By: Dr. Yusuf Al Qardawi

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.

The Meat of Zoroastrians and Others Like Them
A difference of opinion exists among jurists concerning the meat of animals slaughtered by the Zoroastrians or Parsees (Majus). The majority forbids the eating of it because they are polytheists, while others say that it is halal because the Prophet (peace be on him) said, “Treat them as you treat the People of the Book.” (Reported by Malik and al-Shafi’i).

The Prophet (peace be on him) accepted jizyah from the Zoroastrians of Hajar. (Reported by al-Bukhari and others.) In the chapter on slaughtering in Ibn Hazm’s book, Al-Muhalla, (Vol. 7, p. 456.) the author says, “They are also a People of the Book; hence all the rules related to the People of the Book apply to them.” Likewise the Sabeans are classified by Abu Hanifah as belonging to the category of People of the Book.

A Rule: What We Do Not See Should Not Be Probed Into
It is not required of the Muslim to inquire about what he has not witnessed, i.e., How was the animal killed? Did the manner of slaughter meet the Islamic conditions? Was the name of Allah mentioned while slaughtering or not? If the animal was slaughtered by a Muslim, even if he is ignorant or sinful, or by someone from among the People of the Book, eating it is halal for us.

We have already narrated a hadith in which it was said to the Prophet (peace be on him): “People bring us meat and we do not know whether they have mentioned the name of Allah over it or not. Shall we eat it or not?” and the Prophet (peace be on him) replied, “Mention the name of Allah (over it) and eat.”

Concerning the application of this hadith, scholars say: This is proof that the actions and practices of people are ordinarily considered to be correct and appropriate, while deviation or error must be proved.

Hunting
Many Arabs and peoples of other nations formerly lived by hunting; hence the Qur’an and Sunnah have addressed themselves to this matter. Muslim jurists have always treated the subject of hunting under a separate heading, explaining what is lawful and what is prohibited, what is obligatory and what is commendable in this regard, since many animals and birds whose flesh is wholesome are neither tamed nor under man’s control.

In order to render eating them halal, Islam does not require that the throats of such creatures be cut or that the hollow of their throat be pierced, as is required for the slaughter of tame and domesticated animals. It is sufficient to do something of this sort but to a lesser degree, as the circumstances of the hunt permit. People have always followed their instincts while hunting, and Islam does not oppose what is natural and instinctive, but merely adds a few conditions in order to bring hunting, as it brings all the other affairs of Muslims, in accord with its general belief system. Some of these conditions apply to the hunter, others to the game, and still others to the instrument of hunting.

These conditions apply, naturally, only to land game. As for sea game, Allah has permitted all of it without restriction, as was mentioned earlier: The game of the sea is permitted to you and so is its food, a provision for you and for travellers by sea…. (5:99 (96))

Conditions Pertaining to the Hunter
The conditions pertaining to the hunter are the same as those which pertain to the butcher: that he should be either a Muslim, a Jew, a Christian, a Zoroastrian, or a Sabean.

Islam teaches the hunter that he should not hunt merely for sport, taking the life of animals without intending to eat them or otherwise benefit from them. The Prophet (peace be on him) said: If someone kills a sparrow for sport, the sparrow will cry out on the Day of Judgement, ‘O Lord! That person killed me in vain! He did not kill me for any useful purpose.’ (Reported by al-Nisai and by Ibn Hibban in his Sahih.)

Again, he said: Whoever kills a sparrow or anything bigger than that without a just cause, Allah will hold him accountable on the Day of Judgement. The listeners asked, O Messenger of Allah, what is a just cause? He replied, That he kill it to eat, not to simply chop off its head and then throw it away. (Reported by al-Nisai and al-Hakim who said that its transmission is sound.)

Another condition is that the Muslim should not be in the state of ihram (Ihram refers to the state of consecration, physical and spiritual, of the Muslim who is performing hajj, the obligatory pilgrimage, or ‘umrah, the lesser and voluntary pilgrimage. (Trans.)) for hajj or ‘umrah, for at that time he is in a state of total peace and serenity, the sphere of which extends to the animals and birds around him. Even if some game should appear right in front of him so that he could catch or kill it with a spear, it is not permissible for him to do so. This is to test and train the Believer in order to make him strong and patient. As Allah Ta’ala says: O you who believe! Do not kill game while you are in the state of ihram…. ihram…. (5:98 (95))…And hunting is haram for you while you are in the state of ihram…. (5:2(1))

Conditions Pertaining to the Game
One of the conditions pertaining to game is that it should be an animal which man is not able to bring under control in order to slaughter it properly, for, according to the principle, if it is possible to slaughter it, this must be done, and no other choice remains.

Similarly, if one shoots an arrow at the animal or if his hunting dog has brought it down, as long as he reaches the animal while there is still abundant life remaining in it, its throat must be cut. However, although cutting the throat is preferable, if it is barely alive and the hunter leaves it to die without cutting the throat there is no harm in it. According to the two Sahih’s of al-Bukhari and Muslim, the Prophet (peace be on him) said: When you set your dog (for the chase), mention the name of Allah. If he catches the game, and you reach it while it is still alive, cut its throat.

Conditions Pertaining to the Instrument
Instruments of hunting are two kinds:

Weapons, such as swords, arrows, and spears, as mentioned in the ayah: …in the game which you take with your hands and your spears…. (5:97 (94))

Hunting animals which can be trained, such as the dog and the leopard among beasts, and the falcon and hawk among birds. Allah Ta’ala says: Say: Whatever is good is lawful for you. And eat of what is caught for you by those you have trained among hunting animals, teaching them as Allah has taught you… (5:5 (4))

Hunting with Weapons
Two conditions must be met if the game is killed by a weapon.

First, the weapon should pierce the body of the animal, making a wound; death by mere impact does not render it halal. ‘Adi bin Hatim narrated, “I asked the Messenger of Allah (peace be him) about game killed with a weapon (m’irad). He said, “If you hurl the weapon and it pierces the game, eat it, but if it is killed by the blow of its side, do not eat it.” (Reported by al-Bukhari and Muslim.)

This hadith is proof that what makes the game halal is that the body of the animal be pierced, even if the weapon is blunt. Accordingly, game killed by a rifle or pistol or the like is halal as the bullet will penetrate its body even more deeply than an arrow, spear, or sword.

With reference to the hadith reported by Ahmad, “Do not eat what is killed by a banduqah unless you slaughter it,” and the one reported by al-Bukhari on the authority of Ibn ‘Umar, which states that the animal killed by a banduqah is like an animal killed by a blow, it should be noted that banduqah here refers to a ball of clay and not to the modern bullet. The Prophet (peace be on him) likewise forbade throwing stones at the hunted animal, saying, “Throwing stones will not hunt the game or kill an enemy, but it may break a tooth or gouge out an eye.” (Reported by al-Bukhari and Muslim. )

The second condition to be met when hunting with a weapon is that the name of Allah must be mentioned when hurling or striking with the weapon, as the Prophet (peace be on him) instructed ‘Adi bin Hatim, whose reports of a hadith are the source material for this topic. (The above instructions likewise apply to hunting with a gun. (Trans.))

Hunting with Dogs and the Like
If hunting is done with a dog or falcon or the like, the following is required: first, it should be a trained animal; second, it should catch the game for its owner and not for itself, as the Qur’an specifies; and third, the name of Allah must be mentioned while sending it for the chase. The source of these conditions is the following ayah: They ask thee (O Muhammad) what is lawful to them (as food). Say: Whatever is good is lawful for you. And eat of what is caught for you by those you have trained among hunting animals, teaching them as Allah has taught you, and mention the name of Allah over it…. (5:5 (4))

The definition of “training” is well known. It means that the animal so trained is under the control of its owner so that when he calls it, it responds; when he sends it toward the game, it hunts it; and when he restrains it, it halts. The jurists have laid down various criteria for this; however, common sense is a better guide in deciding whether a hunting animal is trained or not.

The definition of “catching the game for its owner” is that it does not itself eat the game. The Prophet (peace be on him) said: “If you send your dog after the game, and it eats part of it, you should not eat of it, for the dog has hunted the game for itself and not for you; but if you send the dog and it kills the game without eating it, you can eat it, as it has caught it for its master.” (Narrated by Ahmad; also reported by al-Bukhari and Muslim.)

Some jurists make a distinction between hunting animals such as dogs and hunting birds such as falcons. Their opinion is that eating game which has been partly eaten by a bird is permissible, while if a dog has eaten from it, it is not allowed.

The reason for laying down these two conditions is, first, to emphasize that the hunting dog should be well-trained, always being under the control of its master, and second, to preserve human dignity by not allowing man to eat the leavings of animals. Finally, we note that a well-trained dog which catches the game for its master is very similar to an inanimate weapon in his hands such as an arrow.

Mentioning the name of Allah while sending the dog for the chase is like mentioning His name while shooting the arrow, hurling the spear, or striking with the sword. The Qur’anic injunction, “mention the name of Allah over it,” has also been emphasized in ahadith, such as that of ‘Adi bin Hatim.

The mandatory nature of this condition has also been demonstrated by the fact that if a dog other than that of the hunter is found at the game, eating of it is not lawful. ‘Adi said to the Prophet (peace be on him), “Suppose I send my dog but I find another dog at the game, and I do not know which dog caught it?” The Prophet (peace be on him) replied, “Do not eat it, for while you mentioned the name of Allah over your dog, you did not mention it over the other dog.”

However, if one forgets to mention Allah’s name while dispatching his weapon or the hunting animal, he can make up for it by mentioning it at the time of eating, for Allah has forgiven the Muslim ummah for the errors it commits due to forgetfulness or error. As was mentioned earlier, this also applies in the case of forgetting to pronounce the name of Allah at the time of slaughtering.

The significance of mentioning the name of Allah over the animal need not be repeated here, as it was explained earlier in connection with slaughtering.

When the Game is Found Dead
It may happen that although the game is struck by the arrow it may nevertheless escape; the hunter may find it some time —perhaps even days—later, dead. In such a case, the game is lawful if it is food under the following conditions:

That it is not found in water. The Prophet (peace be on him) said: “If you shoot an arrow and it kills the animal, you can eat it. But if it is found in water, you do not know whether its death was caused by drowning or by your arrow.” (Reported by al-Bukhari and Muslim)

That it has no wounds other than the wound inflicted by the arrow. ‘Adi bin Hatim asked the Prophet (peace be on him), “What if I shoot an arrow and find the game the next morning with my arrow in it?” The Prophet (peace be on him) replied: “If you know that your arrow killed it, and you do not find any wound inflicted by wild beasts, you may eat it.” (Reported by al-Tirmidhi, who classifies it as sahih. )

That the game has not reached the stage of decay. People of sound taste are naturally revolted and nauseated by rotten meat, and eating it is also likely to be injurious. It is narrated in the Sahih of Muslim that the Prophet (peace be on him) told Abu Th’alabah al-Khashini, “You shoot an arrow but the game disappears for three days. If you then come upon it, you may eat what is not decayed of it.”