Darool Fiqh Fatwa: Subway , Nandos, etc

Veröffentlicht: 28. Februar 2013 in Uncategorized

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The importance of eating Halāl has been highlighted and underlined on several occasions in the Qur’ān and Ahādīth. Consider the following:

“O Messengers, consume that which is pure and work righteously. I Know what you do.” (Qur’ān 23:51)

“O you who have believed, eat from the pure things which we have provided you.” (Qur’ān 2:172)

“O mankind, eat from whatever is on earth (that is) lawful and pure.” (Qur’ān 2:168)

“So eat of that (meat) upon which Allah’s name has been mentioned, if you are believers in His verses.” (Qur’ān 6:118)

“And do not eat that upon which the name of Allah has not been mentioned, for indeed it is a grave disobedience.”.(Qur’ān 6:121)

The following Ahādīth echo the same message:

Sayyiduna Abu Hurayrah radhiallahu anhu related,” Allah’s Messenger salallahu alayhi wasallam said: Verily Allah is pure and He accepts only what is pure and indeed Allah has given those orders to the believers, which he has given to the Messengers. He has said, “O Messenger, eat from the pure foods and work righteous”. He -also- has said: “O you who have believed, eat from the pure things which we have provided you.” Then (the Prophet salallahu alayhi wasallam) made mention of a man who undergoes a lengthy journey in a state that he is dishevelled and dusty. He spreads his hands towards the sky (calling), “O my lord, O my lord”, however his food is Haram, his drink is Haram, his clothes are Haram and he has been nourished with Haram! So how will his call be answered?” (Muslim)

Sayyiduna Abū Bakr Radhiallahu anhu reports that the Prophet Salallahu alayhi wasallam said, “A body nourished by harām will not enter Paradise.” (Abū Ya’lā, al-Tabarānī, Al-Bazzār)

The Halāl word and sign is one of the world’s most abused terms. Everything and anything is labelled as Halāl simply for commercial gains. The Food Industry is full of scandals. The Horse Meat Scandal vividly testifies to this. Let alone The Food Industry, the so-called ‘Halal Industry’ is just as worse. A research by a reliable group of scholars discovered the following severe issues:

Slaughter men at abattoirs not reciting the Tasmiyah during the slaughter. Recitation of the name of Allah at the time of slaughter is a condition for the animal to be Halāl. However this condition was not being fulfilled by majority of the slaughter men interviewed. Instead they were either;

1) chewing gum during the slaughter

2) talking to their co-workers

3) simply not reciting the Tasmiyah because they were unaware of its importance

4) reciting the Tasmiyah only once at the beginning of the slaughter thinking that it is sufficient for the entire kill

5) reciting the Tasmiyah only upon one animal in every ten

Non-Muslims slaughtering at various abattoirs, rendering the meat Harām.

The minimum amount of required veins not cut resulting in the animal being Harām. Any three of the following four veins must be cut with a knife, blade or any tool that is sharp and has a cutting edge:

a) The trachea (windpipe)

b) Oesophagus (food-pipe)

c) The two carotid veins

Unfortunately, many slaughter men pay no attention towards which arteries and how many of them are being cut during the slaughter due to either sheer ignorance or the speed of the line being too fast.

Unmonitored and many impermissible stunning methods prior to slaughter. There are many types of stunning techniques:

1) The captive bolt pistol (used for cows/cattle).

2) Electric stunning (used for sheep).

3) Electrified water bath (used for poultry).

Stunning which causes death prior to slaughter is not accepted in Sharī’ah. Research clearly shows many chickens die due to the high voltage applied. In such a scenario, it will not be permissible to consume chickens from such a processing plant even if some chickens did not die as a result of the high voltage. The Fuqahā’ state that if there is a mixture of Islamically slaughtered animals and unislamically slaughtered animals with a dominance of unislamically slaughtered animals, then none of the animals will be lawful for consumption.

Usage of rotating mechanical blades for slaughter which does not serve the requirements of Halāl slaughter. The team found in a renowned poultry abattoir that rotating mechanical blades were being used to slaughter. A slaughter man would recite bismillah when switching on the machinery and would then go stand by the blade and recite bismillah at his own pace. By the time he would complete one recital at least ten chickens had passed by on the line (the speed of the line was 200 chickens per minute).

Contamination issues (mixing of halal with non-halal). The team also discovered poultry being processed on un-sanitised lines thus causing non zabiha leftovers to be mixed with the zabiha meat on the machinery.

Retailers do not know if they are being cheated. The team found that various retail and butcher store owners could not verify if the meat that is supplied to them is genuine Halāl. They stated that they merely take the word of the suppliers and it can be possible that they are cheated in believing that the products supplied to them are Halāl.

Meat coming from abroad. The appointed inspection team also discovered that large amounts of meat were imported from foreign countries. Local plants cannot guarantee the meat that had been imported was slaughtered in accordance to halal guidelines.

In October 2007, HMC was approached by a Global meat supplier and manufacturer to investigate and inspect on its behalf the Brazilian ‘Halal’ market. Brazil, along with Australia and New Zealand are the world’s largest exporters of meat and processed products feeding the global hunger for Halal Products. Much of these supplies head to the Middle Eastern countries including Saudi Arabia; UAE, Dubai, Oman, Qatar, Africa and Europe.

This investigation attempted access to 18 of the largest abattoirs in Brazil. According to the Brazilian Poultry Exporters Association, a staggering 718,000 tons of chicken were exported to the Middle East from January to September 2007 and 402,000 tons to the European Union during the same period.
The HMC Team gained access and inquiries were made of 11 abattoirs and the findings were unfortunately quite shocking:

• No Muslim slaughter men at many of the sites
• No recitation of Tasmiyah (name of Allah)
• Stunning prevalent at the majority of the sites (risk of many animals being dead at the point of slaughter)
• No knowledge of Halāl and its basic rules
• Mechanical slaughter used at majority of sites

If the pollution of the Halāl Industry is to this extent, how can anyone be satisfied with a mere flashing ‘halal’ sign on the window of a shop? Many shopkeepers will tell you that their products are Halāl as they believe it to be so. They are totally unaware of what goes on in the industry.

Although we cannot call any place’s products without a HMC sign as harām without explicit evidence, a question mark will always hang over such places. Yes, if one has clear evidence such a place is Halal, then he may eat happily from such a venue. Not being HMC does not automatically mean a place is Haram.

The question is: Is that small burger or hot chicken worthy of being consumed if there is a possibility that it will prevent us from entering Paradise? Is it worthwhile eating that thick crust pizza with meat if it is possible it will prevent our cries and pleas from being accepted?

In addition, there are many organisations which certify products to be Halāl. One must be absolutely cautious and alert which organisations truly serve the Halāl cause. Any organisation which allows and permits controversial issues in their constitution should be refrained from. Eat from those places which are certified by conservative and strict bodies which give satisfaction and contentment to the heart.

With regards to the HMC organisation, it is a praiseworthy organisation which is managed by reliable Ulamā’. Their protocols are very conservative, cautious and orthodox. Their modus operandi is free of all controversial rulings unlike many other organisations. They are sincerely endeavouring to make every morsel a Muslim eats halāl. HMC has been accepted by the majority and provides the satisfaction and contentment when eating due to their stringent conditions. They inspect and monitor their certified products from slaughter to processing, distribution and storage. They closely watch their poultry industry from start to end giving assurance to consumers of what they are eating is halāl and tayyib (pure).

For more information regarding HMC, you may visit their website on the following link:

http://www.halalhmc.org/index.htm

And Allah Ta’ālā Knows Best

Mufti Faraz al-Mahmudi,

Darul Iftaa
Dublin, Ireland

http://www.darulfiqh.com

ثُمَّ ذَكَرَ الرَّجُلَ يُطِيلُ السَّفَرَ أَشْعَثَ أَغْبَرَ، يَمُدُّ يَدَيْهِ إِلَى السَّمَاءِ، يَا رَبِّ، يَا رَبِّ، وَمَطْعَمُهُ حَرَامٌ، وَمَشْرَبُهُ حَرَامٌ، وَمَلْبَسُهُ حَرَامٌ، وَغُذِيَ بِالْحَرَامِ، فَأَنَّى يُسْتَجَابُ لِذَلِكَ؟ “ (صحيح مسلم رقم الحديث 1015)

عَنْ أَبِي بَكْرٍ الصِّدِّيقِ: أَنَّ النَّبِيَّ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – قَالَ: «لَا يَدْخُلُ الْجَنَّةَ جَسَدٌ غُذِّيَ بِحَرَامٍ» „.رَوَاهُ أَبُو يَعْلَى، وَالْبَزَّارُ، وَالطَّبَرَانِيُّ فِي الْأَوْسَطِ، وَرِجَالُ أَبِي يُعْلَى ثِقَاتٌ، وَفِي بَعْضِهِمْ خِلَافٌ. (مجمع الزوائد ومنبع الفوائد ج 10 ص 293 مكتبة القدسي)

http://hma.jucanada.org/industry_problems.aspx

(وَتُشْتَرَطُ) التَّسْمِيَةُ مِنْ الذَّابِحِ (حَالَ الذَّبْحِ) (الدر المختار في رد المحتار على الدر المختار ج 6 ص 302 أيج أيم سعيد)

والعروق التي تقطع في الذكاة أربعة الحلقوم وهو مجرى النفس والمريء وهو مجرى الطعام والودجان وهما عرقان في جانبي الرقبة يجري فيها الدم فإن قطع كل الأربعة حلت الذبيحة وإن قطع أكثرها فكذلك عند أبي حنيفة رحمه الله تعالى وقالا لا بد من قطع الحلقوم والمريء وأحد الودجين والصحيح قول أبي حنيفة رحمه الله تعالى لما أن للأكثر حكم الكل كذا في المضمرات (الفتاوى الهندية ج 5 ص 287 رشيدية)

وَمِنْهَا: لَوْ اخْتَلَطَتْ مَسَالِيخُ الْمُذَكَّاةِ بِمَسَالِيخِ الْمَيْتَةِ، وَلَا عَلَامَةَ تُمَيِّزُ، وَكَانَتْ الْغَلَبَةُ لِلْمَيْتَةِ أَوْ اسْتَوَيَا لَمْ يَجُزْ تَنَاوُلُ شَيْءٍ مِنْهَا، وَلَا بِالتَّحَرِّي إلَّا عِنْدَ الْمَخْمَصَةِ.وَأَمَّا إذَا كَانَتْ الْغَلَبَةُ لِلْمُذَكَّاةِ فَإِنَّهُ يَجُوزُ التَّحَرِّي. (الأشباه والنظائر ج 1 ص305)

http://www.halalhmc.org/index.htm

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