The laws of Halal and Haram Animals

Allah has granted us human beings with innumerable blessings and bounties. He has made us the best of creation and made other creations subservient to us. Consider the following verses: “Allah is the one who created the skies and the earth and sent down rain from the skies produced thereby some fruits as provision for you.” (14:32) “And He has subjected to you whatever is in the heavens and whatever is on the earth – all from Him.” (45:13) “And indeed, for you in livestock is a lesson. We give you drink from that which is in their bellies, and for you in them are numerous benefits, and from them you eat.” (23:21) “Do they not see that We have created for them from what We have made, grazing livestock, and [then] they are their owners? And We have tamed them for them, so some of them they ride, and some of them they eat.” (36:71-72) However, this does not mean that we can consume anything we wish. Allah Ta’ala has set boundaries for us to adhere to. There are some things that He has declared impermissible in the Holy Quran such as swine (pig) and intoxicants. We may not be able to understand the reasoning behind certain laws and ordainments of Allah Ta’ala, but He alone is the All-Knowing, All-Merciful; the best to decide what is beneficial and harmful for us. This paper hopes to expound on which animals and creatures are permissible and impermissible for us Muslims to consume in the Hanafi school of thought based on the Quran, Ahadith and texts of the illustrious Fuqahaa. A list of permissible and impermissible animals will be provided at the end of the paper. Sea Animals All animals and species that are born and live in the sea/ ocean/ water are impermissible to consume with the exception of all fish. This means that animals such as octopus, dolphins, oysters, clams and crabs are impermissible to consume even though they live in the water whereas animals such as sharks, eels, cod, salmon etc. are permissible to consume regardless of their diet because they are classified as fish. Miscellaneous rulings regarding fish: The only time when fish will be impermissible to consume is when it is taafi (floating) i.e. dies a natural death and floats on the water. If it dies due to any external factor such as heat, cold, an attack from a sea bird (stork etc.), being thrown to the shore, being trapped in a fishing net, colliding with rocks, etc. it will be permissible to consume. If a fish is found in the stomach of a dead fish, it will be permissible to consume. The water a fish lives in will not affect the permissibility of the consumption of the fish, even if the water is impure. There is a difference of opinion amongst the Hanafi scholars in the matter of prawns. Some are of the opinion that they were previously termed as fish (samak) amongst the Arabs therefore they are permissible. Others are of the opinion that they are not fish; rather they are crustaceans therefore impermissible. Due to this difference of opinion, while there a leeway to consume prawns, it is advisable and taqwa to abstain. Note: Sea animals other than fish are makruh tahrimi not haram. (This is mostly a semantic difference, they are still impermissible to consume.) Note: Fish do not need to be slaughtered before they can be consumed. Land Animals The Fuqahaa state that land animals can be classified into three groups: 1. Animals that have no blood, (no red ‘blood’) creatures such as hornets, wasps, spiders, beetles, and scorpions. All animals that fit into this category are impermissible to consume with the exception of locusts because of the numerous Ahadith that have been narrated regarding its permissibility. 2. Animals that don’t have ‘flowing blood’, (dame saail); (blood that gushes out when they are slaughtered) rodents, amphibians and reptiles. All animals that fit into this group are impermissible to consume such as snakes, geckos, tortoise, alligators, lizards, mice, hedgehogs, frogs, insects, creepy crawlies, rodents and reptiles. One of the reasons of the impermissibility of these animals is that for an animal to be Halal in Shariah, dhakat (slaughter) has to take place, and for dhakat (slaughter) to be valid, there must be inhaar ud dam (gushing blood after the slaughter). This is not possible in these animals. Another reason is that these animals are considered to be khabeeth (naturally disliked) as they generally tend to eat dirt, filth and najaasaat (impurities) and Allah Ta’ala has prohibited khabaaith. Consider the following verse. وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ (7:157) Translation: “And making Halal (lawful and permissible) for them wholesome things and prohibiting for them impure things (khabaa’ith)”. There is no difference of opinion amongst the Four Imams (Imam Abu Hanifa, Shafi, Ahmad and Malik radhiallahu anhum) in regards to the abovementioned animals with the exception of lizards which is Halal according to Imam Shafi radhiallahu anhu. Note: The ruling for amphibians is that the laws of land/sea animals will be applied to it respectively depending on where it is born. So if the amphibian is born in sea and lives on the land, it will fall under the category of sea animals, and if it is born on the land and lives in the sea, it will fall under the category of land animals and the appropriate rulings will apply. 3. Animals that have flowing blood: Hereunder are the relevant principles: All species of cows (bulls, bison, mountain cows and buffalos), camels and sheep are permissible to consume. All animals that have sharp teeth, fangs, tusks and canine teeth that they attack with and use as ‘weapons’ are impermissible to consume. If the animals in this category are predators, they will be Haram to consume such as lions, tigers, hyenas, jackals, weasels and otters. If the animals just attack with their teeth/fangs/tusks but are not predators, they will be makruh tahrimi (prohibitively disliked) to consume them such as elephants and hippos. Animals that don’t fall in the aforementioned impermissible categories such as giraffes, deer, addax and moose will be permissible to consume. Animals that burrow and/or live underground such as badgers, armadillos and moles are impermissible to consume. Rabbits, hares and other small animals that are not carnivorous and do not eat insects and/or filth and are not rodents are permissible to consume. Insectivores (animals that eat insects) are impermissible to consume such as anteaters, shrews and tenrec. Monkeys, gorillas, chimps, orang-utans and primates are impermissible to consume. If an animal is a hybrid (as a result of cross breeding etc.) the ruling of the mother will apply e.g. If a donkey and a zebra copulate, the ruling of the mother will apply to it; if the mother was the donkey, it will be impermissible to consume, and if the mother was a zebra, then it will be permissible to consume. Domesticated donkeys are impermissible to consume due to the Ahadith that have been narrated stating their impermissibility. Zebras and wild ass are permissible to consume. There is a difference of opinion amongst the Ahnaf about the ruling of eating horse meat. Imam Muhammad and Abu Yusuf rahmatullahi alaihima are of the opinion that it is permissible to consume horse meat whereas Imam Abu Hanifa rahmatullahi alaihi is of the opinion that it is makruh tahrimi (prohibitively disliked). It has been narrated that Imam Abu Hanifa rahmatullahi alaihi withdrew from his opinion and retracted to the view of Imam Abu Yusuf and Muhammad rahmatullahi alaihima three days before his demise. Keeping all this in mind, we conclude that slaughtering a horse is makruh tahrimi. However, if a horse has already been slaughtered or if the meat is already available to consume, its consumption will be permissible. For example, a person travels to a foreign country or goes to a restaurant where horse meat is readily available, it will be permissible to consume. Note: All the aforementioned animals stated to be permissible to consume will only be so if they are slaughtered in accordance to the laws of Shariah (Islamic dhabah, tasmiyah etc must take place). Note: The following parts of a Halal animal are impermissible to consume: flowing blood, penis, testicles, vulva, glands, urinary bladder and gall bladder. Birds The principle in determining which birds are permissible and which are impermissible to consume is as follows: Birds that hunt with their talons/claws/hooks are impermissible to consume such as eagles, falcons, kites and gledes. Birds that use their beaks/bills/mouths to catch prey (fish etc.) such as storks and pelican are permissible to consume. Birds whose diets consist solely of carrion or filth such as vultures and certain crows are impermissible to consume. Birds whose diets consist of both carrion/filth AND seeds/bird feed will be permissible to consume such as certain chickens and crows. However, if the foul diet causes the meat to smell bad and repugnant, it will be makruh to consume. Birds whose diets solely consist of seeds/grains and bird feed etc. (no carrion or filth) will be permissible to consume such as certain chickens and crows. The above mentioned masaail have been extracted from the following references: مختصرالقدوري، ص٩٦-٩٧، موسسة الريان الجامع الصغير، ص٤٧٥، أدارة القرآن النتف في الفتاوى، ص١٤٩-١٥١، دار الكتب العلمية الدر المختار، ص٦٤٢، دار الكتب العلمية كنز الدقائق، ص٦٠١، دار البشاءر الاسلامية فتاوى قاضيخان، ج٣، ص٢٤٥-٢٤٧، دار الكتب العلمية الفتاوى السراجية، ص٣٧٥-٣٧٧، زمزم الهدايه، ج٤، ص١٠١-١٠٤، دار الفرفور المبسوط للسرخسي، ج١١، ص٢٢٠، دار المعرفة المحيط البرهاني، ج٨، ص٤١٥-٤١٦، ادارة القرآن الفتاوى التاترخانية، ج١٨، ص٤٤٤-٤٥٢، مكتبة زكريا بدائع الصنائع، ج٦، ص١٧٣-١٩٦، دار الكتب العلمية البناية، ج١٤، ص٢٩٩-٣٣٧، المكتبة الحقانية الفتاوى الهندية، ج٥، ص٢٨٩-٢٩٠، مكتبة رشيدية رد المحتار، ج٩، ص٥٠٧-٥١٣، دار المعرفة فقه السنة، ج٣، ص٢٨٦، دار الكتب العربي زبد الأحكام في أكل لحم الحيوان، دار البيروتي شرح مختصر الطحاوي، ج٧، ص٢٧٣-٣٠٤، دار البشاءر الاسلامية حاشية الطحطاوي على الدر المختار، ج٤، ص١٥٤- ١٥٩، غير المطبوع منية الصيادين في تعلم الاصطياد وأحكامه، دار البشاءر الاسلامية حكم الاسلام في أكل لحوم الخيل، دار ابن حزم وغير ذلك من كتب الفقه والحديث And Allaah Knows Best