Animal Rights Between Christianity and Islam
In the name of Allah, the Most Gracious, the Most Merciful.
There is no doubt, my dear reader, that when you look at the Holy Book, you will know for certain that it lacks
morality in its treatment of animals through its laws.
We will review some paragraphs from it so that you can judge what is stated in them, if not
with your mind, then with your heart... or your instinct.
The truth is that this is all you will need to judge these laws.
Then after that, we will come to Islam and look at Islam’s view of animals through
the Qur’an and the Noble Sunnah, and let us compare.
The truth is that the basis of comparison is that Christianity or the Bible deals with animals
and judges the relationship between man and them with ((dominion)) ..
It is stated in Genesis 1:26:
(And God said, Let us make man in our image, after our likeness; and let them have dominion over the fish of the sea and over the birds of the air and over the livestock and over all the earth and over every creeping thing that creeps upon the earth) .
As for Islam, the ultimate relationship is one of ((preference and honor) ) ..
We find in the Qur’an: Al-Isra (verse: 70):
{And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference} ..
And the preference is clear, for God preferred the children of Adam over all of His creatures with the blessing of reason, which is the basis of its responsibility..
Have you seen, my dear reader, how vast the difference is between the two views?!!
Let's go into more detail, and let's start first with:
((Animal Rights in Christianity))
We find in the Old Testament texts full of violence, cruelty and immorality towards animals,
the most horrific of which is what is stated in Exodus 34:19-20:
19 "Everyone who opens the womb is mine, and every firstborn male among your livestock, whether a bull or a sheep. 20 But the firstborn of a donkey you shall redeem with a sheep; but if you will not redeem it, you shall break its neck !!!
" Here, do we not have the right to ask: Why was the donkey treated for the sin of its owner?!
Then, can you sense - my dear reader - the selfishness that dominates the writer of these words,
let alone that he is God - God forbid?!!
More terrible than that is what came in Samuel 1:15:3-4
2 Thus says the Lord of hosts: I will surely punish what Amalek did to Israel when he stood in the way for them as they came up from Egypt. 3Now go and attack the Amalekites and utterly destroy all that they have. Do not spare them, but put to death man and woman, child and infant, ox and sheep, camel and donkey. What does
a donkey have to do with being ridden by an Amalekite or a Jew??!!!!
Moreover, the horrible thing here is that the donkey was not alone, unfortunately!!!
What was mentioned above is a carbon copy of the (scorched earth policy), which is the most heinous type of genocide
that is not limited to humans only, but includes everything in the stricken area
(Thus says the Lord of hosts) (This is not a barbaric individual act like the one carried out by the sons of David
in revenge for their sister, but in the words of the Lord of hosts .. (God is love!!!!) ..
Let us continue together.. and open with me Exodus 21: 28 - 32:
28 "And if an ox gores a man or a woman, and they die, the ox shall be stoned, and its flesh shall not be eaten. But the owner of the ox shall be blameless. 29But if the ox has been a goring ox before, and its owner has been testified against, and he has not restrained it, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. 30If A ransom is set upon him; whatever is set upon him he must pay to redeem his life. 31Or if he gores a son or a daughter, according
to this judgment shall it be done to him. 32If an ox gores a male or female servant, his master shall give thirty shekels of silver, and the ox shall be stoned. Anyone who contemplates this punishment finds it strange by all standards... Why??!!
- It is known that the goal of stoning is not torture in priority, but rather deterrence (preventing the recurrence of the crime).
Does this apply to goring oxen?
2- It was possible to simply slaughter The bull (and this is a natural thing for animals) and thus:
* The source of the problem is eliminated.
* Punishing its lazy owner.
* Distributing its meat to the people and thus compensating the community for the damages it has caused without torturing the bull, which will need hundreds of stones to kill it (each stone with a separate pain).
So you see - my dear reader - how this solution is more appropriate than the solution in the Holy Book,
which strongly supports that this speech or this legislation is not a law for it because there is a man-made law
that can replace it and yield better results than it. This also supports the statement of those who said that this
legislation is taken from the laws of ((Hammurabi)) who was born 400 years before ((Moses)) ..
And among these laws:
250If while an ox is passing on the street (market) some one push it, and kill it, the owner can set up no claim in the suit (against the hirer). 251. If an ox be a goring ox, and it shows that he is a gorer, and he does not bind his horns, or fasten the ox up, and the ox gore a free-born man and kill him, the owner
shall pay One-half a mina in money.
shall pay One-half a mina in money.
http://eawc.evansville.edu/anthology/hammurabi.htm
In the New Testament, the situation was supposed to improve a little, especially with the coming of
the Good Shepherd (who described those before him as thieves and robbers, John 10:7-8: 7 Then
Jesus said to them again, “Truly, truly, I say to you, I am the door of the sheep. 8 All who came before me are
thieves and robbers.”)
But this did not happen:
Matthew 8:28-32:
28And when he came to the other side into the country of the Gergesenes, there met him two demon-possessed men, coming out of the tombs, exceedingly furious, so that no one could pass that way. 29And behold, they cried out, saying, What have you to do with us, Jesus, thou Son of God? Art thou come hither to torment us before the time? 30Now there was a herd of many pigs feeding at a distance from them. 31Then the demons begged him, saying, “If you are going to cast us out, let us go into the herd of pigs.” 32“Go,” he said to them. So they went out and went to the herd of swine. And behold, the whole herd of swine had rushed down the steep bank into the sea and perished in the waters. 33But the herdsmen fled and went into the city and reported everything, including the demon-possessed.
And we may ask again: What was the sin of these swine?
Why did He not catch these evil spirits, as the disciples were taught, by catching people instead of fish?
The idea that Christ was hiding his divinity from Satan and the devils *** is a funny idea ***
regardless of whether it is appropriate for God to fear for his plan, here this justification is not suitable
((because it has already been revealed as evidenced by the madmen’s saying, “Jesus, son of God”))
Islam’s view of animals: *
Islam looks at the animal world in general with a realistic view based on its importance in life and its benefit to man, and its cooperation with man in building the universe and the continuation of life. Hence, animals fill the ears and eyes in many areas of Islamic thought and legislation, and there is no better evidence of this than the fact that God has given titles to several chapters in the Holy Qur’an from the names of animals, such as Surat Al-Baqarah, Al-An’am, Al-Nahl, Al-Naml, Al-Ankabut, and Al-Fil.
The Qur’an then returns to state the honoring of animals, and to clarify their status, and to determine their position alongside man. After God explained in Surat An-Nahl His power in creating the heavens and the earth, and His power in creating man, He followed that up by saying:{And the grazing livestock He has created for you; in them you have warmth and [numerous] benefits, and from them you eat. And for you there is adornment in them when you drive them back [to their former habitations] and when you send them out to pasture. And they carry your loads to a land you could not have reached except with great difficulty. Indeed, your Lord is Kind and Merciful. And the horses, mules, donkeys, {That you may ride them and as an adornment, and He creates what you do not know.
The jurists and commentators have deduced the following from these four verses of Surat An-Nahl:
First: That the animal is closely connected to man, closely related to him, and close in location to him, and from here the animal has a sanctity and a pledge from man.(Al-Qurtubi 10/69).
Second: That the most honorable bodies in the lower world - after man - are all animals, because they are distinguished by the honorable powers, which are the apparent and hidden senses, desire, and anger(Al-Razi 19/227).
Third: Allah - the Almighty - intended through these verses to distance man from looking at animals with a narrow view that is only related to the material aspect related to food, transportation, clothing and warmth. He expanded his view of them, indicating that animals have a spiritual aspect and aesthetic qualities that require kindness in dealing with them, kindness in companionship, and approaching them with love and pride. He said: {And for you there is beauty in them when you drive them back and when you send them out to pasture}, and He said:{That you may ride them and as an adornment}.
Al-Razi said (19/228): “And know that the reason for beautifying them is that when the shepherd takes them out in the evening and lets them out in the morning, the courtyards are adorned when they are driven back and let out, and their bleating and roaring respond to them, and their owners are happy, and their impact on people is great because they own them.
Al-Qurtubi (10/70) said:“The beauty of livestock and beasts is part of the beauty of creation, and it is visible to the eyes and in agreement with the insights. Part of their beauty is their abundance and people say when they see them: These are the livestock of so-and-so. And because when they go out, their beauty is abundant, their status is great, and hearts are attached to them.
Fourth: Mentioning some animals by name in these verses does not mean that others are not like that. Rather, they are mentioned as an example, not as an exhaustive list, as evidenced by His statement:{And He creates what you do not know.
Al-Razi says in his interpretation of this (19/231):“Because their types, kinds, and divisions are many and beyond limit and enumeration, so it was best to mention them in general terms, as Allah the Most High mentioned in this verse.
” Islam’s praise of some animals:
Islam has linked the obligation of treating some animals kindly to their moral benefits and good qualities, and has made kindness to them obligatory for that reason. This includes what was narrated by Al-Bukhari, Muslim and others from the hadith of Abdullah ibn Umar, that the Prophet (peace and blessings of Allah be upon him) said: “Goodness is tied to the forelocks of horses until the Day of Resurrection .” In the narration of Ibn Idris from Hisain in this hadith, there is an addition in his saying (peace and blessings of Allah be upon him) : “Camels are a source of pride for their owners, and sheep are a blessing.” Al-Barqani included it in his Mustakhraj, and Al-Hamidi pointed it out, and Ibn Hajar transmitted it (Fath Al-Bari 6/395).
Al-Nasa’i narrated from Zaid ibn Khalid Al-Juhani from the Messenger of Allah (peace and blessings of Allah be upon him) that he said: “Do not curse the rooster, for it wakes one up for prayer .” It was also narrated by Abu Dawud and Ibn Hibban in his Sahih, except that he said: “For it calls one to prayer,” as Al-Mundhiri transmitted it (5/133).
Kindness to animals is an act of worship to Allah:
There are many texts that indicate that kindness and gentleness to animals is an act of worship that can sometimes reach the highest levels of reward and the strongest reasons for forgiveness. This includes the hadith of Abu Hurairah on the authority of the Messenger of Allah, may Allah bless him and grant him peace: “While a man was walking on a road, the heat became intense. He found a well, so he went down into it and drank. Then he came out and saw a dog panting and eating dirt from thirst. The man said: This dog has become as thirsty as I was. So he went down into the well, filled his shoe with water, then held it in his mouth until he climbed up and gave the dog water to drink. Allah thanked him for that and forgave him. They said: O Messenger of Allah, do we have a reward for animals? He said: For every moist liver there is a reward.” Narrated by Malik, Al-Bukhari, Muslim, Abu Dawud, and Ibn Hibban in his Sahih, except that he said: “So Allah thanked him and admitted him to Paradise . ”
Muslim narrated on the authority of Abu Bakr ibn Abi Shaybah on the authority of Abu Hurayrah that the Messenger of Allah, may Allah bless him and grant him peace, said: “A prostitute saw a dog on a hot day circling a well, its tongue hanging out from thirst, so she drew water for it with her shoe, and was forgiven.” Allah forgave this prostitute her sins because of what she did in giving water to this dog.
On the authority of Abdullah ibn Amr that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said: I draw water from my cistern until I fill it to urinate, and then a camel belonging to someone else returns to me and I give it water to drink. Is there any reward for that? The Messenger of Allah, may Allah bless him and grant him peace, said: “Indeed, there is a reward for every living thing.” Narrated by Ahmad, and its narrators are trustworthy and well-known.
On the authority of Mahmud ibn al-Rabi’ that Suraqah ibn Ju’tham said: O Messenger of Allah, a lost animal comes to my cistern, is there any reward for me if I give it water to drink? He said: “Give it water, for in every living creature there is a reward.” Narrated by Ibn Hibban in his Sahih, and narrated by Ibn Majah and Al-Bayhaqi.
Al-Bukhari and Muslim narrated on the authority of Abdullah bin Maslama from the hadith of Abu Hurayrah that the Messenger of Allah, may Allah bless him and grant him peace, said: “Horses are for three: for a man they are a reward, for a man they are a cover, and for a man they are a burden. As for the one who has a reward, it is a man who tethers them in the way of Allah and they spend a long time in a meadow or garden, and whatever they find in the meadow or garden in pursuit of that, they will have good deeds for him. If they cut their path and reach a high place or two, their watering and their tracks will be good deeds for him. If they pass by a river and drink from it and he does not want to give them water, that will be good deeds for him.” The hadith.
Mistreating animals is a sin against Allah:
To the same extent that Islamic law has elevated kindness and gentleness towards animals to the highest levels of worship, it has elevated abuse and torture of animals to the deepest levels of sin and disobedience. In this regard, the Messenger of Allah (blessings and peace of Allah be upon him) said, as narrated by Al-Bukhari and Muslim: “A woman was punished because of a cat that she did not feed or give water to, nor did she let it eat from the vermin of the earth .” Al-Bukhari narrated on the authority of Asma’ bint Abi Bakr that the Prophet (blessings and peace of Allah be upon him) said: “The Fire came close to me until I said: ‘O Lord, I am with them. ’ Then there was a woman. I thought he had said: ‘A cat scratched her. ’ He said: ‘What is wrong with her? ’ They said: ‘She kept her until she died of hunger. ’” Al-Nawawi said in his explanation of this hadith from Muslim (9/89): “The woman was a Muslim and she entered the Fire because of it. This sin is not a small one, but rather it became a major one because of her persistence . ”
Islam has forbidden the torture of animals and cursed those who disobey for their disobedience. Muslim narrated on the authority of Ibn Abbas that the Prophet, may God bless him and grant him peace, passed by a donkey that had been branded on its face and said: “May God curse the one who branded it.” In another narration of his: “The Messenger of God, may God bless him and grant him peace, forbade striking the face and branding the face .” Al-Tabarani narrated it with a good, abbreviated chain of transmission: “The Messenger of God, may God bless him and grant him peace, cursed the one who branded the face.” Al-Tabarani also narrated on the authority of Junada bin Jarad, one of the Banu Ghailan bin Junada, who said: I came to the Prophet, may God bless him and grant him peace, with camels that had been branded on their noses. The Messenger of God said: “O Junada, you did not find a part of your body to brand except the face. You have retaliation before you.” He said: “You have to do it, O Messenger of God.”
On the authority of Jabir ibn Abdullah, he said: A donkey passed by the Messenger of Allah, may Allah bless him and grant him peace, with its face branded and its nostrils gushing with blood. The Messenger of Allah, may Allah bless him and grant him peace, said: “May Allah curse whoever does this.” Then he forbade branding the face and striking the face. Narrated by al-Tirmidhi in an abridged form and authenticated by him. There are many hadiths forbidding branding the face.
Islamic law has forbidden the tying of animals – that is, keeping them locked up to be thrown away until they die – just as it has forbidden mutilation – which is cutting off the limbs of an animal. It was narrated on the authority of Ibn Umar that he said: “The Prophet, may Allah bless him and grant him peace, forbade the tying of an animal or anything else for the purpose of killing . ”
Al-Bukhari and Muslim narrated on the authority of al-Minhal on the authority of Abdullah ibn Umar that he said: “The Prophet, may Allah bless him and grant him peace, cursed whoever mutilates an animal.” Al-Asqalani said in his commentary on Sahih al-Bukhari (8/84): “Cursing is one of the signs of prohibition, as is clear.”
Al-Uqaili said: “There are good hadiths prohibiting the tying of animals .” Ibn Hajar said (Fath Al-Bari 12/65): “In these hadiths there is a prohibition on torturing animals.” Prohibition requires punishment, and punishment is an effect of the crime. This means that abusing and torturing an animal and not being kind to it is considered a crime in the view of Islamic law. The prohibition on castrating animals was mentioned, as stated in Sharh Ma’ani al-Athar by al-Tahawi from the hadith of Abdullah ibn Umar that the Messenger of God, may God bless him and grant him peace, forbade castrating camels, cows, sheep, and horses. If necessity calls for this in the case of an animal whose bite is feared and another way is found to prevent its harm other than castration, then there is no disagreement on the prohibition of castration in that case, because it is torture.
Prohibition of types of behavior with animals:
Among the arts that are prevalent here and there are those that can only be done by torturing animals by enticing some of them against others and provoking them, such as bullfighting, cockfighting, ram fighting, and the like, or setting them up as targets for shooting and hunting, or killing them without benefit or advantage, or exhausting them with hard work. Islamic law has considered this a forbidden act that deserves punishment. It was narrated on the authority of Ibn Abbas that he said: “The Messenger of Allah, may Allah bless him and grant him peace, forbade inciting animals between people.” Narrated by Abu Dawud and al-Tirmidhi in a continuous chain of transmission and without a chain of transmission on the authority of Mujahid. He said in the chain of transmission: It is more authentic.
It was narrated on the authority of Abd al-Rahman ibn Abdullah ibn Umar ibn al-Khattab on the authority of his father who said: We were with the Prophet, may God bless him and grant him peace, on a journey. He set out to relieve himself, and we saw a red bird with two chicks. We took her chicks, and the red bird came and began to nest. When the Messenger of God, may God bless him and grant him peace, came, he said: “Who has bereaved this bird of its young? Return her young to her.” And on the authority of al-Sharid who said: I heard the Messenger of God, may God bless him and grant him peace, say: “Whoever kills a bird in vain, it will cry out to God on the Day of Resurrection, saying: ‘O Lord, so-and-so killed me in vain and did not kill me for any benefit.’” Narrated by al-Nasa’i and Ibn Hibban in his Sahih.
And on the authority of Ibn Umar that he passed by some young men from Quraysh who were shooting birds or chickens at each other, and they had given the owner of the bird every missed arrow from their arrows to him. When they saw Ibn Umar, they dispersed. Ibn Umar said: Who did this? May God curse whoever did this. The Messenger of God, may God bless him and grant him peace, “cursed whoever takes something with a soul as a target.” Narrated by al-Bukhari and Muslim.
Al-San’ani said in Subul al-Salam (4/86) after he mentioned this hadith with the wording of Muslim: “The hadith forbade making an animal a target to be shot at, and the prohibition is for the sake of prohibition because it is its origin, and it is supported by the strength of the hadith ‘May Allah curse whoever does this’ . The reason for the prohibition is that it causes pain to the animal.
And from being kind to animals is to avoid harming them in their bodies and slapping them in the face. It was narrated on the authority of al-Miqdad ibn Ma’dikarib that he said: I heard the Messenger of Allah, may Allah bless him and grant him peace, ‘forbidding slapping the cheeks of animals.’ And in Sahih Muslim: A woman was riding a camel and it became frightened, so she cursed it. The Messenger of Allah, may Allah bless him and grant him peace, heard that and ordered that the camel be stripped of what was on it and sent away, as a punishment for its owner.
Prohibition of abuse in using one’s right with an animal:
If Allah, the Most High, has permitted man to use his right to benefit from an animal, then He has stipulated that it be done in a lawful manner. If there is some abuse in it, then the prohibition of it has been mentioned in many texts, including the following: -
First: Abuse in using one’s right Slaughtering:
Islam has given man the right to slaughter an animal that is eaten to enjoy its good meat, but it has commanded that it be slaughtered with kindness. The Messenger of Allah, may Allah bless him and grant him peace, said: “When you slaughter, slaughter it well. Let one of you sharpen his blade and let his slaughtered animal be at ease.”
Islamic jurists have set etiquettes for slaughtering an animal that is eaten, based on the principles of kindness to animals. The Commander of the Faithful, Omar, said: “It is kindness to the slaughtered animal that you do not drag the slaughtered animal to the one who slaughters it . ”
Rabia al-Ra’i said: “It is kindness that you do not slaughter one animal while another is looking at it.”
The jurists decided that the slaughterer should not sharpen his blade in front of the animal being slaughtered, and should not violently throw it down. On the authority of Ibn Abbas, a man laid a sheep down while sharpening his blade, so the Prophet, may God bless him and grant him peace, said, “Do you want to kill it twice? Why didn’t you sharpen your blade before you laid it down?”It was narrated by At-Tabarani in Al-Kabeer and Al-Awsat, and Al-Hakim with this wording, who said: It is authentic according to the conditions of Al-Bukhari. It was narrated on the
authority of Muawiyah bin Murrah, on the authority of his father, that a man said: O Messenger of Allah, I feel pity for a sheep when I slaughter it. He said: If you have pity on it, Allah will have pity on you. Narrated by Al-Hakim, who said: Its chain of transmission is authentic. It was narrated on
the authority of Al-Wahin bin Ata’, who said: A butcher opened the door on a sheep to slaughter it, but it escaped from him, so he followed it and began to drag it by its leg. The Messenger of Allah, may Allah bless him and grant him peace, said: O Butcher, drive it gently. Narrated by Abd Al-Razzaq in his Musannaf. It was narrated
on the authority of Ibn Sirin that Umar, may Allah be pleased with him, saw a man dragging a sheep by its leg to slaughter it, so he said to him: Woe to you, drive it to death in a beautiful way . Also narrated by Abd Al-Razzaq.
Second: Abuse of the right to kill:
Islam has permitted the killing of harmful animals, such as rabid dogs, poisonous snakes, and destructive mice, and the like, but it has commanded that they be killed in a good manner. The Messenger of God, may God bless him and grant him peace, said : “God has prescribed goodness in all things, so if you kill, kill in a good manner.” It is well known that killing is used for animals that are not eaten, unlike slaughtering, which is used for animals that are eaten.
On the authority of Ibn Masoud, he said: We were with the Messenger of God, may God bless him and grant him peace, on a journey, and he saw an ant village that we had burned, so he said: “Who burned this?” We said: We are. He said: “None should be punished with fire except the Lord of the Worlds.” Narrated by Abu Dawud.
The Messenger of Allah ordered the killing of the “wazagh,” which is a large poisonous leprous snake, but he ordered that it be killed kindly, by killing it with one strike rather than torturing it with multiple strikes. Abu Hurairah said: The Messenger of Allah, may Allah bless him and grant him peace, said: “Whoever kills a wazagh with the first strike will have such and such good deeds, and whoever kills it with the second strike will have such and such good deeds less than the first good deed, and whoever kills it with the third strike will have such and such good deeds less than the second good deed.” Narrated by Muslim, Abu Dawud, al-Tirmidhi and Ibn Majah. In a narration by Muslim : “Whoever kills a wazagh with the first strike will have one hundred good deeds recorded for him, and less than that for the second, and less than that for the third . ”
In the hadith about giving water to a panting dog, the commentators said: It indicates the obligation to be kind to a harmful animal that is commanded to be killed. Islam commanded the killing of a rabid dog, but it rewarded the one who gave it water from the well with the highest degree of reward, and admitted him into Paradise. There is no contradiction between the command to kill it and the command to be kind to it, in compliance with the hadith: “So if you kill, kill in the best way.”
Third: Abuse of the right to ride:
God has subjected animals to transport humans from one place, as stated in His Almighty’s saying: {That you may ride them and as an adornment}. However, this right is not absolute, but rather Islamic law has restricted it with restrictions that are all based on the principle of kindness to animals, being kind to them, and observing their rights.
Among the rights of animals in this regard are:
1
- That they be given the opportunity to graze and rest during a long journey. Al-Bukhari and Muslim narrated through various chains of transmission on the authority of Abu Hurayrah that the Messenger of God, may God bless him and grant him peace, said: “If you travel in a fertile land, give the camels their share of the land.” Al-Nawawi said in his explanation of this hadith in Muslim (8/128):"The meaning of the hadith is to encourage kindness to animals and to take care of their interests. If they travel in fertile areas, they should shorten their pace and let them graze during some of the day and during the journey, so that they can take their share of the land with what they graze ." The beginning of this hadith, narrated by Malik, states: "Allah is gentle and loves gentleness . "
2- It is the right of an animal prepared for riding that three people should not ride on it at the same time. Al-Tabarani narrated in Al-Awsat on the authority of Jabir, who said: "The Messenger of Allah, may Allah bless him and grant him peace, forbade three people to ride on an animal." In the narration of Abu Saeed: "No one should ride on an animal more than two people ." Ibn Abi Shaybah narrated from Mursal Zadan that he saw three people on a mule, so he said: "Let one of you get off, for the Messenger of Allah, may Allah bless him and grant him peace, cursed the third." Al-Tabarani narrated on the authority of Ali, who said: "If you see three people on an animal, stone them until one of them gets off . "
The jurists interpreted these texts as if the animal cannot handle the three, but if it can handle them, then it is permissible. Ibn Hajar said in Fath al-Bari (12/520): “What was reported regarding the warning of this applies to the case where the animal is unable to bear it, such as a donkey, for example, and vice versa, such as a camel or a mule.”
Al-Nawawi said in Sharh Muslim (9/135): “Our school of thought and the school of thought of all scholars is that it is permissible for three people to ride on an animal if it is able to bear it.” Judge Iyad reported that some of them forbade it absolutely, and Ibn Hajar said: “No one explicitly stated that it is permissible in the case of inability . ”
3_ It is forbidden in Islamic law for a rider to stand on an animal in a way that causes it pain. It was reported in Sunan Abi Dawud that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Beware of using the backs of your animals as pulpits, for Allah has only subjected them to you so that they may take you to a land that you would not have reached except with great difficulty.”
4_ It is not permissible to ride on something that was not created for riding, such as a cow. Judge Abu Bakr Ibn Al-Arabi said: “There is no disagreement that it is not permissible to carry loads on cows. Many scholars have said that the prohibition on riding them is due to the fact that they are not strong enough to ride. They are only used for what they can handle, such as tilling the land and watering the crops.”
5_ It is not permissible for the reins of the animal to harm it. It was reported in Sahih that the Messenger of Allah, may Allah bless him and grant him peace, said: “No necklace of string should remain on the neck of a camel except that it should be cut off.” Some scholars interpreted the hadith in a manner of mercy towards animals and said: He ordered that necklaces be cut off the necks of animals for fear that the animal might choke on them when running hard, because they would constrict its breathing, and out of dislike for it to get caught in a tree, choking it or preventing it from continuing on its path.
Fourth: Abuse of the right to load:
Islamic law forbids mistreating animals by overloading them with loads they cannot bear. The noble companions knew that whoever overloads an animal with more than it can bear will be held accountable for that on the Day of Resurrection. It was narrated on the authority of Abu Darda that he said to his camel when it was dying: “O camel, do not argue with me before your Lord, for I did not load you with more than you could bear . ” And on the authority
of Abdullah bin Jaafar, he said:One day, the Messenger of Allah (may Allah's peace and blessings be upon him) had me ride behind him. He entered a garden belonging to a man from the Ansar, and there was a camel in it. When he saw the Prophet (may Allah's peace and blessings be upon him), he moaned and his eyes welled up with tears. The Messenger of Allah (may Allah's peace and blessings be upon him) came to him and stroked his hooves, and he remained silent. He then said: "Who owns this camel? Who owns this camel?" A young man from the Ansar came and said: "It belongs to me, O Messenger of Allah." He said: "Do you not fear Allah regarding this animal that Allah has given you control over? It complained to me that you starve it and overwork it." That is, you work it constantly. Narrated by Ahmad and Abu Dawud.
Ahmad also narrated a long hadith on the authority of Yahya ibn Murrah, in which he said: “I was sitting with him - meaning with the Prophet - one day when a camel came trotting until its hump struck in front of him. He said: ‘Woe to you! Whose camel is this? It has something to do with it.’ So I went out to look for its owner, and I found that it belonged to a man from the Ansar, so I called him to it. He said: ‘What is the matter with your camel?’ He said: ‘What is the matter with it?’ By God, I do not know what is the matter with it. We worked on it and sprinkled water on it until it was unable to provide water for the thirsty. Last night we were ordered to slaughter it and divide its meat. He said: ‘Do not do that. Give it to me or sell it to me.’” Sahl ibn al-Hanzaliyyah said: The Messenger of God, may God bless him and grant him peace, passed by a camel whose back had stuck to its stomach, so he said: ‘Fear God with regard to these animals and ride them in a healthy manner.’” Narrated by Abu Dawud and Ibn Khuzaymah, except that he said: “It has stuck to its back . ”
If the Shariah has forbidden riding an animal that was not created for riding, it has also forbidden carrying loads on an animal that was not created for carrying, such as cows, for example. In Sahih Muslim, on the authority of Abu Hurayrah, he said: The Messenger of Allah, may Allah bless him and grant him peace, said: “While a man was leading his cow that had been loaded, the cow turned to him and said: I was not created for this, but I was only created for cultivation.” Al-Qurtubi said in Al-Jami’ (10/72), commenting: “This hadith indicates that a cow is not to be loaded or ridden.” He also says in his interpretation of the words of Allah, the Most High: {And carry your loads} : “In this verse is evidence of the permissibility of traveling with animals and carrying loads on them, but only to the extent that they can bear, without being excessive in the load and walking gently.”
Abu Dawood narrated on the authority of Al-Musayyab bin Adam who said: I saw Omar bin Al-Khattab, may God be pleased with him, hitting a camel driver and he said: Are you loading your camel with more than it can bear? .
Jurisprudential rulings that determine the rights of animals:
Islamic jurisprudence books are full of rulings related to preserving the rights of animals, and they are many and there is no room to mention them in this brief article. Among them is what the jurists decided regarding the obligation to water and feed the animal. If the owner of the animal is negligent in this, the judge will force him to do so. If he does not provide the animal with what he is required to do in terms of good feeding and watering it, the judge will sell it and will not leave it in the hands of its owner to suffer.
Judge Abu Ya’la says in his book (Al-Ahkam Al-Sultaniyyah, p. 305): “If there is someone among the livestock who uses it for something that it cannot bear to do all the time, the muhtasib will deny it and prevent him from doing it, even if there is no one willing to do so. If the owner claims that the animal can bear the burden of what he is using it for, the muhtasib may think about it, because even if it requires ijtihad, it is customary.” It is referred to the custom and traditions of people, not to legal reasoning.”
In Al-Bazzaziyah Fatwas (6/370), it states:“The chosen opinion is that if an ant starts causing harm, there is nothing wrong with killing it, otherwise it is disliked, and throwing it into water is absolutely disliked,” because it is unjustified torture, “and killing a louse is not disliked, and burning it and burning a scorpion with fire is disliked.” And if a cat is harmful, it should not be beaten or its ear should be scratched, but rather it should be slaughtered with a sharp knife.
Al-Nuwayri says in Nihayat al-Arab (9/258): “And they heard some of the commentators say regarding the words of Allah the Almighty: {And those in whose wealth is a recognized right for the beggar and the deprived} that the deprived is the dog.”
Al-San’ani said in Subul al-Salam (1/232) after the hadith of the woman who entered Hell because of a cat she had locked up: “The hadith is evidence of the prohibition of killing a cat because there is no punishment except for a forbidden act.”
And there are countless such rulings in the books of Islamic jurisprudence.
Muslims have reached an almost extreme level of kindness to animals, to the point that Adi bin Hatim used to break bread for ants and say: They are neighbors and they have a right, as narrated by Al-Nawawi in Tahdhib Al-Asma.
Imam Abu Ishaq Al-Shirazi was walking on a road accompanied by some of his companions, when a dog appeared to them. Imam Abu Ishaq’s companion rebuked it, but the Imam forbade it and said: Didn’t you know that the road between me and it is shared?
There are many examples of this in our heritage, and the motivation for all of this was the strong desire to apply the provisions of Islamic law in letter and spirit.
Now, my dear reader... What a great difference there is between the two views!!!
Islam looks at the animal world in general with a realistic view based on its importance in life and its benefit to man, and its cooperation with man in building the universe and the continuation of life. Hence, animals fill the ears and eyes in many areas of Islamic thought and legislation, and there is no better evidence of this than the fact that God has given titles to several chapters in the Holy Qur’an from the names of animals, such as Surat Al-Baqarah, Al-An’am, Al-Nahl, Al-Naml, Al-Ankabut, and Al-Fil.
The Qur’an then returns to state the honoring of animals, and to clarify their status, and to determine their position alongside man. After God explained in Surat An-Nahl His power in creating the heavens and the earth, and His power in creating man, He followed that up by saying:{And the grazing livestock He has created for you; in them you have warmth and [numerous] benefits, and from them you eat. And for you there is adornment in them when you drive them back [to their former habitations] and when you send them out to pasture. And they carry your loads to a land you could not have reached except with great difficulty. Indeed, your Lord is Kind and Merciful. And the horses, mules, donkeys, {That you may ride them and as an adornment, and He creates what you do not know.
The jurists and commentators have deduced the following from these four verses of Surat An-Nahl:
First: That the animal is closely connected to man, closely related to him, and close in location to him, and from here the animal has a sanctity and a pledge from man.(Al-Qurtubi 10/69).
Second: That the most honorable bodies in the lower world - after man - are all animals, because they are distinguished by the honorable powers, which are the apparent and hidden senses, desire, and anger(Al-Razi 19/227).
Third: Allah - the Almighty - intended through these verses to distance man from looking at animals with a narrow view that is only related to the material aspect related to food, transportation, clothing and warmth. He expanded his view of them, indicating that animals have a spiritual aspect and aesthetic qualities that require kindness in dealing with them, kindness in companionship, and approaching them with love and pride. He said: {And for you there is beauty in them when you drive them back and when you send them out to pasture}, and He said:{That you may ride them and as an adornment}.
Al-Razi said (19/228): “And know that the reason for beautifying them is that when the shepherd takes them out in the evening and lets them out in the morning, the courtyards are adorned when they are driven back and let out, and their bleating and roaring respond to them, and their owners are happy, and their impact on people is great because they own them.
Al-Qurtubi (10/70) said:“The beauty of livestock and beasts is part of the beauty of creation, and it is visible to the eyes and in agreement with the insights. Part of their beauty is their abundance and people say when they see them: These are the livestock of so-and-so. And because when they go out, their beauty is abundant, their status is great, and hearts are attached to them.
Fourth: Mentioning some animals by name in these verses does not mean that others are not like that. Rather, they are mentioned as an example, not as an exhaustive list, as evidenced by His statement:{And He creates what you do not know.
Al-Razi says in his interpretation of this (19/231):“Because their types, kinds, and divisions are many and beyond limit and enumeration, so it was best to mention them in general terms, as Allah the Most High mentioned in this verse.
” Islam’s praise of some animals:
Islam has linked the obligation of treating some animals kindly to their moral benefits and good qualities, and has made kindness to them obligatory for that reason. This includes what was narrated by Al-Bukhari, Muslim and others from the hadith of Abdullah ibn Umar, that the Prophet (peace and blessings of Allah be upon him) said: “Goodness is tied to the forelocks of horses until the Day of Resurrection .” In the narration of Ibn Idris from Hisain in this hadith, there is an addition in his saying (peace and blessings of Allah be upon him) : “Camels are a source of pride for their owners, and sheep are a blessing.” Al-Barqani included it in his Mustakhraj, and Al-Hamidi pointed it out, and Ibn Hajar transmitted it (Fath Al-Bari 6/395).
Al-Nasa’i narrated from Zaid ibn Khalid Al-Juhani from the Messenger of Allah (peace and blessings of Allah be upon him) that he said: “Do not curse the rooster, for it wakes one up for prayer .” It was also narrated by Abu Dawud and Ibn Hibban in his Sahih, except that he said: “For it calls one to prayer,” as Al-Mundhiri transmitted it (5/133).
Kindness to animals is an act of worship to Allah:
There are many texts that indicate that kindness and gentleness to animals is an act of worship that can sometimes reach the highest levels of reward and the strongest reasons for forgiveness. This includes the hadith of Abu Hurairah on the authority of the Messenger of Allah, may Allah bless him and grant him peace: “While a man was walking on a road, the heat became intense. He found a well, so he went down into it and drank. Then he came out and saw a dog panting and eating dirt from thirst. The man said: This dog has become as thirsty as I was. So he went down into the well, filled his shoe with water, then held it in his mouth until he climbed up and gave the dog water to drink. Allah thanked him for that and forgave him. They said: O Messenger of Allah, do we have a reward for animals? He said: For every moist liver there is a reward.” Narrated by Malik, Al-Bukhari, Muslim, Abu Dawud, and Ibn Hibban in his Sahih, except that he said: “So Allah thanked him and admitted him to Paradise . ”
Muslim narrated on the authority of Abu Bakr ibn Abi Shaybah on the authority of Abu Hurayrah that the Messenger of Allah, may Allah bless him and grant him peace, said: “A prostitute saw a dog on a hot day circling a well, its tongue hanging out from thirst, so she drew water for it with her shoe, and was forgiven.” Allah forgave this prostitute her sins because of what she did in giving water to this dog.
On the authority of Abdullah ibn Amr that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said: I draw water from my cistern until I fill it to urinate, and then a camel belonging to someone else returns to me and I give it water to drink. Is there any reward for that? The Messenger of Allah, may Allah bless him and grant him peace, said: “Indeed, there is a reward for every living thing.” Narrated by Ahmad, and its narrators are trustworthy and well-known.
On the authority of Mahmud ibn al-Rabi’ that Suraqah ibn Ju’tham said: O Messenger of Allah, a lost animal comes to my cistern, is there any reward for me if I give it water to drink? He said: “Give it water, for in every living creature there is a reward.” Narrated by Ibn Hibban in his Sahih, and narrated by Ibn Majah and Al-Bayhaqi.
Al-Bukhari and Muslim narrated on the authority of Abdullah bin Maslama from the hadith of Abu Hurayrah that the Messenger of Allah, may Allah bless him and grant him peace, said: “Horses are for three: for a man they are a reward, for a man they are a cover, and for a man they are a burden. As for the one who has a reward, it is a man who tethers them in the way of Allah and they spend a long time in a meadow or garden, and whatever they find in the meadow or garden in pursuit of that, they will have good deeds for him. If they cut their path and reach a high place or two, their watering and their tracks will be good deeds for him. If they pass by a river and drink from it and he does not want to give them water, that will be good deeds for him.” The hadith.
Mistreating animals is a sin against Allah:
To the same extent that Islamic law has elevated kindness and gentleness towards animals to the highest levels of worship, it has elevated abuse and torture of animals to the deepest levels of sin and disobedience. In this regard, the Messenger of Allah (blessings and peace of Allah be upon him) said, as narrated by Al-Bukhari and Muslim: “A woman was punished because of a cat that she did not feed or give water to, nor did she let it eat from the vermin of the earth .” Al-Bukhari narrated on the authority of Asma’ bint Abi Bakr that the Prophet (blessings and peace of Allah be upon him) said: “The Fire came close to me until I said: ‘O Lord, I am with them. ’ Then there was a woman. I thought he had said: ‘A cat scratched her. ’ He said: ‘What is wrong with her? ’ They said: ‘She kept her until she died of hunger. ’” Al-Nawawi said in his explanation of this hadith from Muslim (9/89): “The woman was a Muslim and she entered the Fire because of it. This sin is not a small one, but rather it became a major one because of her persistence . ”
Islam has forbidden the torture of animals and cursed those who disobey for their disobedience. Muslim narrated on the authority of Ibn Abbas that the Prophet, may God bless him and grant him peace, passed by a donkey that had been branded on its face and said: “May God curse the one who branded it.” In another narration of his: “The Messenger of God, may God bless him and grant him peace, forbade striking the face and branding the face .” Al-Tabarani narrated it with a good, abbreviated chain of transmission: “The Messenger of God, may God bless him and grant him peace, cursed the one who branded the face.” Al-Tabarani also narrated on the authority of Junada bin Jarad, one of the Banu Ghailan bin Junada, who said: I came to the Prophet, may God bless him and grant him peace, with camels that had been branded on their noses. The Messenger of God said: “O Junada, you did not find a part of your body to brand except the face. You have retaliation before you.” He said: “You have to do it, O Messenger of God.”
On the authority of Jabir ibn Abdullah, he said: A donkey passed by the Messenger of Allah, may Allah bless him and grant him peace, with its face branded and its nostrils gushing with blood. The Messenger of Allah, may Allah bless him and grant him peace, said: “May Allah curse whoever does this.” Then he forbade branding the face and striking the face. Narrated by al-Tirmidhi in an abridged form and authenticated by him. There are many hadiths forbidding branding the face.
Islamic law has forbidden the tying of animals – that is, keeping them locked up to be thrown away until they die – just as it has forbidden mutilation – which is cutting off the limbs of an animal. It was narrated on the authority of Ibn Umar that he said: “The Prophet, may Allah bless him and grant him peace, forbade the tying of an animal or anything else for the purpose of killing . ”
Al-Bukhari and Muslim narrated on the authority of al-Minhal on the authority of Abdullah ibn Umar that he said: “The Prophet, may Allah bless him and grant him peace, cursed whoever mutilates an animal.” Al-Asqalani said in his commentary on Sahih al-Bukhari (8/84): “Cursing is one of the signs of prohibition, as is clear.”
Al-Uqaili said: “There are good hadiths prohibiting the tying of animals .” Ibn Hajar said (Fath Al-Bari 12/65): “In these hadiths there is a prohibition on torturing animals.” Prohibition requires punishment, and punishment is an effect of the crime. This means that abusing and torturing an animal and not being kind to it is considered a crime in the view of Islamic law. The prohibition on castrating animals was mentioned, as stated in Sharh Ma’ani al-Athar by al-Tahawi from the hadith of Abdullah ibn Umar that the Messenger of God, may God bless him and grant him peace, forbade castrating camels, cows, sheep, and horses. If necessity calls for this in the case of an animal whose bite is feared and another way is found to prevent its harm other than castration, then there is no disagreement on the prohibition of castration in that case, because it is torture.
Prohibition of types of behavior with animals:
Among the arts that are prevalent here and there are those that can only be done by torturing animals by enticing some of them against others and provoking them, such as bullfighting, cockfighting, ram fighting, and the like, or setting them up as targets for shooting and hunting, or killing them without benefit or advantage, or exhausting them with hard work. Islamic law has considered this a forbidden act that deserves punishment. It was narrated on the authority of Ibn Abbas that he said: “The Messenger of Allah, may Allah bless him and grant him peace, forbade inciting animals between people.” Narrated by Abu Dawud and al-Tirmidhi in a continuous chain of transmission and without a chain of transmission on the authority of Mujahid. He said in the chain of transmission: It is more authentic.
It was narrated on the authority of Abd al-Rahman ibn Abdullah ibn Umar ibn al-Khattab on the authority of his father who said: We were with the Prophet, may God bless him and grant him peace, on a journey. He set out to relieve himself, and we saw a red bird with two chicks. We took her chicks, and the red bird came and began to nest. When the Messenger of God, may God bless him and grant him peace, came, he said: “Who has bereaved this bird of its young? Return her young to her.” And on the authority of al-Sharid who said: I heard the Messenger of God, may God bless him and grant him peace, say: “Whoever kills a bird in vain, it will cry out to God on the Day of Resurrection, saying: ‘O Lord, so-and-so killed me in vain and did not kill me for any benefit.’” Narrated by al-Nasa’i and Ibn Hibban in his Sahih.
And on the authority of Ibn Umar that he passed by some young men from Quraysh who were shooting birds or chickens at each other, and they had given the owner of the bird every missed arrow from their arrows to him. When they saw Ibn Umar, they dispersed. Ibn Umar said: Who did this? May God curse whoever did this. The Messenger of God, may God bless him and grant him peace, “cursed whoever takes something with a soul as a target.” Narrated by al-Bukhari and Muslim.
Al-San’ani said in Subul al-Salam (4/86) after he mentioned this hadith with the wording of Muslim: “The hadith forbade making an animal a target to be shot at, and the prohibition is for the sake of prohibition because it is its origin, and it is supported by the strength of the hadith ‘May Allah curse whoever does this’ . The reason for the prohibition is that it causes pain to the animal.
And from being kind to animals is to avoid harming them in their bodies and slapping them in the face. It was narrated on the authority of al-Miqdad ibn Ma’dikarib that he said: I heard the Messenger of Allah, may Allah bless him and grant him peace, ‘forbidding slapping the cheeks of animals.’ And in Sahih Muslim: A woman was riding a camel and it became frightened, so she cursed it. The Messenger of Allah, may Allah bless him and grant him peace, heard that and ordered that the camel be stripped of what was on it and sent away, as a punishment for its owner.
Prohibition of abuse in using one’s right with an animal:
If Allah, the Most High, has permitted man to use his right to benefit from an animal, then He has stipulated that it be done in a lawful manner. If there is some abuse in it, then the prohibition of it has been mentioned in many texts, including the following: -
First: Abuse in using one’s right Slaughtering:
Islam has given man the right to slaughter an animal that is eaten to enjoy its good meat, but it has commanded that it be slaughtered with kindness. The Messenger of Allah, may Allah bless him and grant him peace, said: “When you slaughter, slaughter it well. Let one of you sharpen his blade and let his slaughtered animal be at ease.”
Islamic jurists have set etiquettes for slaughtering an animal that is eaten, based on the principles of kindness to animals. The Commander of the Faithful, Omar, said: “It is kindness to the slaughtered animal that you do not drag the slaughtered animal to the one who slaughters it . ”
Rabia al-Ra’i said: “It is kindness that you do not slaughter one animal while another is looking at it.”
The jurists decided that the slaughterer should not sharpen his blade in front of the animal being slaughtered, and should not violently throw it down. On the authority of Ibn Abbas, a man laid a sheep down while sharpening his blade, so the Prophet, may God bless him and grant him peace, said, “Do you want to kill it twice? Why didn’t you sharpen your blade before you laid it down?”It was narrated by At-Tabarani in Al-Kabeer and Al-Awsat, and Al-Hakim with this wording, who said: It is authentic according to the conditions of Al-Bukhari. It was narrated on the
authority of Muawiyah bin Murrah, on the authority of his father, that a man said: O Messenger of Allah, I feel pity for a sheep when I slaughter it. He said: If you have pity on it, Allah will have pity on you. Narrated by Al-Hakim, who said: Its chain of transmission is authentic. It was narrated on
the authority of Al-Wahin bin Ata’, who said: A butcher opened the door on a sheep to slaughter it, but it escaped from him, so he followed it and began to drag it by its leg. The Messenger of Allah, may Allah bless him and grant him peace, said: O Butcher, drive it gently. Narrated by Abd Al-Razzaq in his Musannaf. It was narrated
on the authority of Ibn Sirin that Umar, may Allah be pleased with him, saw a man dragging a sheep by its leg to slaughter it, so he said to him: Woe to you, drive it to death in a beautiful way . Also narrated by Abd Al-Razzaq.
Second: Abuse of the right to kill:
Islam has permitted the killing of harmful animals, such as rabid dogs, poisonous snakes, and destructive mice, and the like, but it has commanded that they be killed in a good manner. The Messenger of God, may God bless him and grant him peace, said : “God has prescribed goodness in all things, so if you kill, kill in a good manner.” It is well known that killing is used for animals that are not eaten, unlike slaughtering, which is used for animals that are eaten.
On the authority of Ibn Masoud, he said: We were with the Messenger of God, may God bless him and grant him peace, on a journey, and he saw an ant village that we had burned, so he said: “Who burned this?” We said: We are. He said: “None should be punished with fire except the Lord of the Worlds.” Narrated by Abu Dawud.
The Messenger of Allah ordered the killing of the “wazagh,” which is a large poisonous leprous snake, but he ordered that it be killed kindly, by killing it with one strike rather than torturing it with multiple strikes. Abu Hurairah said: The Messenger of Allah, may Allah bless him and grant him peace, said: “Whoever kills a wazagh with the first strike will have such and such good deeds, and whoever kills it with the second strike will have such and such good deeds less than the first good deed, and whoever kills it with the third strike will have such and such good deeds less than the second good deed.” Narrated by Muslim, Abu Dawud, al-Tirmidhi and Ibn Majah. In a narration by Muslim : “Whoever kills a wazagh with the first strike will have one hundred good deeds recorded for him, and less than that for the second, and less than that for the third . ”
In the hadith about giving water to a panting dog, the commentators said: It indicates the obligation to be kind to a harmful animal that is commanded to be killed. Islam commanded the killing of a rabid dog, but it rewarded the one who gave it water from the well with the highest degree of reward, and admitted him into Paradise. There is no contradiction between the command to kill it and the command to be kind to it, in compliance with the hadith: “So if you kill, kill in the best way.”
Third: Abuse of the right to ride:
God has subjected animals to transport humans from one place, as stated in His Almighty’s saying: {That you may ride them and as an adornment}. However, this right is not absolute, but rather Islamic law has restricted it with restrictions that are all based on the principle of kindness to animals, being kind to them, and observing their rights.
Among the rights of animals in this regard are:
1
- That they be given the opportunity to graze and rest during a long journey. Al-Bukhari and Muslim narrated through various chains of transmission on the authority of Abu Hurayrah that the Messenger of God, may God bless him and grant him peace, said: “If you travel in a fertile land, give the camels their share of the land.” Al-Nawawi said in his explanation of this hadith in Muslim (8/128):"The meaning of the hadith is to encourage kindness to animals and to take care of their interests. If they travel in fertile areas, they should shorten their pace and let them graze during some of the day and during the journey, so that they can take their share of the land with what they graze ." The beginning of this hadith, narrated by Malik, states: "Allah is gentle and loves gentleness . "
2- It is the right of an animal prepared for riding that three people should not ride on it at the same time. Al-Tabarani narrated in Al-Awsat on the authority of Jabir, who said: "The Messenger of Allah, may Allah bless him and grant him peace, forbade three people to ride on an animal." In the narration of Abu Saeed: "No one should ride on an animal more than two people ." Ibn Abi Shaybah narrated from Mursal Zadan that he saw three people on a mule, so he said: "Let one of you get off, for the Messenger of Allah, may Allah bless him and grant him peace, cursed the third." Al-Tabarani narrated on the authority of Ali, who said: "If you see three people on an animal, stone them until one of them gets off . "
The jurists interpreted these texts as if the animal cannot handle the three, but if it can handle them, then it is permissible. Ibn Hajar said in Fath al-Bari (12/520): “What was reported regarding the warning of this applies to the case where the animal is unable to bear it, such as a donkey, for example, and vice versa, such as a camel or a mule.”
Al-Nawawi said in Sharh Muslim (9/135): “Our school of thought and the school of thought of all scholars is that it is permissible for three people to ride on an animal if it is able to bear it.” Judge Iyad reported that some of them forbade it absolutely, and Ibn Hajar said: “No one explicitly stated that it is permissible in the case of inability . ”
3_ It is forbidden in Islamic law for a rider to stand on an animal in a way that causes it pain. It was reported in Sunan Abi Dawud that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Beware of using the backs of your animals as pulpits, for Allah has only subjected them to you so that they may take you to a land that you would not have reached except with great difficulty.”
4_ It is not permissible to ride on something that was not created for riding, such as a cow. Judge Abu Bakr Ibn Al-Arabi said: “There is no disagreement that it is not permissible to carry loads on cows. Many scholars have said that the prohibition on riding them is due to the fact that they are not strong enough to ride. They are only used for what they can handle, such as tilling the land and watering the crops.”
5_ It is not permissible for the reins of the animal to harm it. It was reported in Sahih that the Messenger of Allah, may Allah bless him and grant him peace, said: “No necklace of string should remain on the neck of a camel except that it should be cut off.” Some scholars interpreted the hadith in a manner of mercy towards animals and said: He ordered that necklaces be cut off the necks of animals for fear that the animal might choke on them when running hard, because they would constrict its breathing, and out of dislike for it to get caught in a tree, choking it or preventing it from continuing on its path.
Fourth: Abuse of the right to load:
Islamic law forbids mistreating animals by overloading them with loads they cannot bear. The noble companions knew that whoever overloads an animal with more than it can bear will be held accountable for that on the Day of Resurrection. It was narrated on the authority of Abu Darda that he said to his camel when it was dying: “O camel, do not argue with me before your Lord, for I did not load you with more than you could bear . ” And on the authority
of Abdullah bin Jaafar, he said:One day, the Messenger of Allah (may Allah's peace and blessings be upon him) had me ride behind him. He entered a garden belonging to a man from the Ansar, and there was a camel in it. When he saw the Prophet (may Allah's peace and blessings be upon him), he moaned and his eyes welled up with tears. The Messenger of Allah (may Allah's peace and blessings be upon him) came to him and stroked his hooves, and he remained silent. He then said: "Who owns this camel? Who owns this camel?" A young man from the Ansar came and said: "It belongs to me, O Messenger of Allah." He said: "Do you not fear Allah regarding this animal that Allah has given you control over? It complained to me that you starve it and overwork it." That is, you work it constantly. Narrated by Ahmad and Abu Dawud.
Ahmad also narrated a long hadith on the authority of Yahya ibn Murrah, in which he said: “I was sitting with him - meaning with the Prophet - one day when a camel came trotting until its hump struck in front of him. He said: ‘Woe to you! Whose camel is this? It has something to do with it.’ So I went out to look for its owner, and I found that it belonged to a man from the Ansar, so I called him to it. He said: ‘What is the matter with your camel?’ He said: ‘What is the matter with it?’ By God, I do not know what is the matter with it. We worked on it and sprinkled water on it until it was unable to provide water for the thirsty. Last night we were ordered to slaughter it and divide its meat. He said: ‘Do not do that. Give it to me or sell it to me.’” Sahl ibn al-Hanzaliyyah said: The Messenger of God, may God bless him and grant him peace, passed by a camel whose back had stuck to its stomach, so he said: ‘Fear God with regard to these animals and ride them in a healthy manner.’” Narrated by Abu Dawud and Ibn Khuzaymah, except that he said: “It has stuck to its back . ”
If the Shariah has forbidden riding an animal that was not created for riding, it has also forbidden carrying loads on an animal that was not created for carrying, such as cows, for example. In Sahih Muslim, on the authority of Abu Hurayrah, he said: The Messenger of Allah, may Allah bless him and grant him peace, said: “While a man was leading his cow that had been loaded, the cow turned to him and said: I was not created for this, but I was only created for cultivation.” Al-Qurtubi said in Al-Jami’ (10/72), commenting: “This hadith indicates that a cow is not to be loaded or ridden.” He also says in his interpretation of the words of Allah, the Most High: {And carry your loads} : “In this verse is evidence of the permissibility of traveling with animals and carrying loads on them, but only to the extent that they can bear, without being excessive in the load and walking gently.”
Abu Dawood narrated on the authority of Al-Musayyab bin Adam who said: I saw Omar bin Al-Khattab, may God be pleased with him, hitting a camel driver and he said: Are you loading your camel with more than it can bear? .
Jurisprudential rulings that determine the rights of animals:
Islamic jurisprudence books are full of rulings related to preserving the rights of animals, and they are many and there is no room to mention them in this brief article. Among them is what the jurists decided regarding the obligation to water and feed the animal. If the owner of the animal is negligent in this, the judge will force him to do so. If he does not provide the animal with what he is required to do in terms of good feeding and watering it, the judge will sell it and will not leave it in the hands of its owner to suffer.
Judge Abu Ya’la says in his book (Al-Ahkam Al-Sultaniyyah, p. 305): “If there is someone among the livestock who uses it for something that it cannot bear to do all the time, the muhtasib will deny it and prevent him from doing it, even if there is no one willing to do so. If the owner claims that the animal can bear the burden of what he is using it for, the muhtasib may think about it, because even if it requires ijtihad, it is customary.” It is referred to the custom and traditions of people, not to legal reasoning.”
In Al-Bazzaziyah Fatwas (6/370), it states:“The chosen opinion is that if an ant starts causing harm, there is nothing wrong with killing it, otherwise it is disliked, and throwing it into water is absolutely disliked,” because it is unjustified torture, “and killing a louse is not disliked, and burning it and burning a scorpion with fire is disliked.” And if a cat is harmful, it should not be beaten or its ear should be scratched, but rather it should be slaughtered with a sharp knife.
Al-Nuwayri says in Nihayat al-Arab (9/258): “And they heard some of the commentators say regarding the words of Allah the Almighty: {And those in whose wealth is a recognized right for the beggar and the deprived} that the deprived is the dog.”
Al-San’ani said in Subul al-Salam (1/232) after the hadith of the woman who entered Hell because of a cat she had locked up: “The hadith is evidence of the prohibition of killing a cat because there is no punishment except for a forbidden act.”
And there are countless such rulings in the books of Islamic jurisprudence.
Muslims have reached an almost extreme level of kindness to animals, to the point that Adi bin Hatim used to break bread for ants and say: They are neighbors and they have a right, as narrated by Al-Nawawi in Tahdhib Al-Asma.
Imam Abu Ishaq Al-Shirazi was walking on a road accompanied by some of his companions, when a dog appeared to them. Imam Abu Ishaq’s companion rebuked it, but the Imam forbade it and said: Didn’t you know that the road between me and it is shared?
There are many examples of this in our heritage, and the motivation for all of this was the strong desire to apply the provisions of Islamic law in letter and spirit.
Now, my dear reader... What a great difference there is between the two views!!!
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