For meat to be Halaal, it depends on the proper Islamic method of slaughtering carried out by a Muslim or by a Kitaabi, of an animal which is permitted for Muslim consumption by invoking on it the Name of Allah at the time of Zibah. If there is even an atom of doubt in the meat being Islamically slaughtered then such meat will be considered as Haraam.
As long as the Zabiha of a Muslim is in the sight of a Muslim, then it is accepted as Halaal. If it is out of the sight or possession of a Muslim then it is doubted and to eat such meat is Haraam for this reason, that as long as an animal is alive it’s consumption is Haraam. It only becomes Halaal after Zibah-e-Shar’i (Slaughtering according to Shari’ah). If there is no proof of Shari’ah whether the animal was slaughtered in accordance with the Laws of Shari’ah then the meat of such an animal is Haraam, since it is proven with Yaqeen that the animal is Haraam, thus how can it be accepted as Halaal only by presuming that the animal was slaughtered by a Muslim. It is in “Al-Ashbah” as follows concerning the purchasing of meat from Majusis: “The meat of a live animal is Haraam, thus the purchaser is bound by the originality of it being Haraam and unless the proper Zibah of such an animal is not proven, it will remain Haraam.”
If a Kaafir says that the meat purchased by him is the Zabiha of a Muslim, then his word will not be acceptable since Halaal and Haraam deal with the matters of Deen and trust. It must be known that in the circumstances of Deen and trust, the word of a Kaafir is unacceptable. It is therefore, stated in “Fathul Qadeer” as follows: “The meat from the butcher of a Polytheist is not Halaal until such time it is proven to be the Zibah of a Muslim, since such meat is in reality Haraam, and the proper slaughter of such an animal becomes doubted.”
Allama Shaami (radi Allahu anhu) has stated as follows in “Raddul Muhtar”: “By the person being a Majusi, it is enough to establish such meat as Haraam even if he claims that it is the Zabiha of a Muslim. The reason for this is that on the basis of trust, integrity, and honesty his word is unacceptable.”
In “Muamilaat” (General Business Affairs), the message of a Kaafir is only accepted on the condition that honesty prevails without doubt. If there is doubt of his message being true in general business affairs, then also one should not act on his words. (Bahare Shariat, vol. 12, page 37)
However, if it is confirmed from the time of slaughter till the time of sale that the meat was not hidden, even for a minute, from the sight of a Muslim, then such meat is Halaal. Likewise, if a person sends his Mushrik servant or slave to buy meat, then such meat will be accepted as Halaal after these three conditions are confirmed:-
1. The Kaafir who purchases and brings the meat is your servant or slave
2. He must also say that he purchased and brought the meat from a Muslim.
N.B.: It is in “Hidaayah” that if a Muslim sends his Majusi servant or slave to purchase meat, then the servant must say that he has purchased this meat from a Muslim or Kitaabi, then only will it be permissable to eat. Since the word of a Kaafir is accepted in general business affairs and if the saying of a Kaafir is in the matter of Diyaanat (Integrity and Trust) – Halaal and Haraam – then his word would have been unacceptable.
It is in “Hidaayah” and other Kitaabs that the pre-requisites of them being slaves or servants is in the basis of Sharaa’it (Necessary Conditions being fulfilled), since the Fuqaha have stated that the meat of the butcher or of the invitation of the house of a Kaafir is Haraam even if they claim it to be the Zabiha of a Muslim.
It is in “Fatawa Qazi Khan” as follows: “If a Christian or a Majusi invites you to eat meat at his house, then for a Muslim to eat this meat, is Makruh-Tahreemi, even though he says that he purchased it from the market-place since the Majusi either strangles or beats the animal to death, and the Christian Zabiha is not valid for Muslims for he kills the animal through strangulation or eats the Zabiha of Muslims.” In exception to this, with regards to meat, where even a slight doubt can make it Haraam, then in such conditions, servant-and slave-purchases would have to be abstained from, then it would be quite difficult. For this reason, in business matters only, their word is accepted and if one is not under your command, his word is unacceptable.
It is stated in “Fatawa Alamgiri” that the word of a Kaafir is accepted in general business matters and unacceptable in matters of religion and integrity. However, if for this reason in Muamilaat, the word of a Kaafir is accepted, then in connection with the words of Diyanat will be accepted since in this time on the basis of necessity, Diyanat on the basis of Muamilaat is accepted.
3. If the person’s heart is sure and confirms that there is no doubt in his heart concerning his servant telling the truth.
It is in “Jawhirah Nay’yira” that in general business matters, the word of a Kaafir is acceptable only if it is confirmed that he is telling the truth and if one thinks that he is lying, then his word should not be accepted. (Bahare Shariat, Vol. 6, pg. 37)
Allama Shaami (radi Allahu anhu) has stated that if his (the servant’s) word is not definite, then to act upon it is disallowed.
The gist of my argument is this, that if imported and exported meat from the time of Zibah up to the time of importing is not in the care of a Muslim, during export it is also out of the sight of a Muslim. Even those involved in exporting do not keep it in their sight. Thus, as soon as this meat is hidden from the sight of a Muslim, then there is no way in which it can be accepted as permissable. If it is known that it is the Zabiha of a Christian of this time and that it is the product of machine slaughter, then such meat is Haraam in the first degree.
May Almighty Allah save us from consuming that which has been forbidden by the Shari’at-e-Mutaharrah. Ameen.
Wallaahu Ta’ala Aalam
Muhaddith-e-Kabeer Hazrat Allama Zia-ul-Mustapha Al-Qaderi Razvi Amjadi
by Shakil Ahmed
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