Question
What do the respected Scholars of Islam say regarding the following: In many Muslim slaughterhouses in the UK, the animal is rendered unconscious before slaughtering by administering a mild electrical current. This does not kill the animal, but has an effect of about up to a minute during which the animal remains motionless, and slaughtering it becomes easier. The operators of the slaughterhouses claim the voltage of this stun is so low that there is no danger of the animal dying. Is it permissible to slaughter in this way? And what is the ruling regarding the meat of an animal slaughtered in his way? And if the stunning lessens the blood flow at the time of slaughter, what would be the ruling?
Answer
The practice of rendering animals unconscious before slaughtering, which is carried out in different ways, consists of a number of undesirable and objectionable elements, for example:
a. If this act is such that it causes the animal to lose all its senses and consciousness completely, then there is a risk that it will have caused the animal's death before slaughter, especially if the animal was weak or ill.
b, If this act is such that it does not cause the animal to lose all its senses and consciousness completely (such as a mild electrical shock that merely immobilizes the animal), then there is a strong possibility that the animal's pain and suffering will have been unnecessarily increased, since the pain of slaughter remains due to its not being unconscious, and the pain and stress of the electrical shock will have been administered additionally without any need.
c. If this act makes the animal weak (compared to its normal and natural condition), and at the time of slaughter the animal is not at its full physical strength, then there is a risk that this will cause a reduction in the amount of blood that will flow from it at the time of slaughter, compared to what might have flowed in the case of the animal being fully conscious and in full possession of its senses and physical strength, and to undertake such a course of action deliberately is to oppose and counter a Shar'i requirement of slaughter (i.e. the discharge of flowing blood).
d. If the amount of blood discharged is reduced due to the animal's weakness, then there is a risk that the remaining (nondischarged) blood will be absorbed into the meat of the animal, and this is an undesirable outcome both from a medical point of view and also according to Shari'ah.
e. If the person undertaking this way of slaughter believes it to be a less stressful and painful method than the prescribed Shar'i manner, then this is tantamount to believing an invented method to be superior to a revealed one, and it means that the person believes the revealed method of slaughter to be painful and cruel, which is ‗close to disbelief ‗.
(Ref: Imdadul-Fatawa, Vol. 3, P. 605-8 and Ahkamuz-zaba-ih, P. 55-6)
Due to these reasons, it is not correct in terms of Shari'ah to render an animal unconscious before slaughter. And in fact Hakimul-Ummah Maulana Ashraf Ali Thanwi (Rahmatullahi Alaih) has used the words ‗evil innovation, corruption of faith' and ‗against Shari'ah' to describe this practice.
Allaamah Abdul Wahhaab Sha'raani (Rahmatullah alayh), who was a renowned Shaafi Faqeeh and among the greatest Auliya of the 10th Islamic century, commented on medical treatment as follows: ―A general pledge was taken from us by Rasulullah (Sallallahu alayhi wasallam) that we shall resort to medical treatment with the Name of Allah Azza Wa Jal recited on the (body) portion of the illness and pain. We should not call a medical practitioner (hakeem or doctor) except if the sickness is not eliminated by means of the Thikr of the Name of Allah Ta'ala.
The reason for the sickness not being cured with the Thikr of the Name of Allah, is weakness of Aqeedah (Belief) in the Name of Allah Azza Wa Jal. If the yaqeen of a person is strong, even a mountain will move when the Name of Allah is recited.
When my Shaikh, Shaikh Ameenuddeen would take an oath that something should move, it (the inanimate object) would move.
Shaikh Abdul Qaadir Ad- Dashtuti (Rahmatullah alayh) said: ―Do not seek medical treatment from a hakeem except after you have not been cured by means of ruqyah, and be steadfast with Sabr. When there is the real need for a physician, then ensure that he is a Muslim. The hakeem has an effect in the shifa' (cure) by means of his focus on Allah Ta'ala. This is not so regarding the Yahood and Nasaara who are the enemies of Allah. They cannot provide shifa for us according to Allah Ta'ala. Therefore, O my Brother! Beware of seeking medical treatment from the Yahood (and kuffaar in general), for verily, it is in violation of the pledge.‖ (End of Allaamah Sha‟raani‟s naseehat)
Ruqyah refers to the Duas and Tasbeehaat prescribed by Rasulullah (Sallallahu alayhi wasallam) for shifa'(cure).
(MANUFACTURING)
In terms of the Shariah, Al- Istisnaa‟ is the sale of a product yet to be manufactured. While it is not permissible to sell products which are ma‟doom (not in existence), certain items may be sold by way of Al-Istisnaa‟.
This has been permitted from the era of Rasulullah (Sallallahu alayhi wasallam) due to the need and the Taamul (general practice) of the people since time immemorial. Since this practice was permitted by Rasulullah (Sallallahu alayhi wasallam), Qiyaas (Shar‟i logic) will be set aside. According to Qiyaas this practice should not be permissible in view of the prohibition of selling ma‟doom products. This is a prohibition declared by our Nabi (Sallallahu alayhi wasallam).
There are however, conditions for the validity of Istisnaa‟. There must be Ta-aamul on the products. The description of the item to be made should preclude any scope for dispute. A time limit may not be fixed for the delivery of the manufactured product. The material required for the product will be that of the seller, not of the buyer. The buyer retains khiyaar rooyat (the right of refusing acceptance of the product after seeing it). Thus if the buyer is displeased, he cannot be compelled to purchase the product.
Since Al-Istisnaa‟ is Bay‟ (sale), all conditions applicable to sale contracts will apply. The only exception is that the non-existence of the product is overlooked. The actual sale comes into effect only after the manufactured product has been presented to the buyer, and he accepts it if he has approved of it. The seller also has the right to sell the product he has made to someone else. He is not under obligation to sell it to the one who had requested it. If someone offers him a higher price, for example, he may sell it to
that person.
Selling off-plan
Selling fixed property off-plan is not permissible by way of Istisnaa‟. The primary reason for impermissibility is the vast scope for dispute, and the fact that there never was Ta-aamul on this practice which has developed in recent years. The condition of khiyaar rooyat is completely cancelled. The sale is confirmed prior to the building of the property while in a valid Istisnaa‟ deal the sale is transacted after production and the approval of the buyer.
Experience has proven the vast scope for dispute due to ambiguity and much fraud in this sphere. Many people have lost millions after being conned by scoundrels. It is not possible to fully describe every facet of the property to be built. Scoundrels will use inferior materials without the prospective buyer realizing. The quality of workmanship too is ambiguous and creates problems and dispute.
Regarding fixed property, the original Nass is applicable, namely, Rasulullah (Sallallahu alayhi wasallam) prohibited products which are ma‟doom.
According to the Shaafi' Math -hab Istisnaa‟ is not permissible.
CURRENCY - ITS PHANTOM TRAIL
This table shows a condensed history of the foreign exchange rate of the Zimbabwean dollars to one US Dollar:
The South African Rand is heading the same way.
FRAUD AND DECEIT
In its report on the ‗halal' racket, CAIR-Chicago says:
―7. There are inconsistencies between the halal standards and the disclosure form that the halal act requires to be filled out and posted by anyone in the halal business. For example, there are no questions on the disclosure form addressing humane slaughter issuesissues that are, in any case, moot, unenforceable, and unrealistic in the current industry.
8. Finally, the disclosure form allows for fraudulent misrepresentation of products, one of the major reasons for enacting the halal act. It lists numerous questions that allow for multiple standards, some higher than others. But halal businesses only have to truthfully answer questions that pertain to the standards of "their" certifying agency. Any questions beyond the scope of these narrow criteria can be falsely answered without any liability. In addition, how many businesses are going to seek out the higher standards when the economic environment we are choosing to operate in would make it difficult and unprofitable?‖
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(Arabic passage, page 24 of the original PDF)
(Arabic passage, page 24 of the original PDF)
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 01
- PDF page
- 21
Verbatim verified against the source PDF
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