The Ruling on an Animal Slaughtered by Electric Shock
All praise and thanks be to Allah, and may peace and blessings be upon the Messenger of Allah and upon his family and Companions. As for what follows:
The Permanent Committee studied the legal verdict which was published in the newspaper Al-Muslimun in issue no. 14 on the 21st of Sha'bban 1405 A. H. by His Eminence, Shaikh Yusuf Al- Qaradhawi, the text of which was:
"Meats imported from the lands of the People of the Scripture, such as chicken and canned or frozen beef, which might have been slaughtered by electric shock or the like are permissible for us, as long as they (i.e., the Jews and Christians) consider that it is permissible slaughter... etc."
I say: This verdict requires elucidation, bearing in mind that the Book (of Allah) and the Sunnah have proven that it is permissible to eat the food of the People of the Scripture, and that the food of disbelievers other than them is forbidden; Allah, Most High says:
"Made lawful to you this day are At-Tayyibat (all kinds of Halal (lawful) foods, which Allah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them."
This Verse is a clear evidence that the food of the People of the Scripture is permissible and they are the Jews and the Christians, and their food means their slaughtered animals. What is understood from it is evidence that the slaughtered animals of other disbelievers is forbidden. According to the scholars, exceptions from this include animals on which other than the Name of Allah has been invoked, because there is evidence for the prohibition of that on which other than the Name of Allah has been invoked, in the Words of Allah, Most High:
"Forbidden to you (for food) are: Al-Maitah (the dead animals -cattle-heast not slaughtered), blood, the flesh of swine, and that on which Allah's Name has not been mentioned while slaughtering (that which has been slaughtered as a sacrifice for others than Allah, or has been slaughtered for idols)."
As for that which is slaughtered in a manner other than the Islamic way, such as an animal which we know has died by electric shock, or by throttling or the like, it is considered to be from among the animals killed by a blow or one that is strangled, according to the circumstances whether it was done by the People of the scripture or the Muslims. When the manner of slaughter is not known, the basic principle is permissibility, whether it was slaughtered by the Muslims or by the People of the Scripture. An animal which was shocked or struck a blow and it was caught while it was alive, then slaughtered in accordance with the Islamic way, it is permissible. Allah, Most High says:
"Forbidden to you (for food) are: Al-Maitah (the dead animals cattle-beast not slaughtered), blood, the flesh of swine, and that on which Allah's Name has not been mentioned while slaughtering (that which has been slaughtered as a sacrifice for others than Allah, or has been slaughtered for idols) 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 An-Nusub (stone-altars). (Forbidden) also is to use arrows seeking luck or decision; (all) that is Fisqun (disobedience of Allah and sin).
This Verse proves the prohibition of eating an animal which has been killed by a violent blow, and one that has been killed by strangling. Included in the same ruling is the animal given an electric shock, if it dies before it is possible to slaughter it, and likewise the animal struck on the head or anywhere else that. dies before it can be slaughtered it is forbidden to eat it, according to the aforementioned Noble Verse.
According to what we have mentioned in the reply of Shaikh Yusuf may Allah grant him success it is clear that it is general.
As for the Jews and Christians deeming permissible the animal killed by strangling or electric shock, that does not make it permissible for us to eat them, just as it would not be even if some of the Muslims permitted it. Regard is only paid to what the pure Islamic Law has permitted or forbidden. And the fact that the Noble Verse has included their food does not mean that it is permissible to deduce that it is permissible to eat what the other Verse has proven to be forbidden, such as the strangled. animal, the animal killed by a blow and the like. Rather it is necessary to interpret the general in the light of that which is detailed, as this is the legal rule confirmed in the fundamentals (of Islamic Jurisprudence).
As for the Hadith of 'A'ishah, may Allah be pleased with her, which Shaikh Yusuf indicated, it concerns Muslim people who had newly embraced Islam, not disbelievers. So it is not permissible to cite it as evidence for the permissibility of eating the slaughtered animals of the disbelievers which the Islamic Law has proven to be forbidden. And this is the text of it: It is reported on the authority of 'A'ishah, may Allah be pleased with her, that a people said to the Prophet: "Our people come to us with meat and we do not know whether the Name of Allah was mentioned over it or not." He said:
"Pronounce His Name over it yourselves and eat it."
'A'ishah, may Allah be pleased with her, said: "And they had recently abandoned disbelief." (Narrated by Al-Bukhari)
Due to the obligation to advise, to explain and to cooperate with one another in virtue, righteousness and piety it (i.e. this reply) has been written.
And I ask Allah to grant success to His Eminence, Shaikh Yusuf and to all of the Muslims in reaching the truth in word and deed, for He is the Best One to ask.
May peace and blessings be upon our Prophet, Muhammad and upon His family and Companions.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 6 Pages 3252-253-254-255-256