By: Dr. Yusuf Al Qardawi
Animal Sacrifices
- The tenth caof prohibited animal food is that which has been sacrificed to idols. During the period of jahiliyyah, stone altars stood in front of the idols around the Ka’aba, and the polytheists would slaughter animals on or close to these altars in order to seek nearness to the deities to which the altars were assigned.
Such immolation is similar to “that which has been dedicated to anyone other than Allah,” as both involve the glorification of false deities. The difference is that in case of “that which has been dedicated to anyone other than Allah,” the slaughtering did not take place in the vicinity of the idol and only its name was mentioned over the object of sacrifice, while in the latter case the immolation was done in front of the idol or on the altar assigned to it, and it was therefore unnecessary to mention its name.
Since these altars were in the vicinity of the Ka’aba, it was possible to imagine that these sacrifices were meant to render homage to the Sacred House. The Qur’an, through an explicit declaration, removed this possibility from the minds of people, classifying this practice in the same category as that which is dedicated to anyone other than Allah.
The Exemption of Sea Food and Locusts
The Islamic Shari’ah has exempted fish, whales, and other sea creatures from the category of “dead animals.” When the Prophet (peace be on him) was asked about the sea, he replied, Its water is pure and its dead are halal.1
Says Allah Ta’ala: The game of the sea is permitted to you and so is its food…. (5:99 (96)) and ‘Umar explained, “Its game is what is caught from it and its food is what is thrown out from it,” while Ibn ‘Abbas said, “Its food is its dead (animals).”
In the two Sahihs of al-Bukhari and Muslim, it is reported on the authority of Jabir that the Prophet (peace be on him) once sent some of his Companions on an expedition. They found a dead whale by the sea and subsisted on it for more than twenty days. On their return to Madinah, they told the Prophet (peace be on him) about this and he said, Eat the food which Allah has brought forth for you, and feed us from it if you have any left. They then brought him some whale meat and he ate it.2
By the same token, locusts are exempted from the category of “dead animals.” The Prophet (peace be on him) gave permission to eat dead locusts, as the question of slaughtering them does not arise. Said Ibn Abu Awfa, “We went with the Prophet (peace be on him) on seven expeditions, and we ate locusts with him.”3
Making Use of the Skin, Bones, and Hair of the Animal
The prohibition concerning the dead animal is limited to the eating of its flesh. One can—in fact, one should—make use of its skin, horns, bones and hair, for throwing them away is a waste, and waste is not permitted. Concerning this, Ibn ‘Abbas narrated: The freed maid-servant of the Prophet’s wife, Maymunah, was given a sheep, and it died. The Prophet (peace be on him) passed by its carcass and said, ‘Why did you not take its skin to be tanned and use it?’ They replied, ‘But it is deed.’ The Prophet (peace be on him) said, ‘What is prohibited is eating it.’ 4
The Prophet (peace be on him) made it clear that the way to purify the skin of a dead animal is to tan it. He is reported to have said, “The tanning of the skin is its slaughtering,”5 meaning that just as slaughtering makes the eating of the flesh of a sheep or cow halal, likewise tanning makes the use of the skin halal. He also said, “Tanning removes its impurity,”6
And “If the skin is tanned, it is purified.”7
The application of these latter ahadith is quite general, including the skin of the dog or the pig. This was the opinion of the jurists of the Zahiri school, of Abu Yusuf, the pupil of Abu Hanifah, and of al-Shawkani. Sawdah, the wife of the Prophet (peace be on him), said “One of our sheep died, so we tanned its skin and used it as a waterskin, putting dates in it to sweeten the water. We used it until it wore out.”8
Necessity Dictates Exceptions
All the above-mentioned prohibitions apply in situations in which one has a choice. However, in case of a necessity a different rule applies, as was discussed earlier. Allah Ta’ala says:
…He has explained to you what He has made haram for you, except that to which you are compelled… (6:119)
And after mentioning the prohibitions concerning the flesh of dead animals, blood, and so, He says:
…but if one is compelled by necessity, neither craving (it) nor transgressing, there is no sin on him; indeed, Allah is Forgiving, Merciful. (2:172-173)
The consensus of the jurists is that necessity in this case signifies the need for food to alleviate hunger when no food other than the prohibited food is available, some jurists holding the opinion that at least one day and one night should pass without food. In such a situation a person may eat as much will satisfy his hunger and thus save himself from death. Said Imam Malik, “The amount of it is what will alleviate his hunger, and he should not eat more than what will keep him alive.” This, perhaps, is the meaning of Allah’s words, “neither craving (it) nor transgressing,”—that is, neither desiring it nor eating more than necessary. That hunger can be a compelling need is expressly mentioned in the Qur’anic ayah:
…but if one is compelled by hunger, without any inclination to sin, then indeed Allah is Forgiving, Merciful. (5:4 (3))
Medical Necessity
Concerning the question of whether some of the prohibited food substances can be used as medicine, there is a difference of opinion among jurists. Some do not consider medicine to belong in the category of a compelling necessity like food, and in support of their position they cite the hadith: “Assuredly Allah did not provide a cure for you in what He has prohibited to you.”9
Others consider the need for medicine equal to that of food, as both are necessary for preserving life. In support of their position that prohibited food substances may be used as medicine, they argue that the Prophet (peace be on him) allowed ‘Abd al-Rahman bin ‘Awf and al-Zubair bin al-‘Awwam to wear silk because they were suffering from scabies. 10
Perhaps this latter view is closer to the spirit of Islam which, in all its legislations and teachings, is concerned with the preservation of human life. However, taking medicine containing some of the haram substances is permissible only under the following conditions:
1. The patient’s life is endangered if he does not take this medicine.
2. No alternative or substitute medication made from entirely halal sources is available.
3. The medication is prescribed by a Muslim physician who is knowledgeable as well as God-fearing.
We may, however, add that on the basis of our own observations and the opinions of expert physicians, we have arrived at the conclusion that there hardly exists any medical necessity which requires ingesting what is haram, as for example, taking medicine. Nevertheless, we have stated this principle in case a Muslim happens to be in a place where he cannot find medications other than those which contain haram substances.
Necessity Does Not Exist if the Society Possesses Excess Food
Consider a situation in which an individual does not have enough to eat but other people, Muslims or dhimmis,11 in his community have excess food. In such a case he does not fulfill the stipulation of being in a state of necessity and consequently haram foods do not be permissible to him, for an Islamic community is like a single body supporting its members or like a fortified wall in which each brick strengthens the other.
The concept of social solidarity is expressed very forcefully by the great jurist Imam Ibn Hazm, who said, The Muslim is not in a state of necessity such that it becomes permissible for him to eat the flesh of dead animals or swine as long as someone else, whether a Muslim or a dhimmi, has excess food. It is obligatory on the person having food to feed the one who is hungry, and that being the case, the hungry person is not compelled to resort to the flesh of dead animals or swine. If the person having excess food denies it to him, he has a right to fight for it. If he (the hungry person) is killed, the killer is guilty of murder and consequently subject to qisas (retaliation), while if he kills the denier of food he has dispatched him to the curse of Allah, as he denied him his right and was one of the rebellious. Allah Ta’ala says: ‘And if one of them transgresses against the other, fight against the one who transgresses until he complies with the command of Allah.’ (49:9)
One who denies the rights of his brother is a rebel against Allah. That is why Abu Bakr al-Siddiq fought against those who refused to pay zakat (while professing to be Muslims).12
All Marine Animals Are Halal
Depending on their habitats, animals are of two kinds: either marine or terrestrial. Marine animals, that is, those which live in water and cannot survive outside it, are all halal. It does not matter in what way they are obtained: whether they are taken out of the water dead or alive, whole or in pieces, whether they are fish or marine animals, whether they are called sea dogs or sea hogs, or whether they are caught by a Muslim or a non-Muslim. The Most Generous Lord has opened wide His bounty upon His servants by permitting them to eat all marine animals, without the requirement of bleeding; man has been left free to catch them in whatever manner he is able, avoiding any unnecessary cruelty as far as possible. Reminding us of His favors, Allah Ta’ala says:
And it is He Who has subjected the sea (to you) in order that you may eat fresh meat from it…. (16:14)
The game of the sea is permitted to you and so is its food, a provision for you and for travelers by sea…. (5:99 (96))
Praise be to Him for not having excluded anything, for Thy Lord is not forgetful. (19:64)
References:
1- Reported by Ahmad and other compilers of the Sunnah.
2- Reported by al-Bukhari.
3- Reported by all the authentic collections of ahadith excepting that of Ibn Majah.
4- Reported in all the authentic collections of ahadith excepting that of Ibn Majah.
5- Reported by Abu Daoud and al-Nisai. 6- Reported by al-Hakim.
7- Reported by Muslim and others.
8- Reported by al-Bukhari and others. 9- Reported by al-Bukhari on the authority of Ibn Mas’ood.
10- The text of this hadith is quoted in the subsection of this book entitled “Clothing and Ornaments.” 11- Dhimmis: non-Muslims living under the protection of an Islamic government. 12- Al-Muhalla by Ibn Hazm, vol. 6, p. 159.