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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 does "All the deeds of the son of Adam are for him, except fasting" mean?

The Prophet ﷺ said: "Allah, the Almighty, said: 'Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it." [Agreed upon]
This means:
● Every deed of the son of Adam may be affected by showing off (riyaa’), except fasting, because only Allah knows whether a person is truly fasting or not.
● The reward for all deeds is known—one good deed is multiplied tenfold—except fasting, as only Allah knows its true reward.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

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