animal stunning / isl mic slaughter

Animal Stunning / Islāmic Slaughter

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Ḥalāl Standards

"Animal Stunning / Ḥalāl Slaughter"

ACHMAT BIN YUSUF SEDICK-CARR


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Ḥalāl Standards (2014) "Animal Stunning / Ḥalāl Slaughter" Published by: Copyright © Achmat Bin Yūsuf Sedick-Carr, June 2014 / Ramaḍān 1435 Printed in Cape Town, South Africa by: ISBN: 978-0-620-53191-7

Typesetting & Layout: Shaykh Zaid Dante All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the copyright owner.


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Content Table

Content Table

About the Author …

Preface

Introduction

Scope

Definition

The Scientific (Technical) Perspective

Killing (Animals)

Pre-Stunning Phase

Animal Husbandry (Animal-Breeding)

Transportation

The Anatomy of Stunning

Merits or Demerits of the Stunning Method

Egregious Acts of Animal Abuse (Dr Temple Grandin)

Signs of a Properly Stunned Animal by Stunning Method Guideline Parameters for Electrical Stunning of Chicken and Bull Minimum Currents for Head-only Electrical Stunning Guideline Parameters for Electrical Stunning Electrical Requirements for Water-Bath Stunning Equipment Minimum Current for Birds

The Legislative Perspective

Common Types of Stunning Methods

1) Penetrative captive bolt 2) Non-penetrative captive bolt 3) Firearm with free projectile 4) Maceration 5) Cervical dislocation 6) Percussive blow to the head 7) Head-only Electrical Stunning 8) Head-to-Body Electrical Stunning 9) Electrical water-bath 10) Carbon dioxide (CO2) at high concentration 11) Carbon dioxide (CO2) in two phases 12) Carbon dioxide (CO2) associated with inert gas1 13) Inert gases 14) Carbon monoxide (pure source) 15) Carbon Monoxide associated with other gases 16) Lethal Injection

1 'Inert' - exhibiting no chemical activity; or exhibiting chemical activity under special or extreme conditions

'Inert gas': Any of the elements helium, neon, argon, krypton, xenon and radon, known to form some compounds


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Shar'ī and Fiqhi (Islāmic Law & Jurisprudential) Perspectives

Bovine Ovine Caprine Porcine

Restraining Animals before and after stunning Stunning Methods Life - ة � (al-ḥayā-tul-mustaqirrah) ا��ة ا��The Captive Bolt Stunning Exsanguination Slaughter-Movement - ا��ح �� [ḥaraka-tul-madhbūḥ] Involuntary Muscle-Movements/Spasms Islāmic Slaughter Types of Islāmic Slaughter The Islāmic Slaughter Criteria Conditions for the Slaughter Al-naḥr ( �� (ا�Opposing Animal Stunning

Gas Stunning: Ḥalāl or Ḥarām?

Conclusion

APPENDIX 1

Stunning of Animal (NHF)

APPENDIX II


Mechanical Methods

Electrical Methods

Electrical Methods (Cont)

Gas Methods

Gas Methods (Cont)

Other Methods

APPENDIX III

Diacritical Writings

Abbreviations

APPENDIX IV

Qurānic Verses Pertaining to Dābbah (�دا�) and its Derivatives [18 References]

APPENDIX V

List of Common Terminologies

Bibliography


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About the Author …

Shaykh Achmat Sedick hails from Salt River, Cape Town wherein he grew up and went schooling at Cecil Road Primary and Salt River High School, respectively. His Arabic and religious education and qualifications he obtained in Kuwait. He thereafter obtained a BA Honours degree in Social Work at the University of the Western Cape (UWC) and thereafter a Masters Degree (MA) in Comparative Islāmic Law at the International Islāmic University of Malaysia (IIUM). With his regular community involvement, Shaykh Achmat also completed, amongst other, various mini-courses in HIV/AIDS training, finance-management, corporate governance and strategic planning, etc. He is currently a Commissioner of Oaths, a registered Marriage Officer, a member of the Western Cape University Alumni, an Executive member of the Muslim Judicial Council SA (MJC), and a member of the Al-Azhar Institute Management Committee.

Shaykh Achmat was the first permanent Chairperson of Islāmic Social Welfare Association (ISWA) and worked for the South African National Zakāh Fund (SANZAF) for ten years in various work capacities. He thereafter taught at the MJC's Dārul Arqām Islāmic Institute (DAII) and was also one of its Principals, at the time. He then became the MJC's Secretary-General for ten years. After that he served as the 1st Deputy President of the MJC for seven years and is currently the Director of the MJC Halaal Trust (MJCHT) since 2013.

Shaykh Achmat furthermore attends International Conferences on ḥalāl, on behalf of the MJCHT and is therefore currently an Executive Member of the World Ḥalāl Council (WHC), serves as an official member on the World Ḥalāl Conference, Malaysia (WHC) and on JAKIM, Malaysia, representing the MJC Halaal Trust (MJCHT) and other world ḥalāl certifying authorities.

Insofar as his other community activities are concerned, Shaykh Achmat is the imām of the Kalksteenfontein masjid for the past twenty-one years. He currently serves as the Chairperson of the Board of Trust of the Muslim Broadcasting Corporation (MBC/VOC); the Vice-Chairperson of an interfaith group, the National Religious Association for Social Development (NRASD), and serves as a member on other interfaith dialogue groups. He also serves as a Trustee on the Bridgetown Masjid Board of Trust, the MJC Halaal Trust BOT and on various other trusts of the MJC.

Other books Shaykh Achmat authored are: "Marriage from an Islāmic Perspective" (1994), "Shūrā - Mutual Consultation" (2005), "Ḥalāl Standards - The laws and methodologies of ḥalāl slaughtering in Islām" (2012), "Ḥalāl Standards - Series" (2014), "Relationships in Marriage - Series" (2014) and other articles on various topics.


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Preface

Muslims are generally faced with a myriad of diverse life-challenges, lifestyles, cultural and ethnic diversities. This is especially experienced in the current globalized communities the Muslims find themselves living in. As a global Muslim ummah (nation/community) in this day and age, we cannot be rigged into having uncompromising madh-habī (ideological doctrinal) attitudes/debates that are microscopic (petty) and dogmatic about Sharī'ah (Islāmic law)2 rulings or directives on particular issues or matters. The approach should be one of broad-minded, in-depth, insightful and universal relativity and application of Sharī'ah in the broadest sense of the word, but in a well-balanced way. There should no compromise on our foundational Islāmic Principles, like what is clearly stipulated by Sharī'ah as ḥalāl, we ardently adhere to and implement them to the best of our ability. That which is clearly stipulated by Sharī'ah as ḥarām, must be avoided, distancing ourselves from it and never becoming involved in it, with the help and guidance from our Creator. Other Islāmic Principles, like maqāṣid-al-sharī'ah (the Objectives of Sharī'ah) and uṣūl-al-fiqh (Principles of Islāmic Jurisprudence), etc. should be our helping tools and mechanisms to judiciously navigate through the things or issues that the Qurān and Sunnah3 are silent on and/or do not expand on it. Technically, this is the basis or leverage for the application of ijtihād4 when no other direct reference or elucidation can be found in the Qurān and Sunnah on a particular issue/matter or mas-alah (question/query). There are, at least, two amongst so many other verses in the Holy Qurān that speak to well-balanced approaches, which epitomize nothing else except moderation in whatever we do when dealing with people and attending to our personal-selves. Muslims should adopt these well-balanced and in-depth approaches when they convey the Divine message to non-Muslim communities and - at the same time - live accordingly to it in a non-dogmatic way. They therefore become the true ambassadors and role-models of ḥalāl. When someone else become impressed about the beautiful, wise, serene and dignified way a Muslim conducts his/her life and simultaneously lives according to the dictates of Sharī'ah, the admirer will automatically follow suit. Says Almighty All āh:

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Thus We have made you [true Muslims - true followers of the Prophet Muḥammad (s.a.w.s.) and his Sunnah (legal ways)], a wasaṭ [just, well-balanced and the best] nation, that you be witnesses over humanity and the Messenger [Muḥammad (s.a.w.s.)] be a witness over you.5

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And strive hard in All āh's Cause as you ought to strive (with sincerity and with all your efforts that His Name should be superior). He has chosen you (to convey His message of Islāmic monotheism (tauḥīd) to humanity by inviting them to His religion, Islām), and has not laid upon you any hardship in the dīn (i.e. the Islāmic way of life); it is the dīn of your father Ibr āhīm [Abraham (a.s)]. It is He (All āh) who has named you Muslims both before and in this (Qurān), that the Messenger [Muḥammad (s.a.w.s.)] may be a witness over you and you are witnesses over humanity!6 2 'Sharī’ah ' is literally translated as 'Islāmic law'. The sources of Islām, namely: the Holy Qurān; the sayings and deeds of

the Prophet (s.a.w.s.) [i.e. sunnah] and it includes ijmā’ (consensus of scholars) and qiyās (analogy). Generally, it refers to the orders of Almighty Allāh, which incorporates ‘aqīdah (principles of belief) and fiqh (jurisprudence) that relate directly to the actions of people who are responsible and accountable by obligation, option or waḍ-'u [a requirement prior to the implementation of any Sharī’ah obligations e.g. adhering to prayer time is a requirement for the specific farḍ (obligatory) prayer to be valid].

3 'Sunnah' refers to Prophetic guidance, especially what the Prophet Muḥammad (s.a.w.s.) did and said; approved and disapproved of, etc. 4 Ijtih ād is: Independent judgment in a legal or theological question that is duly derived from legal injunctions of the Qurān,

sunnah (Prophetic guidance) and ijmā' (consensus of scholars), etc. That is, a process of formulating independent decisions (by an Islāmic legist) in legal or theological matters and/or interpreting, giving or adjusting legal opinions on religious matters.

5 Al-Baqarah: Q2: 143 6 Al-Ḥajj: Q22: 78


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Living ḥalāl and avoiding ḥarām are two paradoxical realities of life that cannot be circumvented, but need to be dealt with judiciously otherwise a person will be torn asunder by doubt, confusion and misery. Food generally falls within this equation of ḥalāl & ḥarām because without food we cannot live, but then we must be reminded to eat to survive and not survive to eat. Moderation is the key word here, because we live in a world where there are many extremes to be found. We also have a tendency to find fault or defects in the ḥalāl and for justifications of good and delight in the ḥarām. We therefore compromise our duly apportioned divine sustenance (rizq) by our Provider, which He has allotted to us, in His infinite wisdom and mercy, for our survival on earth. Yet, ḥarām is what we prefer above ḥalāl or, at least, we compromise ḥalāl by seeking justification in ḥarām. Thereby forgetting or diluting the twin-half of ḥalāl which is none other than ṭay-yib. Ṭay-yib which refers to 'good, beneficial, nutritious and wholesome' should always be sought after in or associated with ḥalāl. In this way, ḥalāl is further blessed by Almighty Allāh. However, when conscientiously dealing with ḥalāl and ḥarām, the duly apportioned divine sustenance (rizq) by our Provider should not be ignored, compromised or discarded. For our own reflections, allow me to quote, at least, one qurānic verse in this regard.

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It is We who portion out between them (humanity) their livelihood in the life of this world: and We raise some of them above others in ranks, so that some may command work from others.7

After understanding and internalizing the above-mentioned few basic Islāmic factors of life in terms of ḥalāl and ḥarām Muslims should learn to respect and dignify ḥalāl, which transcends food. There should, nonetheless, be the consciousness of properly and conscientiously managing our food-intake and the type of food we eat. This actually refers to the food-intake of healthy and nutritious diets. After all, we are what we eat. We must always ensure that whatever we eat is ḥalāl-compliant and to take control of ḥalāl. Therefore, besides having the vigilance about our ḥalāl-compliant food-intake we must become ḥalāl-savvy, as well. Cognizance should be taken that being ḥalāl-compliant and ḥalāl-savvy surpasses food consumption because its application and vigilance also incorporate all the non-consumable products, like cosmetics and clothing, etc. Lastly, when it comes to eating food, there are always preparation and procedure involved in it because one, for example, cannot just take a live chicken, a goat, or a sheep and start eating it; we are long past the days of cannibalism. Even in those days, whether it was the 'Stone-Age' or the 'Ice-Age' or any other Era, means and ways were found to kill the animal or bird first and then to eat it. The Islāmic way is following the Abrahamic way [i.e. the incident/story about the Prophet Ebrāhīm (a.s) and his son, Ismā-īl (a.s), that culminated into what is known today as the 'qurbān' - animal sacrifice]. Islām or Sharī'ah prescribes Islāmic slaughter of the permissible (ḥalāl) animal or bird. We must remember that we live in a globalised world of about seven (7) billion people who need to eat daily and of which Muslims comprise about 28% of the global population. Many technological innovations and advancements have been introduced in killing the animal/bird for human consumption. Some of these innovations pose as challenges to the traditional, ritual Islāmic killing of the animal/bird. One such thing currently is 'stunning of the animal/bird' as a killing method and/or facilitating the hand-slaughter method. This document attempts to address 'stunning of the animal/bird' and give an Islāmic perspective or interpretation on it.

Thank You (June 2014 / Ramaḍān 1435)

7 Az-Zukhruf: Q43: 32


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Introduction

‘Stunning the animal’ has to do with the welfare of the animal in the entire process of dealing with and treating the animal from its birth to the point of killing it and the subsequent quality of its meat for human and other consumption. The welfare of the animal includes the period before and during the animal’s life (pre-slaughter phase), which incorporates its feeding and nurturing regime for its entire life-span - from birth till death (slaughter and post-mortem phases) - on earth. The Prophet Muḥammad (s.a.w.s.) said:

�ر و � �ار � There should be neither harming nor reciprocating harm.8

The above-quoted Prophetic Saying (ḥadīth) is very much applicable to the role of the human being within the animal, marine and ecological worlds because the animal, for example, can harm you and you can harm the animal. Analogously, the essence of the above-quoted ḥadīth is that the human being should have the qualities of compassion, consideration and excellent humane treatment when dealing and interacting with especially the other ‘worlds’ of the creation of Almighty Allāh. For indeed, Almighty Allāh is:

رب ا�� Lord of the 'ālamīn (i.e. the universe, humanity, jinns and all that exists of the other creations of Almighty All āh).9

'Humane' is synonymous to 'kindness' and 'mercy', thus it connotes assurance that the animal-to-be-slaughtered does not suffer unnecessary pain when being killed. It should be a civilized and not a barbaric killing. Consequently, the animal must experience 'humane-killing' in which the highest level of compassion is shown to it. One key objective of the relationship between the human being and the animal world is as expounded upon by Almighty All āh in the Holy Qurān:

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And (All āh) has subjected to you all that is in the heavens and all that is in the earth; it is all as a Favour and Kindness from Him. Verily, in it are signs for a people who think deeply.10

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It is neither their meat nor their blood that reaches Allāh, but it is the piety from you that reaches Him. Thus have We made them subject to you that you may magnify Allāh for His guidance to you. And give glad tidings [O Muḥammad (s.a.w.s.)] to the doers of good (muḥsinūn).11

We must be cognizant of the fact that the process of animal stunning is an integral part of the global trends and objectives of producing good, nutritious and quality food for the world's food consumers, endeavouring food security, as well. The global trends and statistics of food security strongly indicate that there are worrying global food shortages, thus the existence of extreme poverty in the world. This actually necessitates increase in food production; and proper and efficient management thereof. Animal Stunning is a process or one of the major mechanisms (or alternatives) of facilitating a process in the mass global food/meat production industry. It is also a religious and universal principle - and as the above-mentioned verses indicate that - certain animals may be killed for human consumption, thus securing food for human beings to consume.

8 Ibn Mājah 9 Al-Fātiḥa: Q1: 2 10 Al-Jāthiyah: Q43: 13 11 Al-Ḥajj: Q22: 37


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As Muslims, we must be able to blend our religious (Sharī'ah) knowledge with that of science in the broad field of food production and consumption. Must the global ḥalāl industry have a hand in this? Let us read further.

Scope

In this document/presentation we are primarily looking at the relationship between the human being and the animal world, particularly the effects or impact of stunning the permissible (ḥalāl) animal before killing it. Many books, articles or researched papers have been written on animal stunning, yet this is another attempt to look at 'Islāmic animal stunning' within the framework of international Slaughter Standards, viz.:

• A scientific (technical) perspective • A legislative perspective • Shar'ī and/or Fiqhi (Islāmic Law & Jurisprudential) perspectives

The intention of this document is to derive a standard for animal stunning, in accordance with Islāmic law, which by God's Leave (inshā-Allāh) will be compatible to the international standards and contemporary trends of stunning within the global ḥalāl industry.

Definition

'Stunning', which is generally referred to in the Arabic language as "takhdīr" , is often described as rendering an animal unconscious for a short time especially by hitting it on the head (e.g. the animals are stunned before they are being slaughtered). 'Stunning' also implies to daze or render unconscious, as by a blow. Stunning is the process of rendering animals immobile or unconscious or into a stupor (insensible), without killing the animal, prior to them being slaughtered for food. An EU Regulations document of 2009 states that stunning is [a method] to induce a lack of consciousness and sensibility before, or at the same time as, the animals are killed, i.e. "any intentionally induced process, which causes loss of consciousness and sensibility without pain, including any process resulting in instantaneous death.” The key words for successful stunning are: "insensibility" and "unconscious". (We shall elaborate on these two key words, later on).

The Scientific (Technical) Perspective

Killing (Animals)

To kill an animal implies that you have taken life from it. You have stopped the body's breathing process by fundamentally cutting off the oxygen-supply in the body, especially at the functions of the heart and brain. These are two main 'life-functional centres' in the body. Oxygen is relayed to the heart, brain and other parts of the body via the arteries and veins in the body, giving life to the body. By depriving instantaneously and simultaneously the flow of oxygen to the brain and the heart essentially expedites death. Universally, this is considered "humane death". Islāmic slaughter basically underscores 'humane slaughter' and 'humane killing' of the animal, like the following ḥadīth articulates foundational principles for such humane killing of the animal. The Prophet Muḥammad (s.a.w.s.) said:

/,. ، و��,+ : *(�ن )'& �$ "!ء إن الله �� ا� 94ذا 8�'�5 34*(12ا ا7��'. ، وإذا ذ/,�5 34*(12ا ا�0 .أ*+5� "=�>: ، و��ح ذ/�,�:

Verily, All āh has prescribed proficiency and kindness in all things. Thus, when you kill, kill well; and when you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters.12

12 Muslim and Tirmidhī


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In essence, when a Muslim intends killing a domesticated, permissible animal (i.e. before slaughtering the animal) the following criteria need to be observed:

The slaughter environment/space must be: • Clean and sanitized • Hygienically conducive for the slaughter process • Appropriate for the type and animal size, and slaughter mechanisms/tools • Conducive to humaneness (kindness & mercy) [al-iḥsān], which should be applied to the entire

processes of pre-slaughter, slaughter and post-mortem phases • As such that no harmful, violent and reckless handling of the animal should occur

The animal must be: • Not harmed, injured, hurt or mutilated • Alive • Healthy without any ailments or diseases • Of sound body without any defects or injury • Well fed and nurtured • Calm and tranquil (composed), and not startled

The slaughterer must be: • A Muslim • Of sound mind and not under the influence of alcohol or narcotics • Knowledgeable of the Islāmic slaughter criteria and requirements • A trained and skilled slaughterer • Wearing appropriate protective clothing when involved in the slaughter processes

The slaughter instrument must be: • Super, razor-sharp and not blunt • Smooth and not serrated13 • Sanitized • Of appropriate type and length, e.g. at least 30cm long14 • Not a claw, bone, fang, tusk or a (finger or toe) nail

The slaughter-slit must be: • A swift clean-cut(s) • A forward and backward hand-movement once to a maximum of three times (without lifting the

knife from the throat), but it can never have a "sawing-effect". [Some 'ulamā opine that the "sawing-effect" is permissible, as long as the knife is not lifted from the throat].

• In the throat (al-ḥalq) area of the body, cutting the skin and severing (1) the windpipe (2) the gullet (3) the two arteries (4) and the carotid arteries

• Not cutting or severing the spinal cord

The slaughter environment/space must comply with all the sanitation and disinfection regulations, for example:

� By having appropriate mechanisms or facilities for hand-washing and cleansing of tools � By having high standards of waste management systems � By having internationally approved drainage systems � By applying proper waste disposal procedures of wastewater, blood and hair; tissue and bone

particles and grease, etc. � By avoiding any bacterial contamination � By removing all residual wastages through having suitable building materials, e.g. floors and

walls without cracks; high enough ceilings and adequate, controlled ventilation, etc.

13 Rough-edged, i.e. the edge-margin of the knife is notched with tooth-like projections, e.g. a bread cutting-knife 14 Some ‘ulamā stipulate that it must be 25cm long for cattle, giraffes and camels and 18cm long for sheep and goats


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Pre-Stunning Phase

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And the budn (cows, oxen, camels, sheep or goats driven to be offered as sacrifices by the pilgrims at the sanctuary of Makkah) We have made for you as among the Symbols of Allāh, therein you have much good. So mention the Name of All āh over them when they are drawn up in lines (for sacrifice). Then, when they are down on their sides (after slaughter), eat thereof.15

1 2 3 4

The above-quoted qurānic verse has reference to the ḥajj period in Makkah, Saudi Arabia and more specifically to the animal sacrifice (qurbān) period. Technically-speaking, the underlined words in the verse refer to the animal-caring phase that is transpiring at the animal abattoirs just before the animal is slaughtered. At the animal abattoir it is called the holding (crowd) pen that leads the

individual animal (in rows – one following the other up to the chute (shaft) [¤∃ !#uθ |¹ - drawn up in

lines], to the 'restraining' or stunning box, to be slaughtered [See pictures16 above].

In terms of animal welfare, this is part of the humane process for the animal just after its off-loading from its transporting vehicle. The health and animal welfare authorities therefore have constant vigilance from the point of ‘up-loading’ the animal(s) unto the transport-vehicle(s) at the farm, right up to the point of slaughter at the abattoirs, and even thereafter. This process is also monitored through a paper-trail. (That is, all details about the animal must be recorded and cross-referenced).

Animal Husbandry (Animal-Breeding)

This is probably the most important phase of preparing an animal for slaughter. Animal-husbandry actually refers to nurturing a process in which the young of the animals are "produced" in a controlled way on a farm or within a specific environment/place, through the same type of specie-breeding (pure-bred or cross-bred). It is to ensure that the animal is lined up at the slaughterhouse to be slaughtered is of a high quality; a properly fed and well-nurtured animal to yield the best quality meat for human consumption. For example, it is said that there are more than 800 different cattle breed-type in the world. Depending on the climatic conditions of hot, cold, warm, or Mediterranean, etc. in a particular country, different types of cattle breeds (see sample pictures, below)17 are to be found in such places.

15 Al-Ḥajj: Q22: 36 16 Pic.1 - shows the holding pen for the animals after off-loading and they way they guided to the chute Pic.2 - indicates the animals in the outside of the chute, walking (voluntarily) one-following-the-other Pic.3 - illustrates that the animals are now inside the chute in single file, standing one behind the other, waiting to enter the small gate to the stunning area. Pic.4 - shows the animal in a head restrainer in the stunning box

17 Pic.5 - Holstein_cows_large Pic.6 - Tudanc Bull Pic.7 - Square_Me After Pic.8 - Watusi_Thoiry


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5 6 7 8

There are also various cattle breeding methods/categories, e.g. selective breeding, crossbreeding, inbreeding, smart-breeding, mutation breeding, preservation breeding, out-crossing and hybrid breeding. The most common cattle specie-types for breeding are the 'taurine (taurus)' and the 'indicus' cattle. Sometimes the animals are hybrid animals, like the mule, which is a hybrid (cross-bred) of a male donkey and a female horse. Therefore, at the cattle breeding farms the cattle are graded and kept in separate cattle-pens (holdings) as they are being cared for by the breeding farmer (cultivar). An integral part of nurturing the breeding of cattle is the type of feed-lot, the immunization and nutrition the cattle are being fed, ensuring a healthy, well-fed and well-nurtured animal. In some Islāmic quarters a lot of debate devolves on whether an animal is fed with nutritious and wholesome (ṭay-yib) feeds. It can also become a highly controversial matter, especially of rendering a ḥalāl animal ḥarām, just because of what it was eating. What the animal eats naturally (from nature) is not a criterion for rendering it ḥarām or ḥalāl before or after it is slaughtered. The Islāmic slaughter procedure thereof is the most important. However, if the feed proves to be harmful, toxic, injurious, poisonous or detrimental to the animal or its meat (for its subsequent human consumption), then the animal must be rendered unfit for human consumption.

Transportation

The transportation procedure includes:

• The strict observance of the health and physical conditions of the animal before its removal from the farm where it was bred, fed and immunized [i.e. without a ‘clean-bill-of-health’ the animal(s) may not be removed from the "breeding" farm(s)]

• One specie-type of animal(s) is to be transported per vehicle, ensuring that different (live-stock) animal species are not mixed in one vehicle

• The roadworthiness of the vehicle [i.e. the safety & security of the animal(s) in transit] • The vehicle-appropriateness to humanely facilitate the animal(s) • Other humane conditions on the vehicle(s) that are to be taken into consideration:

� The feeding and drinking (i.e. water) of the animal(s) in long-distance transit � The protection of the animal(s), depending on the variations in the weather conditions of

being severely hot, windy or cold, etc. for the entire duration of transportation � The transporting time taken: from up-loading to off-loading the animal(s) � The humane handling of the animal(s) during the up-loading and off-loading procedures � The appropriateness of the ‘off-loading bay’ of the animal(s) from the vehicle(s) � The walking/guiding the animal into the holding (crowd) pens.

The Anatomy of Stunning

This refers to what exactly do you look for at the point of stunning, determining whether the stunning is (a) correct and (b) accurate; it is (c) painless; and that the animal is (d) still alive, but it is (e) insensible and unconscious. The latter-mentioned two words are synonymous in their trajectory meanings and symmetrical in their functioning for the body after the head is stunned. After the head is stunned, it renders the brain and thus the animal insensible18 and unconscious19. According to animal welfare proponents, if the animal is not in the aforementioned state of insensibility and unconsciousness as a result of the stunning, then the stunning was wrong. Harm and hurt had been

18 The thesaurus' synonyms: numb, lacking feeling, insensate 19 The thesaurus' synonyms: comatose, unaware, unwitting, oblivious


14

inflicted on the animal. The animal is now enduring pain and stress. Therefore there is also a strict 'code' on the precision, quality and appropriateness of the stunning equipment and tools, as per stunning method. At the instant of insensibility and unconsciousness the animal's body is flabby and motionless, without any reflexes or responses because the brain function had been slowed down to being completely numbed or incapacitated. Thus, the brain is temporarily totally or partially non-functional. Nonetheless, after the stunning, like with the captive-bolt stunning, it is an irreversible process. At this stage, the animal's body is like that of a human being who is in a deep sleep and/or who is in a complete state of unconsciousness after being anaesthetized [or carbonized, when a gas mask was put over the mouth and nose of the person to go into a deep sleep in order to extract his / her teeth, for example]. In the process, the heart beat is also slowed down or lowered to faint heart beats. This is because there are no stimuli - especially hardly any brain functioning - activating almost anything in the body, but the heart is beating faintly. The body thus appears 'dead'. At the moment of stunning, examine with your eyes and ears the limb and other movements, for example, of the cow or bull [below Dr Temple Grandin (2012) gives us some guidelines how and what to look for], viz.:

- The head - The back - The eyes - The tail - The tongue - The legs (kicking) - The breathing - The nose - The vocalization (moo, bellow or squeal)

Merits or Demerits of the Stunning Method

Here we are looking at the value and validity of the stunning method, as per its acceptability for ḥalāl slaughter or not. Above, we tabulated a range of specific conditions for the correctness of the animal qualifying for ḥalāl slaughter. These conditions are applicable for ḥalāl-killing and therefore great care must be exerted for its prompt implementation. All tabulated conditions are measurable (to a very large extent), except for the issue of 'pain' and other emotional trauma the animal may experience. This, indeed, requires further in-depth scientific research. Does the animal experience pain when the captive bolt, for example, penetrates through its skull into its brain and when its throat is slit with the knife and thereafter? However, the blood must flow out from the body (exsanguination) otherwise its meat will be considered contaminated and bacterially infested for human consumption. Essentially, the issue of insensibility and unconsciousness has to do with the 'pain' or 'minimizing the pain' the animal may be experiencing at the time of stunning (by using any one of the stunning methods) and slaughter (by hand or mechanically with the machine blade). We have already alluded to the fact that this is difficult to measure and/or it is immeasurable at face-value, therefore it needs profound scientific research to determine the extent of the pain and other emotional trauma. A parallel is often used, like from a human perspective if a person is cut with a very sharp, smooth knife or blade the person will feel pain. If a needle is punctured into one's head pain is felt, what still if a captive bolt is shot into one's skull, penetrating the brain? Thus, we cannot compare the slaughter and stunning of an animal with a human being; the two are simply not compatible yardsticks (measuring tools) for the same purpose of study or comparison. Nonetheless, the permitted (ḥalāl) animals for slaughter and Muslim consumption have been divinely created for the purpose and survival of humankind, thus killing them for such purposes is divinely condoned. Says Almighty Allāh:

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It is neither their meat nor their blood that reaches Allāh, but it is piety from you that reaches Him. Thus have We made them [i.e. the budn (cows, oxen, camels, sheep or goats, etc.)] subject to you that you may magnify Allāh for His guidance to you. And give glad tidings [O Muḥammad (s.a.w.s.)] to the muḥsinīn (doers of good).20

20 Al-Ḥajj: Q22: 37


15

Moreover, how to kill the animals is also well-directed by Sharī'ah, which is via slaughtering them. The zoologists, the animal welfare protagonists and other scientists (denoted as secularists) have started to study and analyze animal behaviour, breeding, slaughtering and treatment of it, etc. They then cascaded their analyses into various components for human understanding and implementation. The objective is: the animal's welfare, especially in terms of humane treatment, handling and killing it. In the rationale of stunning the animal, the zoologists, the animal welfare protagonists and other scientists agree with the religious principles that the animal must be killed before the human being can eat it. Principally, this increased the focus and vigilance onto various phenomena of humane treatment, handling and humane killing/slaughter, etc. of the animal, especially in the meat industry. It furthermore protracted the attention on many other aspects of 'humane' animal treatment, like hygiene, sanitation, quality and nutritional values, etc. of the animal. The animal welfare and humane treatment are, in fact, similar to or coincide with principled areas that Sharī'ah proclaimed more than 1 435 years, ago for the humane treatment and humane killing of animals. However, in recent years the non-Muslim scientists started to introduce stunning the animal prior to its slaughter as to eliminate or minimize the pain the animal may be experiencing during the slaughtering/killing of it - humane killing. It was also to produce a better quality meat by implementing the technologically-developed stunning and the subsequent exsanguination, hygiene, sanitation and other processes when humanely killing the animal. Stunning is also to stabilize and 'comatose' the animal (i.e. it being in a complete dazed, relaxed physical state) and in this way, technically speaking, it does not feel anything. Various technologically-developed stunning methods have then been introduced, as a justification for mundane humane killing of the animal. Most of the international 'ulamā (religious scholars) fraternity who looked into the feasibility of the stunning methods, generally used three basic scientific verification methods to determine whether the stunning is Islāmically conducive or not, viz.: observation (physical, practical assessments), literature reviews and consulting science experts and academia in the field. They then conferred and contrasted this information with the Islāmic criteria for slaughter. The 'ulamā who have confirmed certain types of stunning as conducive (ḥalāl) for Islāmic slaughter, developed, amongst other, certain slaughter/killing criteria that are as follows:

From an Islāmic perspective, before an animal is stunned it must be:

� Alive; there must be visible signs of life (e.g. breathing, sounds or movements) in the animal � Of sound body and not deformed or having any other bodily defects or injury or mutilation � A healthy animal and must not suffer from any illnesses or having any diseases [e.g. mad cow,

tetanus or hydrophobia diseases, etc.] � Not an abused and neglected animal [see details (egregious acts), below] � Calm and relaxed (composed)

Immediately after the animal is stunned, it must be:

� Alive; there must be visible signs of life (e.g. breathing, sounds or movements) in the animal � Insensible � Unconscious � Handled and treated with dignity [see details (egregious acts), below] � Immediately Islāmically slaughtered - in the shortest period of time - after the stunning and

when the blade is put to its throat � Not suffering (e.g. pain, distress, cruelty, etc.) in whatsoever way � Not decapitated, or any limbs cut off, or scalded, unless it is dead � Bled out completely


16

Egregious Acts of Animal Abuse (Dr Temple Grandin)

Egregious acts are not limited to this list. � Intentionally poking of a stick, electric prod, or other object into a sensitive part of the animal

such as the eye, nose, mouth, ear, rectum, or udder � Cutting off limbs, skinning, or scalding an animal that shows any sign of return to sensibility.

� The American Meat Institute guidelines also have zero tolerance for starting dressing

procedures on animals showing signs of return to sensibility. They MUST be immediately re-stunned.

� Breaking a bone, causing bruises, or causing falls in sensible animals with powered equipment

such as animal restraint devices, head holders, stun box doors, or mechanical gates. This can be caused by either wilful intent by a person, improper adjustment of the equipment, poor maintenance, or exceeding the capacity of the equipment. Some more specific examples are:

• A head-holder that breaks an animal’s jaw or causes bruises. • A powered gate that drags a fallen animal along the floor. • A powered guillotine gate that slams an animal down onto the floor. A fall occurs if the body

touches the floor. • A broken rib due to excessive pressure from a restraining device.

� Throwing, dragging, or dropping sensible animals. The Humane Slaughter Act regulation

specifically forbids dragging sensible animals. There have been arguments between plant management and inspectors on what constitutes dragging. Is rotating a non-ambulatory pig on the floor to get it onto a sled an egregious act of dragging? I recommend that an egregious act of dragging be defined as dragging the animal more than 1 body length. This provides a guideline that is easy for an inspector to interpret and it allows for positioning a pig to put it on a sled or remove it from a chute.

� Multiple applications of a stunner that is obviously broken or malfunctioning.

Numerical scoring on the American Meat Institute guidelines for stunning, falling, vocalization, or electric prod use that is over the serious problem level. Slipping scores would not be included. Egregious numerical score would be:

Vocalization

Over 10% of the cattle vocalize. The level for egregious vocalization in pigs needs to be determined. Do not use vocalization scoring for sheep.

Electric Prod Use

Over 50% of the animals are electrically prodded. Applies to all species.

Falling Over 5% of the animals fall in any part of the plant's facilities. Applies to all species.

Stunning

Captive bolt - Over 10% of the animals require a second shot. Electric stunning - Over 5% of the animals wrong wand placement; Over 4% hot wanded.


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All of the acts of abuse listed in the AMI guidelines. Beating animals, deliberately driving animals over the top of other animals, or wilfully slamming any type of object on an animal are listed as acts of abuse. There have been several plants shut down and there was an argument over whether or not a person was beating an animal or tapping it. This is an area where a good training video is needed. Until that video is available, another method for determining that egregious beating has occurred is to look for bruises or injuries. If the INTENTIONAL actions of a person cause a bruise or other injury that it should be considered egregious. � Hoisting of a sensible animal by its leg or legs onto the bleed rail. This is an egregious violation

of humane slaughter regulations. Unfortunately, there is a religious exemption in the U.S. regulation. However, the AMI guidelines and the regulations in Europe and Canada forbid hoisting of sensible animals before religious slaughter. Most large meat customers also forbid live shackling and hoisting. See the ritual slaughter section of Grandin.com and the AMI guidelines. There have been questions on how to interpret this when an animal showing a small sign of partial return to sensibility is re-stunned while it is hanging on the rail. Re-stunning the animal in this situation is the right thing to do. This would definitely NOT be an egregious violation and a plant should never be punished for doing this. Hoisting a sensible animal is egregious when it is an animal showing OBVIOUS signs of sensibility such as bellowing, squealing, natural blinking like live animals in the lairage (stockyard), or a full righting reflex.

� Failing to provide water for animals held over a weekend. � A death loss of 10% of the pigs on a truck load of pigs which was caused by the truck having to

wait 3 hours to unload when the temperature was 100 degrees F. This could have been prevented with fans, a water hose, or driving the truck to create better ventilation. This would be an example of egregious abuse caused by negligence.


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Signs of a Properly Stunned Animal by Stunning Method: From the 2010 Edition of Recommended Animal Handling Guidelines and Audit Guide21 METHOD

HEAD

TONGUE

BACK

EYES

LIMBS

VOCA LIZE

RESPI RATION

TAIL

RESPONSE TO PAIN

Cattle C A P T I V E BOLT

Must appear dead, hang straight and floppy

Straight and limp

Hanging straight no righting reflex22

No natural blinking; wide open, blank stare; no response to touch; nystagmus absent

Uncoordinated kicking of hind legs, acceptable; no righting reflex present

None

Rhythmic breathing (ribs moving in and out at least twice) is absent; Agonal gasping not acceptable

Relaxes shortly after being on the rail

A pinch or pinprick may be applied to nose only and NO response should be observed

Cattle E L E C T R I C


Straight and limp

Hanging straight no righting reflex

Eyes may vibrate but no natural blinking

Uncoordinated kicking of hind legs, acceptable; no righting reflex present

None

Agonal gasping like a fish out of water, normal; Rhythmic breathing is absent



Pig CO2


Straight and limp

Hanging straight no righting reflex

No natural blinking

Uncoordinated kicking of hind legs acceptable; No righting reflex present

Agonal gasping like a fish out of water normal; Rhythmic breathing (ribs moving in and out at least twice) is absent



21 Dr Temple Grandin - Dept of Animal Science, Colorado State University - Revised 2012 22 The righting reflex , also known as the Labyrinthine righting reflex, is a reflex that corrects the orientation of the body

when it is taken out of its normal upright position. It is initiated by the vestibular system, which detects that the body is not erect and causes the head to move back into position as the rest of the body follows (internet).


19

The following technical parameters need to be regularly checked:

Guideline Parameters for Electrical Stunning of Chicken and Bull23 Type of Stock

Weight

(kg)

Current

(A)

Voltage

(V)

Duration

(s)

Chicken

2.40 - 2.70

0.20 - 0.60

2.50 - 10.50

3.00 - 5.00

Bull

300 – 400

2.50 - 3.50

300 - 310

3.00 - 5.00

Minimum Currents for Head-only Electrical Stunning 24 Category of Animals

Bovine Animals less than of 6 months

Bovine Animals of 6 months or older

Animals of Ovine and Caprine species

Animals of Porcine Species

Chicken

Turkeys

Minimum Current

1.25 A

1.28 A

1.00 A

1.30 A

240mA

400mA

Guideline Parameters for Electrical Stunning25

TYPE OF STOCK CURRENT (Ampere) DURATION (Seconds) Chicken 0.25 – 0.50 3.00 – 5.00 Lamb 0.50 – 0.90 2.00 – 3.00 Goat 0.70 – 1.00 2.00 – 3.00 Sheep 0.70 – 1.20 2.00 – 3.00 Calf 0.50 – 1.50 3.00 Steer 1.50 – 2.50 2.00 – 3.00 Cow 2.00 – 3.00 2.50 – 3.50 Bull 2.50 – 3.50 3.00 – 4.00

Buffalo 2.50 – 3.50 3.00 – 4.00 Ostrich 0.75 10.00

Electrical Requirements for Water-Bath Stunning Equipment26

[Stunning should be with Minimum Current-Specifications (milli-amperes-mA)]

Frequency (Hz) Chickens Turkeys Ducks & Geese Quails Minimum Duration

< 200 Hz

100mA

250mA

130mA

45mA

4 seconds

From 200 - 400 Hz

150mA

400mA

Not permitted

Not permitted

4 seconds

From 400 - 1 500 Hz

200mA

400mA

Not permitted

Not permitted

4 seconds

23 Malaysian Standard: MS 1500: 2009 24 Malaysian Standard: MS 1500: 2009 25 Thai Agricultural Standard TAS 8400-2007. p.6 and Malaysian Standard: MS 1500: 2009 26 OIE - The Official Journal of the European Union: Council Regulation (EC) No 1099/2009 of 24 September 2009 - REGULATIONS


20

Minimum Current for Birds 27

Species Current [milli-amperes (mA) per bird] Duration (s) Broilers

100

(Min) 4 Seconds

Layers (spent hens)

100

(Min) 4 Seconds

Turkeys

150

(Min) 4 Seconds

Ducks and Geese

130

(Min) 4 Seconds

The Legislative Perspective

Common Types of Stunning Methods (Please refer to Appendix II for a summary)

9 10 11 12 13

17) Penetrative captive bolt28

This ‘simple’ stunning method causes severe and irreversible damage of the brain, which is provoked by shock and the penetration of a captive bolt.

18) Non-penetrative captive bolt

This ‘simple’ stunning method is also known as “the mushroom stunning”. It causes severe damage of the brain by the shock of a captive bolt without penetration.

19) Firearm with free projectile

This stunning method causes severe and irreversible damage of the brain, which is provoked by the shock and the penetration of one or more projectiles.

20) Maceration

This stunning method causes immediate crushing of the entire animal.

21) Cervical dislocation

This stunning method refers to the manual or mechanical stretching and twist of the neck, provoking cerebral ischemia.

27 OIE - The Official Journal of the European Union: Council Regulation (EC) No 1099/2009 of 24 September 2009 - REGULATIONS 28 Pic.9 - it is an Australian captive bolt gun Pic.10 - indicates the exact spot/point where the captive bolt/bullet should penetrate Pic.11 - illustrates how the captive bolt/bullet goes through the skull and straight into the brain Pic.12 - shows the stunner-man “pulling the trigger” of the captive bullet gun into the animal’s head Pic.13 - shows the stunner-man using the pneumatic captive bolt gun, shooting the bolt into the animal’s head


21

22) Percussive blow to the head

This stunning method refers to a firm and accurate blow to the head, provoking severe damage to the brain.

23) Head-only Electrical Stunning

This is referred to as a ‘simple’ stunning method. It exposes the brain to a current generating a generalised epileptic form on the electro-encephalogram (EEG).

24) Head-to-Body Electrical Stunning

This stunning method refers to an exposure of the body to a current generating at the same time a generalized epileptic form on the EEG and the fibrillation or the stopping of the heart. In the case of slaughter, it is referred to “simple stunning”.

25) Electrical water-bath

This stunning method refers to an exposure of the entire body to a current generating a generalized epileptic form on the EEG and possibly the fibrillation or the stopping of the heart through a water-bath. However, it is referred to “simple stunning” except when the frequency is equal to or it is less than 50 Hz.

26) Carbon dioxide (CO2)29 at high concentration

This stunning method refers to a direct or progressive exposure of conscious animals to a gas mixture containing more than 40% carbon dioxide. The method may be used in pits, tunnels, containers or in buildings previously sealed. It is generally used as a “simple stunning” in the case of slaughter of pigs

27) Carbon dioxide (CO2) in two phases

This stunning method refers to a successive exposure of conscious animals to a gas mixture containing up to 40% of carbon dioxide, followed when animals have lost consciousness, by a higher concentration of carbon dioxide.

28) Carbon dioxide (CO2) associated with inert gas30

This stunning method refers to a direct or progressive exposure of conscious animals to a gas mixture containing more than 40% carbon dioxide. The method may be used in pits, bags, tunnels, containers or in buildings previously sealed. However, it referred to “simple stunning” for pigs if the duration of exposure to, at least, 30% of carbon dioxide is of less than 7 minutes.

29) Inert gases

This stunning method refers to a direct or progressive exposure of conscious animals to an inert gas mixture such as Argon or Nitrogen, leading to anoxia. The method may be used in pits, bags, tunnels, containers or in buildings previously used.

30) Carbon monoxide (pure source)

This stunning method refers to an exposure of conscious animals to a gas mixture containing more than 4% of carbon monoxide.

31) Carbon Monoxide associated with other gases

This stunning method refers to an exposure of conscious animals to a gas mixture containing more than 1% of carbon monoxide associated with other toxic gases.

29 A colorless, odorless and incombustible gas 30 'Inert' - exhibiting no chemical activity; or exhibiting chemical activity under special or extreme conditions

'Inert gas': Any of the elements helium, neon, argon, krypton, xenon and radon, known to form some compounds


22

32) Lethal Injection

This stunning method refers to a loss of sensibility and consciousness followed by irreversible death induced by the injection of veterinary medicines.

Shar'ī and Fiqhi (Islāmic Law & Jurisprudential) Perspectives

For the purpose of this section of the presentation, it is important to clarify certain terminologies and/or concepts like in the ḥalāl industry the following kinds of specie-reference are often mentioned:

Bovine

Essentially, 'bovine' refers to the ox, cow, buffalo, or other ruminant animal of the genus Bos. This also implies that if anything is derived from these animals / from the genus Bos for food consumption or other use, it will be classified as 'bovine'.

Ovine

Essentially, 'ovine' refers to sheep, or the other ruminant sheep-like animals. It also implies that if anything is derived from these sheep or sheep-like animals for food consumption or other use, it will be classified as 'ovine'.

Caprine

Essentially, 'caprine' refers to goats, or the other ruminant goat-like animals. It also implies that if anything is derived from these goat or goat-like animals for food consumption or other use, it will be classified as 'caprine'.

Porcine

Essentially, 'porcine' refers to pigs, or that which resembles pigs. It also implies that if anything is derived from these pigs for food consumption or other use, it will be classified as 'porcine'.

In Islāmic terms (i.e. according to Sharī'ah), dealing with; eating or handling of pigs is ḥarām, and so is any of its derivatives and/or that which is classified as porcine. The other three specie-types of bovine, ovine, caprine and the animals that fall within the category of "Islāmically eatable/permissible animals", like cows, bulls, camels, buffalos, sheep, goats, and giraffes and their offspring, are permissible (ḥalāl) to eat or any derivative of them. Thus, anything classified under any of these three specie-types and they are classified as "permissible animals" will be acceptable by Islāmic law (Sharī'ah). The only proviso is that the said animal(s) must be ḥalāl-slaughtered and/or it falls under the law of acceptable/permissible ahlil kitāb slaughter [i.e. Jewish/Christian slaughter (Al Mā-idah: Q5: 5)].

Restraining Animals before and after stunning

Restraining basically implies that the animals are contained in a space which restricts their free movement to a confined space, only. This is done in the holding area (pen-holding) before the stunning process and with the intention of rank-filing the animal in one line, the one following the other into the stunning area. Then, once the animal is in the stunning area, its body is further restrained in such a manner that it goes into a restraining/stunning pen with its head fixed/clamped into a head-holder, ready or positioned to be stunned in the head (see the picture31, below). This is something similar to what the Jews has of the ASPCA Pen, except that the Jews do not stun their animals before slaughtering them, but they do restrain them in the ASPCA Pen and thereafter

31 Pic.14 - shows the animal immediately after it was captive bolt stunned


23

slaughter them. There is also specific restraining equipment for different specie-animals and/or birds (or chicken).

14

Stunning Methods

In this presentation we mentioned about eleven (11) stunning methods [whilst expanding five points on the gas stunning], without going into elaborative explanation of each one of it. The European Union and other international non-Muslim animal welfare and humane animal treatment authorities approved conditionally all eleven (11) stunning methods for different animal specie-types. The majority of the international Muslim animal welfare and humane animal treatment authorities have 'conditional' agreement that all the six (6) gas-method stunning points [mentioned in this document] are impermissible (ḥarām). [We elaborate on gas stunning later on in this document]. The lethal-method stunning is also not acceptable and ḥarām to use as a stunning method. Sharī'ah furthermore does not accept the maceration and the cervical dislocation stunning methods. The international Muslim scholars, however, accepted and approved conditionally the mechanical stunning of the penetrative captive bolt, non-penetrative (or mushroom) captive bolt stunning, firearm with free projectile, and the percussive blow to the head methods; and the electrical stunning of the electrical water bath, head-only electric and the head-to-body electric stunning methods. However, both the international Muslim scholars and the majority of the international non-Muslim animal welfare and humane animal treatment authorities disapproved and forbade the use of pithing (lit. cutting off the spinal cord) as a stunning method for the animal. There are, however, some international Muslim scholars that condemn any type of stunning because they say that (a) it is inhumane as the stunning is hurting and injuring the animal, (b) the animal experiences pain when being stunned, (c) the stunning process is irreversible, i.e. after the animal is stunned there is no way that the animal may recover and have a "normal life", (d) the animal is dead after being stunned and before the slaughter. Further on we elaborate on two stunning methods, but let us first have a brief look at the basic and essential Shar'ī (Islāmic legal) requirements of the permissible (ḥalāl) animal before and during its slaughter.

Life - ة (al-ḥayā-tul-mustaqirrah) ا�,��ة ا��(�7�

Almighty All āh says:

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Forbidden to you (for food) are: al-maytatah (the dead animals - cattle-beast not slaughtered), blood, the flesh of swine, and the meat of that which has been slaughtered as a sacrifice for others than Allāh, or has been slaughtered for idols, etc., or on which All āh's Name has not been mentioned while slaughtering, and that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by the goring of horns - and that which has been (partly) eaten by a wild animal - unless you are able to slaughter it (before its death).32

32 Al Mā-idah: Q5: 3


24

The considered factor here with LIFE (al-ḥayā-tul-mustaqirrah) is that the animal, at the time of slaughter (especially if it was stunned and it is in a state of insensibility and unconsciousness), must be:

� Alive � Still breathing � Life persists seconds-to-minutes after the slitting of the throat � Breathing continues into the first part of the complete bleeding-period [a bleeding period time-

frame is generally 2.5 to 3 minutes or longer] � Dying as a result of the slaughter � Blood loss expedites death due to oxygen-deprivation to the brain and no heartbeat � Healthy � Having a sound body � Not injured or mutilated � Not deformed

The Captive Bolt Stunning

The captive bolt stunning to the animal is apparently painless, due to the swiftness of the stunning (proven scientifically, but more research is required into this matter). After the captive bolt stunning the animal is still alive and breathing, but it is dazed / senseless as can be seen in the picture (no. 14, below) the cow is still standing immediately after the "shot" to its head; the bolt penetrated into its brain. (See the pictures33, below). The subsequent pictures show that the animal is still alive and breathing, but motionless up to the point of slaughter and still for a few minutes after the knife went across its throat, leading up to its bleeding-period (exsanguination).

14 15 16 17

Exsanguination

From the Internet Exsanguination34 is the process of blood loss, to a degree sufficient to cause death. One does not have to lose literally all of one's blood to cause death. Depending upon the age, health, and fitness level of the individual, people can die from losing half or two-thirds of their blood; a loss of roughly one-third of the blood volume is considered very serious. Even a single deep cut can warrant suturing and hospitalization, especially if trauma, a vein or artery, or another co-morbidity is involved. It is most commonly known as "bleeding to death" or colloquially as "bleeding out". The word itself originated from Latin: ex ("out of") and sanguis ("blood").

33 Pic.14 - shows the animal immediately after it captive bolt stunned

Pic.15 - shackling the one leg of the stunned cow Pic.16 - the stunned cow had been lifted, hanging upside down, very contented, alive and being pushed toward the slaughterer Pic.17 - the cow is in position to be slaughtered and the slaughterer is approaching it to give it the exact dhabīḥa slaughter-cut

34 To let /drain the blood, i.e. the body becomes without blood through the 'bleeding-out' (blood loss) process


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Exsanguination of the animal largely refers to the complete bleeding-out of the animal immediately after its slaughter (i.e. its killing). As you may have noticed in the above-quoted verse (Q5: 3), it is unlawful (ḥarām) for a Muslim to consume (drink or eat) flowing or congealed blood. Therefore, when it comes to any animal or poultry slaughter, Sharī'ah is very meticulous about bleeding of the animal. In verse al-An'ām: Q6: 145, for example, Almighty Allāh distinctly says:

$YΒ yŠ % ·nθà, ó¡Β

Blood poured forth (by slaughtering or the like of an animal)

This qurānic statement has direct reference to the bleeding-out, whereby the blood flows out of the animal's body, and not inward. We must be cognizant of the Sharī'ah-focus in that the slaughter (al-dhabḥ) does the killing or causes the death and not necessarily the "loss of blood". The full bleeding out is an auxiliary condition, expediting death (thus ensuring the depletion of the oxygen-supply to the brain and heart); and it is a necessary indicator for proper slitting of the throat when killing the animal. Hence, "loss of blood" is a crucial determinant for death, as well, but, according to Sharī'ah, for the blood-shedding it cannot be done anywhere else except by the throat (ḥalq) of the body. The proper bleeding-out also adds value to the quality and nutrition of the meat, which is to be consumed afterwards. Thus, from a Sharī'ah perspective for the humane killing, "bleeding to death" is not the criterion, the slaughter (al-dhabḥ) is! The exception is in cases of extraordinary circumstances, like in animal (game) hunting. [See the Islāmic slaughter-criteria, below]. The Prophet Muḥammad (s.a.w.s.) is reported to have said:

م /�� "AB واذ��ا@ 5 الله اD�را�+Let the blood flow out with whatever (slaughter instrument) you wish (to use) and mention All āh's Name over it.35

$E4 م وذ��ا@5 الله �D أFG�ا�+(Any slaughter instrument36, which is used) that causes the blood to gush forth (i.e. blood flows out and is drained from the dead animal) and the Name of Allāh had been mentioned over it, you may eat it.37

At the point of slaughter the supply of oxygen to the brain is immediately cut off by severing the windpipe (al-ḥalqūm) and, similarly, by severing the two jugular veins the flow of blood and oxygen are instantly stopped to the brain (which could be described as a massive cerebral haemorrhage). Severing the carotid arteries (which also carry blood to the brain) and the gullet (or food pipe - al-marī), in effect, expedites the death of the slaughtered animal. Thus, if no blood is carried to the brain, the blood-supply has been cut off, so is the oxygen-supply to the brain being cut off. Furthermore, having severed all the vital arteries in the throat (al-ḥalq) of the animal, including the slit in the skin at the throat, the animal will naturally bleed-out [i.e. the blood will flow out of (and not inward/inside) the body], which is a process of an automatic 'blood loss' and the natural blood circulation in the body comes to a stop (because of cardiac arrest). To reiterate, the bleeding-factor is of utmost importance because it impacts on the hygiene (disease/bacterial-control) and other quality factors of the meat of the slaughtered animal. Sharī'ah pedantically admonishes about the flowing of blood after the slaughter (al-dhabḥ) and rebukes drinking and eating of the flowing or congealed blood. Cognizance should be taken that blood in the body has many functions in terms of its purposive natural blood-circulation in the body. One of its characteristics is that it is a 'carrier/cleanser' of many things inside the body by carrying oxygen and nutrients throughout the body as well as waste materials to the excretory channels of the body. For example, look at the critical functions of the blood plasma and the significant functions of the red blood cells (erythrocytes), the white blood cells (leucocytes) and the platelets. The red blood cells are the carriers of oxygen and carbon dioxide in the body.

35 Ibn Mājah: ḥadīth no. 3177 p. 538. An-Nasā-ī: ḥadīth no. 4304 p. 662 whereby the word: أھرق (i.e. shed, spill or pour out) is used. 36

The slaughter instrument cannot be a (finger or toe) nail, claw, fang or bone 37 Ibn Mājah: ḥadīth no. 3178 p. 538. Bukhārī: ḥadīth no. 411 p. 300.


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Through the circulation of blood in the body the veins carry 'dirty' blood from all parts of the body to the heart and, in turn, the arteries carry 'clean' blood from the heart to the rest of the body. Thus, after slitting or severing of the vital arteries, should the blood flow inwards into the body, it will remain inside the body without circulating inside it. The blood-circulation process has come to a stop. It will then cause contamination of the meat with potential opportunistic and bacterial diseases the blood might be carrying. The heart (beat) is the main organ in the body, ensuring that the blood-circulation remains active in the body and oxygen is spread 'evenly' throughout the body, thus "life" in the body is ensured. All other vital organs - with their unique functions - have complimentary roles/functions to the heart, ensuring "life" in the body. In fact, when this natural biological blood-circulation inside the body stops, the blood becomes a high risk in itself. A pertinent example is (the high risk of) the blood contamination of the HIV/AIDS infected person (a person living with aids), even after he or she has died. The conditions and criteria for the bleeding of the animal/bird by the animal welfare, veterinary and health authorities are in tandem with Sharī'ah. Actually, the aforementioned bleeding-factor is easier to see in the slaughtered chicken. If immediately after slaughtering the chicken and just before its scalding or thereafter and you see the flesh/meat of the chicken is (scarlet) red, then it is an indication that the chicken did not bleed out properly/fully . This "red chicken" will also affect the quality of the chicken meat, at the end of its slaughtering process. The health and veterinary authorities at the chicken plants generally condemn such "red chickens" for human consumption. The plant managers have to dispose of them, as well.

Note: This does not mean that the chicken was not properly/correctly slaughtered. Indeed, it was correctly slaughtered (al-dhabḥ) and it was dead before its scalding but its bleeding-period [which is a process occurring after the slaughter and before the scalding] was insufficient to allow for full blood-shedding. Thus, the chicken/bird died because of the slaughter and not because of the "loss of blood" or the scalding. Sometimes, though, when the slaughter was improper or the chicken/bird was dead before the slaughter and/or it suffered cardiac arrest before the slaughter, thus the chick/bird did not bleed out at all, or it bled insufficiently, the result is "red chickens". Such chicken (being dead before slaughter) are considered 'dead' (maytah) and thus denoted as 'carrion' - ḥarām for Muslim consumption.

Slaughter-Movement - ا�1/0�ح .��* [ḥaraka-tul-madhbūḥ]

Literally translated, 'ḥaraka-tul-madhbūḥ' is the movement of the animal at the time of slaughter. When the knife is pressed horizontally across the animal's throat, swiftly cutting the skin and severing the vital veins/arteries in the throat, the animal simultaneously has a movement-reaction to the knife-slit. A jerk-reaction of its head, legs and sometimes its entire body may be observed at this point in time. The jerk-reaction is also evidence that the oxygen-supply is being cut to the animal's brain, due to the slaughter (knife-slit of skin and vital veins/arteries) and the animal is bleeding and in the process of dying. Essentially, the movement / jerk reaction of the animal bird is an indication that the animal is/was alive at the time of slaughter (al-dhabḥ), which also helps with accelerating the bleeding-out of the animal. At some instances, whilst the animal is bleeding after the throat-slit, one would observe that the animal is "pulling" its body stiff, especially by the hind legs. This is an indication that its 'last breath' (i.e. death, finally) is occurring. Sometimes, though, the body movements or jerk-reactions are not observed by the human being at the time of slaughter, but the animal is/was alive at the time of being slaughtered. Therefore, "ḥaraka-tul-madhbūḥ" is not a specified condition (rukn or sharṭ) for the correctness of the (perfect) slaughter of the animal, in order to render it ḥalāl-slaughtered. Ḥaraka-tul-madhbūḥ is generally a substantive observation for determining the correctness of the (perfect) slaughter of the animal.


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Involuntary Muscle-Movements/Spasms

In the context of this presentation, ḥaraka-tul-madhbūḥ also refers to the involuntary muscle-movements/spasms of the animal, after its slaughter (i.e. slitting of its throat). It further implies that the animal is already dead (it is no longer breathing and its heart had stopped beating), during or at the end of its bleeding-period. Not every animal displays or shows this type of ḥaraka-tul-madhbūḥ after its slaughter and it being dead. How and why does the involuntary muscle-movement/spasm occur? Technically, more research is required into this matter, but it is generally described as follows. When there is life in the body the muscles contract and relax and oxygen is also released into the muscles. As the animal breathes (inhales oxygen and exhales carbon dioxide) and/or moves, so will the blood circulate or flow through the body. Simultaneously, electrons and spasms also flow through the body. Oxygen plays a vital role in all of this. As life ceases in the body (i.e. there is no more oxygen circulation in it), ḥaraka-tul-madhbūḥ (involuntary muscle-movements) will cease in the body, and so will the electrons and spasms concurrently stop, as well. Sometimes the electrons and spasms have a delayed reaction. Therefore the body / limb movement after the death of the animal is actually because of these delayed electron and spasm reactions in the muscles or body parts of the body and not because the animal is still alive. Nowadays, at some of the abattoirs, in order to ensure that blood-shedding or exsanguination has transpired fully / maximally, the abattoirs capitalize on the principle of the delayed electron and spasm reactions in the body. So, towards the end or in the middle of the bleeding period, they give the slaughtered animal another "shock-treatment" into a certain part of the body-muscles of the animal to prolong the activation of the involuntary electron and spasm reactions. Thus, it gives movement (muscle contraction / expansion) to the body and muscles. In this way, any access blood is then shed out of the body (meat/flesh).

Islāmic Slaughter

When considering the validity or feasibility of stunning of animals, it cannot be divorced or isolated from the Shar'ī (Islāmic legal) criteria for slaughtering of animals. The stunning procedure generally precedes immediately the process of slaughter and therefore it could affect or impact on the end-result of the slaughter. Shar'an (by Islāmic law), if the slaughter criteria are not completely met or complied with, then the slaughtered animal must be rendered unfit for Muslim consumption - ḥarām.

Types of Islāmic Slaughter

Slaughter-Type Definition Example

Al-dhabḥ

H/ ا�0

To kill the animal/bird by slitting the throat

Sheep, goat, bull, or chicken

Al-naḥr

ا�2,�

To kill the animal/bird by piercing the hollow of the throat

Camel, ostrich or giraffe

Al-‘aqr

� 7ا��

To pierce-wound the animal In hunting - an antelope, gemsbok, or a springbok


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The Islāmic Slaughter Criteria

The foundational principle for Islāmic slaughter is primarily derived from the following (and from amongst other Prophetic sayings and qurānic injunctions), thus we are repeating the Prophetic (s.a.w.s.) saying:

/,. ، و��,+ 94ذا 8�'�5 34*(12ا ا7��'. ، وإذا ذ/,�5 34*(12ا : إن الله �� ا�*(�ن )'& �$ "!ء ا�0 .أ*+5� "=�>: ، و��ح ذ/�,�:

Verily, All āh has prescribed proficiency and kindness in all things. Thus, when you kill, kill well; and when you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters.38

Conditions for the Slaughter

• The intention (al-niyah) • Having life (al-ḥayāt al-mustaqirrah) • Mentioning the Name of Allāh (al-tasmiyah) • Facing the direction of the ka'bah, Makkah (al-qiblah) • The slaughter instrument must be, at least 30cm long39; razor sharp, smooth and not a serrated40

nor a blunt knife, blade or sword; but it must not be a claw, bone, fang/tooth or a (finger or toe) nail

• It must be a swift clean-cut • The slaughter instrument must cut through and sever the (1) skin (al-jild ); (2) trachea/windpipe

(al-ḥalqūm); (3) esophagus/gullet (al-marī); (4) jugular veins (al-wadijān) and (5) the carotid arteries (al-shiryān subātī).

[ps. The skin is not a condition for the correctness of the slaughter, but I added it to the list because logically the skin must be cut first, before one gets to the other three or four throat-slit requirements/vital veins]

• The slaughter instrument must not cut through or sever the spinal cord.

Pictorial Display: Slaughtering a Stunned Bull/Cow [Pictures taken by myself]41

18 19 20 21

The slaughter - cutting the throat, horizontally - must occur in the front part of the neck [i.e. the throat (al-ḥalq)] below the jaw to the uppermost part of the breastbone (sternum) [also known in Arabic as the labbah (pl. labbāt) - the chest] of the animal. The word, “labbah” , generally refers to the throat-part (i.e. the chest-part) of the camel, giraffe or ostrich, due to their long necks [This slaughter-type, al-naḥr, is generally used on the long neck animals].

38 Muslim and Tirmidhī 39 Some ‘ulamā stipulate that it must be 25cm long for cattle, giraffes and camels and 18cm long for sheep and goats 40 Rough-edged, i.e. the edge-margin of the knife is notched with tooth-like projections, e.g. a bread cutting-knife 41 Picture No. 18 - shows that the slaughterer is slitting throat of the stunned cow (i.e. exact dhabīḥa slaughter-cut)

Picture No. 19 - shows that the slaughterer is slitting throat of the stunned bull (i.e. exact dhabīḥa slaughter-cut) Picture No. 20 - indicates that the slaughter-cut (throat slit) and that the blood is flowing outwardly Picture No. 21 - shows that the slaughtered (dead) animals are still on the conveyor - to the skinning section. In this

section/point of the conveyor belt, the animal is receiving "shock-treatment", ensuring further blood-shedding out of the meat via the voluntary electron and spasm reactions of the dead animal's body


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In essence, the slaughter (al-dhabh) process is a swift clean-cut, with a horizontal front-back movement of the knife on the throat, severing the throat, which includes:-

� Slitting the skin � The trachea/windpipe (al-ḥalqūm) � The oesophagus/gullet (al-marī) � The jugular veins (al-wadijān) � The carotid arteries (al-shiryān subātī)

Al-naḥr ( �,2ا�)

The above-mentioned discussion primarily centred on dhabh-slaughter, generally denoted as 'horizontal-cut' slaughter. The naḥr-slaughter, generally denoted as 'vertical-cut' slaughter, which refers to the type of slaughter that is commonly applied when slaughtering a camel, giraffe or an ostrich - animals with long necks. In South Africa, Islāmic slaughter of ostriches is very popular, whereas the slaughter of camels and giraffes is rare. The slaughter criteria for naḥr-slaughter are exactly the same as that of the dhabh-slaughter, as explained above, but with slight variations, viz.:

** When killing the naḥr animal it is by piercing the hollow of the throat ** The pierced slaughter-instrument is then cut vertically in the throat area - middle towards the sternum - thus severing the arteries ** When the stunned animal is hung head-down from a shackle (this is usually done with ostriches), the vertical knife-slit is downwards in the throat towards the chin, thus severing the arteries ** As the knife is lifted from the throat, the skin is further slit to allow the blood to flow out of the body ** Sometimes, though, the heart is punctured (i.e. pierced with a separate small knife) immediately after the naḥr-slit, expediting the blood-flow (exsanguination) out of the body.

In this document we presented substantive arguments in favour of the captive bolt and/or mushroom stunning and alluded to electric stunning, thus confirming Islāmic conditional validity and acceptability for it. In South Africa and Namibia, wherever the MJC Halaal Trust (MJCHT) is the ḥalāl certifier of the animal abattoir, captive bolt and/or mushroom stunning is approved, if it is used as the stunning method. We shall, henceforth, briefly survey the rationale of those who bluntly oppose the stunning of animals and thereafter appraise the rationale of those who are opining that gas stunning is ḥarām, according to Sharī'ah standards.

Opposing Animal Stunning

As alluded to previously, the issue of stunning is a recently introduced mechanism or technique to humanely kill (or slaughter) domesticated, tame animals or birds for human consumption. The current stunning methods were not known or practiced in previous centuries and most definitely not during the Prophetic era of the 7th Century and thereafter. It is a modern (20th/21st Century) mechanism or technique of not only facilitating humane killing, but also to accommodate globally commercialized, mass production of food in a humane, hygienic, sanitized and healthy way. For example, globally millions of chickens are being slaughtered per day to secure food for the global (human) food consumers. This is unlike the era of the Prophet (s.a.w.s.) where tens to hundreds of chicken had been manually (by hand) slaughtered, per day. It was manageable and conducive to do it in that way. A world population statistic on the Internet states that by the 1st Century the world population was about 200 million people. It was just before and during the industrial revolution (i.e. during the 17th/18th Centuries) that world population started to surge from millions to a billion to seven billion human beings, as to where the world population is today. Presently, hand-slaughter of chicken and animals is a practice in only a section of certain countries, like in Turkey or China and even in the Afro-American and most of the African Muslim communities. The main reason for the continued hand-slaughter for the last-mentioned Muslim communities is the economic viability and affordability of modern technology [Turkey is maybe an exception to this economic rationale]. These communities do not have the financial fluidity and capacity to acquire such modern slaughter technology. Their religious affinity also plays a major role


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here. The global trends nowadays are to adopt mechanical slaughter when slaughtering animals and chicken/birds. Hence, the issue of stunning proliferated in the global food industry and security at a very fast rate. However, hand-slaughter, as a practice, had not been discarded completely. Hand-slaughter is still concurrently employed with the industrialized mechanization, as in electric stunning of chicken/birds. Still and all, the human mind and physical assistance are required to operate and monitor the machines (i.e. the automation processes). What has transpired is that the animal welfare promoters for stunning (also denoted as secularists), like especially the USA, the UK, Australia, New Zealand and the EU, etc., are moving towards enforcing the stunning methods for mechanical slaughter and thereby replacing hand-slaughter (ritual slaughter) with it. Thus, from a Muslim perspective, such compelling circumstances/challenges and technological advancements require in-depth ijtihād (juridical opinion)42, ensuring ḥalāl assurance and ḥalāl compliance within the global ḥalāl food security and modern technological innovation arenas. In other words, for the secularist experts and proponents of animal welfare stunning is technological advancement for humane killing of animals; whilst for Muslims it is an innovation into their humane ritual hand-slaughter of animals. That's why in-depth ijtihād is required by Muslims, as to the viability or not of any stunning method for permissible (ḥalāl) animal or chicken slaughter. Muslims have to live, survive and work in tandem with the ever-evolving and developing environments they find themselves in, without compromising their foundational Islāmic values, principles, ethics and etiquette, etc. In the process of ijtihād on any matter of concern, Muslims should at all times be mindful of Divine guidance when dealing with such matters, like the following qurānic verse is guiding us in respect of our duties toward our Creator:

(#θà) ¨?$$ sù ©! $# $tΒ ÷Λ ä÷è sÜ tFó™$# (#θãè yϑ ó™$# uρ (#θãè‹ ÏÛr&uρ (#θà) Ï,Ρr&uρ # Z�ö� yz öΝ à6 Å¡à,ΡX{ 3 tΒ uρ s−θãƒ £x ä© ÏµÅ¡ø, tΡ y7 Í×≈ s9 'ρé' sù ãΝèδ

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So keep your duty to Allāh and have taqwā43 in Him as much as you can; listen and obey; and spend in charity; that is better for yourselves. And whosoever is saved from his own covetousness, then they are the successful ones.44

The Anti-Stunning Proponents

The Muslims who are dead-set against and condemn any form of stunning, opine that any type of stunning is (a) inhumane because the stunning is hurting and injuring the animal, (b) the animal experiences pain when being stunned, (c) the stunning process is irreversible, i.e. after the animal is stunned there is no way that the animal may recover and have a "normal life", and (d) the animal is dead after being stunned and before the slaughter. Point (b), above, is speculative because the anti-stunning proponents have not produced substantive scientific proof that the animal is enduring pain and the extent thereof when it is stunned. It obviously requires further scientific investigation into it. Logically, the animal was genuinely being injured by the stunning - 'a hole in the skull' or 'the skull is fractured' and the animal being 'brain damaged' - thus it had been hurt through the stunning and therefore it must have experienced pain. Point (d) is also speculative because there is hardly any scientific evidence presented that every animal that is being stunned by the Islāmically permitted stunning methods that each animal is dead immediately after the stunning and before its slaughter. The promoters or scientists in favour of stunning have, at least, presented scientific data that the animal is alive immediately after the stunning, though it remains a controversial matter. "Life" after the stunning is, nevertheless, not definitive or guaranteed because it depends on the optimal and accurate application of the stunning criteria, thus constant monitoring is required. With regard to the electrical stunning of birds, some birds do die before the slaughter, but then it is justified that the bird was weak or too small or the voltage was too high therefore it died. With the electric water baths, have the birds/chicken drowned

42 Independent judgment in a legal or theological question, duly derived from legal injunctions of the Qurān, Sunnah (Prophetic guidance) and ijmā' ('ulamā consensus/agreement), etc. 43 Taqwā is generally and literally translated as "fear Allāh". I wish to add to this literal translation, as follows: "taqwā means that whatever I do or say brings me closer to Almighty Allāh." 44 At-Taghābun: Q64: 16


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or not? This also cannot be speculated about and then to give a Shar'ī ruling on it. Therefore all these areas require further scientific study. Still and all, on the scale of probabilities the chicken/birds are alive, though only one, two or more of each batch of chicken/birds may have died before the slaughter, as a result of electric water baths. Such birds/chicken - as alluded to before - that are dead before the slaughter, are carrion - period! If large numbers of birds/chicken are dead before the slaughter, then the mechanical slaughter mechanism and process would not be acceptable, thus impermissible. In-depth scientific scrutiny and analysis are genuinely required in this regard. Another anti-stunning group45 argues on the basis of 'death' of the animal, using the inference of verse Al Mā-idah: Q5: 3 in which, at least, four types of dead animals are mentioned in this verse. In other words, the flesh of such animals is ḥarām for Muslim consumption if it dies because of the following, amongst other, conditions: (1) mauqūẓah biḍ-ḍarb [by a violent blow when it was concussed by the stunning]; (2) maytah [the bird, for example, died by drowning and/or by cardiac arrest when it was subjected to the electric water bath stunning (which is a reversible stunning method) before the slaughter]; (3) munkhaniqah bil-khanaq [death by strangulation/suffocation when it received chemical gas stunning, for example] and (4) Mutaraddī' [i.e. (by headlong fall) the animal after the stunning is dead by the "fall" or when hoisted down into the stunning-receiving 'basket' to be shackled]. Once again, even the above-mentioned 'ulamā do not present substantive scientific proof or motivation that the animal(s) are dead immediately after the above-mentioned stunning methods. Their judgement is based upon observation, literature review and expert-consultation. Hence, they are talking about generalized speculative / unconfirmed death for which they assumed it to be like that, because two or three chicken out of the entire chicken-batch may have died before the slaughter. In fact, by closely analysing the above-quoted verse (and fully quoted, below) immediately after Almighty Allāh states the different types of and circumstances under which the animals died, Almighty All āh renders them ḥarām for Muslim consumption. However, Almighty Allāh makes an emphatic exception-of-latitude or niche of "life " for the injured or harmed animal, just before it has died. If this injured or harmed animal is slaughtered before death, then it is ḥalāl to be eaten by Muslims. In fact, the Divine leeway for "life " also paves the path for scientific research and study to determine life or death at that stage, just before the slaughter. Conversely, in an uncontrolled environment when a Muslim comes across such a situation, as mentioned in verse Q5: 3, then he or she has to use his/her intellectual (and not scientific) discretion whether the animal is still alive or not before slaughtering it. It furthermore establishes the fact or criterion that the animal must be alive before it is slaughtered and then be consumed as 'ḥalāl' meat. Says Almighty Allāh:

āωÎ) $ tΒ ÷Λä øŠ ©. sŒ

Unless you are able to slaughter it (before its death) [indicating the hunted or injured animal] 46

To reiterate, when the animal is slaughtered before it died then, by Divine decree, the injured or harmed animal is rendered ḥalāl for Muslim consumption. Other than that, the flesh of the injured or harmed animal is not fit (i.e. ḥarām) for Muslim consumption. It is then classified as carrion. In essence, by slaughtering it you have relieved the injured animal of any undue, further suffering - of an inhumane death (because you were present). This is also a strong indication of your caring, merciful and humane treatment of the animal(s). If you weren't or were present and tried to help the injured or harmed animal and the animal died, then it was a natural death, because - ultimately - Almighty Allāh is the Caretaker of the animal. Says Almighty Allāh:

$ tΒ uρ ÏΒ 7π −/!# yŠ ’ Îû ÇÚö‘ F{ $# āωÎ) ’ n?tã «! $# $ yγ è% ø—Í‘ ÞΟ n= ÷è tƒuρ $yδ §� s) tFó¡ãΒ $ yγtã yŠ öθ tFó¡ãΒ uρ 4 @≅ ä. ’ Îû 5=≈ tG Å2 &Î7•Β

And no (moving) living creature is there on earth but its provision is due from Allāh. And He knows its dwelling place and its deposit (in the uterus, grave, etc.). All is in a clear Book (al-lauḥ al-maḥfūẓ - the Book of Decrees with Allāh).47

45 Ḥalāl & Ḥarām. 2006. Consumers Association of Penang. 2006. Malaysia: Juta Print. pp.187-188 46 Al Mā-idah: Q5: 3 47 Hūd: Q11: 6


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The key factor here is the establishment of "death" or the confirmation of "life" just before the Islāmic slaughter is applied that actually makes the injured or harmed animal ḥalāl for Muslim consumption. In favour of the promoter of absolutely no-stunning before slaughter is that any stunning method (with the exception of the 'visible' gas stunning, though it could negatively affect the brain) causes harm or injury, in some way or the other, to the animal before it is slaughtered. Sharī'ah unequivocally does not allow any intentional infliction of harm or injury to the animal before or after its slaughter. Sharī'ah advocates humane treatment, which is underlined by mercy (raḥmah), gentleness (rifq) and kindness (iḥsān), etc. towards the animal. The promoters / scientists of animal welfare (the secularists), on the other hand, argue that the stunning is a humane and merciful act in itself for the animal. Being in the state of insensibility and unconsciousness (i.e. having an under, partial or non-functioning brain = a paralysis) the animal does not feel or experience any pain, thus it endures no suffering or hurt at the time of slaughter. After the stunning, the animal also becomes motionless and relaxed, with no anxiety or stress. Thus, handling and slaughtering it are easier to do. In their dictionary, this is defined as 'superb' humane treatment and handling of the animal, giving it a humane death. The full text of the qurānic verse (Al Mā-idah: Q5: 3) is as follows:-

ôM tΒ Ìh� ãm ãΝä3 ø‹n= tæ èπ tG øŠyϑ ø9 $# ãΠ ¤$!$# uρ ãΝøt m: uρ Í�ƒÌ“Ψ Ïƒ ø: $# !$ tΒ uρ ¨≅ Ïδ é& Î� ö� tóÏ9 «! $# ÏµÎ/ èπ s)ÏΖ y‚ ÷Ζßϑ ø9 $# uρ äοsŒθè% öθyϑ ø9 $# uρ èπtƒ ÏjŠu� tIßϑ ø9 $#uρ

èπ ys‹ ÏÜΖ9 $#uρ !$ tΒ uρ Ÿ≅ x. r& ßìç7 ¡¡9 $# āω Î) $tΒ ÷Λ äøŠ ©. sŒ $ tΒ uρ yx Î/ èŒ ’ n?tã É= ÝÁ‘Ζ9 $# β r&uρ (#θßϑ Å¡ø)tF ó¡s? ÉΟ≈s9 ø— F{ $$Î/ 4 öΝ ä3Ï9≡sŒ î,ó¡Ïù 3 ...

Forbidden to you (for food) are: al-maytatah (the dead animals - cattle-beast not slaughtered), blood, the flesh of swine, and the meat of that which has been slaughtered as a sacrifice for others than Allāh, or has been slaughtered for idols, etc., or on which All āh's Name has not been mentioned while slaughtering, and that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by the goring of horns - and that which has been (partly) eaten by a wild animal - unless you are able to slaughter it (before its death) - and that which is sacrificed (slaughtered) on nuṣub (stone altars). (Forbidden) also is to use arrows seeking luck or decision, (all) that is fisqun (disobedience of Allāh and sin). …

Reversible Vs Irreversible Stunning

Another aspect that requires elaboration is the issue of "reversible and irreversible stunning". This implies or raises the question that after the animal is stunned, is the animal able to survive thereafter? Can the animal be revived or resuscitated after it had been stunned and live as it used to before the stunning? If the answer is yes, then the stunning is classified as "reversible". If the answer is no, then the stunning is classified as "irreversible" due to that the stunning leads to eventual death of the animal (even if it is not slaughtered). That is, the animal cannot be revived or resuscitated after it has been stunned. This actually leaves us with a 'moral' dilemma. The advocates for animal welfare generally focus on the slaughter-intent, which is that the animal must be killed before it may be consumed by human beings. Killing the animal is therefore the objective. By inference from an Islāmic viewpoint, if a lion preyed upon a springbok, for example, and started eating of it and you come across the springbok finding it still alive, you may slaughter (dhabḥ) it and then eat its flesh/meat. If this springbok was dead because of its killing by the lion by the time you came across it, you may not consume of its flesh/meat. It is ḥarām for you to eat it [except under extenuating circumstances but that is not our discussion, now]. This example is inferred from the above-quoted verse:

!$ tΒ uρ Ÿ≅ x. r& ßìç7 ¡¡9 $# āω Î) $tΒ ÷Λ äøŠ ©. sŒ

And that which has been (partly) eaten by a wild animal - unless you are able to slaughter it (before its death).48

48 Al Mā-idah: Q5: 3


33

Nevertheless, the common denominator of all scenarios is that the permissible-animal must be killed. By condoning animal-stunning, the animal welfare promoters are emphatically stating that the stunning is endorsement of humane killing of the animal. Conversely, most of the 'ulamā opine that if the stunning is "reversible" then it is Islāmically acceptable, thus such stunning is Islāmically condoned. [The "rest" of the 'ulamā are dead-set against stunning and do not even entertain the debate of "reversible and irreversible stunning" because to them it should be hand-slaughtered, without stunning and nothing else]. However, for the irreversible stunning, acceptance of it is a double-edge sword for some 'ulamā. The stunning method is acceptable because there is "life" in the animal immediately after the stunning and before the slaughter; no injury or harm had been inflicted on the animal because of the (gas) stunning method, for example; the animal's exsanguination after the Islāmic slaughter takes a full circle, even shedding more blood than under normal slaughter (non-stunning) circumstances; the quality of the animal's meat is of a higher quality, as well. Yet, after the animal is stunned there is no guarantee of its revival or resuscitation, thus the stunning procedure is irreversible due to that the animal's brain was deprived of oxygen (thus it is brain dead and/or it was brain damaged) and it may also experience cardiac arrest because of the stunning. Eventual death, with or without the slaughter, is inevitable, though some scientists and academics argue that some of the stunning methods is reversible, thus death is not the 'inevitable'. What would then be the ijtihād of the 'ulamā in this regard?

Gas Stunning: Ḥalāl or Ḥarām?

The last-mentioned description of a stunning method in the above-mentioned paragraphs is, in fact, a gas stunning method. The gas stunning debate basically evolves on two axioms: (1) is the animal alive or dead before the Islāmic slaughter and (2) is the gas stunning inhumane and irreversible or not? By answering both questions, Dr Mapiye49 explains that gas stunning has its merits and demerits. The CO2 gas stunning essentially leads to asphyxiation (suffocation) of the animal/bird. He emphatically states that, despite the fact that the animal or bird may find the CO2 gas aversive (unpleasant and distressing), the animal or bird may recover after the CO2 gas stunning. In other words, the CO2 gas stunning is reversible. It purely depends on the gas mixture and the time-duration of the gas stunning. He cites the following examples/criteria of gas mixtures in which an animal/bird may recover after CO2 gas stunning, depending on the size of the bird/animal and/or the type of animal species:

The Gas Mixtures

• CO2 (80 to 90%) alone • Argon and nitrogen [90% argon (Ar) or nitrogen (N2) in the air, whilst the oxygen (O2) is less than 2%] • CO2 (30%) + argon or nitrogen (70%)

The Timeframes

• The duration of CO2 exposure should be 15 to 45 seconds. • The slaughter should be within the next 15 to 30 seconds after the CO2 exposure.

If the slaughter occurs after the 30-seconds timeframe, the animal/bird may recover (i.e. regain consciousness) when exposed to atmospheric air, before the slaughter. Another interesting point Dr Mapiye is making is that longer exposure to the above-mentioned gas mixtures (e.g. for 2 - 3 minutes) leads to death of the animal/bird. In such a situation of 'longer exposure' the intention is to use the CO2 gas as a killing rather than a stunning method. High concentrations of CO2 gas in the gas stunning method could signify a huge animal welfare problem, as well. The aversion of gas repugnance (one of the negative effects of gas stunning) when being gas-stunned can be reduced through inert gas mixtures, as well as with mixtures of argon or nitrogen.

49 Cletos Mapiye (PhD): Senior Lecturer | Meat Science: Department of Animal Sciences Faculty of AgriSciences, Stellenbosch University, Cape Town, South Africa


34

De Lourdes Pérez-Chabela and Guerrero Legarreta (2001)50 describe the CO2 gas-stunning, as follows:

Carbon dioxide concentration of 65% to 70% during 45 seconds works most efficiently. Bleeding must be carried out within the next 30 seconds (Velazco, 2000). If the gas concentration is lower, the animals are not adequately stunned. If it is too high, there is a tendency for stiffness, reflex muscular activity and inadequate bleeding. If time of exposure is too long, skin congestion can occur and the carcass can take a bluish hue after scalding.

They also mention a few Advantages of gas-stunning:

• Non-toxic residues are found in the meat or by-products • The animal's body is relaxed, facilitating skinning and evisceration • It produces less noise • It requires fewer operators • It does not promote muscles haemorrhages

The Disadvantages are:

• It is slower than other stunning methods • Its initial investment-cost is high

Hand-Slaughter

This refers to the traditional, Islāmically slaughter-by-hand (also denoted as 'ritual slaughter' by other authors) of the animal. The hand-slaughter is approved and recommended by all Muslim scholars, with the proviso that all the Islāmic criteria, humane-treatment and hygienic conditions, as espoused throughout this document are strictly observed and applied. The challenge, though, is that we are living in a globalized and commercialized world in which about seven (7) billion people need to be fed on a daily basis. Conservatively, even if we allocate one billion people, as being vegetarians, the crux of the matter is that these people must also eat and drink on a daily basis. Two point zero eight (2.08) billion people [the latest 2014 internet population statistics] of the world population are Muslim stomachs that need to be fed with ḥalāl, on a daily basis. The point is, no matter how one wants to look at the global food supply and food security, there will be a constant and inevitable overlap or interaction between the Muslims and non-Muslims. There will never be a Muslim-only in the interaction and transactions of global food supply/demand and food security. Even if a pro-Muslim wishes to conservatively provide for him/herself or his/her family and/or the entire Muslim community with ḥalāl (Muslim) food from farm production (breeding and land cultivation) to consumption, it would be practically impossible not to have non-Muslim involvement in the entire process. We must remember that "ḥalāl" is a comprehensive concept, so if one looks at ḥalāl food consumption, one needs to look at the full spectrum of acquiring labor, machinery, food safety materials, tools, transportation and the exchange of monies (trade principles51), etc. Muslims who have all skills and requirements are not generally to be found in all of these food production-supply strata. It is therefore impractical to have a total Muslim chain-of-production and chain-of-supply, etc. without having somewhat involvement or exchange relationships with non-Muslims. Muslims comprise about 2.08 billion out of the 7 billion world population. The Muslims, nonetheless, have to exert themselves in ensuring and securing superior quality and total ḥalāl-compliance in the entire global ḥalāl food production-supply systems of the highly industrialized, commercialized and technological advancement world we are living in. This obviously includes the ḥalāl non-consumable products, as well. Within the broader scenario of providing and feeding ḥalāl

50 De Lourdes Pérez-Chabela, M and Guerrero Legarreta, I. 2001. Slaughtering and Processing Equipment. Mexico City, Mexico: Universidad Autonoma Metropolitana-Iztapalapa 51 Indeed, Allāh has permitted trade and forbidden ribā [interest/usury] (Q: 2: 276). Thus, it is impermissible for a Muslim to be involved or deal in any ribā (interest/usury) system or transaction. Even in this verse Almighty All āh

generalized "trading or inter-trading" and did not specify such permitted-trading amongst Muslims only, thus giving it a global business-mix as long as ribā is avoided. So, how do we deal with credit cards and having or keeping our monies safely secured in ribā-operated banks and make financial exchanges and transactions within ribā financial systems?


35

food to 2.08 billion Muslims on a daily basis is a mammoth and complex effort in itself. Narrowing it down to only South Africa, whereby the Muslim population conservatively comprises about 5 million Muslims, out of a total population of about 52 million people is a big headache and a colossal challenge in itself. In both scenarios there will forever be an exchange of hands between Muslims and non-Muslims in the production-supply and handling of food, even if South Africa were a Muslim majority country. India with the largest Muslim minority and Indonesia with the largest Muslim majority and Saudi Arabia being classified as 100% Muslim, even Malaysia being the world's largest ḥalāl exporter, cannot operate or function without bilateral relations with non-Muslims. In fact, the apartheid State of Israel (as well as the former apartheid South Africa) tried to "go-it-alone" - all Jewish and only for Jewish exchange of production and trade (for apartheid South Africa it was "all whites"), the apartheid and segregationist system failed and apartheid Israel had to interact with the global non-Jewish communities, in order to survive. It will be to the Muslims' own peril and isolation if they ignore or acrimoniously condemn and reject the global industrialization, commercialization and technological advancement especially in the food industry and insist on. For example, to hand-slaughter one million chickens or hundreds of thousand cattle and sheep per hour, per day, is quite impractical and beyond comprehension. I do believe that there must be a blend between the two streams of Muslim and non-Muslim production-supply of food re: in stunning/slaughter of the animal. However, the Muslim involvement must be as such that there are, at least, ḥalāl-control and ḥalāl-compliance in a SMART CAF52 tactful manner, over all the processes and procedures in the food production-supply industries, food of which is to fill Muslim stomachs. If the following qurānic verse is interpreted in another appropriate context, I think the verse actually predicted the industrial revolution of the 18th and 19th Centuries and the technological advancements of the 20th and 21st Centuries. We also should not forget, the 'industrialization' and 'modernization' in the eras of 'Ād and Thamūd53, and that of the Prophet Sulaymān [Solomon] (a.s) and prior to that. Almighty Allāh says:

ô‰ s)s9 $ uΖ ù= y™ö‘ r& $ oΨ n=ß™ â‘ ÏM≈ uΖ Éi� t7ø9 $$ Î/ $ uΖø9 t“Ρ r&uρ ÞΟ ßγyè tΒ |=≈ tG Å3ø9 $# šχ#u”� Ïϑ ø9$# uρ tΠθà)u‹ Ï9 â¨$Ψ9$# ÅÝ ó¡É) ø9$$ Î/ ( $uΖ ø9 t“Ρ r&uρ y‰ƒÏ‰ pt ø: $# ÏµŠ Ïù

Ó ù' t/ Ó‰ƒÏ‰ x© ßìÏ,≈oΨ tΒ uρ Ä¨$Ζ=Ï9 zΝ n= ÷èu‹ Ï9 uρ ª! $# tΒ …çν ç� ÝÇΖ tƒ … ã&s# ß™â‘ uρ Í=ø‹ tóø9 $$ Î/ 4 ¨β Î) ©! $# ;“ Èθs% Ö“ƒÌ“ tã

Indeed We sent afore-time Our Messengers with clear Signs, and revealed with them the Book and the balance (of right and wrong) that humanity may keep up justice. And We brought forth iron wherein is mighty power (in matters of war), as well as many (other) benefits for humanity, that All āh may test who it is that will help Him (foster the Sunnah of Allāh), and His Messengers in the unseen. Verily, Allāh is All-Strong, All-Mighty .54

Yūsuf Ali (1930) comments:

Iron is the most useful metal known to man. Out of it is made steel, and from steel and iron are made implements for war, such as swords, spears, guns, etc. as well as instruments of peace such as ploughshares, bricklayers' trowels, architects' and engineers' instruments, etc. Iron stands as the emblem of strength, power, discipline and law's sanctions, etc. Iron and steel industries have also been the foundation of the prosperity and power of modern manufacturing nations, like England [Footnote: 5315. p. 1505].

As a matter of principle and as an Islāmic-slaughter prerequisite we should not discard nor undermine Islāmic hand-slaughter (ritual slaughter) of birds and/or animals.

52 It must be Specific, Measurable, Attainable, Realistic and Time-bound. Added to it is that our tactics must be Congruent, Acceptable and Flexible (without compromising our foundational Islāmic values and principles) = SMART CAF 53 Did you [O Muḥammad (s.a.w.s.)] not see (thought) how your Lord dealt with 'Ad (people)? Who were very tall like lofty

pillars; the like of which were not created in the land? And (with) Thamūd (people), who cut (hewed) out rocks in the valley (to make dwellings)? [Al-Fajr: Q89: 6 - 9]. Do you build high palaces on every high place, while you do not live in them? And do you get for yourselves palaces (fine buildings) as if you will live therein forever? [Ash-Shu'arā: Q26: 128 - 129].

54 Al-Ḥadīd: Q57: 25


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Conclusion

It can be confidently deduced from the above-mentioned presentation on 'animal stunning and slaughter' that stunning is not only a permissible and valid innovative mechanism for ḥalāl, humane slaughter, but also a vexed problem for many Muslims and/or 'ulamā. The common denominator for all angles or approaches to the subject-matter of animal stunning is 'killing'. The animal must be killed before it can be used for human consumption. The emphasis of the animal well-farers (the secularists) is that it must be humane killing. Whilst Muslims agree 100% with the humane killing, their emphasis is on the correct and proper slaughter of the animal, thus killing it through the (humane) slaughter. The subject-matter thus requires ijtihād. Technically, animal or bird/chicken stunning before slaughter is a new thing (an innovation) into the traditional Islāmic slaughter. This (technological) innovation has come about or it necessitated, accommodating the global daily need of food demand & supply in an expedient, healthy, hygienic and humane treatment of the animal / bird. Indeed, it is upon the Muslim ummah to acquire knowledge in all fields of knowledge and education and to be abreast with modern developments, thus cultivating a keenness in and understanding of any modern technological 'innovation' that may affect positively or negatively the traditional Islāmic practices. Animal or bird/chicken stunning is one such modern innovation and therefore it requires in-depth, well-balanced ijtihād, instead of narrow-mindedly (and indeed incorrectly) writing it off as "kufr (un-Islāmic) innovations and therefore it is bāṭil (forbidden) for Muslims to use it." The aforementioned statement is often substantiated by quoting the following ḥadīth and qurānic verse:

D � 1 ردF4 :�4 K�� D ھ0ا �G�Dأ*+ث 4! أ. He who innovates something in this matter of ours (i.e. Islām) that is not part of it, will have rejected it.55 Almighty Allāh says:

!$ uΖøΒ Ï‰ s% uρ 4’ n< Î) $ tΒ (#θè= Ïϑ tã ôÏΒ 9≅ yϑ tã çµ≈ oΨ ù= yè yfsù [!$ t6yδ # ·‘θèWΨ ¨Β

And We shall turn to whatever deeds they (disbelievers, polytheists, sinners, etc.) did, and We shall make such deeds as scattered floating particles of dust.56

Abdullāh bin Bāz (r.a) comments on the above ḥadīth and qurānic verse: "Such are the deeds of those who spend their lives following polytheistic beliefs, false worship, and contrived actions that have not been sanctioned by the Lord of the worlds, the Almighty Allāh."57

As explained throughout this document, stunning is not "polytheistic beliefs, false worship, and contrived (artificial / false) actions", but rather a scientific innovation into the Islāmic slaughter-method, which requires well-balanced ijtihād. There is an English saying: "go with the flow", however, Muslims should adapt to modern times and developments, using their ijtihād where there is no direct Shar'ī basis [the Qurān or Sunnah of the Prophet Muḥammad (s.a.w.s.)] to be found on the specific matter or situation. Still and all, Muslims must never compromise on their foundational Islāmic principles, values and ethics during the processes of adjustments and technological innovations. Makkah in Saudi Arabia is an excellent example to evaluate the use of technological advancements, innovations and modernization, whereby in the ḥaram (sanctuary) of Makkah the only things that still have their original format and place is the ka'bah, ḥijr Ismā-īl and the maqām Ibrahīm. Imagine, the original zamzam well had been completely closed on the maṭāf 58of the ḥaram and now the zamzam is pumped via modern, technologically designed pipes to accommodate millions of pilgrims who visit Makkah throughout the year, over the years and for years to come. Other maṭāfs have been built on top of the original maṭāf and the pilgrims making their ṭawāf above the original maṭāf. Marble has been placed on the maṭāf, whereas in the time of the Prophet (s.a.w.s.) there were natural sand and stones. Such modern-day modification never happened in the time of the Prophet Muḥammad (s.a.w.s.) and most definitely not in the time of the Prophet Ibrāhīm (a.s).

55 Bukhārī 56 Al-Furqān: Q25: 23 57 Bin Bāz, Abdul Azīz bin Abdullāh. 1433H/2012. The Protection of the Monotheism. Riyadh, Saudi Arabia: Ministry of Islāmic Affairs 58 "Ma ṭāf" refers to the circuit place/platform on which the pilgrims circumambulate around the ka'bah.


37

Technically-speaking, are these technological innovations into dīnī (Islāmic) ritual-practices "following polytheistic beliefs, false worship, and contrived actions that have not been sanctioned by the Lord of the worlds"?

In fact, all the other ritual ('ibādah) sites in the ḥaram of Makkah have been innovatively modernized, over the years and presently, to accommodate the millions of pilgrims to Makkah. Many of the religious-significant sites have either been destroyed or removed, as well. The correct way - when addressing modern innovations - is actually to "take advantage" of the non-Muslims' innovations and assess whether it can be utilized and perhaps improve on traditional Islāmic practices, without compromising on foundational Islāmic practices, values and principles. For example, the issue of "life" is a bone of contention for both the humane killing and slaughter before the animal is killed or died. For the animal well-farers, the animal must be insensible and unconscious, thus stunned (a compulsorily condition for humane killing), yet the animal must still be alive before the blade is cut across its throat. Nevertheless, the assumed intention of some of the secularist experts is to 'kill' and not to 'stun' the animal. Furthermore, they are not concerned whether the stunning method is reversible or not because, in the final analysis, the objective is to kill the animal humanely. For the Muslims, "life" must be established before and after the stunning is applied, and the timeframe for "life-existence" between the stunning and the blade slitting the throat. How much life is there still in the animal immediately after the throat-slit is also a validating factor for "life" in the animal. Timeframe-criteria are highly technical and therefore require further in-depth scientific research. Sharī'ah also does not provide such detail specifications; it therefore becomes a matter of ijtihād inquiry. In this document basic Sharī'ah perspectives and some of the technical information were provided as confirmation of "life" in the animal at slaughter and this should serve as meaningful guidelines for correct and proper stunning/slaughter procedures. Various stunning methods, with specific reference to captive bolt and gas stunning methods were explored throughout the document. A common denominator in both captive bolt and gas stunning methods is that both methods are irreversible. The animal is unable to recover after being stunned by either stunning methods and it is going to die because of the stunning, even if it is not slaughtered. However, some Academics argue that gas stunning is reversible (i.e. the animal can recover after it had been gas stunned); it all depends on the gas-mix and the duration the animal/bird is in the 'gas-chamber'. The irony is that most of the 'ulamā approve captive bolt stunning for cattle, despite the fact that it is an irreversible process, because they base their ruling (ḥalāl-decree) on the existence or prevalence of "life" after the captive bolt stunning. However, when it comes to gas stunning some 'ulamā render it unacceptable and that the animal is not permissible (i.e. ḥarām) for Muslim consumption, due to that they cannot establish "life" (i.e. in an unempirical and face-value manner), immediately after the animal was gassed. A similar thing is transpiring with bird/chicken stunning in which the vast majority of global chicken plants are using electric (water bath) stunning for their industrialized, commercialized slaughter of chicken for the global human consumption thereof. This type of stunning had been approved by the Muslim world, with the strict proviso of appropriate electric voltage control (not too high) of the stunning before the Islāmic slaughter and the slaughter is according to Islāmic slaughter-criteria. "Life" before the birds' slaughter must be secured. Recently (about two years, ago), the application of gas stunning was statutorily regulated for all globally industrialized, commercialized chicken plants, especially in Europe by the EU. According to the secularist experts, there is no physical injury to the birds and "life" is confirmed before slaughter, but the 'ulamā have some doubt about "life" before slaughter and are thus in a quandary of approving or not approving such gas stunning practices. Nonetheless, the ḥalāl-decrees (fatāwā) by the 'ulamā seem confusing or contradictory. On the one hand, the animal is shot in the head, crushing a section of its skull and causing permanent brain damage to the animal (thus injury and harm had been inflicted upon the animal). This makes recovery virtually impossible and the animal will eventually die from it, even if it is not slaughtered. The 'ulamā confer their permissibility on it on condition that the animal is slaughtered immediately after the stunning, whilst there is still "life" in it. They are also ignoring the physical injury or harm to the animal prior to killing it. In retrospect, the stunning was irreversible.


38

On the other hand, the animal is gassed that causes a type of paralysis of the brain and body, but because of the gas-mix of carbon dioxide (CO2) and other substances or even only pure carbon dioxide (CO2), the animal is primarily deprived of oxygen, which eventually results into brain damage and cardiac arrest. This is also a milder to no physical injury or harm to the animal prior to killing it. In the end, the animal will die, even if it is not slaughtered, thus it is a humane-killing. As previously alluded to, some scientists do opine that gas-stunning is a reversible process, but under conducive circumstances. The 'ulamā confer their non-permissibility with the view that the animal had suffered suffocation (asphyxiation) [ikhtināq or it is munkhaniqun] by being carbonized and "life" could not be established (at face-value) between the stunning and slaughter period, immediately after the stunning. In essence, the gas stunning was irreversible, though some secularist experts say that the process is reversible if certain conditions are applied, as previously alluded to. Scientifically, though, it is shown that the CO2 gassed animal is alive before the slaughter, depending on the duration (timeframe) between being gassed and the slaughter. In all of this, there must be a balanced and rational approach, like the following qurānic verse so aptly guides us:

(#θà) ¨?$$ sù ©! $# $tΒ ÷Λ ä÷è sÜ tFó™$# (#θãè yϑ ó™$# uρ (#θãè‹ ÏÛr&uρ (#θà) Ï,Ρr&uρ # Z�ö� yz öΝ à6 Å¡à,ΡX{ 3 tΒ uρ s−θãƒ £x ä© ÏµÅ¡ø, tΡ y7 Í×≈ s9 'ρé' sù ãΝèδ

tβθßsÎ= ø, çR ùQ $#

So keep your duty to Allāh and fear Him as much as you can; listen and obey; and spend in charity that is better for yourselves. And whosoever is saved from his own covetousness, then they are the successful ones.59

59 At-Taghābun: Q64: 16


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APPENDIX 1

Stunning of Animal (NHF)60

1. Considering Islām is a religion for all times, Muslim Jurists review contemporary issues on a case-by-case basis. Therefore, certain stunning methods, due to constraints, have been allowed. The time between stunning and slaughter should be strictly monitored by the supervisor.

2. Abattoirs that implement stunning methods need to be monitored, as some animals die after being stunned prior to slaughter (either due to weakness, or delay in slaughter after being stunned). Dying prior to slaughter actually renders the animal ḥarām (unlawful) to eat. There is, therefore, a need for a full-time Muslim supervisor. If after stunning and before slaughter an animal’s body turns red to pinkish-red and the body veins protrude, it indicates that the animal died before slaughter. Moreover, if this happens, the meat inspector on the dressing floor must condemn the entire animal, including the offal.

3. If for some reason or other the animal dies before slaughter, that animal will be ḥarām (unlawful). The slaughterer/supervisor should ensure that the animal and the offal should not be mixed (contaminated) with other ḥalāl carcasses. (A stamp or other identifying mark should be used.)

4. At a chicken abattoir the voltage of the stunner should be between 40-45 volts and the water temperature must not exceed 55 degrees Celsius. Both must be regularly monitored by the supervisor.

60 National Halaal Forum South Africa (NHF) of 2006 (unpublished)


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APPENDIX II

Common Types of Stunning Methods61

Mechanical Methods

No Name Description Conditions of use

Key parameters

Specific requirements

1

Penetrative captive bolt

Simple Stunning

Severe and irreversible damage of the brain provoked by shock and the penetration of a captive bolt

All Species Slaughter, depopulation and other situations

Position and direction of the shot Appropriate velocity, exit length and diameter of bolt according to animal size and species. Maximum stun to stick/kill intervals

2

Non-penetrative captive bolt

Simple Stunning Severe damage of the brain by the shock of a captive bolt without penetration

Ruminants, poultry, rabbits and hares Slaughter only for ruminants Slaughter, depopulation and other situations for poultry, rabbits and hares

Position and direction of the shot Appropriate velocity, diameter and shape of bolt according to animal size and species.

3

Firearm with free projectile

Severe and irreversible damage of the brain provoked by the shock and the penetration of one or more projectiles

All species Slaughter, depopulation and other situations

Position of the shot Power and calibre of the cartridge Type of projectile

4

Maceration

Immediate crushing of the entire animal

Chicks up to 72 hours and egg embryos All situations other than slaughter

Maximum size of the batch to be introduced Distance between the blades and speed of rotation Measure to prevent overloading

5 Cervical dislocation

Manual or mechanical stretching and twist of the neck, provoking cerebral ischemia

Poultry up to 5kg live weight Slaughter, depopulation and other situations

Not applicable

6 Percussive blow to the head

Firm and accurate b low to the head, provoking severe damage to the brain

Piglets, lambs, kids, rabbits, hares, fur animals and poultry up to 5kg live weight Slaughter, depopulations and other situations

Force and location of blow

61 Taken from the Official Journal of the European Union: Council Regulation (EC) No 1099/2009 of 24 September 2009 - REGULATIONS


41


Electrical Methods


Key parameters Specific requirements

1

Head-only Elect Stunning

Simple Stunning Exposure of the brain to a current generating a generalised epileptic form on the electro-encephalogram (EEG)


Min current (A or mA) Min. voltage (V) Max. frequency (Hz) Min exposure time

Max stun-to-stick/kill interval(s) Frequency of calibration of equipment Optimization of the current flow Penetration of electrical shocks before stunning Position and contact surface area of electrodes

2

Head-to-Body Elect Stunning

Exposure of the body to a current generating at the same time a generalized epileptic form on the EEG and the fibrillation or the stopping of the heart Simple stunning in case slaughter



Frequency of calibration of equipment Optimization of the current flow Penetration of electrical shocks before stunning Position and contact surface area of electrodes Max stun-to-stick intervals(s), in case of simple stunning(s)


42


Electrical Methods (Cont)


Key parameters Specific requirements

3

Electrical water-bath

Exposure of the entire body to a current generating a generalized epileptic form on the EEG and possibly the fibrillation or the stopping of the heart through a water-bath Simple stunning except where frequency is equal to or less than 50 Hz.

Poultry Slaughter, depopulation and other situations


Frequency of calibration of equipment Optimization of the current flow Prevention of electrical shocks before stunning Min pain at shackling

Max shackle duration before the water-bath Max stun-to-stick intervals(s) for frequency over 50 Hz(s)


43


Gas Methods


Key parameters


1

Carbon dioxide (CO2)

62 at high concentration

Direct or progressive exposure of conscious animals to a gas mixture containing more than 40% carbon dioxide. The method may be used in pits, tunnels, containers or in buildings previously sealed. Simple stunning in case of slaughter of pigs

Pigs, mustelids, chinchillas, poultry, except ducks and geese Slaughter only for pigs Other situations than slaughter for poultry mustelids, chinchillas, pigs

Carbon dioxide concentration Duration of exposure Max stun-to-stick interval(s) in case of simple stunning Quality of the gas Temperature of the gas

2

Carbon dioxide (CO2) in two phases

Successive exposure of conscious animals to a gas mixture containing up to 40% of carbon dioxide, followed when animals have lost consciousness, by a higher concentration of carbon dioxide

Poultry Slaughter, depopulation and other situations

Carbon dioxide concentration Duration of exposure Quality of the gas Temperature of the gas

3

Carbon dioxide (CO2) associated with inert gas63

Direct or progressive exposure of conscious animals to a gas mixture containing more than 40% carbon dioxide. The method may be used in pits, bags, tunnels, containers or in buildings previously sealed. Simple stunning for pigs if the duration of exposure to, at least, 30% of carbon dioxide is of less than 7 minutes

Pigs and poultry Slaughter, depopulation and other situations

Carbon dioxide concentration Duration of exposure Quality of gas Max stun-to-stick interval(s) in case of simple stunning Temperature of gas Oxygen concentration

62 A colorless, odorless and incombustible gas 63 'Inert' - exhibiting no chemical activity; or exhibiting chemical activity under special or extreme conditions

'Inert gas': Any of the elements helium, neon, argon, krypton, xenon and radon , known to form some compounds


44


Gas Methods (Cont)


Key parameters


4

Inert gases

Inert gases Direct or progressive exposure of conscious animals to an inert gas mixture such as Argon or Nitrogen, leading to anoxia. The method may be used in pits, bags, tunnels, containers or in buildings previously used.

Pigs and poultry Slaughter, depopulation and other situations

Duration of exposure Quality of gas Max stun-to-stick interval(s) in case of simple stunning Temperature of gas Oxygen concentration

5

Carbon monoxide (pure source)

Exposure of conscious animals to a gas mixture containing more than 4% of carbon monoxide

Fur animals, poultry and piglets Other situations than slaughter

Quality of gas Carbon monoxide concentration Duration of exposure Temperature of gas

6

Carbon monoxide associated with other gases

Exposure of conscious animals to a gas mixture containing more than 1% of carbon monoxide associated with other toxic gases

Fur animals, poultry and piglets Other situations than slaughter

Carbon monoxide concentration Duration of exposure Temperature of gas Filtration of the gas produced from engine

Other Methods


Key parameters


1

Lethal Injection

Loss of sensibility and consciousness followed by irreversible death induced by the injection of veterinary medicines

All species Other situations than slaughter

Type of injection Using approved medicines


45

APPENDIX III

Qurānic Verses Pertaining to Dābbah (./دا) and its Derivatives [18 References]

¨βÎ) ’Îû È,ù= yz ÏN≡ uθ≈ yϑ ¡¡9 $# ÇÚö‘ F{ $# uρ É#≈n= ÏG ÷z $# uρ È≅ øŠ ©9 $# Í‘$yγ ¨Ψ9$# uρ Å7 ù= à,ø9 $# uρ ÉL©9 $# “ Ì� øgrB ’ Îû Ì� óst7 ø9 $# $ yϑ Î/ ßìx,Ζ tƒ } $Ζ9$# !$ tΒ uρ

tΑ t“Ρ r& ª! $# zÏΒ Ï !$ yϑ ¡¡9$# ÏΒ &!$Β $uŠ ôm r' sù Ïµ Î/ uÚö‘ F{ $# y‰÷è t/ $pκ ÌEöθtΒ £]t/ uρ $ pκ� Ïù ÏΒ Èe≅ à2 7π−/ !#yŠ É#ƒÎ�óÇ s? uρ Ëx≈ tƒÌh�9 $#

É>$ys ¡¡9 $# uρ Ì� ¤‚|¡ ßϑ ø9$# t ÷t/ Ï !$yϑ ¡¡9 $# ÇÚ ö‘ F{ $#uρ ;M≈ tƒUψ 5Θ öθ s)Ïj9 tβθè= É) ÷ètƒ

Verily! In the creation of the heavens and the earth, and in the alternation of night and day, and the ships which sail through the sea with that which is of use to humankind, and the water (rain) which Allāh sends down from the sky and makes the earth alive therewith after its death, and the moving (living) creatures of all kinds that He has scattered therein, and in the veering of winds and clouds which are held between the sky and the earth, are indeed āyāt (proofs, evidences, signs, etc.) for people of understanding [Al-Baqarah: Q2: 164].

$ tΒ uρ ÏΒ 7π−/ !# yŠ ’ Îû ÇÚ ö‘ F{ $# Ÿωuρ 9� È∝ ¯≈ sÛ ç��ÏÜ tƒ Ïµø‹ ym$oΨ pg¿2 HωÎ) íΝ tΒ é& Ν ä3ä9$sV øΒ r& 4 $Β $ uΖ ôÛ§� sù ’ Îû É=≈tG Å3ø9 $# ÏΒ & ó x« 4 ¢Ο èO 4’ n< Î)

öΝ ÍκÍh5 u‘ šχρç� |³ øt ä†

There is not a moving (living) creature on earth, nor a bird that flies with its two wings, but are communities like you. We have neglected nothing in the Book, then unto their Lord they (all) shall be gathered [Al-An'ām: Q6: 38].

¨βÎ) §� Ÿ° Éb> !#uρ £‰9$# y‰ΖÏã «! $# •Μ ÷Á9 $# ãΝõ3ç6 ø9 $# šÏ% ©!$# Ÿω tβθè= É) ÷ètƒ

Verily! The worst of (moving) living creatures with All āh are the deaf and the dumb, those who understand not (i.e. the disbelievers) [Al-Anf āl: Q8: 22].

¨βÎ) §� Ÿ° Éb> !#uρ £‰9$# y‰ΨÏã «! $# tÏ% ©!$# (#ρã� x,x. ôΜßγ sù Ÿω tβθãΖÏΒ ÷σ ãƒ

Verily, the worst of moving (living) creatures before Allāh are those who disbelieve, - so they shall not believe [Al-Anf āl: Q8: 55].

$ tΒ uρ ÏΒ 7π −/!# yŠ ’ Îû ÇÚö‘ F{ $# āωÎ) ’ n?tã «! $# $ yγ è% ø—Í‘ ÞΟ n= ÷è tƒuρ $yδ §� s) tFó¡ãΒ $ yγtã yŠ öθ tFó¡ãΒ uρ 4 @≅ ä. ’ Îû 5=≈ tG Å2 &Î7•Β

And no (moving) living creature is there on earth but its provision is due from Allāh. And He knows its dwelling place and its deposit (in the uterus, grave, etc.). All is in a clear Book (al-lauḥ al-maḥfūẓ - the Book of Decrees with Allāh) [Hūd: Q11: 6].

’ ÎoΤ Î) àM ù= ©. uθs? ’ n?tã «! $# ’ În1 u‘ Ο ä3În/ u‘ uρ 4 $Β ÏΒ >π −/!# yŠ āω Î) uθ èδ 8‹Ï{# u !$ pκÉJ uŠ Ï¹$ uΖÎ/ 4 ¨βÎ) ’ În1 u‘ 4’ n?tã :Þ≡u� ÅÀ 8ΛÉ) tG ó¡•Β

I put my trust in All āh, my Lord and your Lord! There is not a moving (living) creature but He has grasp of its forelock. Verily, my Lord is on the Straight Path (the truth) [Hūd: Q11: 56].

¬! uρ ß‰ àfó¡ o„ $ tΒ ’ Îû ÏN≡uθ≈ yϑ ¡¡9 $# $ tΒ uρ † Îû ÇÚö‘ F{ $# ÏΒ 7π−/ !#yŠ èπ s3Í× ¯≈ n= yϑ ø9 $#uρ öΝèδ uρ Ÿω tβρç� É9 õ3tG ó¡o„

And to All āh prostate all that is in the heavens and all that is in the earth, of the live moving creatures and the angels, and they are not proud [i.e. they worship their Lord (All āh) with humility] [An-Naḥl: Q16: 49].


46

öθ s9uρ ä‹ Ï{# xσãƒ ª! $# } $Ζ9 $# /ÏS Ïϑ ù= Ýà Î/ $Β x8 t�s? $ pκ ö� n= tæ ÏΒ 7π−/ !#yŠ Å3≈ s9 uρ öΝèδ ã� ½jz xσãƒ #’ n< Î) 9≅ y_ r& ‘wΚ |¡•Β ( #sŒ Î* sù u !% y óΟ ßγ è= y_r& Ÿω

šχρã� Ï‚ ø↔tFó¡tƒ Zπtã$y™ ( Ÿωuρ tβθãΒ Ï‰ø) tG ó¡o„

And if All āh were to seize humankind for their wrong-doing, He would not leave on it (the earth) a single moving (living) creature, but He postpones them for an appointed term and when their term comes, neither can they delay nor can they advance it an hour (or a moment) [An-Naḥl: Q16: 61].

óΟ s9 r& t� s? āχ r& ©! $# ß‰àf ó¡o„ … çµs9 tΒ ’ Îû ÏN≡ uθ≈ yϑ ¡¡9 $# tΒ uρ ’Îû ÇÚö‘ F{ $# ß§ôϑ ¤±9 $# uρ ã� yϑ s) ø9$# uρ ãΠθàf‘Ζ9$# uρ ãΑ$t7Ågø: $# uρ ã� yf ¤±9$# uρ

�> !# uρ¤$!$# uρ ×��ÏV Ÿ2uρ z ÏiΒ Ä¨$Ζ9 $# ( î��ÏW x. uρ ¨,ym Ïµø‹ n= tã Ü># x‹ yèø9 $# 3 tΒ uρ ÇÍκç‰ ª!$# $yϑ sù … çµs9 ÏΒ BΘ Ì�õ3•Β 4 ¨βÎ) ©!$# ã≅ yèø, tƒ $ tΒ

â !$t± o„

See you not that to Allāh prostrates whoever is in the heavens and whoever is on the earth, and the sun, and the moon, and the stars, and the mountains, and the trees, and ad-dawāb (moving living creatures, beasts, etc.), and many of humankind? But there are many (men) on whom the punishment is justified. And whomsoever Allāh disgraces, none can honour him. Verily! Allāh does what He wills [Al-Hajj: Q22: 18].

ª! $#uρ t,n= y{ ¨≅ ä. 7π −/!# yŠ ÏiΒ & !$Β ( Ν åκ÷] Ïϑ sù Β Å´ ôϑ tƒ 4’n? tã ÏµÏΖ ôÜ t/ Νåκ ÷] ÏΒ uρ Β Å´ ôϑ tƒ 4’ n? tã È ÷,s#ô_ Í‘ Νåκ ÷] ÏΒ uρ Β Å´ ôϑ tƒ

#’ n?tã 8ìt/ ö‘ r& 4 ß, è= øƒs† ª!$# $ tΒ â !$ t±o„ 4 ¨βÎ) ©! $# 4’ n? tã Èe≅à2 & ó x« Ö�ƒÏ‰s%

All āh has created every moving (living) creature from water. Of them there are some that creep on their bellies, some that walk on two legs, and some that walk on four. All āh creates what He wills. Verily! Allāh is Able to do all things [An-Nūr: Q24: 45].

# sŒ Î) uρ yì s% uρ ãΑ öθ s)ø9 $# öΝ Íκ ö� n= tã $oΨ ô_ t� ÷z r& öΝ çλm; Zπ −/!# yŠ zÏiΒ ÇÚö‘ F{ $# óΟ ßγãΚ Ïk= s3è? ¨βr& } $ ¨Ζ9$# (#θçΡ% x. $uΖ ÏG≈ tƒ$t↔ Î/ Ÿω tβθãΖ Ï%θãƒ

And when the word (of torment) is fulfilled against them, We shall bring out from the earth a beast to them, which will speak to them because humankind believed not with certainty in Our āyāt [verses of the Qurān and Prophet Muḥammad (s.a.w.s.)] [An-Naml: Q27: 82].

Éi r( Ÿ2uρ ÏiΒ 7π−/ !# yŠ āω ã≅ Ïϑ øtrB $yγ s% ø—Í‘ ª! $# $yγ è% ã— ö� tƒ öΝ ä.$−ƒÎ) uρ 4 uθèδ uρ ßì‹ Ïϑ ¡¡9 $# ãΛÎ= yè ø9$#

And so many a moving (living) creature there is, that carries not its own provision! Allāh provides for it and for you. And He is the All-Hearer, the All-Knower [Al-'Ankabūt: Q29: 60].

t,n= yz ÏN≡uθ≈ yϑ ¡¡9 $# Î� ö�tó Î/ 7‰ uΗ xå $ pκ tΞ ÷ρ t� s? ( 4’ s+ø9 r&uρ ’Îû ÇÚö‘ F{ $# z Å›≡uρ u‘ βr& y‰‹Ïϑ s? öΝä3Î/ £]t/ uρ $ pκ�Ïù ÏΒ Èe≅ ä. 7π−/ !#yŠ 4 $ uΖø9 t“Ρ r&uρ zÏΒ

Ï !$yϑ ¡¡9 $# [!$ tΒ $ oΨ÷G u;/Ρ r' sù $pκ� Ïù ÏΒ Èe≅ à2 8l ÷ρy— AΟƒÍ�x.

He has created the heavens without any pillars that you see and has set on the earth firm mountains, lest it should shake with you. And He has scattered therein moving (living) creatures of all kinds. And We send down water (rain) from the sky, and we cause (plants) of every goodly kind to grow therein [Luqmān: Q31: 10].


47

$£ϑ n= sù $ uΖøŠ ŸÒs% Ïµ ø‹ n= tã |N öθyϑ ø9 $# $tΒ öΝ çλ°; yŠ 4’ n?tã ÿÏµ Ï?öθ tΒ āω Î) èπ−/ !#yŠ ÇÚö‘ F{ $# ã≅ à2 ù's? … çµs? r' |¡Ψ ÏΒ ( $£ϑ n= sù §� yz ÏM uΖ ¨� t7s? ÷Åg ø:$# β r&

öθ©9 (#θçΡ% x. tβθßϑ n=ôè tƒ |= ø‹ tóø9 $# $tΒ (#θèV Î6s9 ’ Îû É>#x‹ yèø9 $# ÈÎγßϑ ø9 $#

Then when We decreed death for him [Sulaymān (Solomon) a.s], nothing informed them (jinns) of his death except a little worm of the earth, which kept (slowly) gnawing away at his stick, so when he fell down, the jinns saw clearly that if they had known the unseen, they would not have stayed in the humiliating torment [Saba': Q34: 14].

š∅ÏΒ uρ Ä¨$Ζ9$# Å_U!# uρ¤$!$#uρ ÉΟ≈ yè÷Ρ F{ $# uρ ì# Î= tFøƒ èΧ …çµ çΡ≡uθø9 r& š� Ï9≡x‹ x. 3 $yϑ ¯Ρ Î) y øƒs† ©!$# ôÏΒ Íν ÏŠ$t6 Ïã (#àσ ¯≈ yϑ n= ãèø9 $# 3 āχ Î) ©! $#

î“ƒÍ• tã î‘θà, xî

And of men and ad-dawāb (moving living creatures, beasts, etc.), and cattle, in like manner of various colours. It is only those who have knowledge ('ulamā) among His slaves that fear Allāh. Verily, All āh is All-Mighty, Oft-Forgiving [Fāṭir: Q35: 28].

öθ s9uρ ä‹ Åz# xσãƒ ª! $# } $Ψ9$# $ yϑ Î/ (#θç7 |¡Ÿ2 $ tΒ š‚ t� s? 4’ n?tã $yδ Ì� ôγ sß ÏΒ 7π −/!# yŠ Å6≈ s9uρ öΝ èδ ã� ½jz xσ ãƒ #’ n< Î) 9≅ y_ r& ‘wΚ |¡•Β ( # sŒ Î* sù u !$y_ öΝ ßγè= y_ r& χ Î* sù ©! $# tβ% x. Íν ÏŠ$t6 ÏèÎ/ # M�� ÅÁt/

And if All āh were to punish men for that which they earned, He would not leave a moving (living) creature on the surface of the earth, but He gives them respite to an appointed term, and when their term comes, then verily, Allāh is ever All-Seer of His slaves [Fāṭir: Q35: 45].

ôÏΒ uρ ÏµÏG≈ tƒ# u ß,ù= yz ÏN≡uθ≈ yϑ ¡¡9 $# ÇÚö‘ F{ $# uρ $ tΒ uρ £]t/ $yϑ ÎγŠ Ïù ÏΒ 7π−/ !# yŠ 4 uθ èδuρ 4’ n?tã öΝ ÎγÏè÷Η sd # sŒ Î) â !$t±o„ Ö�ƒÏ‰ s%

And among His āyāt (proofs, evidences, lessons, signs, etc.) is the creation of the heavens and the earth, and whatever moving (living) creatures He has dispersed in them both. And He is All-Potent over their assembling (i.e. resurrecting them on the Day of Resurrection after their death, and dispersion of their bodies) whenever He wills [Ash-Shūrā: Q42: 29].

’ Îûuρ ö/ä3É) ù= yz $ tΒ uρ ‘]ç6 tƒ ÏΒ >π−/ !#yŠ ×M≈ tƒ# u 5Θ öθs) Ïj9 tβθãΖÏ%θãƒ

And in your creation, and what He scattered (through the earth) of moving (living) creatures are signs for people who have faith with certainty [Al-Jāthiyah: Q45: 4].

zΟ≈ yè÷Ρ F{ $# uρ $ yγs) n= yz 3 öΝ à6 s9 $ yγŠ Ïù Ö ô∃ÏŠ ßìÏ,≈ oΨ tΒ uρ $ yγ ÷ΨÏΒ uρ tβθè= à2ù' s? ∩∈∪ öΝä3 s9uρ $yγŠ Ïù îΑ$ uΗ sd šÏm tβθçt† Ì� è? tÏnuρ

tβθãm u�ô£ n@ ∩∉∪ ã≅ Ïϑ øtrB uρ öΝ à6 s9$s) øOr& 4’ n< Î) 7$ s# t/ óΟ ©9 (#θçΡθä3 s? ÏµŠ ÉóÎ=≈ t/ āωÎ) Èd,Ï±Î0 Ä§à,ΡF{ $# 4 āχ Î) öΝä3−/ u‘ Ô∃ρât� s9 ÒΟ‹Ïm §‘

And the cattle, He has created them for you; in them there is warmth (warm clothing), and numerous benefits, and of them you eat. And wherein is beauty for you, when you bring them home in the evening, and as you lead them forth to pasture in the morning. And they carry your loads to a land that you could not reach except with great trouble to yourselves. Truly, your Lord is full of kindness, most merciful. [An-Naḥl: Q16: 5 - 7].

Ÿ≅ ø‹ sƒ ø: $#uρ tΑ$ tóÎ7ø9 $# uρ u��Ïϑ ys ø9 $#uρ $ yδθç6 Ÿ2÷� tIÏ9 Zπ uΖƒÎ— uρ 4 ß,è= øƒ s†uρ $ tΒ Ÿω tβθßϑ n= ÷ès? ∩∇∪ ’ n?tã uρ «!$# ß‰ óÁs% È≅‹ Î6¡¡9 $# $yγ ÷Ψ ÏΒ uρ Ö� Í← !$y_

4 öθ s9 uρ u !$ x© öΝà61y‰ oλm; šÏèuΗ ød r&

And (He has created) horses, mules and donkeys for you to ride and as an adornment. And He creates (other) things of which you have no knowledge. And upon Allāh is the responsibility to explain the Straight Path (i.e. Islāmic monotheism for humanity i.e. to show them legal and illegal, good and evil things, etc. So, whosoever accepts the guidance, it will be for his own benefit and whosoever goes astray, it


48

will be for his own destruction), but there are ways that turn aside (such as Paganism, Judaism, Christianity, etc.). And had He willed, He would have guided you all (humanity) [An-Naḥl: Q16: 8 - 9]

óΟ s9 uρr& (# ÷ρt� tƒ $ ¯Ρr& $ uΖø) n= yz Νßγ s9 $ £ϑ ÏiΒ ôM n= Ïϑ tã !$uΖƒÏ‰÷ƒ r& $ Vϑ≈ yè÷Ρ r& ôΜßγ sù $ yγs9 tβθä3 Î=≈tΒ ∩∠⊇∪ $ yγ≈ oΨù= ©9 sŒuρ öΝ çλm; $pκ ÷] Ïϑ sù öΝæκ â5θä. u‘ $pκ ÷] ÏΒ uρ

tβθè= ä.ù' tƒ ∩∠⊄∪ öΝ çλm; uρ $pκ� Ïù ßìÏ,≈ oΨ tΒ Ü> Í‘$t± tΒ uρ ( Ÿξ sùr& šχρã� ä3ô±o„

Do they not see that We have created for them of what Our Hands have created, the cattle, so that they are their owners. And We have subdued them unto them so that some of them they have for riding and some they eat. And they have (other) benefits from them (besides), and they get (milk) to drink, will they not then be grateful? [Yāsīn: Q35: 71 - 72].

ª! $# “ Ï% ©!$# Ÿ≅ yè y_ ãΝä3 s9 zΝ≈ yè÷ΡF{ $# (#θç7 Ÿ2÷� tIÏ9 $ pκ ÷] ÏΒ $ pκ÷] ÏΒ uρ šχθè= ä. ù's? ∩∠∪ öΝä3 s9uρ $ yγ‹ Ïù ßìÏ,≈ oΨ tΒ (#θäóè= ö7 tFÏ9 uρ $pκ ö� n= tæ Zπy_% tn

’ Îû öΝà2 Í‘ρß‰ ß¹ $ yγøŠn= tæ uρ ’ n? tã uρ Å7 ù= à,ø9 $# šχθè= yϑ øt éB ∩∇⊃∪ öΝä3ƒÌ� ãƒ uρ ÏµÏG≈ tƒ# u £“ r' sù ÏM≈ tƒ# u «!$# tβρã� Å3Ζè?

All āh, it is He who has made cattle for you, that you may ride on some of them and of some you eat. And you have (many other) benefits from them, and that you may reach by their means a desire that is in your breasts (i.e. carry your goods, loads, etc.), and on them and on ships you are carried. And He shows you his signs and proofs (of his Oneness in all the above mentioned things). Which then of the signs and proofs of All āh do you deny? [Al-Mu'min: Q40: 79 - 81].


49

APPENDIX IV

Transliteration

Name Arabic

Symbol

Phonetic

Symbol

Name Arabic

Symbol

Phonetic

Symbol

Alif ا A Ḍād ض ḍ

Bā’ ب B Ṭā’ ط ṭ

Tā’ ت T Ẓā’ ظ ẓ

Thā’ ث Th Ain ع `a

Jīm ج J Ghain غ gh

Ḥā’ ح Ḥ Fā’ ف f

Khā’ خ Kh Qāf ق q

Dāl د D Kāf ك k

Dhāl ذ Dh Lām ل l

Rā’ ر R Mīm م m

Zay ز Z Nūn ن n

Sīn س S Wāw و w

Shīn ش Sh Hā’ ه h

Ṣād ص Ṣ Yā’ ي y

The Arabic alphabet consists of 28 consonants. The hamzah ( ء ) is counted as an extra letter. It is indicated by the symbol ( ’ ). Three of the consonants are also used as long vowels or dipthongs, viz.: alif (ا), wāw ( و ) and yā’ ( ي ). They are indicated with a line ( ¯ ) upon the consonants.64

64 Mohamed Yasien and Muḥammad Haron.1989. First steps in Arabic Grammar. Pietermaritzburg, RSA: Natal Witness Printing and Publishing Company. pp. V111.


50

APPENDIX V

Abbreviations a.s - may peace (and mercy of Allāh) be upon him, her or them

JAKIM - Jabatan Kemajuan Islām Malaysia (Malaysia Department of Islāmic

Development) [est.

MJC - The Muslim Judicial Council (SA) [est. 1945)

MJCHT - The MJC Ḥalāl Trust, South Africa [est. 1945]

r.a - may Allāh be satisfied with him or her or them

r.a - may Allāh have mercy upon him or her or them

s.a.w.s. - may the peace and blessings of Allāh be showered upon him (the Prophet

Muḥammad)


51

APPENDIX VI

Glossary (List of Common Terminologies)

Stunning - �N+Oا��

Khadira ( ر+P) - to be numb, benumbed, paralyzed; to anaesthetize, narcotize, be stunned

Khadir (ر+P) - numb, benumbed; torpid or dazed

Khadar (ر+P) and khudrah (رة+P) - numbness, daze, stupor, torpor

Mukhaddir (ر+OD) [pl. (رات+OD) mukhaddirāt] - a narcotic, drug or dope; anaesthetic; tranquilizing

Takhdīr (�N+O<) - narcosis, anaesthetization, stunning

Dākha ( داخ) yadūkhu ( وخ+N) - to stun, be or become dazed, dizzy; to be in a coma

Daukha )�Bدو( – dizziness, coma; nausea

Air is the most common gas that comprises mostly from oxygen and nitrogen. Acetylene gas is generally used as the fuel for oxyacetylene torches. However, its main use is in the manufacturing of plastics. Argon is present in the air in small quantities and does not combine with other substances. When high-enough electricity voltage is sent through it, it radiates a purple-violet colour. Carbon dioxide is in the air and is generally produced in the body or plants. However, the air you breathe out has considerable carbon dioxide in it, which is not poisonous in small amounts. Carbon monoxide is produced in automobile exhaust and some kinds of cooking gas, which is also poisonous in small amounts. Helium is one seventh as heavy as air. It becomes a liquid when it cooled to -453 degrees. Hydrogen is the lightest gas and is about half as heavy as helium. It is often used large electric generators to help cool the electric windings. Hydrogen is generally used to produce margarine and shortening; in processing oils, such as soybean, fish, cottonseed and corn oil through a process known as hydrogenation. Krypton is a dense gas that conducts heat poorly and absorbs radioactivity. When high-enough electricity voltage is sent through it, it radiates a pale violet colour. Methane is easily combustible and therefore commonly used to cook food and heat houses. Nitrogen is tasteless, harmless and inactive. Xenon is a good conductor of electricity and therefore it is used generally in electric tubes and high-power electric lights. When high-enough electricity voltage is sent through it, it radiates a shy-blue or blue-green colour. abū Father. Sometimes it is written as “abī” to give effect to the application of the Arabic grammar principle of: in the nominative case: “Abū” and in the genitive case: “ab ī” and in the accusative case: “abā”

ahlu People or family. Sometimes it is written as “ahli” to give effect to the application of the Arabic grammar principle of: in the nominative case: “ahlu” and in the genitive case: “Ahli” and in the accusative case: “ahla”


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‘ālam (pl. ‘ālamūn) The word “‘ālam” generally refers to all creations that may exist, e.g. the human race, the animal world, the plant world, etc. and Yūsuf Allie (1930) adds the ‘astronomical and physical worlds, worlds of thought; and the spiritual worlds’.

‘ālim (pl. ‘ulamā) It refers to a Muslim scholar al-ḥamdulillāhi rabbil ālamīn All the praise and thanks is to Almighty Allāh, Lord of the universe and all creations ‘aqīdah (pl. ‘aqā-id) Belief, articles of faith or doctrine; it also refers to ‘the ideology that one follows’

arkān (sing. rukn) The pillars, principles or basic elements of something (e.g. Islām, ḥajj or ‘umrah)

aṣl (pl. uṣūl) The origin of something or someone auliyā (sing. wali) Saints or people who are close to Almighty Allāh. It also implies people who occupy positions of being legal guardians, helpers, supporters and benefactors

dabgh (pl. dibāghah) Tanning

dhabh (pl. dhabā-iḥ) The act to slaughter the animal or poultry by severing / slitting its throat with a decisive clean cut of the throat, which involves cutting the ḥalqūm, the marī’ , the wadijān and the shiryān subātī. This (i.e. the dhabḥ procedure) is according to the dictates of Sharī’ah Law.

du’ā (pl. ad’iyah) A prayer to or to invoke Allāh The Most High or supplication

farḍ (pl. furūḍ) An obligation and also used as ‘statutory’, which is punishable if not done and rewarded if done fasād (pl. mafāsid) All things, places or people that are bad, rotten, evil, wicked, or corrupt and/or described as ‘ḥarām’; or they can cause these negative things to other people.

fatwā (pl. fatāwā) A religious decree

fiqh Islāmic jurisprudence ḥadīth (pl. aḥādīth) Sayings and utterances of the Prophet Muḥammad (s.a.w.s.)

ḥajj Annual pilgrimage to Mecca

ḥalālan The dietary laws of the Muslim community, which is a term that governs the items, products and foodstuffs that are permissible for Muslims to use and consume “from the earth to the table, to the stomach” in their daily lives. This includes the meat of slaughtered eatable animals, birds or poultry; liquid products, milk products, fats, vegetables, fruits; pharmaceutical products, cosmetics, health products. Whatever one consumes and drinks must be ḥalāl and ṭay-yib. In other words, “ ḥalālan” encompasses one’s entire lifestyle.


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ḥalāl Food, drink, edibles, nutrients, fats and oils and consumables, which include spices, flavouring, stabilizers, preservatives and beverages and/or ingredients permitted under Sharī’ah for Muslims to consume that fulfil the following conditions:

• The food does not contain any parts or products of animals that are non-ḥalāl by Sharī’ah or any parts or products of animals which are not slaughtered according to Sharī’ah;

• The food does not contain najis, according to Sharī’ah; • The food is safe for consumption, non-poisonous, non-intoxicating, non-toxic, or non-hazardous to

health; • The food is not prepared, processed, or manufactured using equipment contaminated with najis,

according to Sharī’ah; • The food does not contain any human body parts or its derivatives; • The food – during its preparation, processing, handling, packaging, storage, distribution – must be

physically separated from any other food that does not meet the aforementioned requirements, or any other things that have been decreed as najis by Sharī’ah;

• If no pork or pork by-products, or wine, liquor or alcohol in a non-ḥalāl restaurant and/or eating place is mixed with ḥalāl meat, chicken, fish or “the food”, it does not automatically render the restaurant / eating place’s food ḥalāl. This is because the meat or chicken is not ḥalāl slaughtered, or its cooking utensils and equipment are contaminated with non-ḥalāl.

• Therefore, the chief chef or manager cannot render the food or the facility ḥalāl at his discretion and declare it “ ḥalāl friendly” . The ḥalāl authorities must declare it ḥalāl or not. There is no such thing as “ ḥalāl friendly” .

ḥalqūm The throat

ḥaqīqah (pl. ḥaqīqāt) The original state of something or someone

ḥarām Things or actions that are not classified as ḥalāl, and/or, are denoted as forbidden, impure, harmful or unlawful under Sharī’ah

ḥarakah al madh-būḥ Movement or life in the animal or bird at the time of slaughtering ḥayāt-al-mustaqirrah Breathing - having life

‘ibādah (pl. ‘ibādāt) To worship Almighty Allāh

iḍṭirār Desperation or coercion, or under necessity of compulsion iḥrām Special clothes which the pilgrims don when performing their ḥajj or ‘umrah, placing them in a state of holiness, in order to perform the rest of the arkān of the ḥajj and ‘umrah. ijmā Consensus of the ‘ulamā

ijtih ād Independent judgment in a legal or theological question, duly derived from the legal injunctions of the Qurān and the Sunnah

inqilāb-al-ḥaqīqāt To affect change in the substance and/or discard the original state

istiḥālah A process of changing, transmuting or transforming something from its original state into another state


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istinbāṭ In-depth thinking/searching to extract, or devise, or arrive at informed and empirical conclusions or inventions, based on the legal injunctions of the Qurān and the Sunnah

jā-iz Permissible kāfir (pl. kāfirūn) The disbelievers in Almighty Allāh, in His Oneness, in His Angels, in His Books, in His Messengers, in the Day of Resurrection, and in al-qadr (predestination), etc. khabītha (pl. khabā-ith / khubuth) All the bad, evil, filth, impure, unhygienic and unlawful things with regard to food, deeds, beliefs and persons

khamr (pl. khumūr) Wine, liquor and/or alcoholic beverages

khinzīr (pl. khanāzīr) Pig, boar, soar, swine labbah (pl. labbāt) The breastbone (sternum); the part of the chest where the flat bone of the topmost ribs are connected to the breast bone. It is usually referred to place of the throat where the camel must be slaughtered

madh-hab (pl. madhāhib) School of Thought (Jurisprudence)

makrū When something or a deed is considered as detestable, loathsome or hateful; but one is rewarded if not done and not punished if done

maqāṣid al-sharī’ah Objectives of Sharī’ah mas-alah (pl. masā-il) Questions

mashbūh Suspect or doubtful

maytah Dead animals or birds maẓlūm A victim or oppressed person

marī’ (pl. amri-ah or muru’) The gullet (or esophagus)

mustaḥab Likeable or recommended nafaqah (pl. nafaqāt) Maintenance or support money; and sometimes used as ‘cost of living expenses’ or disbursements najis (pl. najāsa or anjās or najāsāt) Impure, unclean, defiled, polluted, soiled, toxic, dirty, filthy or contaminated: “najis” is described as follows: najāsa-al-‘ayn – means that the product or something is impure and unclean in its essence, like in the case of pigs

a) Najis mughallaẓah: is considered as severe/heavy najis which are dogs (kalb/kilāb) and pigs (khinzīr/khanāzīr), including any liquid and objects discharged from their orifices, descendants and derivatives;


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b) Najis mutawassiṭah is considered as medium najis. Vomit, pus, blood, wine/liquor (khamr), carrion;

liquid and discharge from orifices, etc. fall under this category.

c) Najis mukhaffafah: is considered as light najis. The urine from a baby boy at the age of two years old and below who has not consumed any (solid) food, except his mother’s milk fall under this category of najis;

In other words, najis, according to Sharī’ah, includes:

• Dogs and pigs, their descendants and/or derivatives; • Ḥalāl food that is contaminated with things that are non-ḥalāl; • Ḥalāl food that comes into direct contact with things that are non-ḥalāl; • Any liquid and objects discharged from the orifices of human beings or animals such as urine, blood,

vomit, pus, placenta, and excrement; sperm, ova and milk of pigs and dogs, except sperm, ova and milk of other animals;

• Carrion or ḥalāl animals or poultry that are not slaughtered, according to Sharī’ah; • Khamr and/or food and drink that contain or are mixed with khamr

ni’mah The favours and graces Almighty Allāh has bestowed upon us niyah Intention

nuṣub Stone altars at fixed places or graves, whereon sacrifices were slaughtered on certain occasions in the name of idols, jinns, angels, pious people and saints, in order to honour them, or to expect benefit from them

qadr Predestination qiblah To face the direction of Makkah

qiyās Logical deduction by analogy or analogous interpretation

rizq The sustenance and provisions Almighty Allāh has bestowed upon us

ṣadaqah A voluntary charity, i.e. a charity or donation which one gives out one’s own free-will; if it is done, one will be rewarded and if it is not done, one will not be punished ṣāliḥ Being pious. In the context of the book it means: good, right, proper, passable and befitting.

say-yidah (pl. say-yidāt) Lady or mistress. In the context of the book it is referred to as “the pious lady”. Sometimes it is written as “say-yidatah” to give effect to the application of the Arabic grammar principle of: in the nominative case: “say-yidatu” and in the genitive case: “say-yidati” and in the accusative case: “say-yidata”

say-yid (pl. asyād) [sāda - (pl. sādāt)] Mister, Sir, master, gentleman, chief

shāri’ The Lawmaker, Almighty Allāh shar’ī The legal (correct or permitted) corpus of something/person, according to Sharī’ah. It is also denoted as ‘judicial-religious’


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sharī’ah 'Sharī’ah ' is literally translated as 'Islāmic law'. The sources of Islām, namely: the Holy Qurān; the sayings and deeds of the Prophet (s.a.w.s.) [i.e. Sunnah] and includes ijmā’ (consensus of scholars) and qiyās (analogy). Generally, it refers to the orders of Almighty Allāh, which incorporates ‘aqīdah (principles of belief) and fiqh (jurisprudence) that relate directly to the actions of people who are responsible and accountable by obligation, option or waḍ-u [A requirement prior to the implementation of any Sharī’ah obligations, e.g. adhering to prayer time is a requirement for the specific farḍ (obligatory) prayer to be valid]. Sharī'ah was introduced to Arabia more than 1 435 years, ago. Since the Birth of Islām in the early 7th Century (+ 609 A.D) in Arabia, almost all of the pagan and repugnant laws, which prevailed, at the time, during the Jāhiliyah Period, were either abolished or reformed in Arabia. Almighty Allāh reformed the pagan, repugnant, inhumane and immoral laws through the Qurān and His Prophet Muḥammad (s.a.w.s.) over a period of twenty three (23) years. Sharī'ah is loosely translated as "Islāmic law". It refers to the sum total of Islāmic laws which were revealed by Almighty Allāh to the Prophet Muḥammad [s.a.w.s.]. These laws are recorded in the Qurān and are also deduced from the Prophet's divinely-guided lifestyle (called the 'Sunnah'). The last-mentioned is inferred from when Allāh says:

Β ÆìÏÜ ãƒ tΑθß™§�9 $# ô‰ s) sù tí$sÛr& ©! $# ( tΒ uρ 4’ ¯< uθ s? !$yϑ sù y7≈ oΨ ù= y™ ö‘ r& öΝ ÎγøŠn= tæ $ZàŠ Ï, ym

He who obeys the Messenger (s.a.w.s.), has indeed obeyed Allāh. But he who turns away, then have We not sent you [O Muḥammad (s.a.w.s.)] except as a watcher over them? (An-Nisā: Q4: 80). In essence, Sharī'ah means, "The law of God". Technically, Sharī'ah = the Qurān + the Sunnah. The Prophet Muḥammad (s.a.w.s.) said in his Farewell Sermon:

I leave two things for you; if you hold firmly and zealously onto them, you will never ever go astray: the Book of Allāh and the Sunnah of His Prophet.

There are, however, sub-branches/sources of Sharī'ah, which circumspectly, constitute the additional legal components of Sharī'ah, viz.:

a) Ijmā’ (Consensus of the ‘ulamā); b) Qiyās (Analogy); c) Istiḥsān (Equity); d) Ijtih ād (Individual Judgment) and e) Taqlīd (Custom).

Many people argue that if an Islāmic Law is not stipulated in the Qurān, then it cannot be considered part of Sharī’ah. The Qurān is the primary source of Sharī’ah, and no one disputes this. However, the Sunnah is equally important as a primary source because Almighty Allāh has given it such credence by emphatically stating, amongst other qurānic verses:

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And whatsoever the Messenger (s.a.w.s.) gives you, take it, and whatsoever he forbids you, abstain from it. (Al-Ḥashr: Q59: 7).

$ tΒ ¨≅ |Ê ö/ ä3ç7Ïm$ |¹ $tΒ uρ 3“ uθ xî ∩⊄∪ $tΒ uρ ß,ÏÜΖ tƒ Çtã #“ uθ oλù; $# ∩⊂∪ ÷β Î) uθ èδ āωÎ) Ö óruρ 4 yrθãƒ

Your companion [Muḥammad (s.a.w.s.)] has neither gone astray nor has he erred. Nor does he speak of his own desire – it is only an Inspiration that is inspired (to him by Almighty All āh). [An-Najm: Q53: 2 - 4]. The above-mentioned explanation unequivocally substantiates the fact that whatever the Prophet Muḥammad (s.a.w.s.) said or did; tacitly or expressly approved or disapproved of, whether it was mentioned in the Qurān or not, has to be incorporated into the broader framework of Sharī'ah. Hence, the Prophet Muḥammad (s.a.w.s.) is the key proponent of Sharī’ah. Ayesha (r.a), the Prophet’s wife, also described him and his character as “the living Qurān”.


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As an endorsement to the aforementioned paragraph, Almighty All āh instructs all His believers to pray, but does not elaborate how the prayer should be performed or how many times the prayer ought to be performed per day. Similarly, He enjoins upon His believers to pay zakāh (poor-tax), payable to the poor and destitute and tabulates the other categories to whom this zakāh must be paid (Taubah: Q9: 60). However, Almighty Allāh does not tabulate how much must be given to each category and when it is be given. The Prophet Muḥammad (s.a.w.s.) stipulated the detail of this Shar'ī Statute. shirk To associate partners with Almighty Allāh shiryān subātī Arteries, but in the context of the book it refers to the carotid arteries

shubha [pl. shubuhāt (mashbūh)] Things or actions that are dubious, suspect, vague, or uncertain and its status is not definitely known whether it is ḥalāl or ḥarām (e.g. the nature of raw material used in production is suspect).

sunnah The life and lifestyle of the Prophet Muḥammad (s.a.w.s.); his preaching, teachings, sayings, deeds, and whatever he has approved or disapproved of. It is also something for which one is rewarded if done and not punished if not done

sūrah (pl. suwar) A chapter in the Qurān tabdīl al–māhiyah To affect fundamental change to the essence of something; i.e. it undergoes a complete change or metamorphosis ṭāhir (pl. aṭhār) Pure, clean

ṭahūr Pure, clean

tasmiyah To mention the Name of All āh on something or someone (e.g. when slaughtering) ṭay-yib (pl. ṭay-yibāt) [ṭay-yiban] All kinds of good, pure, clean, nutritious, healthy, wholesome and lawful foods which Almighty Allāh has made legal/lawful (ḥalāl) for humanity to consume ummah The Muslim community, society or nation

‘umrah A lesser pilgrimage than the ḥajj, which Muslims undertake to Makkah, Saudi Arabia

‘umūm balwā Being in difficulty; so it is either to involve the Muslim community to remove the difficulty or obstacle, or through one’s actions causing difficulties/obstacles for the Muslim community.

uṣūl al-fiqh Principles of Islāmic jurisprudence wadijān The two jugular veins

waḍ’u A requirement prior to the implementation of any Sharī’ah obligation, e.g. having ablution (wuḍū') at the time entering into prayer, is a requirement for a specific farḍ (obligatory) prayer to be valid.


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wājib A must or compulsory wallāhu ‘alam And Allāh knows best

zakāh An obligatory charity or tax (2.5%) on one’s wealth, which is due once in an Islāmic lunar year and one's wealth has reached the niṣāb (the minimum amount of property/wealth liable to payment of the zakāh tax); if it is done, one is rewarded, but if it is not done wilfully, it is punishable by Almighty Allāh ẓālim An oppressor or wrong-doer

zinā Committing adultery or fornication

Definitions

Contaminate / Cross-Contamination To make a ḥalāl product, substance, commodity or place dirty or impure and unclean by soiling or bringing it in contact with najis, the pig or its derivatives, or by adding a substance that is dangerous/harmful/toxic, or with that which carries disease.

Fowl The different kind of birds of the order galiformes. They are wild or domesticated birds and most common for us is the chicken.

Lair Specifically designed area at the slaughterhouse where animals/poultry are penned and housed prior to their slaughter.

Poultry Two-legged creatures of Almighty Allāh which has feathers and wings, that is not an animal, a fish, a reptile, an insect or a human being. For the purposes of this document, it refers to the sacrificial birds or fowl that are permitted by Sharī’ah to be slaughtered for Muslim consumption. These birds/fowl are: chicken, turkey and ostriches, amongst other birds/fowl.

Predatory It is commonly referred to the birds of prey or wild animals because “predatory” is characterized by plundering, pillaging and marauding; also to exploit and destroy someone something else for one’s own gain.


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Bibliography Bin Bāz, Abdul Azīz bin Abdullāh. 1433H/2012. The Protection of the Monotheism. Riyadh, Saudi Arabia: Ministry of Islāmic Affairs De Lourdes Pérez-Chabela, M and Guerrero Legarreta, I. 2001. Slaughtering and Processing Equipment. Mexico City, Mexico: Universidad Autonoma Metropolitana-Iztapalapa Mohamed Yasien and Muḥammad Haron.1989. First steps in Arabic Grammar. Pietermaritzburg, RSA: Natal Witness Printing and Publishing Company. Ḥalāl & Ḥarām. 2006. Consumers Association of Penang. 2006. Malaysia: Juta Print. pp.187-188

animal stunning / isl mic slaughter

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