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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, (Dhimmis: non-Muslims living under the protection of an Islâmic government. (Trans.)) 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 becpermissible to him, for an Islâmic community is like a
single body supporting its members or like a fortified wall in which each brick strengthensthe 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 Allâh, as he denied him his right and was one of the rebellious. Allâh 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 Allâh.’ (49:9)
One who denies the rights of his brother is a rebel against Allâh. That is why Abû Bakr al-Siddiq fought
against those who refused to pay zakat (while professing to be Muslims). (Al-Muhalla by Ibn Hazm, vol.
6, p. 159.)
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 Rabb 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, Allâh 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 Rabb is not forgetful. (19:64)
Prohibited Terrestrial Animals
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As far as terrestrial or land animals are concerned, Allâh has prohibited only the eating of pork, the flesh
of any animal which dies of itself or is sacrificed to anyone other than Allâh, and the drinking of blood.
These prohibitions are explicitly mentioned in the text of the Qur‘ân, comprising, as we have seen, four
major and ten minor categories.
At the same time, the Qur‘ân says concerning Allâh’s Messenger (s.a.w.s.): "He...makes lawful to them
what is good and makes unlawful what is foul...." (7:157)
Foul things are those which, although some individuals may like them, people generally find detestable.
As an instance of this, on the day of the confrontation of Khaibar, the Prophet (s.a.w.s.) forbade the
eating of the flesh of domesticated donkeys. (Compiled by al-Bukhâri. Concerning this hadith, it is said
that the prohibition of eating donkeys was temporary and was due to an emergency, as donkeys were
needed for riding. This is similar to a situation in which, due to a shortage of meat, a government may
prohibit the slaughtering of young animals so they may grow bigger or the hunting of deer in a particular
season, etc.)
Another example of the same thing is provided by a hadith narrated by both al-Bukhâri and Muslim,
which states that the Prophet (s.a.w.s.) “forbade the eating of any wild animals with a canine tooth and of
any bird with talons.” “Wild animals” denotes those which prey on others and devour them by tearing
them apart, e.g., the lion, leopard, wolf, and the like; birds with talons such as the hawk, eagle, falcon,
etc., do the same.
According to Ibn ‘Abbas, nothing is haram other than the four categories mentioned in the Qur‘ân, while
what the Prophet (s.a.w.s.) forbade, such as beasts of prey, are to be regarded as makruh (detestable)
rather than reaching the degree of haram. Said Ibn ‘Abbas: The people of the time of jahiliyyah ate
certain foods and avoided others, according to their whim. Then Allâh sent His Prophet (s.a.w.s.) and
revealed His Book, and He legislated what is permissible and what is prohibited. Accordingly, what He
permitted is halal, what He prohibited is haram, and that concerning which He is silent is allowed. Ibn
‘Abbas then recited, Say: I do not find in what is revealed to me anything prohibited to an eater in his
food. Say: I do not find in what is revealed to me anything prohibited to an eater in his food. Say: I do not
find in what is revealed to me anything prohibited to an eater in his food. (6:145) (Compiled by Abû
Daoud as the saying of Ibn ‘Abbas.)
On the basis of this ayah, Ibn ‘Abbas argued that the flesh of domesticated donkeys is permissible.
Imam Malik agrees with him on this matter, considering beasts of prey makruh rather than haram.
The jurists agree that cutting the throat of a prohibited animal does not render it halal. However, it then
becomes permissible to use its skin without tanning it.
The Requirement of Slaughtering in the Islâmic Manner
Land animals which are permissible as food are of two kinds. The first consists of those animals which
are tame or domesticated, such as camels, cows, goats, poultry, and other fowl which are raised on a
farm or in the house, while untamed and wild animals are of the second type. In order to render their
flesh halal, Islâm requires that animals of the first category be slaughtered in the manner prescribed by
Islâm.
The Conditions of Islâmic Slaughtering
According to the Shari‘ah, the legal purification of the flesh of animals requires that the following
conditions be met:
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