Islamic Principles Pertaining to the Lawful & the Prohibited (Part-10)


Dr. Yusuf Al Qardawi, Qatar

The Wisdom of the Islamic Manner of Slaughtering
The wisdom of the Islamic rules of slaughtering is to take the animal’s life in the quickest and least painful way; the requirements of using a sharp instrument and of cutting the throat relate to this end. It is forbidden to rend the throat by using teeth or nails since this will cause pain to the animal and is likely to strangle it. The Prophet (peace be on him) recommended sharpening the knife and putting the animal at ease, saying, Allah has ordained kindness (or excellence) in everything. If killing is to be done, do it in the best manner, and when you slaughter, do it in the best manner by first sharpening the knife and putting the animal at ease. 1

In another hadith narrated by Ibn’Umar, the Prophet (peace be on him) said, “When one of you slaughters, let him complete it,”2 meaning that one should sharpen his knife well and feed, water, and soothe the animal before killing it.

Ibn ‘Abbas reported that once the Prophet (peace be on him) saw a man who was sharpening his knife after laying down a sheep to be slaughtered. The Prophet (peace be on him) rebuked him saying, “Do you intend to make it die two deaths? Why did you not sharpen your knife before laying it down?” 3

Once ‘Umar saw a man dragging a sheep by its leg to be slaughtered. He said, “Woe to you! Lead it to its death in a decent manner.” 4

Thus the main intent here is to be kind to the unfortunate animal and spare it unnecessary suffering insofar as this is possible. The people o f jahiliyyah were fond of cutting off the humps of live camels and the fat tails of live sheep in order to eat them. In order to put a stop to this barbaric practice, the Prophet (peace be on him) forbade the eating of any part obtained in this fashion, saying, “Any part cut off a living animal is dead flesh,” 5

The Significance of Mentioning Allah’s Name
Mentioning the name of Allah to purify the act of slaughtering has a subtle significance which we would do well to ponder.

First, this practice is in opposition to the practice of the idolaters and the people of jahiliyyah, who mentioned the names of their non-existent deities while slaughtering animals. Since the polytheist mentions the name of a false deity, how can the Believer fail to mention the name of the true God?

Second, these animals, like human beings, are creatures of Allah, and like them they have life. How then can a man take control of them and deprive them of life unless he first obtains permission from his, and their, common Creator, to Whom everything belongs? Mentioning the name of Allah while slaughtering the animal is a declaration of this divine permission, as if the one who is killing the animal were saying, “This act of mine is not an act of aggression against the universe nor of oppression of this creature, but in the name of Allah I slaughter, in the name of Allah I hunt, and in the name of Allah I eat.”

Animals Slaughtered by the People of the Book
We have seen that Islam emphasizes that the animal must be slaughtered in a prescribed manner. The polytheists of Arabia and other nations had made animal sacrifice an act of worship, or rather an integral part of their belief system and a pillar of their religion, seeking to propitiate their deities by sacrificing animals either at their special altars or by mentioning their names over them. Islam abolished these pagan rites and ordained that no name except that of Allah be mentioned while slaughtering, and it prohibited what was sacrificed at an altar or dedicated to anyone other than Allah Subhanahu wa Ta’ala.

Now although the People of the Book—the Jews and Christians —are essentially believers in one God, some Muslims nevertheless supposed that in matters related to food the People of the Book were to be treated in the same manner as idolaters. Thereupon Allah Ta’ala granted special permission to Muslims in the matter of eating with the People of the Book and in the matter of marriage to their women. In Surah al-Maidah, the last surah of the Qur’an to be revealed, Allah says, Today whatever is good is made lawful to you. And the food of those who were given the Scripture (before you) is permitted to you and your food is permitted to them…. (5:6 (5))

The meaning of these verses is, in brief, that from this day forward all good, pure, and wholesome things are permitted to you Muslims; consequently, there can be no more bahirah, saibah, wasilah, or ham. Since Allah did not prohibit it, the food of the Jews and the Christians is permitted to you on the basis of the original permissibility of things, and likewise you can share your food with them. Accordingly, you can eat the flesh of the animals they have slaughtered or hunted, and they can eat what you have slaughtered or hunted.

While Islam takes an uncompromising attitude toward polytheists, it is lenient toward the People of the Book, for they are closer to Muslims in their belief in divine revelation, prophethood, and other fundamentals of Islam permits us to eat with them, to marry their women, and, in general, to have social relations with them. It may be that, by interacting with Muslims in an Islamic environment and observithe beliefs, practices, and characters of Muslims, they may come to realize that Islam is in truth with their own religion but with a higher level of spirituality, a more perfect Shari’ah, and books of greater authenticity, while also free of the influence of paganism, man-made concepts, and falsehood.

The application of the phrase, “the food of those who were given the Scripture,” is general and includes their meats, produce, and other foods. All of these are halal for us excepting what is haram in itself, e.g., the flesh of a dead animal, pork, and flowing blood, as these are haram regardless of whether they are obtained from a Christian, a Jew or a Muslim.

We now turn to various questions which are of sufficient importance to Muslims to require an answer here.

Animals Slaughtered for Churches and Christian Festivals
If one does not hear from a Christian or a Jew that a name other than Allah’s such as that of Jesus or a saint, was mentioned at the time of slaughter, the meat he offers is halal. If, however, he says that a name other than Allah’s has been mentioned, it is haram, according to the opinion of some jurists who argue that it falls under the heading of what has been dedicated to other than Allah. Some others hold the opinion that the food of the People of the Book has been permitted to us by Allah, Who is aware of what they say when slaughtering an animal.

Someone asked Abu al-Darda whether he could eat the flesh of a lamb, slaughtered for the Church of St. George, which had been given to him. Abu al-Darda answered, “O Allah, may You pardon us! Are they not the People of the Book, whose food is halal for us and ours for them? He then told the person to eat it.6

Imam Malik was once asked about eating the flesh of animals slaughtered for Christian festivals and churches. He replied, I classify it as makruh but not haram: makruh because I am afraid it may have been dedicated to someone other than Allah but not haram because perhaps, with respect to the People of the Book, the meaning of the phrase, ‘that which has been dedicated to any other than Allah,’ applies only to those animals which they slaughter for the purpose of seeking the pleasure of their deities and not to eat. As for what they slaughter to eat, it is their food, and Allah says, ‘The food of those who were given the Scripture is permitted to you.’ (This ruling by Imam Malik demonstrates his humility, piety, and caution in religion. He did not rush to the conclusion that it was haram, as some jurists do today but confined himself to stating that it was makruh. As we can see, faced with the problem of reconciling two conflicting general categories, that which is dedicated to anyone other than Allah and the permissibility of the food of the People of the Book, he exercised caution and deliberation.) (5:6 (7))

Animals Slaughtered By Electric Shock and Other Methods
The second question is this: Is it necessary that the method of slaughter of an animal employed by the People of the Book so that it is halal in their religion be the same as ours, which is to cut the throat? A majority of jurists stipulate this as a condition, while a number of Maliki jurists have ruled that it is not a condition.

Qadi Ibn al-Arab), in explaining the verse of Surah al-Maidah, “The food of those who were given the Scripture is permitted to you,” (5:6 (7)) says: This is a decisive proof that the game and food of the People of the Book are among the good things which Allah has allowed for us. He, the Most High, has repeated it twice in order to allay doubts and to seal the mouths of those mischievous objectors, who would raise questions and prolong the discussion. I was asked: ‘If a Christian kills a chicken by cutting off its head and then cooks it, is it permissible to eat with him or to partake of his food?’ I said: ‘Eat it, as this is his food and the food of his priests and monks. Although this is not our way of slaughtering the animal, yet Allah has permitted their food to us unconditionally, and also other things in their religion excepting those which Allah says they have falsified.’ Our scholars have said: They give us their women in marriage and it is permissible to engage in sexual intercourse with them. In matters concerning halal and haram, sexual intercourse is of graver import than eating; how then does it make sense to say that their food is not halal?

This is the opinion of Ibn al-Arab). On another occasion he says: “What they eat without intending to make it lawful for eating, as for example by strangling the animal or smashing its head, is haram.” There is no contradiction between these two statements of his. What is meant here is that what they consider as religiously lawful to eat is halal for us, even though the method of killing the animal in their religion may be different from ours, and what is not religiously lawful to them is haram for us. What is meant by killing the animal in their religion is killing it with the intention of making it lawful as food according to their religion. This is the opinion of a group of Maliki jurists.

In the light of this ruling, we know that imported meats, such as chicken and canned beef, originating with the People of the Book are halal for us, even though the animal may have been killed by means of electric shock or the like. As long as they consider it lawful in their religion, it is halal for us. This is the application of the above verse from Surah al-Maidah.

Footnotes:
1- Reported by Muslim on the authority of Shaddad bin Aus.
2 – Reported by Ibn Majah.
3- Reported by al-Hakim, who classified it as “sound” according to the standard of al Bukhari.
4- Reported by ‘Abd ur-Razzaq.
5- Reported by Ahmad, Abu Daoud, al-Tirmidhi, and al-Hakim.
6- Reported by al-Tabari.