Sunday 3 March 2013

The Horsemeat Scandal

In the name of God; The Most Merciful, Most Compassionate,


The horse meat scandal has provoked much discussion, so much so that I was asked was horse meat halal?

Horses in the Qur'an

The Qur'an's comprehensive verses on livestock read:

{And livestock––He created them too. You derive warmth and other benefits from them: you get food from them; you find beauty in them when you bring them home to rest and when you drive them out to pasture. They carry your loads to lands you yourselves could not reach without great hardship––truly your Lord is kind and merciful––horses, mules, and donkeys for you to ride and use for show, and other things you know nothing about. God points out the right path, for some paths lead the wrong way: if He wished, He could guide you all.} [16:5-9]

The verse identifies the purpose of a horse as a riding animal and an adornment, whilst identifying cattle as a food source amongst other uses.  In such a comprehensive discussion of livestock prohibition of the horse, mule and donkey is implied as they are not mentioned as a type of food source.

Horses in the Sunnah

There are many narrations that either suggest prohibition of horse meat or permissibility, such as:

Khalid ibn al-Walid (God be pleased with him) narrates that: "the Messenger of God (God bless him & give him peace) forbade the meat of horses, mules and donkeys." [Ahmad, Abu Dawud, Nasa'i and Ibn Majah]

Jabir (God be pleased with him) narrates: "The Prophet (God bless him & give him peace) prohibited the meat of domesticated donkey and he permitted the (eating of) horse meat on the day of Khaibar." [Bukhari and Muslim]

Scholarly views

Scholars have differed over the ruling of horse meat, but have generally considered it permissibility but with a preference to avoid it.

The foundational text Mukhtasar al Quduri, written by Abu'l Hassan al Quduri (d. 1036 CE) reads: "It is not permitted to eat the meat of the domestic donkey or [of] the mule, and it is disapproved to eat the meat of the horse according to Abu Hanifa, may God have mercy on him."

Both Abu Hanifa's students - who are considered his equals - Abu Yusuf and Muhammad Ash-Shaybani considered horse meat permissible.  From the other two schools Imam Malik agreed with Abu Hanifa and Imam Shafi'i agreed with the two students.

The argument to reconcile the evidences is that either the hadith prohibiting horsemeat are not of outright prohibition but of stressing that whilst permissible it is an abomination or that the hadith permitting horse meat abrogates the previous ruling.  Others argued that since there is no disagreement on the donkey and the horse is the same by analogy it too is prohibited, but owing to the clear contradiction of Jabir's narration during an extreme situation (the conflict at Khaibar) it is reduced to that of prohibitively disliked (makruh tahriman).

Conclusion

Providing horse meat is slaughtered according to Islamic Law - A Muslim, Jew or Christian mentions the name of God whilst slitting the throat (both jugular veins, windpipe and oesophagus) so that blood flows - then it is permissible to eat however it is religiously precautionary to avoid it.  Of course it is also scandalous in Islamic Law to be dishonest and call something beef when it has horse meat in it although it is not good etiquette to question or doubt the seller unless there is clear evidence to the contrary.

And God knows best

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