Almighty Allah Ta'ala in His infinite Mercy has made certain animals halal (permissible) for this Ummah. We are required to be thankful to Him by following the dictates of the Qur'an and Sunnah by ensuring that His name is taken upon slaughtering of the animal. Allah Ta'ala states in the noble Qur'an:
"For every nation We have specified a rite (for slaughtering) so that they may take the name of Allah Ta'ala upon (the slaughter of) the animals granted to them as sustenance." (Al-Hajj 22:34)
"And consume not of that whereupon the name of Allah Ta'ala was omitted (at the time of slaughter). Indeed it is a transgression. Verily the Shayateen inspire their friends to cause division with you. If you obey them, you are indeed Mushriks (ascribing partners to Allah)." (Al-An'am 6:121)
"So take the name of Allah upon them (at the time of slaughter) while they stand in rows." (Al-Hajj 22:36). In reference to Camels which are slaughtered by Nahr (a swift stab of the neck which severs the four arteries) while standing.
"...and such animals upon which they mention not the name of Allah only to fabricate a lie against him." (Al-An'am 6:138)
"Forbidden to you are Maytah (carrion), flowing blood, the flesh of swine and that slaughtered for other than Allah as well as the (animal) expiring by strangulation, illness or pain, falling (from a height), by a wound (sustained through fighting) and by falling to a predator and (about to be consumed), excepting those (animals) upon which you effect Zakah (Shar'ee slaughter)." (Al-Maidah 5:3)
From the above verses the following points are understood:
Meat is not in the same category as other food items.
The most important condition is that tasmiyah (pronouncing the name of Allah) be performed at the time of slaughter. The verses clearly explain the impermissibility of the meat of those animals whose slaughter was not preceded by tasmiyah.
The impermissibility of the meat of those animals whose lives were ended by means other than Zabah (Shar'ee slaughter) of which tasmiyah is a condition. All such animals are Maytah (carrion) and are expressly forbidden.
The Zabiha (animal slaughtered) by a Kafir (non-believer) or Mushrik (polytheist) is haram (unlawful). However, those Ahlul Kitaab (People of the Book) who also believed in the requirement of tasmiyah at the time of slaughter have been excluded from the Kuffaar majority.
The verse number 121 of Al-An'am explains consumption of meat not slaughtered with tasmiyah as fisq - transgression and disobedience. The verse then explains that to regard consumption of such meat as halal is nothing but a teaching of Shaytaan to cause division among the Ummah. The verse also warns that obedience of Shaytaan in this matter is akin to Shirk (ascribing partners to Allah).
Imam Bukhari has quoted this same verse in his magnum opus under the chapter, "Intentional Omission of the tasmiyah at the Time of Slaughter" to the same import as explained by Hafiz ibn Hajar, the renowned commentator of Sahih Bukhari in the following words:
"Imam Bukhari (RA) wishes to point out by citing this verse the reproach against using it as proof to legalize omission of tasmiyah by inventing baseless interpretations of the verse and understanding it in a manner contrary to clear import." (Fathul Bari vol.9 pg.778; Qadeemi)
Intentional Omission of Tasmiyah
The Jurists (Fuqahaa) have unanimously agreed that consumption of an animal slaughtered by a Muslim with intentional omission of tasmiyah or out of Istikhfaaf (regarding it as insignificant) is unlawful (haram). Imam Shaaf'ee (RA) has also concurred with this view. (Jawaahirul Fiqh vol.2 pg.388; Darul Uloom from Kitaabul Umm and Tafseer Mazhari)
Imam Abu Yusuf states:
“The ruling regarding the animal upon which tasmiyah was omitted (at the time of slaughter) is not subject to Ijtihaad (independent deduction of a ruling from Qur'an and Hadith). If a judge rules the permissibility of its sale, his ruling will not be given effect due to it being contrary to consensus of opinion.” (Ibid pg.390; Hidaaya)
It should be noted significantly that the above discussion of impermissibility is with regard to a Muslim slaughterer who intentionally omits pronouncing the name of Allah upon slaughter, not to speak of a non-Muslim.
In the case of a Muslim forgetfully omitting the tasmiyah, the animal will be permissible for consumption as is the ruling of all the four Madhaahib based on the Hadith of Nabi (sallallahu alayhi wasallam), “A believer always slaughters upon the name of Allah, whether he (remembers to) recites it or not.” (Fathul Bari vol.9 pg.793; Qadeemi)
Animals Slaughtered by Modern Day Jews and Christians
“The food of Ahlul Kitaab (People of the Book) is lawful for you as is your food for them.” (Al-Maidah 5:5)
Regarding the word, “Ta'aam” (food), ibn Abbaas, Ibn Umamah, Mujaahid and others, Radi-Allahu anhum, say that it refers to slaughtered animals. This matter (permissibility of these animals) is unanimously agreed upon by all scholars since they also hold the belief of the prohibition of slaughter save in Allah's name and also due to the fact that they mention only the name of Allah Ta'ala upon their animals of slaughter. (Jawaahirul Fiqh vol.2 pg.4040; from Ibn Katheer)
The reason for permissibility has been explained clearly by Allaamah ibn Katheer that due to the unity of belief regarding slaughter between Muslims and the Jews and Christians of that particular time, Allah Ta'ala had permitted consumption of their slaughter. The Ulama of the time had based their rulings on this very same reasoning.
When this unity of belief came into doubt, many great Sahaba, Radi-Allahu anhum, had not hesitated to rule prohibition.
“With regards to a Kitaabi, when he omits tasmiyah (the name of Allah) upon his slaughter and takes some other name, his slaughter is not consumable. This is the ruling of Abu Darda, Ubadah bin Saamit and large faction of the Sahaba, Radi-Allahu anhum.” (Jawaahirul Fiqh vol.2 pg.407; Darul Uloom - from Bahrul Muheet)
Regarding the Christian tribe of Banu Taghlib, Sayyidna Ali, Radi-Allahu anhu, ruled the following:
“Hafiz ibn Jawzi (RA) has narrated with his Sanad (chain of narrators) from Ali, Radi-Allahu anhu, 'Do not consume the slaughter of the Christians of Banu Taghlib since they have not held to any more of Christianity than their drinking of wine.'” (Ibid pg.460 - from Tafseer Mazhari)
It is a well-known fact that the majority of present day Christians and Jews no longer hold this Aqeedah (belief) regarding slaughter. They do not hesitate to consume meat slaughtered by even Pagans and Mushriks (polytheists) and atheists. They have held to even less of Christianity than the Banu Taghlib. Most of them are just Christians and Jews by name, “atheistic” in their beliefs and actions. Their abattoirs employ machine slaughter wherever possible and do not hesitate to employ pagans and polytheists, e.g. Chinese, Koreans, etc. to carry our slaughter.
The Ruling
Based on the above juridical references, Qadhi Thanaullah (RA) a renowned Jurist of his time states the following:
“The correct and accepted view according to us is the first one that the slaughter of the Ahlul Kitaab with intentional omission of tasmiyah (taking the name of Allah) or slaughter in some other name (besides that of Allah) is not consumable, if this fact is ascertained with certainty or this is the condition prevailing among them. By this, the prohibition (of the Sahaba) from consuming the slaughter of the Christian Arabs can be easily understood. Likewise, the ruling of Ali, Radi-Allahu anhu, (regarding the Banu Taghlib)' becomes clear. It is likely that Ali, Radi-Allahu anhu, had ascertained their omission of tasmiyah upon slaughter or that they slaughtered in some other name (besides Allah). A similar ruling has been issued regarding the non-Arab Christians that if it is their normal habit to slaughter without tasmiyah, their slaughter is not consumable. Concerning the present day Christians there is no doubt that their methods do not fulfill requirements of Shar'ee slaughter, but they usually cause the death of their animals by other lethal measures, e.g. machine slaughter, etc. hence, their slaughter is impermissible.” (Jawaahirul Fiqh vol.2 pg.411; from Tafseer Mazhari)
The Correct Understanding of the Hadith of Bukhari
Let us now turn to the hadith in Bukhari that is often by many people to justify the claim that tasmiyah is not required. The hadith is as follows: “It has been narrated from Aisha, Radi-Allahu anha, that some persons said to Nabi (sallallahu alayhi wasallam) 'People bring to us meat. We know not whether the name of Allah Ta'ala has been taken (upon its slaughter) or not? Nabi (sallallahu alayhi wasallam) replied, 'You people say Bismillah and eat it.' Aisha, Radi-Allahu anha, says, 'the people referred to (in this Hadith) were new Muslims.'” (Bukhari vol.2 pg.828; Deoband)
It is clear that the slaughterers were Muslims, not disbelievers. This is further elucidated by Imam Malik (RA)'s narration (of the same Hadith) where the addition of, “this was in the beginning of Islam.” (Fathul Bari vol.9 pg.792; Qadeemi) is found.
To believe that these people were non-Muslims is in fact tantamount to accusing the noble Sahaba of Rasulullah (sallallahu alayhi wasallam) of the heinous crime of consuming meat slaughtered by polytheists which is expressly forbidden in the Qur'an:
“Forbidden to you is carrion… and that slaughtered for other than Allah.” (Al-Maidah 5:3)
The actual meaning of this Hadith, as understood by similar narrations is that one should not entertain unfounded doubts about a Muslim that he would neglect to mention the name of Allah upon his slaughter.
“This is what is understood by the context of the Hadith since the answer of Nabi (sallallahu alayhi wasallam) to the question was, 'Say Bismillah and eat.' It is as though they (questioners) were told, 'That is not your concern, rather what should concern you is to consume it (wholesomely in the Sunnah manner) by saying Bismillah before partaking thereof.” (Fathul Bari vol.9 pg.793; Qadeemi)
Hafiz ibn Abdul-Barr (RA) has emphasized this point very clearly:
“Similarly, the slaughter of the Bedouin Muslims will be permissible (for consumption) since they usually know of the tasmiyah (at the time of slaughter).” Ibn Abdul Barr (RA) has concluded, “In this Hadith, it is understood that the slaughter of a Muslim should be consumed and he should be regarded as having performed tasmiyah upon its slaughter (even when one is not certain about this fact) because with regards to a Muslim, one should entertain nothing but good thoughts unless concrete evidence is established to the contrary.” (Fathul Bari vol.9 pg.793; Qadeemi)
This import is borne out by other narrations of this same Hadith as follows:
“The narration of Ibn Uyayna (RA) (one of the Huffaaz of Hadith) has the addition, 'accept their oaths and eat', i.e. take their word for it that they have taken tasmiyah upon slaughter (and partake without doubts).” (Ibid pg.793)
The Narration of Abu Sa'eed
Imam Tabrani has recorded the narration of Abu Sa'eed though with a difference in wording that he said, “Accept their word that they have effected (Shar'ee) slaughter.” (and consume it without doubt). (Ibid)
The Narration of Imam Tahawi (RA)
“Some of the Sahaba, Radi-Allahu anhum, asked Rasulullah (sallallahu alayhi wasallam) that, 'Some Bedouins bring to us meat, cheese and fat. We know not the condition of their Islam, (i.e. they are Muslims but of what caliber, we are unaware).' Nabi (sallallahu alayhi wasallam) replied, 'Check that which is prohibited by Allah and abstain therefrom. In whatever Allah Ta'ala has not discussed, he has given you a concession. Your Rabb (Lord) does not forget. Thus, say Bismillah (and partake).” (Ibid)
Explaining this Hadith, Allaamah ibn Teen comments:
“Concerning tasmiyah upon slaughter carried out by others of which they are unaware, there is no obligation upon them regarding it. The (slaughter) will only be held incorrect when such evidence is established. Allah Ta'ala has not made it obligatory upon any Muslim to be aware of tasmiyah upon the slaughter of another Muslim, since the slaughter of another Muslim will be always regarded as correct (accompanied by tasmiyah) unless evidence is established to the contrary.” (Ibid pg.794)
The above should be sufficient to clarify any doubt in the meaning of the Hadith of Bukhari.
Importance of Muslim Unity with Regards to halal Meat
Shaytaan is ever prepared to bring about division as this will inevitably lead to the collapse of the Muslim Ummah. In his untiring efforts, he has overlooked no sphere of life to cause his mischief even to the extent of nourishment. Allah Ta'ala has warned us of Shaytaan's inroads in this regard as has been explained already. Shaytaan, possessed of a keen intelligence and discernment knows full well that once the Muslims cannot interact and mix with one another due to suspicion in regards to halal and haram, this will bring about the much awaited split in the global community of Islam. To combat this, it is required that Muslims take courage and band together to solve this problem, irrespective of color and race, since the commands of Allah Ta'ala are universal. Due to this solidarity, the Muslims of South Africa, although a minority (around 3 - 4 %) have progressed far ahead in eliminating this problem. With a bit of extra physical and monetary sacrifice, they have managed to establish their own abattoirs in different parts of the country.
If Muslims in other parts of the world who have, Alhamdulillah, become a sizeable community were to show such unity and get together, there is every confidence that the problem would be eliminated with little difficulty.
To conclude this, let us ponder upon the following words of Nabi (sallallahu alayhi wasallam) :
“The lawful is clear and the unlawful is clear. Between these lie matters of confusion. Regarding these, many are ignorant. Whomsoever falls into these, falls into the unlawful, like a shepherd grazing (his flock) upon a sanctuary's perimeter very soon falls into trespass. Beware! Every king possesses a sanctuary and the sanctuary of Allah Ta'ala are His prohibitions. Take note! In the body there is a piece of flesh such that when it is good the entire body is good; when it is corrupt the whole body is corrupted. Listen! It is the heart.” (Arba'een Nawawiy)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai, www.ask-imam.com
FATWA DEPT.
There are several issues with Kosher:
In Judaism, the rules and methods of slaughtering are not open and published. Unlike in Islam, where any adult sane Muslim can slaughter an animal by following the rules prescribed by Shariah, in Judaism only one kind of Rabbi, known as the Sachet, may slaughter Kosher animals. The Sachet is specially trained for this purpose and no other Jew can slaughter an animal.
Although Jews say that they slaughter in the name of God, we do not know what else they say in Hebrew while slaughtering. Their prayers and methods of slaughtering are in the hands of a few people and are not generally known.
The Sachet does not say prayers on all animals he slaughters at a time. Instead, he only says prayers on the first and last animals he slaughters. For example, if a Sachet has to slaughter ten cows, he will only say the prayer on the first and tenth cow while slaughtering, saying nothing on the cows in between.
This method of slaughtering is not similar to the method prescribed by Sharia for Hanafi sect, nor is it similar to the practice of Ahle-kitab at the time of our beloved Prophet Mohammed Sallallahu Alaihi Wasallum. Meat slaughtered by Ahlekitab was considered halal because of similarity in the slaughtering method and in the Niya at that time.
These are the reasons why most Ulama do not consider Kosher meat halal.
If a Muslim is not in danger of death, he must avoid eating haram food at any cost. If halal meat is not available, one can eat fish or vegetables or can even go to the slaughter house to slaughter an animal himself. There are many halal food stores online who can ship frozen Zabiha meat or Zabiha meat food products overnight. There is no excuse to eat non-zabiha meat or kosher meat in USA.
Zabiha products can easily be found in a big city like New York City. In addition, there are many Muslim-owned restaurants that serve zabiha meat and there is no excuse to eat Kosher.
[Webmaster Note: Purchasing Kosher meats also provides income to Jews who would most-likely support the illegal occupation of Palestine by Israeli forces. Since there is no need to buy Kosher (for the majority of us in the US), buy Halal to support your Muslim brothers/sisters instead.]
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Naturally Brewed Soy Sauce
by Syed Rasheeduddin Ahmed
The naturally brewed soy sauce is made with soybeans, salt and wheat. The soybeans are steeped in water for 16 hours; then the soaked beans are dehulled and cooked. The beans mixed with wheat flour or grit are inoculated with fungi Aspergillus orzyae and incubated for three days with occasional stirring. This is called the Koji stage. The resulting material is mixed with brine. A ferment dominated by yeasts and lactic acid bacteria then develops, this being Mormi stage. After an incubation of one month to three years, a dark salty liquid with a pleasant savory aroma is drained from the fermentation vessel, clarified, pasteurized and packaged for sale. Yeast growth is vigorous during incubation period and the production of carbon dioxide indicates that an alcoholic fermentation is taking place. Typically, a full brewed soy sauce will contain between 1 and 2 % (V/V) ethanol. Due to the presence of 2% alcohol, a spirit duty is imposed on naturally brewed soy sauce in United Kingdom.
There are two kind of soy sauce is available in USA and Canada. One is naturally brewed soy sauce supplied by Kikkoman Company with 1.7% or more alcohol and the other is the acidified hydrolyzed soy protein soy sauce (All purpose Seasoning) by ConAgra's Company under LA Choy brand name. The Kikkoman Soy sauce (made with soybean, wheat and salt) is a haram product due to the presence of 1.7% or more alcohol. La Choy soy sauce is a halal soy sauce, which is made with water, hydrolyzed soy protein, corn syrup, caramel color and potassium sorbate with kosher symbol K.
Most Chinese restaurants use naturally brewed soy sauce in cooking the Chinese foods such as vegetable fried rice and also provide it in the bottles on the serving tables. Some Chinese restaurants also supply the soy sauce in small packets with ingredient list and have been found to contain acidified soy protein hydrolyzed soy sauce and not the haram soy sauce.
A Chinese restaurant on Devon Ave. in Chicago made Chinese food with zabiha meat but cooked with --- and supplied for table use--- haram soy sauce from Kikkoman Company.
Muslims are advised to inquire about the use of Kikkoman soy sauce in preparation of Chinese foods such as vegetable fried rice and soy sauce supplied in bottles on serving tables.
Not All Whey Is Made the Same Way
by Syed Rasheeduddin Ahmed
Whey is the watery portion of milk remaining after milk coagulation and removal of the curd. Whey can be obtained by acid, heat, and rennet coagulation of milk. There are two types of whey:
Sweet Whey: Sweet whey is manufactured during making of rennet type hard cheese like cheddar or Swiss cheese.
Acid Whey: Acid whey (also known as sour whey) is obtained during making of acid type of cheese such as cottage cheese.
In addition to its liquid form, whey is also produced in the following solid forms:
Whey solids or powder: This is obtained by drying the liquid whey and used as milk replacement in bakery products, ice cream, dry mixes and beverages.
Whey Protein Concentrate: is the dry portion of whey obtained by the removal of sufficient non-protein constituents from whey so that the dry product contains not less than 25% protein.
Most of the whey used in different food products is obtained as sweet whey from rennet types of hard cheeses.
Whey is concentrated to obtain sweet/acid whey powder, condensed whey, Delactose powder as the primary products and protein, lactose as secondary products.
Composition of Whey
Fluid Sweet Whey Fluid Acid Whey Dried Sweet Whey Dried Acid Whey
Total Solid 6.35 6.5 96.5 96
Moisture 93.7 93.5 3.5 4
Fat 0.5 0.04 0.8 0.6
Protein 0.8 0.75 13.1 12.5
Lactose 4.85 4.9 75 67.4
Ash .5 0.8 7.3 11.8
Lactic Acid .05 0.4 0.2 4.2
(Source: Cheese and Fermented Milk Foods by Frank Kosikowski)
Fundamentals of Whey Making
The procedure of whey making is similar to cheese making until the curd is formed. It starts with propagating the mother cultures (cultures are actually microorganism such as bacteria) on media (media is food material providing protein, fat, carbohydrate and nutrients to bacterial cultures) and followed by bulk culture propagating on media. The bulk cultures are added to the milk and then rennet preparation is added to milk to form curd in case of sweet whey. The whey is separated and dried.
For acid whey, lactic acid mother cultures are grown on media and then bulk culture are propagated and added to skim milk to make cottage cheese (cottage cheese is also made with the use of rennet). Whey is separated after curd formation and dried as a powder.
Halal Status of Whey
The media and the type of rennet may influence the halal status of whey produced from them. The following are the requirements for us to be completely sure that the whey is halal:
Mother culture media has to be halal.
Bulk culture media has to be halal.
Microbial rennet preparation has to be used.
Dryers where liquid whey is dried to make whey solid or powder should not be used to dry animal based media and rennet whey to avoid contamination.
It is advised that we restrict ourselves to Only halal or kosher certified whey as shown by the halal or kosher symbols such as UD, KD, and COR. Non-halal or Kosher certified whey made even with non-animal based media and microbial rennet is not recommended because the cheese manufacturer can change the media and rennet source any time without notifying Muslim consumers.
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Spirit and Wine Vinegar
Q: I would be grateful if you could tell me whether spirit vinegar and wine vinegar are halal. I remember reading somewhere that because of the chemical process involved in distiling the vinegar it was not considered alcohol. Is this true?
A: It is true. Spirit and wine vinegar, both are halal.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai, www.ask-imam.com
FATWA DEPT.
Naturally Brewed Soy Sauce
by Syed Rasheeduddin Ahmed
The naturally brewed soy sauce is made with soybeans, salt and wheat. The soybeans are steeped in water for 16 hours; then the soaked beans are dehulled and cooked. The beans mixed with wheat flour or grit are inoculated with fungi Aspergillus orzyae and incubated for three days with occasional stirring. This is called the Koji stage. The resulting material is mixed with brine. A ferment dominated by yeasts and lactic acid bacteria then develops, this being Mormi stage. After an incubation of one month to three years, a dark salty liquid with a pleasant savory aroma is drained from the fermentation vessel, clarified, pasteurized and packaged for sale. Yeast growth is vigorous during incubation period and the production of carbon dioxide indicates that an alcoholic fermentation is taking place. Typically, a full brewed soy sauce will contain between 1 and 2 % (V/V) ethanol. Due to the presence of 2% alcohol, a spirit duty is imposed on naturally brewed soy sauce in United Kingdom.
There are two kind of soy sauce is available in USA and Canada. One is naturally brewed soy sauce supplied by Kikkoman Company with 1.7% or more alcohol and the other is the acidified hydrolyzed soy protein soy sauce (All purpose Seasoning) by ConAgra's Company under LA Choy brand name. The Kikkoman Soy sauce (made with soybean, wheat and salt) is a haram product due to the presence of 1.7% or more alcohol. La Choy soy sauce is a halal soy sauce, which is made with water, hydrolyzed soy protein, corn syrup, caramel color and potassium sorbate with kosher symbol K.
Most Chinese restaurants use naturally brewed soy sauce in cooking the Chinese foods such as vegetable fried rice and also provide it in the bottles on the serving tables. Some Chinese restaurants also supply the soy sauce in small packets with ingredient list and have been found to contain acidified soy protein hydrolyzed soy sauce and not the haram soy sauce.
A Chinese restaurant on Devon Ave. in Chicago made Chinese food with zabiha meat but cooked with --- and supplied for table use--- haram soy sauce from Kikkoman Company.
Muslims are advised to inquire about the use of Kikkoman soy sauce in preparation of Chinese foods such as vegetable fried rice and soy sauce supplied in bottles on serving tables.
What You Should Know About Organ Transplants
Many Islamic scholars and Jurists have written on the subject of organ transplant. Over the decades, medicine has improved and advanced dramatically, taking medical technology to extreme heights.
Today, through the vast medical advancement, almost any transplant of the human body can be performed. Owing to the technological medical changes, prominent and renowned jurists of the world have carefully analysed the process of organ transplant and upon investigation made the following observations:
When any person's limb or organ becomes unusable and that limb or organ is needed to function in the future by a suitable replacement then the following conditions must be considered:
Use of a non-living component.
Use the limb of those animals permissible to eat and slaughtered according to the Islamic rites of slaughter.
There is almost certain fear of loss of life or danger of losing the limb/organ and the replacement is only found in Haraam animals or in permissible animals (which can be eaten) but not slaughtered according to Islamic rites, then use of such a component will be permissible. However, if there is no imminent danger of loss of life then it will not be permissible to use anything from the pig.
Similarly, a transplant of any nature whatsoever is permissible from one part to another part of the body of the same person when necessary.
The sale of any part of the human body is Haraam.
If any ill person reaches a stage that a specific organ becomes unusable (to such an extent) that if a human organ is not replaced into the body then there is an immediate danger of loss of life -- the human organ is the only suitable replacement and medical experts are absolutely certain that besides the human organ, there is no other life-saving substitute and the patients' life is in danger, and the human organ is easily available to the patient, then in that dire need a human organ transplant (to save one's life) will be permissible for the sick.
When a perfectly healthy person on the advice of an expert physician confirms that the removal of one kidney will not harm nor cause ill-health whatsoever and considering the deteriorating health of his sick immediate family member which may cause death and there is no other alternate or substitute then this will be permissible with the condition that the kidney be donated and not sold.
The bequest (Wasiyyat) of a person that after his death, his organs be donated is forbidden in Shariah.
Mufti Ebrahim Desai, www.ask-imam.com
FATWA DEPT.
Music and the Duff (drum)
Q: Is it permissible to listen to Islamic songs with the sound of music in the background? Some people assert that beating of the Duff (drum) isestablished in Hadith.
A: To assert on the basis of some Ahaadith that to listen to Islamic songs with music in the background is incorrect. Several Ahaadith clearly prohibit the use of the drum as well as other musical instruments. Consider the following Ahaadith:
Hadhrat Ibn Mas'ood (Radhiallaahu Ánhu) reports that Rasulullah (Sallallaahu Alayhi Wasallam) declared every wine, gambling, beating of drums and every intoxicant as Haraam. (Abu Dawud)
Hadhrat Ali (Radhiallaahu Ánhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) prohibited the beating of drums. (Kanzul Ummaal)
The Kubah (drum) is Haraam. (Bayhaqi; Musnad Bazzar)
These Ahaadith are general and prohibit the beating of the drum. Those who claim that the beating of drums is permissible generally use the Hadith wherein it is reported that Rasulullah (Sallallaahu Alayhi Wasallam) said, 'Announce the Nikah even though it be with the Duff.' (Mishkat)
In another narration, it is reported that Rasulullah (Sallallaahu Alayhi Wasallam) passed by little girls who were beating drums. (Ibn Maajah)
However, to use these Ahaadith to substantiate the beating of drums as a musical instrument is baseless. The beating of drums on the occasions was for the purpose of announcement of a Nikah or the arrival of somebody or the sighting of the moon. There is no evidence whatsoever that drums were used merely for 'entertainment'. Rather it is reported that when Umar (Radhiallaahu Ánhu) heard the sound of beating drums, he would send a person to inspect the occasion. If it was a Nikah (which was being announced by means of the drum) he would keep quiet. Otherwise, he would punish those involved. (Fathul Qadeer)
In contemporary times there is no need to use the drum to announce any occasion, nor is it used for such purposes. In these times, it is used commonly as a musical instrument. The use of the drum as a musical instrument is expressly forbidden as has been clearly ascertained from the Ahaadith mentioned in the beginning. Also, music itself is expressly forbidden in Deen. Allah Ta'ala says:
Almighty Allah Taãla says in the Noble Qurãn: 'And there are some people who purchase idle talk. for them is a severe punishment'. Ibn Masóod (Radhiyallaahu Ánhu) says that this verse was revealed regarding singing.
Rasulullah (Sallallaahu Álayhi Wasallam) said, 'Allah ordered me to destroy musical instruments.'
Rasulullah (Sallallaahu Álayhi Wasallam) said, 'People from my Ummat will drink wine and give it other names and singing girls and musical instruments will be played before them. Allah will cause the earth to swallow them, and disfigure their faces into apes and pigs.'
Rasulullah (Sallallaahu Álayhi Wasallam) mentioned, 'When singing girls and musical instruments becomes common, wait for red winds, earthquakes, the earth swallowing people, disfiguring and many more punishments.' (Mishkãt 470)
In the light of the above, it is not permissible to hear Islamic songs having the sound of beating drums in the background.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai, www.ask-imam.com
FATWA DEPT.
Valentine's Day, Birthdays, and Other Daze
by Khalid Baig, Albalagh
There is a group of practices that we can consider as the twin sister of bid'ah. Like bid'ah they flourish on the twin foundations of ignorance and outside influence. Like bid'ah they entail rituals. But unlike bid'ah the rituals have not been given an Islamic face. They are followed because they are considered an acceptable cultural practice or the hottest imported "in" thing.
Most of those who indulge in them do not know what they are doing. They are just blind followers of their equally blind cultural leaders. Little do they realize that what they consider as innocent fun may in fact be rooted in paganism. That the symbols they embrace may be symbols of unbelief. That the ideas they borrow may be products of superstition. That all of these may be a negation of what Islam stands for.
Consider Valentine's Day, a day that after dying out a well deserved death in most of Europe (but surviving in Britain and United States) has suddenly started to emerge across a good swath of Muslim countries. Who was Valentine? Why is this day observed? Legends abound, as they do in all such cases, but this much is clear: Valentine's Day began as a pagan ritual started by Romans in the 4th century BCE to honor the god Lupercus. The main attraction of this ritual was a lottery held to distribute young women to young men for "entertainment and pleasure"--until the next year's lottery. Among other equally despicable practices associated with this day was the lashing of young women by two young men, clad only in a bit of goatskin and wielding goatskin thongs, who had been smeared with blood of sacrificial goats and dogs. A lash of the "sacred" thongs by these "holy men" was believed to make them better able to bear children.
As usual, Christianity tried, without success, to stop the evil celebration of Lupercalia. It first replaced the lottery of the names of women with a lottery of the names of the saints. The idea was that during the following year the young men would emulate the life of the saint whose name they had drawn. (The idea that you can preserve the appearance of a popular evil and yet somehow turn it to serve the purpose of virtue, has survived. Look at all those people who are still trying, helplessly, to use the formats of popular television entertainments to promote good. They might learn something from this bit of history. It failed miserably) Christianity ended up doing in Rome, and elsewhere, as the Romans did.
The only success it had was in changing the name from Lupercalia to St. Valentine's Day. It was done in CE 496 by Pope Gelasius, in honor of some Saint Valentine. There are as many as 50 different Valentines in Christian legends. Two of them are more famous, although their lives and characters are also shrouded in mystery. According to one legend, and the one more in line with the true nature of this celebration, St. Valentine was a "lovers'" saint, who had himself fallen in love with his jailer's daughter.
Due to serious troubles that accompanied such lottery, French government banned the practice in 1776. In Italy, Austria, Hungry, and Germany also the ritual vanished over the years. Earlier, it had been banned in England during the 17th century when the Puritans were strong. However in 1660 Charles II revived it. From there it also reached the New World, where enterprising Yankees spotted a good means of making money. Esther A. Howland, who produced one of the first commercial American Valentine's Day cards called--- what else--- valentines, in the 1840s, sold $5,000 worth--when $5,000 was a lot of money--the first year. The valentine industry has been booming ever since.
It is the same story with Halloween, which has otherwise normal human beings dressing like ghosts and goblins in a reenactment of an ancient pagan ritual of demon worship. Five star hotels in Muslim countries arrange Halloween parties so the rich can celebrate the superstitions of a distant period of ignorance that at one time even included the shameful practice of human sacrifice. The pagan name for that event was Samhain (pronounced sow-en). Just as in case of Valentine's Day, Christianity changed its name, but not the pagan moorings.
Christmas is another story. Today Muslim shopkeepers sell and shoppers buy Christmas symbols in Islamabad or Dubai or Cairo. To engage in a known religious celebration of another religion is bad enough. What is worse is the fact that here is another pagan celebration (Saturnalia) that has been changed in name ---and in little else--- by Christianity.
Even the celebration considered most innocent might have pagan foundations. According to one account, in pagan cultures, people feared evil spirits - especially on their birthdays. It was a common belief that evil spirits were more dangerous to a person when he or she experienced a change in their daily life, such as turning a year older. So family and friends surrounded the person with laughter and joy on their birthdays in order to protect them from evil.
How can anyone in his right mind think that Islam would be indifferent to practices seeped in anti-Islamic ideas and beliefs? Islam came to destroy paganism in all its forms and it cannot tolerate any trace of it in the lives of its followers.
Further, Islam is very sensitive about maintaining its purity and the unique identity of its followers. Islamic laws and teachings go to extra lengths to ensure it. Salat is forbidden at the precise times of sunrise, transition, and sunset to eliminate the possibility of confusion with the practice of sun worship. To the voluntary recommended fast on the tenth of Muharram, Muslims are required to add another day (9th or 11th) to differentiate it from the then prevalent Jewish practice. Muslims are forbidden to emulate the appearance of non-Muslims.
A Muslim is a Muslim for life. During joys and sorrows, during celebrations and sufferings, we must follow the one straight path --- not many divergent paths. It is a great tragedy that under the constant barrage of commercial and cultural propaganda from the forces of globalization and the relentless media machine, Muslims have begun to embrace the Valentines, the Halloween ghost, and even the Santa Claus. Given our terrible and increasing surrender to paganism the only day we should be observing is a day of mourning. Better yet it should be a day of repentance that could liberate us from all these days. And all this daze.
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The Harms of Gheebat (backbiting)
by Brother Ismail
Gheebat (backbiting) is perhaps the most commonly committed sin of the tongue. Most people who are religious conscious would refrain from lying, swearing, slandering, etc. However, even such people invariably become entrapped in the snare of Shaitaan and allow their conversation to drift into gheebat. Indeed only the one who has a firm control of his tongue can be saved from this malady, but what is gheebat?
It is thus imperative that Gheebat be accurately identified and recognized in order to be able to refrain from it. The Ahaadith have defined this malady very simply and clearly. It is reported in a hadith that Rasulallah (saw) once inquired of the Sahaba (ra): "Do you know what is gheebat?" "Allah and His Messenger know best," they replied. "To mention something about your brother which he would dislike" Rasulallah (saw) informed them.
A person then asked: "What if this is true?" (That the person being spoken about is actually involved in that sin). The Messenger of Allah (saw) replied: "If it is true then you have indeed backbitten about him. But if it is untrue, then you have slandered him (which is worse)."
Hence to mention anything about a person in his absence which he would dislike is gheebat. The magnitude of the sin, the gravity of this malady could be gauged from the following Ahaadith. Rasulallah (saw) is reported to have said: "Gheebat is worse than zina (adultery)." In another hadith it is reported that there are more than seventy stages of consuming interest, the lowest of which is equivalent to cohabiting with one's mother. To consume one Dirham of interest is worse than committing adultery thirty five times.
However, a sin more severe than interest is the dishonoring of a Muslim (which is a natural consequence of gheebat). (Baiqahi) Engaging in gheebat is also an extremely costly affair. It is reported in a Hadith that on the day of Qiyamah the person who was backbitten about would claim retribution from the one who spoke ill of him. Allah (swt) will compensate the victim by handing over the good deeds (the currency of the Hereafter) of the culprit to him. If the latter has no good deeds to his credit, the sins of the victim would be transferred to him.
Hence the Salah, Sawn, Zakat, Hajj, etc. of a person would all be lost due to gheebat. A tremendous loss indeed! How often do we engage in gheebat, yet regard ourselves as free from this crime? This is due to certain misconceptions. Many people assume that gheebat does not apply if one could mention the same facts about a person in his presence. How often does a person retort: "This is not gheebat. I can say it to his face." This, however, is the deception of Shaitaan. The Ahaadith contain no such restriction which excludes the above from the purview of gheebat.
Likewise many people believe that gheebat only applies if the sin of the spoken person is not known. This is another misconception. If the sin is well known, it is gheebat only, however, if such a sin of a person was discussed which the next person was unaware of, two severe sins have been incurred; one is the sin of gheebat, and the other is the sin of disclosing the fault of another Muslim.
Is Music Haram?
Al-Haadi Vol. 10 Issue No. 4
Q: Is music haraam? Some people are propagating the view that it is not Haraam. Many Islamic songs are sung with the playing of the duff. Is it permissible to listen to them? Also, some Islamic songs are recorded with the zikr of “Allah” played in the background. It sounds very much like drums are being played. However, it is a group of people who are saying “Allah” in unison. Is there any problem in listening to this?
A: Hazrath Anas (R.A.) reports that Rasulullah (Sallallahu Alaihi Wasallam) said: “There will certainly be people from my Ummah who will attempt to legalize fornication, the wearing of silk (for males), the consuming of wine and the use of musical instruments” (Al-Jaamius Sagheer - Pg. 139). Indeed this prophesy of Rasulullah (Sallallahu Alaihi Wasallam) is glaring before us. Despite the clear prohibition of the use of musical instruments, great efforts are being made to “legalize” their use. While some people wish to declare all music permissible, others are opening the door slowly by declaring that only the use of the “duff” is permissible. Thus it is necessary to examine the reality of these claims in the light of the Qur’an and Sunnah.
In Surah Luqman Allah Ta’ala declares:
“And among the people are those who purchase idle talk in order to mislead others from the path of Allah in ignorance.”
Hazrath Abdullah bin Masood (R.A.) states emphatically that this verse was revealed regarding singing and musical instruments. The same has been reported from Hazrath Abdullah bin Abbas (R.A.) and Hazrath Jaabir (R.A.) (Tafseer Qurtubi). Thus when these illustrious students of Rasulullah (Sallallahu Alaihi Wasallam), who witnessed the revelation of the aayaat (verses) of the Qur’an are clear that this verse prohibits music and musical instruments, the “view” of any twentieth century “scholar” to the contrary holds no weight.
BLOCK OUT SOUND
Various Ahadith also clearly prohibit music and the use of musical instruments. Hazrath Abdullah bin Umar (R.A.) reports that once Rasulullah (Sallallahu Alaihi Wasallam) heard the sound of the flute of a shepherd. He immediately placed his fingers into his ears (to block out the sound) (Musnad Ahmad). How tragic it is that our beloved Rasulullah (Sallallahu Alaihi Wasallam) blocks his ears to the sound of music but his Ummah opens their ears wide to the same sounds. In another narration Rasulullah (Sallallahu Alaihi Wasallam) is reported to have said: “ Verily Allah Ta’ala has sent me as a guidance and as a mercy to the Believers and He has commanded me to destroy musical instruments” (Musnad Ahmad).
DUFF
As for the duff, it is also a musical instrument and therefore it will primarily be included in the above prohibition. However, some concession was given for the use of the duff on the occasion of a Nikah. The Sahaaba (R.A.), who were the direct students of Rasulullah (Sallallahu Alaihi Wasallam) understood the commands of the Qur’an and Hadith far better than we can ever hope to understand. It is reported regarding Hazrath Umar (R.A.) that if he heard the sound of a duff he would immediately send somebody to investigate. If it was found to be the occasion of a Walima, he would not do anything. Otherwise he would go for his whip (i.e. he would forcefully stop the playing of the duff) (Fathul Qadeer - Vol. 6, Pg. 389).
EXTRACTING LAWS
Nevertheless, to extract the laws of Shariah directly from the Qur’an and Sunnah is possible only for one who is a mujtahid [in the calibre of the four great Imaams viz. Imaam Abu Hanifa (R.A.), Imaam Malik (R.A.), Imaam Shaafi (R.A.) and Imaam Ahmad bin Hambal (R.A.)]. Together with an expert in-depth knowledge of the Qur’an and hundreds of thousands of Ahadith, they had also mastered all the numerous sciences pertaining to the Qur’an and Sunnah.
According to the Zaahirur Riwayah (the most authentic narrations) of the Hanafi school of thought, the use of the duff is completely disallowed. Latter day scholars who have attributed a restricted permissibility to the Hanafi school have erred. This complete disallowal is based on the Juristic principle of “saddan lil baab” i.e. to restrict an act that would invariably lead to impermissible actions.
The Shafi’ee Ulama have permitted the use of the duff only on the occasion of a walima subject to several conditions. Allamah Ibn Hajar Makki, Shafi’ee has detailed the various conditions, among which is that the duff should not be beaten in a manner that produces a musical sound, but rather just a simple beating which does not produce any tune or melody. Only the palms may be used to beat the duff and not the fingers. It should also be beaten only for a short while. Having stated this he says that “in our era it is makrooh to beat the duff” (since people cannot fulfil the stringent conditions).
Therefore in the light of the above one should not listen to such nazams which are accompanied by the playing of the duff.
BACKGROUND ZIKR
As for the “background zikr,” this should be considered very carefully. What is the purpose of having people say “Allah” in unison in the background? Is it for the purpose of zikr itself? If yes, then why in the background? If the purpose is to create a background effect to make the nazam more entertaining, in the manner that background music is used, this is an extremely dangerous thing. It is abuse of the name of Allah Ta’ala. The name of Allah Ta’ala is not for the purpose of entertainment. If it has been deliberately made to resemble the beating of drums, it will be even more serious and even dangerous for one’s Imaan. One should totally refrain from listening to such nazams.
What is a Bid'ah?
The word "Bid'ah" literally means innovations. In Shari'ah, it means to introduce something new in Deen which was never done before and not part of Deen.
There are two types of innovations: a) Regarded as Deen – this is absolutely Haraam; and b) Not regarded as Deen, e.g. computers, technology, plans, etc. – this is not Haraam.
From this, the majority Ulama agreed upon this that there is Bid'at Hasanah and Bid'ah Sayyi-a.
Bid’at Hasanah – everything that is beneficial and does not contradict nor go against the Qur’aan and Sunnah. It is acceptable and falls under Bid’ah Hasanah, e.g. construction of Madaaris, hospitals, library, compilation of books. In a Hadeeth Shareef, Rasulullah (Sallallaahu Alayhi Wasallam) encourages us towards those works that will benefit us without going against the Qur’aan and Sunnah.
Bid’ah Sayyi-ah is that which goes against the Qur’aan and Sunnat. This is absolutely Haraam, e.g. forming another way of worship, etc. (Maqaalat Kawthari pg.111)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai, www.ask-imam.com
FATWA DEPT.
Halal And Haram in the Quran and Hadith
TRANSLATED VERSES OF THE QURAN
“O ye who believe! Eat of the good things wherewith We have provided you, and render thanks to Allah if it is (indeed) He whom ye worship” (2:172).
“He hath forbidden you only carrion, and blood, and swineflesh, and that which hath been immolated to (the name of) any other than Allah. But he who is driven by necessity, neither craving nor transgressing, it is no sin for him. Lo! Allah is Forgiving, Merciful” (2:173).
“O ye who believe! Fulfill your undertakings.The beast of cattle is made lawful unto you (for food) except that which is announced unto you (herein), game being unlawful when ye are on pilgrimage. Lo! Allah ordaineth that which pleaseth Him” (5:1)
“Forbidden unto you (for food) are carrion and blood and swine-flesh, and that which hath been dedicated unto any other than Allah, and the strangled, and the dead through beating, and the dead through falling from a height, and that which hath been killed by (the goring of) horns, and the devoured of wild beasts, saving that which ye make lawful (by the death-stroke), and that which hath been immolated unto idols.
And (forbidden is it) that ye swear by the divining arrows. This is an abomination. This day are those who disbelieve in despair of (ever harming) your religion; so fear them not, fear Me! This day have I perfected your religion for you and completed My favour unto you and have chosen for you as religion Al-Islam. Whoso is forced by hunger, not by will, to sin: (for him) lo! Allah is Forgiving, Merciful” (5:3)
“They ask thee (O Muhammad) what is made lawful for them. Say: (all) good things are made lawful for you. And those beasts and birds of prey which ye have trained as hounds are trained, ye teach them that which Allah taught you; so eat of that which they catch for you and mention Allah’s name upon it, and observe your duty to Allah. Lo! Allah is swift to take account” (5:4)
“This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions and liven with them in honour, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter” (5:5).
“And eat not of that whereon Allah’s name hath not been mentioned, for lo! it is abomination. Lo! the devils do inspire their minions to dispute with you. But if ye obey them, ye will be in truth idolaters” (6:121).
FROM THE HADITH
On the authority of Abu Huraira (may Allah be pleased with him), who said: The Messenger of Allah said: “Allah the Almighty is good and accepts only that which is good. Allah has commanded the Faithful to do that which He commanded the Messengers, and the Almighty has said: “O ye Messengers! Eat of the good things, and do right..” (Quran 23:51). And Allah the Almighty has said: “O ye who believe! Eat of the good things wherewith We have provided you..” (2:172). Then he mentioned [the case of] a man who, having journeyed far, is disheveled and dusty and who spreads out his hands to the sky [saying]: O Lord! O Lord!-while his food is unlawful, his drink is unlawful, his clothing unlawful, and he is nourished unlawfully, so how can he be answered!” (Muslim).
On the authority of Abu Ya’la Shahddad ibn Aus, the Messenger of Allah said: “Verily Allah has prescribed proficiency in all things. Thus, if you kill, kill well; and if you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters” (Muslim).
In an incident narrated by Rafi’ bin Khadij, the Prophet told Muslims who wanted to slaughter some animals using reeds, “Use whatever causes blood to flow, and eat the animals if the Name of Allah has been mentioned on slaughtering them...” (Bukhari).
Narrated Abu Thalaba: Allah’s Messenger forbade the eating of the meat of beasts having fangs (Bukhari).
Narrated Ibn Umar: The Prophet cursed the one who did Muthla to an animal (i.e. cut its limbs or some other part of its body while it is still alive (Bukhari).
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