19/05/2016
For an animal to be considered Islamically lawful (halal), there are basically three conditions.
a) Most of the four veins (including the Jugular vein, according to some) must be cutwith a knife, blade or any tool that is sharp and has a cutting edge;
b) The name of Allah must be pronounced at the time of slaughtering, whether actually or effectively (such as when it isforgotten by someone who would normally have said it);
c) The slaughterer must be either a Muslim or from the People of the Book (Ahl al-Kitab).
(See: al-Haskafi and Ibn Abidin in Radd al-Muhtar alaal-Durr al-Mukhtar)
Condition (a):-
If the blade was so sharp that it was to totally cut off and separate the head of the bird from the rest of its body, then despite this act being disliked (makruh), the animal would remain lawful (halal).
It is stated in the famous Hanafifiqh work, al-Hidaya:
“If one reached the spinal marrow (nukha’) with the knife or cut off the whole head, the act will be Makruh, although it will be permissible to consume from the animal.”
(al-Marghinani, al-Hidaya, 2/438)
Condition (b):-
The Qur’an is quite clear with regards to the obligation of pronouncing the name of Allah (tasmiyah). Allah Most High says: “Eat not of (meats) over which Allah’s name has not been pronounced. That would be sinful (fisq).”
(Surah al-An’am, 121)
The only exception is the situation when one forgets to pronounce the name of Allah Most High.
Imam al-Haskafi (Allah have mercy on him) from the Hanafi school states:
“An animal slaughtered (zabiha) by other than someone from the people of the book (ahl al-Kitab), such as a fire-worshipper, idol-worshipper,etc will not be Halal…Similarly, the animal on which the name of Allah was not pronounced intentionally (will be haram)…However, if it was left out due to forgetfulness, it would be Halal.”
The great Hanafi jurist, Allamah Ibn Abidin (Allah have mercy on him) explains the above by stating:“Meaning a slaughtered animal will not be lawful to consume (halal) if the name of Allah was intentionally not pronounced whether the slaughterer was a Muslim or from the people of the book (kitabi), because of the(clear) text of the Qur’an and the consensus (ijma) of all the scholars.”
(See: Radd al-Muhtar ala al-Durr, 5/298-299)
Condition (c) :-
Allah Most High says:
“Today are (all) things good andpure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them.”
(Surah al-An’am, V. 5)
However, there is a fundamental principle in the science of the exegesis of the Holy Qur’an (Tafsir) which states, very understandably, that, “One part of the Qur’an explains the other.”
(See: Qurtubi’s introduction to his al-Jami` li Ahkam al-Qur’an, and Suyuti’s al-Itqan fi `Ulum al-Qur’an)
Therefore, this verse should be understood in the light of another verse mentioned earlier relating to the same matter:
“Eat not of (meats) on which Allah’s name has not been pronounced” (al-An’am, 121).
In light of the both verses, it is deduced and understood that the Zabiha of the Ahl al-Kitab is only permissible when the nameof Allah is taken at the time of slaughtering the animal, and the slaughtering itself is done in theproper manner. As mentioned earlier, this condition of reciting the name of Allah is independently necessary.[ref:http://seekershub.org/ans-blog/2014/05/26/the-issue-of-halal-meat-a-detailed-article/ ]
Read the full fatwa here:
http://seekershub.org/ans-blog/2011/05/30/can-we-eat-machine-slaughtered-meat/
