Animal Welfare in Islamic Law

Download as pdf or txt
Download as pdf or txt
You are on page 1of 48

Prof. Dr.

Kristen Stilt
Professor of Law and History
at Northwestern University in Chicago.
We thank both

“Animal People ” and


“Marchig Animal Welfare Trust”
for their support that made this book possible.
In the name of God
the Most Compassionate and Merciful
Scientific Report on the book
“Animal Welfare in Islam Law”
by Professor Dr. Kristen Stilt

Praise be to God and prayers and peace upon the final Prophet, our
esteemed Prophet Muhammad son of Abdullah, mercy and blessings
upon Him. May God’s prayers be upon Him and His family, His
companions, those who came in the generation after Him, and all those
who follow in their path to the day of judgment. God’s prayers also
upon all of the Prophets and Messengers who preceded Him.
Professor Dr. Kristen Stilt wrote a book entitled “Animal Welfare in
Islamic Law.” It consists of forty-eight (48) medium-sized pages and
includes an Introduction and the following contents:
1. Introduction
She presented some examples of poor treatment of animals in daily
life by people who have control over the animals. The book presents
evidence on this topic to clarify the correct ways of treating animals.
The book serves as a guide in matters related to ideal treatment of
animals in daily life. Likewise it serves as a reminder to people of
the divine rules and the fine human values that Islam calls for in
treatment of animals.
2. Islam is a Religion of Mercy
She showed in this part that the meaning of mercy that Islam brought
extends to include all creatures, including animals. She presented
many legal proofs that support what she wants to say.
3. The History of Islam and the Value of Animal Welfare
She discussed events from Islamic history and remaining architectural
monuments that indicate that the Muslims had understood very well
what Islam called for in terms of kindness to animals.


4. Human Responsibility for Animals
She clarified the Islamic legal basis for animal welfare, and she does
not limit it to merely moral or literary recommendations but also
includes legal rulings that have the strength of legal requirements.
She showed that ignoring these rules amounts to a wrong for which
the wrongdoer will be held accountable. This responsibility extends
to whoever takes responsibility for an animal, beginning with the
animal’s owner and extending to society’s obligation as a whole and
to whoever may make decisions on an animal’s behalf.
5. Work Animals (Donkeys, Horses, and Camels)
She identified the Islamic laws that have been revealed regarding
these animals that show the requirement and importance of kindness
to them. In Islam, they have an unsurpassed high status, undertaking
work that they were created to do, praising God. On account of this,
it is necessary to treat them not as neglected things, but as beings
with reverence and with value for humans in their daily lives.
6. The Dog: Victim of Misunderstanding
She presented solid evidence to refute the imaginary conflict that
has appeared in the legal texts that discuss the dog. She showed
that the legal significance of these texts is limited to situations in
which actual harm is caused or to a failure to clean well a bowl that
a dog has licked. Likewise, the legal rules on keeping a dog only
deal with keeping a dog for no reason or merely for the purpose of
bragging or mere decoration. Keeping a dog for these frivolous
reasons denies the dog the joy of freedom and exercise that it loves,
and withholds from it guarding or hunting, the art of which they can
learn, thereby helping humans in their activities. She dealt with these
proofs very carefully and with an honest desire for uncovering the
truth with neutrality and objectivity. She accomplished this without
violating any opinion in Islamic law or showing bias against any
view, even to the point of showing opposing views. She showed
reverence in what she wrote on this delicate topic and presented an
acceptable view, and showed a strong understanding, for which she
is thanked.

 Animal Welfare in Islamic Law


7. The Cat: Constant Companion to Humans
She showed that the cat has a particular place in Islamic law and
history. Its appearance was a part of daily life, without causing
trouble or anxiety from the perspective of ritual purity of the animal
or the leftovers of its food or drink.
8. When is the killing of animals acceptable?!
She explained the legal rules according to which this procedure must
be carried out. It must only be done in situations in which harm
from the existence of the animals is absolutely clear and certain, or
when the animal is injured in an accident such that it is impossible
for the animal to remain living without extreme pain. In these cases,
it is permissible to kill the animal in a merciful way, after taking
the opinion of a specialist in the veterinary sciences or pharmacy or
someone with a high level of experience in judging the status of the
life of the animal.
Killing an animal for these reasons is different from slaughter,
which must occur with mercy to ensure the absence of physical or
psychological pain. This should occur with the sharp blade of a knife
and without slaughtering one animal in front of the other, and without
pulling the animal violently and painfully to slaughter. She explained
the report transmitted about ‘Umar bin Al-Khattab that he punished the
person whom he saw roughly pulling a sheep by one of her legs. He
said: “Take her to her death gently.” This explanation assists in making
a determination on the matter of transporting animals for long distances.
It is necessary to carry it out in a beautiful and extremely humane way,
and this is what this report supports and what the noble actions of the
Prophet, in treating animals humanely, confirm.
The author has written her book in an easily understandable manner,
lacking in linguistic and typological errors. She supported what she
wrote that is related to the principles of Islamic law with sound legal
rules from the Qur’an and the Prophetic Sunna. She was faithful in her
treatment of these sources, interpreting them correctly. Her extremely
sound reliance on the books of the Sunna of the Prophet shows the


importance of the topic of the book to her, her full comprehension of it,
and her belief in the idea that caused her to write the book.
On account of this, a book has been produced that is correct in terms
of the principles of Islamic law, and in agreement with the consensus
of the scholars on the topics she discussed. She infused it with her soul
and her writing style in a way that combined accurate content—which
may be described as difficult to know and difficult to understand—
into a chain of information that a wide range of people will be able to
understand if they were to read the book. In its manner of composition,
the book is a good combination of deep specialized information and
clear and simple treatment of topics. Nothing in the book deviates from
the Islamic Sharia or contradicts its principles.
As a result of all of these reasons: I believe that the book “Animal
Welfare in Islamic Law” by author Professor Dr. Kristen Stilt is excellent
in its scientific content, accurate from the perspective of Islamic law,
and beneficial. Thus, I advise its publication in order to distribute the
useful ideas in it.
I ask God Allah for the success and well-being of the author of this
book. In God is all success.

Given on August 19, 2008 CE


8/18/1429 H

Dr. Professor ‘Abd Allah Mabrook Al-Najjar


Professor of Shari’a and Law
Member of the Council of Islamic Research
At the honorable Al Azhar University
Member of the International Fiqh Academy

 Animal Welfare in Islamic Law


Animal Welfare in Islamic Law

1. Introduction
In my studies of Islamic law, I have always been impressed
by the extensive rules that require humans to treat animals
kindly and with mercy. These rules are wide ranging, and
include significant protections for work animals like horses
and donkeys, requirements that slaughtering be done in
the absolutely merciful way as possible, and commands to
treat dogs and cats kindly in all situations. The position on
animal welfare within Islamic law is an excellent example
of compassion and concern for those who depend on others
for their care. Islamic legal protection of animal welfare
is truly a model for everyone, and if these protective rules
were applied world wide, the amount of animal suffering
would be radically reduced and the situation for animals
would be tremendously better.
With these incredibly strong protections for animals in
Islamic law, however, I am dismayed to see the rejection
and negligence of these rules on the streets of Cairo today.
It has become normal to see young boys running after a
small dog or pitiful cat and throwing rocks at the poor
creatures, or tying up the puppy and dragging him by the


rope. They may even continue with this torture until they
kill the animal. It is even more common to see an emaciated
donkey (or mule or horse) pulling a heavy cart through the
streets of Cairo, and the driver of the cart has whipped the
donkey so badly that he has bleeding sores. If you asked the
children who are torturing the dog why they are doing it,
sometimes they even say that Islam requires this cruelty to
dogs. Likewise, the driver of the cart believes that because
he owns the donkey (or mule or horse), he is permitted to do
what he wants with his property. He is not concerned that
the donkey will suffer, drop from the weight of the burden,
or even die from this treatment.
I fear that the Islamic rules requiring kindness to animals
are being neglected and forgotten. I have noticed, for
example, that no one will try to exhort the driver of the cart
to lighten the load or to stop beating the donkey, because
people have gotten used to this kind of behavior. It takes so
little to avoid cruelty, and so the cruelty is even more tragic.
When foreigners visit Cairo and see these actions, they
think, unfortunately, that cruelty to animals is allowed—or
worse, required—by Islamic law.
I wrote this booklet for two reasons. First, I want to show
the amazing range of animal welfare and protection that
is required by Islamic law. Despite all of the attention on
Islam and Islamic law throughout the world in recent years,
the area of animal welfare has been completely missing
in discussions about Islamic law. The rules of Islamic law

 Animal Welfare in Islamic Law


on animal welfare, established in the seventh century, do
more to protect animals than the laws of any country today.
Second, through this booklet I ask Egyptians and Muslims
generally to follow the wonderful rules of animal welfare
that the religion requires, and thereby lead us all to a kinder
and safer place for animals world wide. The field of animal
welfare desperately needs positive examples and leaders,
and I invite Muslims to be the example for everyone else
to follow.

2. Islam: Religion of Compassion and Justice


Islam is based on overarching principles of kindness,
mercy, compassion, justice, and doing good works. These
principles are seen pervasively throughout the texts of the
religion–the Qur’an and the examples of the Prophet–as well
as in many examples from Islamic history. For example,
Aisha reported an admonition of the Prophet: “Truly God is
kind and loves kindness. He rewards kindness and does not
reward violence.”
The Prophet was kind and compassionate to all creatures,
great and small. Ibn Mas’ud reported: “We were traveling
with the Prophet, and he stepped off to the side to attend to
his need, when we saw a small bird with her two babies,
and we took them. The mother bird came over and began
fluttering in the direction of the Prophet. So he said, ‘who
 Sahih Muslim 4697.


made her miserable by taking her two babies? Return them
to her.”
Even kindness to a small bird did not escape his attention
and concern. This hadith also shows how any human can
easily—and unintentionally—neglect his duty to treat
animals properly. For they were not just any men, but
were companions of the Prophet and were traveling with
him. When the Prophet explained to them the importance
of kindness to the small bird and kindness to the mother
who was distressed by the loss of her child, they obeyed his
order and returned the baby bird.
Cruelty is strongly condemned over and over in the
Qur’an and the hadith of the Prophet. Specifically, cruelty
to animals is condemned and punishments are provided
for it, just as cruelty to humans is punished. God sees all
deeds, and good will be rewarded and bad will be punished.
The Qur’an states: “Whoever has done an atom’s weight of
good, it will be seen. Whoever has done an atom’s weight
of bad, it will be seen.”
Most of the sahih hadith collections include the following
important hadith, which Abdullah Ibn ‘Umar reported: “The
Prophet cursed the one who treated animals harshly.” In
his explanation of this hadith, al-‘Asqalani specified that:
“The cursing indicates that the action is prohibited.” Al-
 Sunan Abu Dawud 2300, 4584
 Qur’an 99:7-8.
 Bukhari 5091; Ibn Hajar, vol. 20, p. 56, hadith 5515.

10 Animal Welfare in Islamic Law


‘Asqalani also reports that another version of the text of
this hadith is: “Whoever treats harshly a living being and
then does not repent, God will treat him just as harshly on
judgment day.”
The following three hadith make these general principles
very clear. Abdullah b. ‘Umar reported that the Prophet said:
“A woman went to hell because of a cat that she confined
and did not feed the cat nor even allow the cat to find bugs
to eat.” Nawawi explains that the hadith means that the
women’s actions are forbidden, and that the reason she went
to hell was her bad treatment of the cat. Nawawi stated:
“The hadith indicates that killing a cat is forbidden, and
confining a cat without food and water is also forbidden.
The plain meaning of the hadith is that she was a Muslim
and that she went to hell because of the cat.”
A human who fails to treat animals with the kindness that
Islamic law requires will be held to account by God. The
opposite is also true: kindness to animals brings a reward
to the kind person. One example given by the Prophet is
famous story of the man who gave water to a thirsty dog, and
God rewarded him by forgiving him of past sins. According
to Abu Hurayra: “The Prophet said that among us there was
a man who was traveling and he became very thirsty. So he
 Ibid.
 Bukhari 3071; Ibn Hajar, vol. 10, p. 112, hadith 2364; Ibn Hajr, vol.
10, p. 112, hadith 2365; Muslim ______
 Nawawi, vol. 8, p. 501.

11
found a well and descended into it and drank, then exited,
when he saw a dog panting and eating the ground from his
thirst. The man said: ‘This dog has reached a level of thirst
that I almost reached,’ and so he descended into the well
and filled his shoe with water and provided the water to
the dog. God thanked the man and forgave him of all his
sins. The men listening to this story said: ‘Oh Prophet, will
we be rewarded for assisting animals?’ The Prophet said:
‘There is the possibility for a rewarded for helping each
living being.”
Further, a prostitute was forgiven of her sins for her kind
act of giving water to a thirsty dog, thereby saving the dog’s
life. A prostitute passed by a dog near the head of a well
and the dog was panting and it seemed that he was going
to die of thirst. The woman managed to give the dog water
by filling up her shoe with water. Her sins were forgiven for
doing that. This hadith is very powerful. Even a woman
who had committed such a sin was forgiven for saving the
life of a dog.

3. Animal Welfare in Islamic History


It was not the Europeans who established the first
animal welfare organizations and animal shelters, rather
it was Muslims. In fact, the Prophet was the first to call
for kindness and mercy to animals, and to call for humans
 Bukhari, hadith 168, 2190, 2286; Ibn Hajar, vol. 2, p. 159, hadith 173.
 Bukhari 3208.

12 Animal Welfare in Islamic Law


to provide animals with food and water and to treat them
kindly. Compassion for all creatures is a basic part of
Islamic law, history, and culture.
Islamic history shows that animal welfare is an exalted
Islamic value. In the medieval period, Cairo was already
a flourishing city in terms of culture, economics, and
population. Thriving hotels, schools, mosques, and palaces
filled Cairo’s streets. Among these buildings were places
reserved for the needs of animals, such as stables, resting
areas, and water troughs to provide water for all kinds of
animals. Likewise, water troughs were at the beginning of
the long distance routes that the merchants’ caravans would
travel and at the beginning of the routes that connected
cities.
Muslims in Egypt established watering troughs for
animals adjacent to schools and mosques, and endowed
pious trusts (waqf) to support the burden of providing care to
these animals and supplying them with water. The services
were provided to all animals—owned and stray alike. These
troughs were made of stone or marble and were a charitable
way to provide water to people, their working animals, and
all other kinds of animals that found themselves in the city
and in need of water.
The historians recorded many examples of these troughs
from different times in medieval Islamic history, and in
particular the Fatimid, Ayyubid, Mamluk, and Ottoman
periods. From the Fatimid period, there are records of many

13
troughs in the Qarafa established to provide water to the
animals in that area. Examples are the water trough of the
palace in the Qarafa that Sitt al-Malak, daughter of al-Muizz
al-Din Allah, built in 976 CE. There were many troughs
attached to the palaces of the Qarafa, some of which the
historian Taqi al-Din al-Maqrizi saw before they went to
ruin. There is also the trough for pack animals at the front of
the mosque of al-Aqmar on al-Muizz Street, and the trough
that Amir Yalbugha al-Salami restored in 1396 CE. During
the reign of Salih Najm al-Din Ayyub, the Amir Ibn Hannas
established a pious endowment for a watering trough. In
the Mamluk period, historians recorded the existence of a
number of troughs that were built as endowments to provide
water to animals, such as the trough of the madrasa of Um
Sultan al-Ashraf Sha’ban and the trough of the madrasa of
Amir Aytmish al-Bajasi, who was one of the Mamluks of
Yalbugha, located outside Bab al-Wazir.
The establishment of pious endowments was not limited
to watering troughs for animals. The historians documented
that Sultans, Amirs, and others established endowments to
provide food for stray animals, such as cats and dogs. The
English orientalist Edward William Lane reported that the
Chief Judge of Egypt in 1835 told him that the Mamluk
Sultan al-Zahir Baybars established an endowment to
provide food for stray cats. If the endowment was not
producing enough revenue, the Judge would contribute his
own funds, and so it became the norm that each afternoon

14 Animal Welfare in Islamic Law


a large group of cats would gather in front of the court
house and the Judge would feed them. The Ottoman Amir
in Egypt Kutkhuda established a pious endowment to
distribute food to stray dogs and cats each day.

4. Human Responsibility for Animals


If a human takes control over a specific animal, whether
a donkey, horse, camel, cat, or dog, he must take care of
that animal. We see and hear about terrible stories–such as
a person who adopts a cat, for whatever reason, and cares
for the cat at home such that the cat is used to being fed and
having her needs met. And then the person, for some reason,
throws the cat into the street and expects that the cat will
survive on her own or simply does not care what happens to
the cat. This is completely wrong, as evidenced by the hadith
above about the woman who went to hell for confining a cat
without food or water such that the cat died.
The principle underlying the ruling in that particular
hadith is stated in the Qur’an: “Serve God and do not join
with Him any partners (i.e. polytheism) and do good—to
parents, kinsfolk, orphans, those in need, neighbors whom
you know, neighbors who are strangers, your closest friends,
 Edward William Lane, The Manners and Customs of the Modern
Egyptians, 287 (1860).
 Imad Ajwa, “Establishments for the Care of Animals: Evidence of
the Glory of Islamic Civilization” at www.ikhwanonline.com (May
22, 2006).

15
the traveler whom you meet, and what your right hand
possesses. God does not love the arrogant and the vain.”
Many esteemed commentators have said that “what your
right hand possesses” includes animals in your control. For
example, the commentator al-Sa‘dī stated that what your
right hand possesses can include animals and humans, and
then he specified what humans must do for their animals:
“Provide for them adequately and do not impose upon them
anything that is unbearable for them.”
Some people will say that God gave humans control
over the earth to do whatever they want, and this might
include harming the environment or neglecting animals.
Proponents of this idea often cite the Qur’an, verse 2:29,
and claim that this verse gives humans, to whom this verse
is addressed, the right to do with the earth whatever they
want: “It is He [God] who created for you [plural] all things
that are on earth. Then He turned to the heaven and made
them into seven firmaments. And of all things He has perfect
knowledge.”
This argument of unlimited human dominion is wrong
for several reasons. The commentaries to this verse make
clear that humans have a responsibility to care for the earth
and all that is on it, including animals. Al-Jalalayn, for
example, stated that the phrase “It is He who created for
you all things that are on the earth” means that these things
 Qur’an 4:36.
 Qur’an 2:29.

16 Animal Welfare in Islamic Law


were created for humans to “benefit from and respect.”
Al-Sa‘di’s elaboration of the phrase “for you” is “in order
to make use of, benefit from, and respect.” Both of these
explanations mean that humans may make use of animals
provided that humans respect and give proper consideration
to the needs of these animals. In fact, being able to make
use of an animal properly requires that the animal be well
cared for.
For example, if a man owns a donkey and the donkey
pulls the cart around the city in order for the man to transport
and sell his goods, then under what circumstances will the
man be able to make the best use of the donkey? Certainly
not if the cart is too heavy for the donkey. Certainly not if
the donkey is sick, or if the donkey is not fed properly. The
donkey will perform best if the owner provides adequate
food and water and medical care for the donkey, and makes
sure that the load is not too heavy. Sometimes people make
the terrible mistake of thinking that they can overload the
cart and then harshly beat the donkey so that the donkey
will pull the cart. This is not only wrong but also leads to
a bad result. It is like overloading a small truck and then
trying to drive it very fast. You may succeed for a few
hours, but soon the engine of the truck will stop working
and require expensive repair. It would have been better to
make two trips than to ruin a truck out of impatience. And
the same for animals. This is the only right result according
to Islamic law and is also the only right result from a logical

17
perspective. We will see more examples like this one below
in the discussion of horses, donkeys, and camels.
More generally, God has made humans His deputies on
the earth. The Qur’an, verse 35:39, states that: “It is God who
made you (pl.) vice-regents on the earth.” We are supposed
to protect God’s creatures, and take care of them in the same
sense as the four Righteous Caliphs took the responsibility
of caring for the early Muslim community. What humans
are doing on the earth has profoundly affected all living
beings, including non-human animals. The growth of cities
and the spread of human communities into new areas mean
that the number of wild animals living on their own in
nature has greatly decreased. Animal communities are part
of our cities, and the animals we see living on urban streets
are highly dependent upon and at the mercy of humans.
Animals were part of urban life in Cairo from the earliest
part of the Islamic era, and Egyptians were well aware
of their responsibilities to animals. As we mentioned,
Muslims established endowments to build and maintain
drinking troughs for animals and to provide stray animals
food. And today–What does the responsibility of serving
as vice-regent of the earth mean today? What if a person
simply does not like animals? Each person does not need to
take home stray cats, feed skinny donkeys that they have no
responsibility for, or other similar acts. Of course, kind acts
are rewarded, as we have shown, but you are not forced to
 Qur’an 35:39.

18 Animal Welfare in Islamic Law


act, rather those who undertake to help decide for themselves
to do so. However, all of us should cooperate with those
individuals and organizations that are trying, through kind,
compassionate, and just means, to solve our problems of
cruelty to animals and our problems of overpopulation
of animals. Most importantly, we must never be cruel to
animals.
The charitable organizations in Egypt concerned with
animal welfare are working to stop animal abuse and
to implement Islamic solutions to the problems of stray
animals on the streets. These organizations deserve our
appreciation and support. The organizations are spreading a
spirit of kindness and welfare, which all of God’s creatures
are entitled to receive. These creatures all form communities
like us. Accordingly, people must cooperate to the extent of
their ability with people and organizations concerned with
animal welfare. They should never let fear and hatred to lead
them to cruelty to animals to prevent them from helping an
animal in need.

5. Work Animals: Donkeys, Horses, Camels


Donkeys, horses, and camels all perform important
services to humankind, and in exchange humans have a
duty to treat these animals properly and to respect the work
they perform. Many hadiths instruct humans to treat these
animals kindly. According to Sahil b. al-Handhala: “The
Prophet passed by a camel whose stomach was taut, and he

19
said: ‘Fear God regarding your treatment of these animals,
who cannot speak from themselves. Ride them properly,
and feed them properly.” The commentator of this hadith
explains that: “The camel’s stomach was taut from hunger,
and the rule applies to all animals with four legs.”
Other hadith express how personally angered the Prophet
was by neglect of animals. According to Abdullah b. Ja’fir
Abi Talib: “The Prophet went into a garden of a man from
the ans,’r and there was a camel. When the Prophet saw
the camel he felt compassion and his eyes shed tears. The
Prophet went up to the camel and stroked him between his
ears, and the camel calmed down. The Prophet then said:
‘Who is the owner of this camel?’ A young boy from the
ansār came and said, ‘He is mine, Prophet.’ The Prophet
said: ‘Don’t you fear God with regard to this animal, whom
God has given to you? For the camel complained to me that
you starve him and work him endlessly.”
These rules of kind treatment apply to everyone,
regardless if he is rich or poor, famous or an ordinary person.
It is everyone’s religious duty to obey God regarding His
creatures and to follow His law for how to treat them. The
Prophet even chastised his wife Aisha for her treatment of
a camel she was riding: “Aisha rode a camel and the camel
was giving her a difficult time, so she began to struggle with
 Abu Dawud 2185.
 Sunan Abu Dawud 2186. Musnad Ahmad 1654 and 1662 are
similar.

20 Animal Welfare in Islamic Law


the camel. The Prophet said: ‘you are obligated to be kind.’
He later repeated this as a lesson to others.” Many hadith
also explain how to treat animals who are carrying you or
your goods on a journey: “God is kind and loves and desires
kindness. He gives credit for it, which he does not do for
violence. So if you ride a riding animal, descend from the
animal and allow it to rest at an appropriate site. If the earth
is barren of food/water for the animal, then make the trip
quickly, for the distance can be covered quickly at night
when it cannot be during the day. And you should provide the
animal rest at night, because the animal is the one covering
the trail, and needs a resting place for living beings.”
Medieval treatises written for the muhtasib, who was
a legal official responsible for commanding the good and
forbidding the wrong that took place in public and in the
market in particular, clearly indicate that overburdening or
mistreating pack animals is a violation of Islamic law. The
muhtasib was empowered to punish people who abused their
pack animals. The Ayyubid period manual by al-Shayzarī
and the two Mamluk-era manuals by Ibn al-Ukhuwwa
and Ibn Bassam all direct the muhtasib to ensure that pack
animals are not mistreated. They also direct the muhtasib to
punish those who violate the law.
 Abu Dawud 1516; Muslim 4698. Musnad Ahmad reports a similar
hadith. 24217.
 Muwatta’ Malik 1551.

21
Al-Shayzari instructs the muhtasib to “order the importers
of wood and straw and the like that if they stop with these
goods in the courtyards of the market, they should unload
these goods from the backs of the pack animals, because if
the animals stand with the goods on them it causes pain to
them, and that is torture to them.” Ibn al-Ukhuwwa, writing
in the middle of the Mamluk period in Egypt, instructs the
muhtasib to: “order the transporters of wood, straw, tiles,
sulfur, turnips, and melons that if they stop with these
goods in the courtyards of the market, they should unload
these goods from the backs of the pack animals, because if
the animals stand with the goods on them it causes pain to
them, and that is torture to them.” This text resembles al-
Shayzari’s text in both language and meaning.
And Ibn Bassam, who wrote his manual towards the
end of the Mamluk period, likewise paid attention to the
conditions of the working animals in the marketplace. He
ordered the muhtasib to watch out for those individuals
responsible for bringing goods into the market on the backs
of animals. “It is also necessary that the animals’ loads
and burdens are proportional to their strength and ability,
and they should not have put upon them a load that will
injure them, and they should not be driven quickly while
carrying loads, nor prodded with strong prods, nor should
they be stopped in the courtyards of the marketplace while
 Al-Shayzari, Ch. 2, p. 13-14.
 Ibn al-Ukhuwwa, Ch. 8, p. 79 (Levy ed.).

22 Animal Welfare in Islamic Law


carrying their loads or supplies. The people responsible for
them should have the fear of God in them when it comes
to providing food for their animals and they should be fed
sufficiently according to their work, and whoever violates
these rules should be punished.”
Good treatment of work animals can result in a reward
from God to humans. According to Abu Hurayra, the
Prophet said: “Giving a horse food or water is the source of
a reward.” When the Prophet was asked about the reward
that can result from the kind treatment of donkeys, the
Prophet referred to the Qur’anic verse 99:7-8: “’Whoever
does good equivalent to the weight of an atom shall see it;
whoever does evil equivalent to the weight of an atom will
see it.”

6. A Victim of Human Misunderstanding: the Dog


Many harmful acts are related to people’s misunderstandings
about dogs, and in particular misunderstandings about dogs
in Islamic law. As a result, it is common to find people with
incorrect ideas that actually lead them to behave in a manner that
contradicts all opinions in Islamic law. People often cling to an
idea they heard without examining whether it is legally correct.
It is very important to know the teachings of Islam and adhere
to them. The primary rule calls for kindness and the avoidance
of cruelty, violence and harm to other beings. One of the basic
 Ibn Bassam, Ch. 77, p. 165.
 Ibn Hajar, vol. 10, p. 117, hadith 2371.

23
principles in Islam is “there should be no harm and no causing
of harm.”

The Dog in the Qur’an


The Qur’an mentions the dog on three occasions. One
verse briefly mentions that dogs have a tendency to pant.
This reference is merely descriptive; the verse makes no
judgment about dogs panting but rather states that one
characteristic of dogs is that they pant.
The second occasion is in the story of the “cave sleepers.”
The verse states: “You would have deemed them awake,
while they were actually asleep, and we turned them on
their right and on their left sides; their dog stretching forth
his two forelegs on the threshold. If you had come up to
them, you would have turned away from them and ran and
would have been filled with terror.” The cave sleepers are
discussed honorably and positively in the Qur’an. The cave
sleepers were Christian youths who lived in the reign of a
Roman Emperor who persecuted Christians. The youths hid
from the Emperor in a cave with their dog.
As People of the Book they put their trust in and prayed
to God for protection. God protected them by putting them
into a deep kind of sleep so that they slept for a long but
unknown amount of time until the danger had passed. Verse
18:22 involves speculation about how many were in the
 Qur’an 7:176.
 Qur’an 18:18.

24 Animal Welfare in Islamic Law


cave: “Some say there were three, the dog being the fourth
of them; others say there were five, the dog being the sixth,
guessing at the unknown. Yet other say there were seven,
the dog being the eighth.”
The story of the cave sleepers is very important in
understanding the Islamic conception of the place of the
dog. The verse shows the dog playing an essential role. It
describes what the sleepers were doing in the cave and that
the dog was doing the same thing as the humans. The dog
was stretching out his forelegs in a relaxed comfortable
position suitable to an extended slumber. Second, notice
that the verse does not describe the dog as merely a guard
dog, but one of the individuals that comprised the group,
doing exactly what the others were doing.
Do not be confused by the statement in 18:18 of “If
you had come up to them, you would have turned away
from them and ran and would have been filled with terror,”
for this is not about the dog being frightening because he
is a dog. Rather, the statement is clearly about the group
of them—the boys who seemed awake while they were
actually asleep. The dog in this story is a companion to the
sleepers, not a guard dog to frighten people. If he had been
a guard dog, he would not have been included in the count
of those who were asleep while appearing awake. A guard
dog would have been truly awake, watching over the youths
in the cave.
 Qur’an 18:22.

25
Another important lesson of the cave sleepers is what the
verse did not say about the Christian youths and their dog.
The verse made no negative comment about the presence
of the dog with the boys, who were monotheists, people of
the Book, protected by God. Rather, the verses portray the
dog as an important and welcome part of the scenario. If the
presence of the dog was problematic or dangerous to these
special people, whom God chose to protect, then a warning
would have been given to them.
The third mention of a dog in the Qur’an is a very
significant verse dealing with the permissibility of dogs or
other trained hunting animals catching food for humans.
The verse states: “They ask you what is lawful to them as
food. Lawful unto you are things good and pure, and what
you have taught your trained hunting animals to catch in
the manner directed to you by God. Eat what they catch
for you, but pronounce the name of God over it. Fear God,
because God is quick to take account of your rights and
wrongs.”
The question that is answered in this verse is whether
Muslims may have their dogs hunt game for them and
whether the hunted animal is lawful to eat. The verse explains
that the trained animal may lawfully hunt food for a Muslim
only when the hunting is overseen by the Muslim. Further,
the person must say the name of God when dispatching the
animal. Thereby, when the hunting animal kills the prey, it
is considered a lawful slaughter.
 Qur’an 5:4.

26 Animal Welfare in Islamic Law


The medieval legal scholar al-Qurtubi explained that
people asked the Prophet about hunting with trained dogs
and falcons, because sometimes the person would witness
their dog killing the animal and sometimes the person
would not witness the killing. Since carrion is prohibited,
they asked for a ruling on the permissibility of eating the
prey when the person did not witness the killing of that
prey. What is important for our purposes is that in all of
the commentary on this verse, there is never any concern
about the saliva or impurity of the dog or any effect on the
purity of the hunted food. The issue in this verse is related
to the conditions for lawful or unlawful hunted food, not the
impurity of the saliva of the dog or the fact that the dog’s
saliva will come into contact with the hunted animal. The
conclusion drawn on this issue is that hunting by the dog is
permissible with conditions that are unrelated to any purity
questions about the dog.

Rules Derived from the Sunna of the Prophet


As is the case with Islamic law generally, most of the
rulings are derived from the Prophetic hadith, since the
Qur’an does not provide all of the information a person
needs to know to live his life in an Islamic way. The hadith
deal with a vast array of topics related to dogs. By studying
these hadith and their commentary one by one, it is clear
that the dog is one of God’s creatures and deserves proper
treatment.

27
Very few people today remember that dogs would enter
mosques, and even urinate in them, in the time of the
Prophet. No one would oppose this, nor even clean with
water the areas where the dogs had urinated in the mosques.
According to Hamza b. Abdullah, ‘Umar b. Khattab reported
on the authority of his father that: “in the time of the Prophet,
dogs would come and go easily into the mosque, and no one
would sprinkle water on those areas of the mosque.” Ibn
Hajar al-’Asqalani’s commentary explains that in the time
of the Prophet, the mosques were open and did not have
doors, and some of the companions of the Prophet would
sleep in the mosques.
The Prophet’s rule on dogs entering the mosque was in
contrast to his action when a man urinated in the mosque.
According to Anas b. Malik: “The Prophet observed a
Bedouin urinating in the mosque. He said, ‘let him be,’ and
when he finished, the Prophet called for water and poured
it on the urine.”

The Dog and Drinking Bowls


I hear many people say that something is wrong with dogs
since the Prophet is reported to have said that if a dog drinks
from a person’s bowl, the bowl must be washed a certain
number of times. The significance of this rule on washing
 Bukhari, hadith 168; Ibn Hajar, vol. 2, p. 60, hadith 174.
 Ibn Hajar, vol. 2, p. 60, hadith 174.
 Ibn Hajar, vol. 2, p. 113, hadith 219.

28 Animal Welfare in Islamic Law


the bowl is misunderstood. There are many versions of this
hadith, but let us examine the most popularly known of
them. Abu Hurayra reported that the Prophet said: “if a dog
drinks from a vessel of yours, then wash it seven times.”
First, it is important to note that other versions of the
hadith contain different numbers of required washings.
There is nothing fixed about the number seven, rather the
numbers are used for emphasis, as if to say, “wash the bowl
well.” More importantly, people often cite this hadith to
indicate something generally bad about dogs, but such a
meaning is not contained in the hadith. What does it literally
mean? If a dog drinks from one of your bowls, then you
should wash it well.
This does not mean that if a dog drinks from a bowl you
have dedicated to be used by a dog you need to wash it
thoroughly every time the dog laps some water. The hadith
specifically states one of your bowls, meaning one of the
bowls you use for yourself—not a bowl you have designated
for a hunting or guard dog to drink from, for example. This
instruction is common sense and good hygienic practice:
keep the water vessels for humans and dogs separate and
you will never even encounter this problem.
This meaning is reinforced by the hadith discussed above
where a man gave a dog water to drink using his shoe as the
vessel to contain the water. The hadith praises the man, and
 Bukhari 167.

29
God forgives his sins as a result of his kind act of providing
the dog water. The hadith does not say that the man should
wash his shoe seven times! Of course not, because the man
is not going to drink water himself out of his shoe, but rather
will wear the shoe on his foot.
The hadith about dogs drinking from a person’s bowl
also contains another lesson: dogs in the time of the Prophet
were part of the daily life of humans and shared the same
environment. Dogs must have entered the homes of people
and lived among them and humans must have provided
them with water. If this mixing of dogs and humans was
not the case, there would not be so many hadith dealing
with the matter of what to do if a dog drinks from your own
vessel.

Purity
Another issue of cleanliness related to dogs is the question
of purity. Islamic rules of purity mainly pertain to prayer.
Islamic law requires that a Muslim’s body, clothing, and
space for prayer be pure. Thus, the body, clothing, or space
must be washed and purified if touched by a substance that
is considered impure. Scholars have debated the question
of what substances are considered impure. The generally
agree that blood, urine, pus, and feces are unclean and must
be washed off the person or his clothes or his prayer space
before prayer.

30 Animal Welfare in Islamic Law


Some scholars, mainly in the Hanbali and Shafi’i schools
of law, believe that dogs are impure, so that touching a dog
or being licked by a dog requires washing that portion of
the body or clothing before prayer. The Maliki school,
however, does not consider dogs impure at all. Scholars of
the Hanafi school generally consider only the saliva of dogs
to be impure, so only the part of the body or clothing that
the dog’s saliva touched needs to be washed and purified
before the person prays.
What is often forgotten in discussions about the dog is
that many substances are considered impure and need to
be washed off before prayer. Even for the scholars who
believe that the dog is impure, it is important to remember
that they consider many other substances impure too,
and a simple washing is all that it required. Butchers, for
example, routinely get blood on their clothing and body,
and must wash it off before prayer. The urine of humans
certainly is impure. Al-Asqalani, in the hadith about dogs
entering the mosque in the time of the Prophet, said that all
of the scholars believed that the urine of all animals is pure,
except for human urine. Anyone who is touched by human
urine on his clothes, body, or place of prayer must purify it.
But just because the blood, urine, and feces of a human are
impure certainly does not mean that humans should treat one
another with contempt or avoid each other! In fact, many of
the people who come into contact with these substances,
such as doctors in hospital emergency rooms or intensive

31
care units, are some of the most valued and important
members of society. The lesson here is that impurities are a
part of daily life. Even if you take the position that dogs are
impure—either entirely or just their saliva—this is just one
of the many impurities you encounter.

Keeping a Dog at Home


Most people do not understand the rules about possessing
a dog in the home. There are many versions of a hadith
relating that the Prophet restricted possessing a dog, saying
that a person will lose one or two “qirats” [a monetary unit
of measure in the early Islamic period] daily if he keeps
a dog other than for certain lawful purposes. Various
versions of this hadith give different lawful purposes, but
the typical purposes listed are guarding, herding, hunting,
and for assistance with agriculture.
We now know, based on the hadiths previously
discussed, of the Prophet’s concern for mercy, kind
treatment, and proper care for animals. The hadiths that
specify behavior for keeping a dog require only that the
person who wants to keep the dog have a good, beneficial
purpose for the dog. At the time of the Prophet, the most
common reasons people kept dogs were for guarding,
herding, hunting, and protecting agriculture from
birds, wild animals, and theft. Naturally, these are the
permissible reasons that the hadith define for keeping a
dog.
 Bukhari, hadith 2154; Ibn Hajar, vol. 10, p. 70, hadith 2322.

32 Animal Welfare in Islamic Law


These restrictions are requirements to protect dogs from
abuse and mistreatment, and to penalize humans who do not
treat dogs properly. According to the rule of the hadith, you
may not keep a fancy dog just as a status symbol to brag
to your friends about. Dogs are active and social creatures,
and it is cruel to lock up a dog in a room or confine a dog
to a balcony. The dog must have a purpose for you, or else
you are treating a living being as if it were a mere object of
decoration without regard for the dog’s own needs. Dogs
need training and exercise, and many dogs need to have
tasks and duties to accomplish or else they are bored and
even depressed.
The idea that dogs can be kept as guard dogs covers most
of the situations today in which humans keep dogs as pets.
What does guarding mean? Protecting people, animals, and
property are all considered examples of guarding. Today,
guarding has a very broad meaning. Even the bark of the
smallest dog can scare away an intruder trying to get into the
house. A dog who lives with an older person may guard that
person against loneliness through the dog’s companionship.
The dog may bark to alert neighbors that the elderly person
is sick or needs help and is otherwise alone in the house.
Many people believe that the hadith that states that “angels
will not enter a home if a dog or pictures are present” has
a very broad meaning negative to all dogs. The most widely
 Ibn Hajar, vol. 13, p. 35, hadith 3225; vol. 13, p. 36, hadith 3227.

33
cited version of this hadith, however, provides context to
the statement and explains why the statement is applicable
in only very limited circumstances. Aisha reported: “The
Prophet arranged to meet the angel Gabriel at a certain
time, and when that time came, Gabriel had not arrived
at their house. The Prophet threw a stick that was in his
hand and said, ‘God does not break promises or promises
of his messengers.’ He turned around and there was a puppy
under the bed. The Prophet said: ‘Aisha, when did this dog
enter the house?’ Aisha said ‘I did not notice.’ The Prophet
ordered the puppy to leave and then Gabriel came in. The
Prophet said: ‘You made an appointment with me and I
waited for you and you did not come.’ Gabriel said: ‘The
dog in your house prevented me. We do not enter houses
that have dogs or pictures.”
In his commentary on this hadith, Shawkani discussed
the different views on the intended meaning of the term
“angels” in the shorter form of this hadith—“angels will not
enter a home if a dog or pictures are present.” He said that
some commentators believe that the angels referred to are
the itinerant angels, not the guardian angels or the angels of
death. Another opinion is that they are the angels who bring
mercy and blessings, since guardian angels never separate
themselves from the people they are guarding.
 Nayl al-Awtar, commentary on hadith 573.

34 Animal Welfare in Islamic Law


Shawkani noted that al-Khatabi limited the applicability
of the hadith to the kinds of dogs that are forbidden to be
kept at home and to pictures that are forbidden because they
contain a soul. Al-Khatabi did not include dogs that hunt or
herd or a picture that is woven into a rug or cushion, since
none of those prevent the entry of angels.
The author of ‘Umdat al-Qari said that the apparent
meaning of “angels” is “all angels” but he excluded
guardian angels because they never leave the person they
are guarding under any circumstances. They said that what
was intended by the term “angels” in this hadith are angels
carrying out the revelation, like Gabriel. As for guardian
angels, they enter all houses and never leave the person.
With regard to what is meant by the term “dogs” in
the hadith, al-Khatabi excluded the dogs that law permits
and those who clearly may be kept legally, such as dogs
for herding and agriculture. Ibn Habban believed that this
ruling applies only to dogs in the Prophet’s house.
By providing these different interpretations, we are
showing how scholars have disputed the meaning of a text
and how they each can have their own opinion and still be
faithful to the Sharia. There are many ways that scholars
have interpreted the hadiths referring to loss of qirats and
angels entering houses with dogs. There is no one agreed-
upon meaning for these hadiths. Instead, many different
meanings are accepted and respected.

35
7. A Constant Companion for Humans: the Cat
Without doubt, the cat has a special status in Islamic law
and history. One of the most well-known companions of the
Prophet, Abu Hurayra [father of the little kitten], was given
this nickname by the Prophet because he often carried a
kitten in the sleeve of his shirt.
A widely transmitted hadith shows how welcome and
accepted the cat was in matters of purity: Kabsha bint Ka’b
b. Malik, who was the wife of Abu Qatada, said that Abu
Qatada came into the room and she poured out for him his
water for washing before prayer [wudu’]. A cat came into
the room and drank from the water and Abu Qatada tipped
the bowl towards the cat so she could drink. Kabsha said:
‘He looked at me and said ‘Are you astonished, my cousin?’
She said ‘yes’ and he replied ‘the Prophet said that the cat
is not impure.”
The Prophet himself would also use water from which
cats drank for washing before prayer. Aisha related that the
Prophet would put his bowl of water out for a cat to drink
from it, then he would use the remaining water for washing.
The cat is considered so clean that Aisha shared her plate of
food with a cat. Dawud ibn Salih ibn Dinar al-Tamar related
on the authority of his mother that “her master sent her to
take harisa (a food made of wheat and bulgar) to Aisha and
 Al-Mustadrak ala al-Sahihayn, vol. 3, p. 579.
 Sunan Abi Dawud, vol. 1, p. 19; Sunan al-Nisa’i, vol. 1, p. 76.
 Sunan al-Daraqatni, vol. 1, p. 70.

36 Animal Welfare in Islamic Law


when she arrived, she found Aisha praying. Aisha indicated
to here to put down the harisa and she did, and then a cat
came and ate from the harisa. Aisha finished her prayers
and ate from the harisa too. Aisha said that the Prophet said
that the cat is not impure.”
Harming a cat carries grave consequences. As we saw
above, a woman who confined a cat without food or water,
resulting in the cat’s death, went to hell for her actions. In
another case, a woman accidentally caused the death of three
cats and had to pay compensation for her misdeeds. Zayd b.
Aslam reported that Um al-Fadl Abu Bakr closed the door
of her house in Mecca and inside were a mother cat and her
two kittens. She traveled to Mina and Arafat and when she
returned she found that the cats had died. She told this to the
Prophet and he ordered her to pay the money to free a slave
for each of the dead cats as a means of atonement.
In this case, this companion of the Prophet accidentally
caused the death of the cats—she did not intend to confine
them so that they would die. Thus, she had to compensate
for her bad acts by performing the good act of paying to
freeing slaves. Since her actions were accidental, she was
not subject to the more severe penalty of the woman who
intentionally locked a cat up without food or water, for that
woman went to hell as a result.
 Sunan Abi Dawud, vol. 1, p. 20. In another version, Aisha said that
she ate from harisa after a cat had eaten from it. Sunan al-Daraqatni,
vol. 1, p. 70.
 Musannaf Abd al-Razaq, vol. 4, p. 409.

37
8. W
 hen is it Necessary or Permissible to take the
Life of an Animal?
In some circumstances, it is necessary to take the life of
an animal. The slaughter of animals for food is discussed
below, but first, we address a type of killing that has been
the source of many problems.

A. Cases of Killing Animals for Merciful Reasons


What are we supposed to do if a car hits a donkey on
the street and the donkey is seriously injured and collapses
in the street in terrible pain? It appears that the donkey is
too badly injured to recover, but will spend many hours in
terrible agony before dying. What is the right thing to do
here? A person knowledgeable in matters of animal health,
such as a veterinarian, pharmacist, or member of an animal
welfare society, should consider what is best for the poor
animal. Can the animal be treated and recover to live? If not,
then the donkey should receive an injection of a medicine
to quickly bring a peaceful death that does not add any
suffering to the animal.
This principle that any killing should be merciful is found
in a famous hadith: “The Prophet said that God required
being kind in all things. So if you kill, be kind in the killing,
and if you slaughter, be kind in the slaughtering.” The
 Sahih Muslim 3615; Tirmidhi 1329; Nasa’i 4329, 4335-4338; Abu
Dawud 2432; Ibn Majah 3161; Musnad Ahmed 16490, 16494, 16506,
16516; Sunan al-Darimi 1888.

38 Animal Welfare in Islamic Law


famous scholar Nawawi’s explanation of this hadith states
that the rule applies to all legally justified killing: “The rule
applies to all legal killings, such as slaughtering, or legal
retaliation, or the crimes specified in the Qur’an that carry
capital punishment.” Thus, this rule applies to the example
of the donkey given above.
The message of this important hadith is very clear. The
fact that a person or animal will be put to death according
to law does not mean that we may treat the animal or person
badly until the point of death. Nor does it mean that any
manner of killing may be used, such that the person or
animal can be violently or brutally killed. This hadith states
very strongly that the killing must be as kind as possible.
Tirmidhi’s commentary explains that: “Being kind in this
context means choosing the method that is easiest and
the least painful for the person or animal to be killed.”
Furthermore, the legal validity of the hadith is very strong.
Nawawi stated that “This hadith is part of the hadith that
comprise the fundamental rules of Islam.”
Another example when the killing of an animal may be
necessary is a vicious dog who cannot be tamed and who
poses a danger to the community. Sometimes a dog who
seems violent is only just scared and requires a skilled
person to catch the dog and take him to an animal shelter,
and the dog may be trained and adopted. In other cases, the
dog truly is violent, and perhaps even very ill, and a person

39
trained in animal welfare needs to evaluate the situation and
determine what should happen to the dog.
There is a very important lesson here. If you are not trained
in animal welfare, you do not have the authority to decide
what should be done with the dog. If you are being attacked
by the dog and have to defend yourself at the moment of
attack, then of course you have the right to protect yourself
with force proportionate to the level of the threat. But if you
simply think that a dog might be dangerous, you must not
assume the responsibility for knowing what is best because
you might take a life unnecessarily on the basis of mere
suspicion, and you will be accountable for that sin. Further,
you will not know the most merciful means of killing the
dog, and you will commit a bigger sin by torturing the dog
in his death and causing the dog unnecessary suffering,
which is prohibited in Islam.
If a person trained in animal welfare determines that
the dog needs to be killed, then the killing must be done
in the kindest way possible. Methods of killing that cause
unnecessary pain and suffering are simply not Islamic and
clearly violate the rule: “If you kill, be kind in the killing.”
In the example of the donkey above, it is known which
donkey was hit by a car and is dying in the street. But some
people have the mistaken idea that if there is one dangerous
dog in a neighborhood, then every dog in the area may be
killed out of precaution. This is simply not permissible in
Islam.

40 Animal Welfare in Islamic Law


A similar situation is related in all the major hadith
collections: “An ant bit a prophet and he ordered that the
ant colony be burned. God spoke to him and said: ‘Because
of an ant’s bite you have burnt a community that glorifies
Me?”
The meaning of this hadith is clear on its face: that
particular prophet did not have the right to retaliate against
an entire community of ants just because one of those ants
harmed him. Although not specifically stated in the hadith,
it seems implied that the prophet could have punished that
one particular ant, if that ant could be identified, but that
collective punishment is forbidden, even to someone with
the special status of a prophet in Islam.

B. Slaughter
We all are aware that there are particular rules that must
be followed when an animal is slaughtered in order for the
meat to be considered permissible for Muslims (halal). The
determination of halal meat deals with the kind of meat,
of course, and also prescribes detailed rules and specific
means of slaughter so that the slaughter takes place with as
much compassion and respect to the animal as possible. The
rules are also to make the process as hygienic as possible
to protect the health of the human consumers. Therefore,
 Muslim 4157; Ibn Hajar, vol. 12, p. 121, hadith 3019.

41
slaughtering must be done strictly according to Islamic
rules for all of these important reasons.
If you buy your meat from a butcher or store, you may
wonder why you need to be familiar with the rules of
slaughter, since that is for someone else to do. But every
Muslim who eats meat must be sure that his meat is halal,
and so we must all pay attention to the rules of slaughter.
Furthermore, at the time of the Festival of the Sacrifice,
many people undertake to slaughter their own animals.
This creates many problems because people do not know
the rules or do not have the conditions at home to be able
to follow them. Thus, all slaughtering should be done in
slaughterhouses by slaughterers with the training and
license to slaughter animals.
Slaughtering must be done in a way to minimize the fear
and pain to the animal. Recall that the general rule is: “The
Prophet said that God required being kind in all things. So
if you kill, be kind in the killing, and if you slaughter, be
kind in the slaughtering.” First, the transport to the place
of slaughter must be done mercifully. Ibn Sirin related
that ‘Umar saw a man violently leading a sheep of his to
slaughter. ‘Umar beat the man with a whip and said to him:
“gently lead the sheep to death.” This example clearly
 Sahih Muslim 3615; Tirmidhi 1329; Nasa’i 4329, 4335-4338; Abu
Dawud 2432; Ibn Majah 3161; Musnad Ahmed 16490, 16494, 16506,
16516; Sunan al-Darimi 1888.
 Kasani, Bada’i’ al-Sana’i’, vol. 5, p. 60.

42 Animal Welfare in Islamic Law


shows that ‘Umar was very concerned about mercy and
kindness to animals. ‘Umar emulated the proper Islamic
way. Even the process of transporting the animals to the
slaughterhouse must be done with kindness and mercy, and
never with force, violence, or neglectful actions resulting in
bad conditions for the animals.
There are rules controlling the actions at the site of the
slaughter and in the actual slaughtering process. Ukrama
narrated a hadith that most Muslims know by heart. He
said that “the Prophet saw a man who had put the sheep on
her side and while he was sharpening his knife the sheep
was watching him. The Prophet said: ‘Do you want to kill
her many times over? Why didn’t you sharpen your knife
before you put her on her side?” The lesson here is that the
animal must be kept as calm and relaxed as possible before
the moment of slaughter. If the sheep is put on her side and
then she sees the sharpening of the knife, the sheep will
become extremely agitated and want to fight for her life.
This is cruel and unnecessary. The Prophet wanted to protect
the animal from all suffering prior to the very moment the
jugular veins are cut in the slaughter, and even the cutting
itself must be done with as little pain as possible.
In a similar story, “ ‘Umar saw a man who had laid
the sheep on her side and then put his foot on the side of
 Sarakhsi, Mabsut, vol. 11, p. 226; Kasani, Bada’i’ al-Sana’i’, vol. 5,
p. 60.

43
the sheep’s face to hold her down while he sharpened his
knife. ‘Umar whipped him for this reprehensible behavior,
and the man fled from ‘Umar. The sheep also ran away,
because animals know what instruments harm them, just
like they know what situations are dangerous for them and
they protect themselves from them. If you sharpen your
knife when you have already put the animal on its side, you
increase the animal’s pain.”
Safwan b. Salim reported that ‘Umar b. Khattab forbade
slaughtering a sheep in front of another sheep. He forbade
this because of the fear and pain it causes to the second
sheep. It is like a sheep watching the sharpening of the knife
that will kill her but much worse. If a sheep is aware that her
death is coming by watching the sharpening of the knife,
imagine the terror a sheep experiences when perceiving or
seeing directly the slaughter of another sheep, while the first
sheep awaits her turn? This is clearly forbidden.
‘Umar said that in addition to these rules, the passage of
the knife over the jugular veins must be very quick. This
requires a very sharp knife and much skill. The purpose
here again is to minimize the pain and stress caused to the
animal.
 Kasani, Bada’i’ al-Sana’i’, vol. 5, p. 60-61.
 ‘Abd al-Razaq, Musannaf, vol. 4, p. 494, hadith 8610.
 Sarakhsi, Mabsut, vol. 11, p. 226.

44 Animal Welfare in Islamic Law


C. Wrongful Killing
The taking of an animal’s life other than for food or out
of necessity is forbidden. Abdullah b. ‘Umar related that the
Prophet said: “If anyone kills even the smallest bird without
justification, God will ask him about it on judgment day.”
The hadith shows that there is no tolerance or forgiveness
for killing outside legal slaughter or other legal killing. If
a person thinks that he is able to kill for fun, God will hold
him accountable. Killing of an animal without legal cause is
forbidden and the killer will be punished on Judgment Day.
In another hadith, al-Sharid b. Suyid al-Thaqafi related:
“I heard the Prophet saying that whoever kills a small bird
frivolously, then he will cry out to God on the judgment day
‘O God—a person killed me senselessly and needlessly,
and without any reason or benefit to him!” The meaning is
that the person who killed frivolously will suffer the same
treatment. Killing any animal, no matter how large or small,
without legal cause, is punishable.
Hisham b. Zayd b. Anas b. Malik reported that he:
“entered a certain place with Anas and he saw a group of
slave boys or just young boys who had positioned a chicken
and were throwing things at the chicken. Anas said that the
Prophet prohibited setting up of animals in order to throw
 Nasa‘i 4370. Also reported in Musnad Ahmed 18651 and with a
different variation in Sunan Abu Dawud 4561.

45
or shoot things at the animal.” Nawawi explained what
the boys were doing as “restraining an animal while it is
alive in order to kill it by throwing things at it [such as
rocks] or shooting things at it [such as arrows or, today,
bullets].” and that “the prohibition of this action means that
it is forbidden.”
Nawawi explained that the prohibition is because the act
is: inflicting torture on the animal, destroying the animal’s
soul, wasting the animal’s worth, losing the opportunity to
slaughter the animal if the animal is one that is slaughter-
able, and losing the opportunity to benefit from the animal
if the animal is not subject to slaughter, such as the service
to man that dogs provide.
It was also reported that “Abdullah b. Umar passed by
boys from the Quraysh tribe who had set up a bird and were
shooting at it. They gave the bird’s owner each arrow that
they shot that missed the bird. When Ibn Umar saw this, the
boys ran away. He said: ‘Who did this? God’s curse upon
the one who did this. The Prophet cursed he who takes the
live of a soul intentionally.”
These hadith are primarily concerned with the pain and
suffering caused to the animal. For while the monetary loss
is absolutely unnecessary, a human can still find another
sheep to slaughter or another donkey to work for him.
However, once an animal’s life is taken, the person who
 Bukhari 5089; Muslim 3616.

46 Animal Welfare in Islamic Law


took the animal’s life can never undo the pain and suffering
he caused the animal, and will carry the sin of the act with
him to the day of judgment.
Killing animals other than in the context of proper
slaughtering and for reasons of necessity as discussed above
is not fun, and it is not a game or sport. It is wrong, cruel,
and a sin.

Conclusion
Islam is based on principles of kindness, mercy,
compassion, justice, and doing good works. These principles
are seen pervasively throughout the texts of the religion–the
Qur’an and the examples of the Prophet–as well as in many
examples from Islamic history. Islam requires kindness and
compassion towards all animals in all situations, and I hope
most fervently that these rules can truly become a part of
daily life.

47
Prof. Dr.
Kristen Stilt

• J.D. (American law degree) from the University of


Texas, Ph.D. in Islamic legal history from Harvard
University.
• Practiced law with one of the leading international
law firms: Cleary, Gottlieb, Steen & Hamilton.
• Currently professor of law and History at Northwestern
University in Chicago.
• Involved with animal welfare in Egypt since 2001,
when she joined SPARE when it was still under
construction.
• One of the drafters of the American Companion
Animal Protection Act, which is model legislation
to help animal lovers and animal advocates achieve
their goal of no kill communities and shelters.

48 Animal Welfare in Islamic Law

You might also like