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Commentary by Iftaa' Dept. on Putting down Rabid Dogs
Author : The General Iftaa` Department
Date Added : 03-01-2018

In the Name of Allah, The Entirely  Merciful, The Especially Merciful

 

Commentary by the General Iftaa` Department on the Fatwa Concerning Putting Down Rabid Dogs.

Islam calls for treating all creatures with mercy and kindness, and this  general directive covers all creatures: humans, animals, birds and plants. Allah, the Exalted, said, " but do good; for God loveth those who do good."{Al-Baqarah, 195}. Moreover, the Prophet Mohammad(PBUH) said, "Verily Allah has prescribed Ihsan (kindness) for everything"{Muslim}.

Not only that, but Islam has also encouraged helping animals survive, and set a reward for whoever does that, as reflected in the following Hadith where the Messenger of Allah (PBUH) said, "While a man was walking on his way he became extremely thirsty. He found a well, he went down into it to drink water. Upon leaving it, he saw a dog which was panting out of thirst. His tongue was lolling out and he was eating moist earth from extreme thirst. The man thought to himself: 'This dog is extremely thirsty as I was.' So he descended into the well, filled up his leather sock with water, and holding it in his teeth, climbed up and quenched the thirst of the dog. Allah appreciated his action and forgave his sins". The Companions asked: "Shall we be rewarded for showing kindness to the animals also?" He (PBUH) said, "A reward is given in connection with every living creature".[Al-Bukhari and Muslim].

In addition, Allah has made preserving the life of an animal amongst the acts that bring a person closer to Him. The Messenger of Allah(PBUH)said, "There was a dog moving around a well whom thirst would have killed. Suddenly a prostitute from the prostitutes of Bani Isra'il happened to see it and she drew water in her shoe and made it drink, and she was pardoned because of this."{Muslim}.

The Messenger of Allah(PBUH) has also forbidden harming animals because they have lives, and they perform a function in this universe. Ibn Mas'ud (May Allah be pleased with him) reported:

We were with the Messenger of Allah (PBUH) in a journey when he drew apart (to relieve nature). In his absence, we saw a red bird which had two young ones with it. We caught them and the red mother bird came, beating the earth with its wings. In the meantime the Prophet (PBUH) returned and said, "Who has put this bird to distress on account of its young? Return them to her." He (PBUH) also noticed a mound of ants which we had burnt up. He asked, "Who has set fire to this?" We replied: "We have done so." He (PBUH) said, "None can chastise with fire except the Rubb of the fire." {Abu Dawud}.

Torturing an animal and killing it unrightfully is among the sins for which a person receives punishment on the Day of Resurrection since the Prophet Mohammad(PBUH) said, "A woman was punished because she had kept a cat tied until it died, and (as a punishment of this offence) she was thrown into the Hell. She had not provided it with food, or drink, and had not freed her so that she could eat the insects of the earth."{Bukhari & Muslim}.

In conclusion, this shows that Islam is the religion of kindness and mercy to all creatures. Therefore, it is impossible that the Iftaa` Department or the Grand Mufti would violate that, and whatever news was circulated by media concerning the Fatwa of putting down rabid dogs or waging a holy war against dogs in general is inaccurate and was based on a misinterpretation. This is because that particular Fatwa was about killing the rabid dog which bit the two-year-old girl, Malak al-Qaraan, causing her death. If the harm of such a dog couldn`t be warded off save by killing it then that is permissible. In addition, no Fatwa was issued permitting the killing of every stray dog.

*See attached copy of the Fatwa in question. And Allah knows best.

General Iftaa` Department.

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Summarized Fatawaa

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.