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

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

 

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

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

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

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

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

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

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

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

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

General Iftaa` Department.

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Summarized Fatawaa

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them. 

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

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