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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 (s.a.w.s.) said, “Treat them as you treat the People of the
Book.” (Compiled by Malik and al-Shafi‘i. What comes at the end of this hadith, “Do not marry their
women nor eat their meat,” is not considered authentic by the compilers of Ahadith.)
The Prophet (s.a.w.s.) accepted jizyah from the Zoroastrians of Hajar. (Compiled by al-Bukhâri 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.”
(Ibn Hazm’s opinion undoubtedly carries great weight. He was very meticulous in applying the texts of
the Qur‘ân and Ahadith, as well as being knowledgeable concerning the history of nations and their
customs. Al-Baghdadi, in his book Al-Farq Bayn al-Firaq, states: “The Magians (Zoroastrians) claim that
Zoraster was a prophet” Some modern Islâmic scholars who have conducted researches into ancient
cultures, such as Abul Kalam Azad, support this view.) Likewise the Sabeans are classified by Abû
Hanifah as belonging to the category of People of the Book. (Some researchers of our time have
attempted to extend the circle of People of the Book to include idolatrous such as Hindus and Buddhists,
but they are stretching the matter too far. See, for example, Tafsir al-Manar, vol. 6, in the interpretation of
the ayah, “The food of those who were given the Scripture is permitted to you,” in the chapter dealing
with the food of idolatrous and marriage to their women.)
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 6laughter meet the Islâmic conditions? Was the name of Allâh 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 wasaid to the Prophet (s.a.w.s.): “People bring us meat
and we do not know whether they have mentioned the name of Allâh over it or not. Shall we eat it or
not?” And the Prophet (s.a.w.s.) replied, “Mentionthe name of Allâh (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‘ân 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, Islâm 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 Islâm does not oppose what
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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, Allâh 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 a Muslim, a Jew, a Christian, a Zoroastrian, or a Sabean.
Islâm 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 (s.a.w.s.) said: If someone kills a
sparrow for sport, the sparrow will cry out on the Day of Judgement, ‘O Rabb! That person killed me in
vain! He did not kill me for any useful purpose.’ (Compiled 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, Allâh will hold
him accountable on the Day of Judgement. The listeners asked, O Messenger of Allâh, 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. (Compiled
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 Allâh
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 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-Bukhâri and Muslim, the Prophet
(s.a.w.s.) said: When you set your dog (for the chase), mention the name of Allâh. 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:
a.
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))
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