER SLAUGHTERING
ACCORDING TO THE SHARI'AH
Every Muslim should at least
be aware of the fact that for the flesh of any animal, with the exception of
fish and locusts, to become Halaal, it must pass through the proper method of
Islamic slaughter, i.e. in accordance with the Shari'ah. There are basically two
methods of slaughter in Shari'ah, which are:
1. Zibah-e-Ikhtiyaari:
Slaughter of animals in one's control, eg. livestock and poultry.
2. Zibah-e-Iztiraari:
Slaughter of uncontrolled animals, that is, animals (game) that are hunted.
In both methods, the animal
must be slaughtered by a sharp weapon (knife, spear, etc.). With the exception
of these methods, almost all the other methods are improper.
In Zibah-e-Ikhtiyaari,
the wind pipe, the food pipe, and the two blood vessels on either side of the
throat must be severed. If at least three of the four mentioned vessels are
severed, then the animal is regarded as Halaal.
In Zibah-e-Iztiraari,
the animal may be severed (cut) anywhere on the body by being stabbed or cut by
the sharp edge of the weapon causing its death. If a trained dog or hunting bird
causes such injury to the animals being hunted, thus causing its death, then
such an animal is Halaal.
Zibah-e-Iztiraari
is for those birds, who due to their height of flying cannot be caught, or those
animals (such as wild birds and animals) whose speed does not allow them to be
easily captured.
Zibah-e-Ikhtiyaari
is the law applicable to those animals, such as sheep, poultry, etc. which are
in one's control and possession. If an animal in the category of Iztiraari is
injured by a spear, etc. or a hunting animal, and such an animal, before its
death, comes within the control and possession of the hunter, then until and
unless it is not slaughtered in the method of Zibah-e-Ikhtiyaari, it will not be
Halaal. (Hidayah Aakhirain, pg. 505)
MECHANICAL SLAUGHTER
It is quite obvious that for
those animals slaughtered by a machine to be Halaal, such animals would need to
be slaughtered according to Zibah-e-Ikhtiyaari, where it is in possession. It is
obvious that it is only then that it can pass through the procedure of
mechanical slaughter. If it is said that the method that is used is not
Ikhtiyaari, then it would be impossible for the animal to be mechanically
slaughtered.
During mechanical slaughter,
the physical strength and intention of the person is not used, rather, the
person appointed presses a button or releases a switch on the machine, which in
turn causes electricity to pass through the cables of the machine giving motion
to the motor, which in turn gives motion to the pulleys, which in turn gives
motion to the blade causing the animal to be slaughtered. Neither is the motor,
nor the blade brought into motion by the direct strength of the person operating
the machine. If there is no electricity, then the motor would not run,
therefore, not allowing the blade to operate and slaughter the animal. It is
thus evident that the machine operator is not directly linked to the motion of
the blade nor the actual slaughtering of the animal.
For a moment, let us presume
that a person places a sharp weapon firmly into a wall or ties it to some object
with the intention of Zibah, after which livestock is chased in the direction of
the knife, whereby it crashes into the knife in a manner causing the necessary
vessels to be severed. Even under these conditions, the animal is Haraam since
it was killed through its own action and strength and not through the strength
of the slaughterer, even though there are fewer Zari'ah or means ("processes")
here than as in mechanical slaughter.
It is stated in "Kanzul
Daqaaiq": "If a person places a small saw or a sharp weapon in a jungle by
saying the Bismillah with the intention of hunting an antelope, and if he
returns the next day to find the animal dead, due to it being severed by the
weapon placed, then too it is not allowed for such an animal to be eaten".
(Kanzul Daqaaiq, pg. 220)
Imam Zaili (radi Allahu
anhu) has explained that the reason for this, is that in Zibah-e-Ikhtiyaari,
the Muslim should slaughter the animal himself and in Iztiraari he should cause
the animal's death by severing it himself. Without this, the animal cannot be
regarded as Halaal, since such an animal is in the category of "Natihaa" and "Mutardiya",
that is either beaten to death or injured by falling. This is evident from the
following verse of the Holy Quran: "You are forbidden to eat the dead and
blood and flesh of swine and that on which any name other than Allah is invoked
at the time of slaughtering, and that which dies by strangling and that which is
beaten to death by a blunt object and that which is killed by falling and that
which is gored." (Sura Maida, Ruku 1. Ayat 3)
The point in "Kanz" about the
animal being found dead the following day, is only hypothetical. However, even
if it is found dead on the same day, it is still not Halaal, since the
conditions of Zibah were not met. (Tabeenul Haqaaiq, Vol. 6, pg. 226)
There is a possibility that
certain persons may have a doubt the above law after reading the following
quotation found in "Durr-Mukhtar", Kitaab-us Sayd, etc. concerning hunting game:
"If a hunter places a sharp weapon in a trap and watches over it, then if an
animal is trapped, severed and killed in it, then it is Halaal." From this,
it may seem that if a Muslim places the knife saying Bismillah with intention of
Zibah, and if the animal is severed and dies in this condition, then it should
be Halaal. In other words, it would seem that it is enough for the knife to be
placed with the Niyyah (Intention) of Zibah. It does not seem necessary that the
animal should be slaughtered by the person himself. If this is so, then
mechanical slaughter should also be accepted as Halaal, since the motion of the
machine and the blade was through the switching on by a person, and in some way,
man is part and parcel of this procedure.
In clarifying these doubts,
all I want to say is that it is enough to understand, that the law derived from
"Durr Mukhtar" and other Kitaabs is specifically for those animals in the
category of Zibah-e-Iztiraari and the laws of hunting are totally
non-presumptuous (Ghair Qiyaasi), which cannot be applied on livestock, which
are in the possession of humans.
In reality, even if a wild
animal is captured and is in the possession of a Muslim, even then such an
animal cannot be slaughtered in accordance with Zibah-e-Iztiraari, as it is now
in possession and will fall into the category of Ikhtiyaari.
In this case, without doubt
the animal of mechanical slaughter is in possession, and the law of Iztiraari is
not applicable on such an animal. Such animals (in possession) fall into the
category of Ikhtiyaari and must be slaughtered by the persons own action and
intention. If it were allowed to slaughter livestock on the law of game animals,
then it would also be permissible to severe livestock anywhere on the body
causing its death. Whereas, to do so is disallowed.
With the exception of this,
there is Ikhtilaaf (difference of opinion) amongst the Fuqahaa (Muslim Jurists)
on the law of Hunting Game. It is stated in "Khulaasa" and "Muheet": "If a
hunter places a knife in a trap and then leaves, after which an animal is caught
and killed in the trap, then it is Haraam, and if the Hunter places the knife
and is watching the trap, then such game is Halaal." Differing on this, Imam
Zaili (radi Allahu anhu) and various other Jurists say that in both
circumstances the animal is Haraam. Thus, Imam Shulbi (radi Allahu anhu)
writes that the argument of "Kanz" presented by Imam Zaili (radi Allahu anhu)
infers that after the hunter places a small saw and whether he leaves or is
present makes no difference, since in both cases the animal, through its own
strength, was severed and killed by itself and not by the hunter, thus rendering
it Haraam. From this it can be well understood that Imam Zaili (radi Allahu
anhu) does not accept the opinion of "Khulaasa", and other Kitaabs in this
matter. (Tabeenul Haqaaiq, Vol. 6, pg. 226)
In this instance, Imam Shaami
(radi Allahu anhu) has stated that in Zibah Iztiraari it is not a
condition for the person making Zibah to do so himself. (Shaami, Vol. 5, pg.
192)
It must be understood that a
difference of opinion exists in the matter of Zibah-e-Iztiraari, but in the
matter of Ikhtiyaari it is unanimously agreed that the Zibah must be made by the
person himself for the animal to be Halaal.
According to the Shari'ah and
its terminology, the Faa'il (one doing the action, the subject) is that person
who performs an action with his own strength and intention, thus it is deduced
that the slaughterer is that person who, with his own strength and intention,
slaughters the animal. Thus, it is clearly evident that in mechanical slaughter,
the act of Zibah is neither carried out by the person saying Bismillah, nor by
the operator of the machine, but by the moving blade showing that the
severing of the vessels is the act of the machine. This is a clear fact that
cannot be refuted by any intelligent person. Even those who sanction mechanical
slaughter agree to this.
GIST OF MY ARGUMENT
Amongst those conditions which
are required for proper Islamic Zibah, many of the conditions are totally absent
in the method of mechanical slaughter. I would therefore like to list a few of
these conditions:-
1.
It is necessary that the slaughterer is of sane mind and aware of the laws of
Zibah. It is for this reason that the Zabiha of an insane person or of a young
child with no knowledge of the laws of Zibah, is Haraam (Hidaaya Akhirain,
pg. 434; Tabeen, Vol. 5, pg. 287; Majmaul Anhur, Vol. 2, pg. 598)
N.B.:
It is evident that electricity, the machine and the blade which is set into
motion, are free from sanity or insanity and such equipment are not even aware
of the intention of Zibah.
2.
It is necessary for the person making Zibah to recite Bismillah himself. If
Bismillah is recited by any other person, Zibah will be improper and the animal
will not be taken as Halaal. (Raddul Muhtaar, Vol. 5, Pg. 192)
N.B.:
When the machine and the electricity which controls it does not have the power
of saying Bismillah, then how is it possible for the operator or a person
standing on the side to recite Bismillah on behalf of the machine?
3.1
If a person other than the slaughterer places his hand on the knife to assist
the slaughterer, then both have to recite the Bismillah. If one of them abstains
from saying the Bismillah, then the Zabiha is Haraam. (Raddul Muhtaar, Vol.
5, pg. 192; Durr Mukhtar, Vol. 5, pg. 212)
3.2
If while a Muslim is slaughtering an animal, and a person held the knife who is
neither a Muslim nor a Kitaabi (People of the Book) or neither Muslim nor
Kaafir, then the Zabiha is Haraam. (Al Ashba Anil Khaaniya, Vol. 1, pg. 145)
N.B.:
Now, let us presume that the slaughter is carried out both by the action of the
Muslim and that of the machine, then it has to be accepted that the machine,
which is neither Muslim nor Kitaabi and does not even recite the Bismillah, is
also part and parcel of the Zibah. This makes the Zabiha Haraam.
4.
The slaughterer should slaughter with his own intention and action, as I have
quoted Imam Zaili and Allama Shaami (radi Allahu anhuma). The Holy Quran
has stated: "Except that which you have slaughtered." (Sura Mai'da,
Verse 3)
Almighty Allah has clearly
commanded that the Zibah be done by the Muslim himself, with his own intention
and action. It is on this that there is trust.
5.
It is also a condition that the Tasmiyah be said with the intention Zibah. If
Bismillah was read with any other intention, and if Zibah was made, then the
animal is not Halaal. (Durr Mukhtar, Vol. 5, pg. 191)
From this, it has become
clearly evident that the Niyyah of Zibah is also necessary and to take Almighty
Allah's Name for this reason alone is also a necessity. It is obviously clear
that the machine has no intention nor power to control itself. In reality, how
then can the machine make Zibah with the intention of taking Allah's Name for
the reason of Zibah alone?
After studying all the above
mentioned arguments, it is requested that you look over a few statements of
those who say that the mechanical method of slaughter is allowed:
1.
According to Islamic slaughter, the person present may say Bismillah from any
position and allow the vessels to be severed by the sharp instrument thus
causing blood to flow. Whether this is done personally or by the machine, both
cause the Zibah to be Halaal.
2.
There is no reason to condemn mechanical slaughter as un-Islamic and its Zabiha
as Haraam, since the sharp blade of the machine is severing the vessels. While
this is happening, a Muslim is reading Tasmiyah with the intention of Zibah,
thus no valid reason can be found to make mechanical slaughter Haraam.
N.B.:
This argument for mechanical slaughter is totally inappropriate. The argument
presented implies that as long as the vessels are severed, blood has flowed and
that any person is present saying Bismillah, then the Zibah is proper, whether
the person slaughtering is a Muslim or Kaafir or whether he is neither Mu'min
nor Kaafir. This is totally against the command of the Holy Quran "Illa Maa
Zakaytum - Except that which you have slaughtered." (Sura Mai'da, Verse
3)
Certain Ulema in Egypt have
also sanctioned mechanical slaughter. Their argument is as follows: "If the
person in-charge, or the operator of the machine is a Muslim or Ahle Kitaab, and
if the machine has a blade which causes the necessary vessels to be severed,
then in this case, the person saying Bismillah should do so individually for
each animal being slaughtered, then the equipment (blade of the machine) is
accepted as the equivalent of the hand of the slaughterer, and such Zabiha will
be accepted as Halaal, and if these conditions are not fulfilled, then the
Zabiha is not Halaal". (Fatawa Islaamia, Darul Iftil Asariya, Vol. 7, pg.
2616)
The laws concerning the Ahle
Kitaab will be explained as we proceed with our argument. My question here is:
when the person saying the Tasmiyah is not slaughtering the animal himself, and
is not responsible for personally performing the action of Zibah, then to assert
that the moving knife is an equivalent of the hand of the slaughterer is a mere
claim without valid evidence from Shari'ah. Indeed, it has been proven that the
Ulema in Egypt have themselves accepted that the Zibah should be done by hand,
thus they have for the same reason permitted the moving blade to be equivalent
to the hand of slaughterer.
I have already presented proof
that in Zibah-e-Ikhtiyaari the slaughtering must be done by the slaughterer
himself, with his own action and intention. No proof contradictory to this has
ever been furnished. It seems as if the Ulema in Egypt have accepted the
means of action to be the equivalent of the person performing the action. It
is for this reason that they have accepted the person operating the machine to
be the Zaabih (Slaughterer), as he is the "means" for the Zibah. It seems as if
they have no knowledge of the fact that in Zibah-e-Ikhtiyaari the Shari'ah has
not accepted the means as an equivalent to the slaughterer, but rather the
Shari'ah has commanded personal slaughter as a condition for Zibah. I have
already presented proof on this argument.
At this juncture, it must also
be understood that one "means" is being used as the "means" of the next. In
other words, the operator presses the switch, making him the "means". If there
is power, then electricity passes, making it as a "means" for the pulleys to
move, which becomes a "means" for the blade to run, consequently allowing it to
slaughter the animal. How then, can the "means" for a "means" for a "means" can
be accepted as the equivalent of the slaughterer. Is the action of the operator
known as electrical current? Is the operator himself another name for the
machine?
Experience has proven that the
machine works with such speed that in the time it takes to say one Bismillah,
one hundred animals can be slaughtered (commonly as in poultry). Due to this, it
is obvious that 99 of the 100 hundred animals did not have Bismillah recited at
the time of their Zibah. In reality, none of these animals can be considered as
proper Zabiha, since it will not be known over which one of the animals the
Bismillah was read.
Concerning the Ulema in Egypt,
I have also been informed from authentic sources that the righteous and pious
Ulema in Egypt are imprisoned while others are issuing decrees on the basis of
their Western ideologies in loyalty to the Egyptian government. In other words,
the pious, truthful and outspoken Ulema are imprisoned by the government,
whereas those Ulema who issue decrees are on the payroll of the government. It
seems to me that in implementing mechanical slaughter, it is the western lobby
that are working with Egypt and other Middle East countries.
I cannot understand how the
movement of the blade has been authorised as an equivalent to the slaughterer
himself. Such stubbornness against the Shari'ah is totally disallowed.
ANOTHER VALID REASON
PROVING HURMAT (SUCH MEAT BEING HARAAM)
Up to now, the point of
discussion has been that the machine does the slaughtering and not the
slaughterer himself with his action and intention. From past experience, I have
also found that during mechanical slaughter, the blade sometimes misses its
target due to mechanical error and runs over the breast or head of the animal
and sometimes over other parts of the animal's body. In such cases, where the
head is partially severed or the breast severed, etc. these animals' parts jam
in the chain of the machine, which are usually removed and replaced by other
slaughtered animals.
Those animals which are
severed at a point other than at the required vessels, even if by a Muslim, are
Haraam according to I'jma (Consensus). Let us, for this reason, presume that
mechanical slaughter is Halaal, even though it is not, then due to the mixing of
the so-called Halaal and the Haraam portions, in the machine, all such animals
have become Haraam due to contamination.
Due to experience, it has been
proven that instead of Zibah, other body parts are severed during the mechanical
slaughter. How then do those who claim mechanical slaughter to be permissible
did not discuss in their arguments this valid point? The answer to this, I
think, only they will know.
DETRIMENTAL POLITICS
CONCERNING FORBIDDEN MEAT
To substantiate their
arguments, one of those who sanctioned mechanical slaughter, quoted the
following in his opening statements: "Due to the demand for Halaal meat from
Muslim countries, abattoirs have turned to the use of mechanical slaughter".
After scrutinising this part
of the argument, the question which arises here is: When the demand for meat
from the Muslim countries increased, did these abattoirs first research the
basis of mechanical slaughter in the light of Shari'ah, or did they just accept
it so that they may enhance their business dealings? It is obvious that the
abattoirs had no desire to conduct such research, since their aim was solely for
production and mass distribution!
It must also be noted that
those countries to which such meat was exported the masses were not informed of
the animal being mechanically slaughtered, but rather, they covered their tracks
by placing labels of "HALAAL MEAT" on these products to mislead the masses.
After much time, when the unsuspecting public found out that they were consuming
meat from animals which were mechanically slaughtered, they questioned the
learned and pious Ulema who said that such meat was Haraam. On the other hand,
there were those who tried to prove it being Halaal so that they may monopolise
and keep a steady hold on those consuming meat. These Molvis played with the
Shari'ah to satisfy the abattoir authorities by whom they were patronised.
CONTEMPTFUL BEHAVIOUR OF
SO-CALLED MUSLIM GOVERNMENTS
It is an accepted fact that
Saudi Arabia and other Middle East countries are at the forefront in welcoming
such meat into their countries. Just as they research all other products
entering their country, it was the essential duty of these governments and their
religious authorities to first research the permissibility of this meat before
it entered their country. Actually, they should have been even more responsible
in this issue, since it dealt with the eating of Halaal and Haraam products.
Instead of looking into this
matter in the light of the Shari'ah, they established an improper proceedure
which stated that if such meat was purchased from Muslim stores and possessed a
Halaal label, then the product was certified as Halaal. Thus, it caused all
doubts to be removed from the minds of the people regarding from where and how
the Muslim shopkeeper had imported the products.
I would like to say that when
the authorities and Muslim religious leaders are well aware of the fact that
meat is being imported into their countries, then is it not their responsibility
to make sure that the meat is Halaal without any doubt? How is it that they have
certified such meat as permissible for Muslim consumption? In reality, these
so-called Muslim governments have become the slaves of Europe and the followers
of the European nation. Such slavery has blinded them to such an extent that
they do not see right from wrong. It is obvious that they have no intent of
keeping the pristine Islamic principles alive. Thus, they feel that whatever
they do is proper.
THE LAW CONCERNING EXPORTED
MEAT
With regards to the present
situation, I feel it necessary to briefly explain the forbidden factors involved
in imported and exported meat, so that those person who wish to consume only
Halaal meat will abstain from imported meat that is doubtful. Such people never
step back in clarifying that which is Haraam.
REASONS FOR EXPORTED MEAT
BEING HARAAM
1.
In exported meat, the method of mechanical slaughter which I have already
explained as being Haraam is foremost.
2.
Most of the meat being imported is from Europe, America, Australia, etc. and
most of those controlling abattoirs and the exporters of the meat are Christians
and the Zabiha of todays Christians is Haraam, as I will prove further in my
argument.
3.
Exported meat enters Customs where it is immediately hidden from the sight of a
Muslim and the exporter. This meat, which is stored on Cargo Carriers, is also
hidden from the sight of a Muslim. The majority of the Custom officials and the
sailors on the ships from these countries are either Mushriks, Mulhids or
Christians of the present day. The Shari'ah has stated that if the meat is
hidden from the sight of a Muslim for even one moment, then the meat is Haraam.
If the exported meat is the Zabiha of a Muslim, and is sent by a Muslim, such
meat is still accepted as Haraam. Proof of this will be furnished as we
proceed.
4.
Abattoirs which export meat also place labels of "HALAAL" on the meat of animals
which die through other bodily injuries during Zibah. By I'jma, such meat is
regarded as Haraam.
While in Saudi Arabia, I
discovered the difference in price of imported and locally slaughtered meat and
I found that imported meat was sold at six to seven Riyals per kilogram, whereas
locally slaughtered meat was sold at twenty five to thirty Riyals per kilogram.
It is for this reason, that in most Hotels, Restaurants and Hajj Tour Agencies,
imported meat is served to Hujaaj. The pious people of Saudi Arabia abstain from
this meat. I have seen many conscious Hujaaj, who for the same reason, abstain
from consuming meat in Saudi Arabia.
One should remember that the
consumption of Haraam sustenance causes wretchedness in a person. It is also due
to this that Du'a is not accepted. How then will the Ibaadah and the Ziyaarah of
the Haajis be accepted? Therefore, it is extremely important for the Hujaaj,
when in the court of Allah and His Rasool (sallal laahu alaihi wasallam)
to be more particular in what they eat. Even if it means not eating meat for a
few days, it will not cause any difference in one's physical condition and
health.
SLAUGHTERING OF THE AHLE
KITAAB
According to the Holy Quran
and Ahadith, only the Yahud (Jews) and Nasaara (Christians) are referred to as
the "People of the Book". With the exception of these two, no Kaafir in the
world
can claim to have brought
Imaan on any Book or Nabi of Almighty Allah. There has been a difference of
opinion amongst the Ulema on whether their Zabiha is Halaal or not. Most of the
Mashaa'ikh (Learned Scholars) have declared their Zabiha as Haraam, whereas a
few of them have declared their Zabiha to be Halaal. The former view is the
principle of the Hanafi Madhab and the proof pertaining is more stronger in this
argument. Imaam ibne Humaam has stated in "Fathul Qadeer": "Except in the
case of extreme necessity, the Zabiha of the Ahle Kitaab should not be eaten."
It is stated in "Majma-ul-Anhur"
as follows: "The Christians of our present times openly declare Hazrat Isa (alaihis
salaam) as the son of Allah and we have no dire need for their Zabiha, whereas
to avoid (their Zabiha) is Waajib (Compulsory), since the Ulema have difference
of opinion concerning their Zabiha and since there is no consensus, it will be
taken as forbidden to eat."
The difference of opinion of
the Ulema is on this condition that the slaughter should be in accordance with
the conditions of Zibah, meaning that all the necessary vessels should be
severed and that the Zibah must be made only and only in the Name of Allah. The
Zabihah of a Muslim will not be Halaal if he does not adhere to the proper
condition of Islamic Zibah, how then will the Zabihah of the Christians be
considered as Halaal?
The Zibah of the Christians
has not been in accordance with the Shari'ah for years since they neither say
Takbeer nor do they slaughter in accordance with the laws of Zibah. Rather, they
usually consume the Zabihah of Muslims. They either strangle poultry and birds
or stab a knife through the neck of live sheep, thus not allowing the prescribed
vessels to be severed. This makes their Zibah unacceptable. It is in "Fatawa
Qazi Khan" as follows: "Christians do not make Zibah, but they strangle the
animal or they eat the Zabihah of Muslims."
A'la Hazrat (radi Allahu
anhu) quoted his personal experience as follows: "In Zil-Qadah, 1295 A.H.
I saw a ram on board the ship which belonged to a Christian from Samur. He was
selling the ram for 40 Rupees. I desired to eat meat and thus requested to
purchase the animal in cash. He refused to sell the animal to me, but said that
I should purchase the meat after Zibah. When slaughtering, he stabbed the knife
through one side of the neck not even allowing the required vessels to be
severed. I then said that this meat was now as bad as swine and was not good
enough for our consumption." (Fatawa Razwiyah, Vol. 8, page 331)
Thus, the Zabiha of Christians
of the present age are lacking in these methods, thus making their Zabiha
totally Haraam. As for the Jews, they too leave out the Takbeer and change the
method of Zibah, thus, even their Zabiha is Haraam. If there is no dire need for
the consumption of meat, then it is definitely Makruh to eat their Zabiha.
Another reason for their Zabiha to be Haraam is that many Christians of this age
have either become Mulhid (heretics) or Communists. For further details on this
topic, peruse "Fatawa Razwiyah", Vol. 8, pages 329-331.
IS THE MEAT WHICH IS HIDDEN
FROM THE SIGHT OF A MUSLIM HALAAL OR NOT?
For meat to be Halaal, it
depends on the proper Islamic method of slaughtering carried out by a Muslim or
by a Kitaabi, of an animal which is permitted for Muslim consumption by invoking
on it the Name of Allah at the time of Zibah. If there is even an atom of doubt
in the meat being Islamically slaughtered then such meat will be considered as
Haraam.
As long as the Zabiha of a
Muslim is in the sight of a Muslim, then it is accepted as Halaal. If it is out
of the sight or possession of a Muslim then it is doubted and to eat such meat
is Haraam for this reason, that as long as an animal is alive it's consumption
is Haraam. It only becomes Halaal after Zibah-e-Shar'i (Slaughtering according
to Shari'ah). If there is no proof of Shari'ah whether the animal was
slaughtered in accordance with the Laws of Shari'ah then the meat of such an
animal is Haraam, since it is proven with Yaqeen that the animal is Haraam, thus
how can it be accepted as Halaal only by presuming that the animal was
slaughtered by a Muslim. It is in "Al-Ashbah" as follows concerning the
purchasing of meat from Majusis: "The meat of a live animal is Haraam, thus
the purchaser is bound by the originality of it being Haraam and unless the
proper Zibah of such an animal is not proven, it will remain Haraam."
If a Kaafir says that the meat
purchased by him is the Zabiha of a Muslim, then his word will not be acceptable
since Halaal and Haraam deal with the matters of Deen and trust. It must be
known that in the circumstances of Deen and trust, the word of a Kaafir is
unacceptable. It is therefore, stated in "Fathul Qadeer" as follows: "The
meat from the butcher of a Polytheist is not Halaal until such time it is proven
to be the Zibah of a Muslim, since such meat is in reality Haraam, and the
proper slaughter of such an animal becomes doubted."
Allama
Shaami (radi Allahu anhu) has stated as follows in "Raddul Muhtar":
"By the person being a Majusi, it is enough to establish such meat as Haraam
even if he claims that it is the Zabiha of a Muslim. The reason for this is that
on the basis of trust, integrity, and honesty his word is unacceptable."
In "Muamilaat" (General
Business Affairs), the message of a Kaafir is only accepted on the condition
that honesty prevails without doubt. If there is doubt of his message being true
in general business affairs, then also one should not act on his words. (Bahare
Shariat, vol. 12, page 37)
However, if it is confirmed
from the time of slaughter till the time of sale that the meat was not hidden,
even for a minute, from the sight of a Muslim, then such meat is Halaal.
Likewise, if a person sends his Mushrik servant or slave to buy meat, then such
meat will be accepted as Halaal after these three conditions are confirmed:-
1. The Kaafir who purchases
and brings the meat is your servant or slave.
2. He must also say that he
purchased and brought the meat from a Muslim.
N.B.:
It is in "Hidaayah" that if a Muslim sends his Majusi servant or slave to
purchase meat, then the servant must say that he has purchased this meat from a
Muslim or Kitaabi, then only will it be permissable to eat. Since the word of a
Kaafir is accepted in general business affairs and if the saying of a Kaafir is
in the matter of Diyaanat (Integrity and Trust) - Halaal and Haraam - then his
word would have been unacceptable.
It is in "Hidaayah" and other
Kitaabs that the pre-requisites of them being slaves or servants is in the basis
of Sharaa'it (Necessary Conditions being fulfilled), since the Fuqaha have
stated that the meat of the butcher or of the invitation of the house of a
Kaafir is Haraam even if they claim it to be the Zabiha of a Muslim.
It is in "Fatawa Qazi Khan" as
follows: "If a Christian or a Majusi invites you to eat meat at his house,
then for a Muslim to eat this meat, is Makruh-Tahreemi, even though he says that
he purchased it from the market-place since the Majusi either strangles or beats
the animal to death, and the Christian Zabiha is not valid for Muslims for he
kills the animal through strangulation or eats the Zabiha of Muslims." In
exception to this, with regards to meat, where even a slight doubt can make it
Haraam, then in such conditions, servant-and slave-purchases would have to be
abstained from, then it would be quite difficult. For this reason, in business
matters only, their word is accepted and if one is not under your command, his
word is unacceptable.
It is stated in "Fatawa
Alamgiri" that the word of a Kaafir is accepted in general business matters and
unacceptable in matters of religion and integrity. However, if for this reason
in Muamilaat, the word of a Kaafir is accepted, then in connection with the
words of Diyanat will be accepted since in this time on the basis of necessity,
Diyanat on the basis of Muamilaat is accepted.
3.
If the person's heart is sure and confirms that there is no doubt in his
heart concerning his servant telling the truth.
It is in "Jawhirah Nay'yira"
that in general business matters, the word of a Kaafir is acceptable only if it
is confirmed that he is telling the truth and if one thinks that he is lying,
then his word should not be accepted. (Bahare Shariat, Vol. 6, pg. 37)
Allama Shaami (radi Allahu
anhu) has stated that if his (the servant's) word is not definite, then to
act upon it is disallowed.
The gist of my argument is
this, that if imported and exported meat from the time of Zibah up to the time
of importing is not in the care of a Muslim, during export it is also out of the
sight of a Muslim. Even those involved in exporting do not keep it in their
sight. Thus, as soon as this meat is hidden from the sight of a Muslim, then
there is no way in which it can be accepted as permissable. If it is known that
it is the Zabiha of a Christian of this time and that it is the product of
machine slaughter, then such meat is Haraam in the first degree.
May Almighty Allah save us
from consuming that which has been forbidden by the Shari'at-e-Mutaharrah. Ameen.
Wallaahu Ta'ala Aalam
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