By: Dr. Yusuf Al Qardawi
- Necessity Dictates Exceptions
While Islam has narrowed the range of what is prohibited, it is, at the same time, very strict in seeing that its prohibitions are observed. Accordingly, it has blocked the ways, apparent or hidden, leading to what is prohibited. Thus, what is conducive to the haram is itself haram, what assists in committing the haram is haram, any rationalization for engaging in the haram is haram, and so on, to the last of the principles which we have elucidated. At the same time, Islam is not oblivious to the exigencies of life, to their magnitude, nor to human weakness and capacity to face them. It permits the Muslim, under the compulsion of necessity to eat a prohibited food in quantities sufficient to remove the necessity and save himself from death.
In this context, after listing the prohibited foods in the form of dead animals, blood, and pork, Allah Ta’ala says:
But if one is compelled by necessity, neither craving (it) nor transgressing, there is no sin on him; indeed, Allah is Forgiving, Merciful. (2:173)
And this is repeated at four places in the Qur’an after each mention of the prohibited foods.
On the basis of these and similar verse of the Qur’an, Islamic jurists formulated an important principle, namely, that “necessity removes restrictions.” However, it is to be noted that the individual experiencing the necessity is permitted to eat the haram food with the stipulation that he is “neither craving it nor transgressing.” This is interpreted to mean that he should not desire to relish it nor transgress by eating more than the bare amount needed to satisfy his hunger. From this stipulation, jurists have derived another principle, that “The quantity permitted is determined by the (magnitude) of the necessity.” Here the underlying idea is that, even though compelled by necessity, a person need not surrender to it or embrace it with eagerness; rather he must live with what is essentially halal and seek a way to return to it so that he may not become accustomed to the haram or begin enjoying it under the pretext of necessity.
In permitting the use of the haram under necessity, Islam is true to its spirit and general principles. This spirit, which we find permeating its laws, is to make life easy and less oppressive for human beings, and to lift the burdens and yokes imposed by earlier systems and religions. True is the saying of Allah, the Almighty:
Allah desires ease for you, and He does not desire hardship for you…. (2:185)
It is not Allah’s desire to place a burden upon you, but He desires to purify you and to perfect His favor on you in order that you may be thankful. (5:6)
Allah desires to lighten your burden, for man was created weak. (4:28)
Chapter 2: The Halal And The Haram In The Private Life of Muslim
Food and Drink
Since ancient times, peoples have differed in their eating and drinking habits and in relation to what is to be allowed and avoided, especially with regard to food of animal origin.
Concerning food and drink of vegetable origin, the peoples of the earth have been close to a consensus. Islam does not prohibit vegetable foods, with the exception of what is fermented, whether it be grapes, dates, barley, or any other substance, as long as it remains in the unfermented state; similarly, Islam prohibits anything which intoxicates, affects the functioning of the brain, or harms the body, as we shall see later. However, with regard to foods derived from animal sources peoples and nations have held widely varying attitudes.
The Attitude of the Brahmins Toward Slaughtering Animals and Eating Meat
The Brahmins and a group of philosophers, subsisting on vegetarian food, only prohibit to themselves the killing and eating of animals. They claim that the slaughtering of animals is a cruelty inflicted by men on these creatures, who are living beings like themselves and that they must not deprive the animals of their right to live.
However, when we ponder the creation, we realize that these animals have not been created for their own sake, because they have not been endowed with intellect or freedom of choice; we also see that their natural position is such that they have been subjected to the service of man. It is therefore not to be doubted that man should benefit from their flesh after slaughter just as he benefits from their service while they are alive.
Again, we realize that it is the law of Allah in His creation that the lower order of species be sacrificed for the benefit of the higher. Thus green plants are cut and fed to an animal, the animal is slaughtered to be food for man, and a man must also fight and risk his life for the sake of the group. Moreover, even if a man refrains from slaughtering an animal, it will not thereby be saved from death and destruction; it will either become prey to some other animal or will die in some other way, possibly in a much more painful manner than by a quick stroke of a sharp knife.
Animals Prohibited to the Jews and Christians
Among the people possessing a religion based on a divinely revealed scripture, Allah prohibited to the Jews the eating of many land and marine animals; for a description of these one may refer to the Old Testment book of Leviticus, chapter eleven. The Qur’an mentions some of the things which Allah prohibited to them, as we mentioned previously, to punish them for their transgressions and sins:
And to the Jews We forbade every animal with claws, and of oxen and sheep We have forbidden them their fat, except what is carried on their backs or entrails or what is connected to the bone; thus did We recompense them for their rebelliousness, and indeed We speak the truth. (6:146)
These prohibitions applied to the Jews, and it may be assumed that the Christians were also supposed to observe them since the Injeel declares that Jesus (peace be on him) did not come to abolish the Law of Moses but to fulfill it. However, the Christians made permissible things which had been prohibited in the Torah, although not abrogated in the Injeel, or scripture revealed to Jesus (peace be on him). The Christians followed the teachings of Paul, who declared all foods and drinks permissible with the sole exception of the flesh of animals sacrificed to idols, (1 Cor. 8:4-10,10:19-29; Col. 2:13-14,16,1 Tim. 4:4-5. (Trans)) since “to the pure everything is pure.” (Rom. 14:14-17; Tit. 1:15. (Trans.)) Accordingly, Christians permitted to themselves the eating of pork, despite the fact that the text of the Torah prohibits it to this day.
The Attitude of the Pre-Islamic Arabs
The pre-Islamic Arabs prohibited certain animals as being unclean, together with some other animals which were considered sacred and dedicated to their gods; we have already mentioned bahirah, saibah, wasilah, and ham, which fall into the latter category. In contrast to this, they permitted many kinds of impure foods, such as the flesh of dead animals and flowing blood.
Islam Permits What Is Wholesome
This was the state of the world in relation to the eating of food at the advent of Islam. At one extreme every kind of meat was permitted and at the other all meat was prohibited. Then Allah addressed all human beings saying,
O mankind! Eat of what is permissible and good on earth, and do not follow the footsteps of Satan; truly he is an open adversary to you. (2:168)