This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Hunting:
Many Arabs and other nations used to make a living through hunting, therefore the Quran and Sunnah have mentioned hunting with great emphasis. The jurists have dedicated specific chapters to explain in detail the permissible and forbidden, as well as the obligatory and recommended aspects of hunting. This detail became necessary because many animals and birds, whose meat is pure, are not under human control or dominion as they are unfamiliar with humans. Therefore, the condition set by Islam for slaughtering the throat and windpipe of familiar animals does not apply to these unfamiliar animals; rather, an easier method of slaughtering them has been prescribed. This is a concession and expansion in favor of humans. Islam has fully considered human natural needs, and the conditions imposed regarding hunting aim to ensure that a person submits to the belief and system of Islam, and just as a Muslim should adopt the color of Islam in every matter, in this matter too, he should fully adopt the color of Islam.
Some of these conditions relate to the hunter, some to the hunted, and some to the act of hunting itself.
These points pertain to land hunting, because regarding aquatic hunting, we have already stated that Allah Almighty has made all of it permissible without any restriction.
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ
“Aquatic game and its consumption have been made lawful for you.”
Reference: Surah Al-Ma'idah: 96
The conditions related to the hunter:
The conditions for hunting on land are the same as those for slaughtering, meaning the person must be a Muslim or from the People of the Book or those included in the ruling of the People of the Book, such as Magians or Sabians. The teaching of Islam is that hunting should not be done unnecessarily, that is, hunting should be done for the purpose of eating or for some other beneficial purpose. Islam does not permit killing animals without reason in any way. It is mentioned in a hadith:
من قتل عصفورا عبثا عج إلى الله يوم القيامة يقول: يا رب إن فلانا قتلني عبثا ولم يقتلني منفعة
"Whoever kills a bird without a valid reason, it will complain to Allah on the Day of Judgment, saying: O my Lord! Such and such person killed me without any purpose. This act was not done for any benefit."
Reference: Nasa'i, Kitab al-Dahaya, Chapter: Whoever kills a bird without right, Hadith 4451
In another hadith, it is stated:
ما من إنسان يقتل عصفورا فما فوقها بغير حقها إلا سأله الله عنها يوم القيامة - قيل يا رسول الله وما حقها؟ قال أن يذبحها فيأكلها ولا يقطع رأسها فيرمي به
Whoever unjustly kills a bird or any creature smaller than it, Allah will surely question him on the Day of Judgment. Someone asked: O Messenger of Allah, what is its right? He said: "To slaughter it and eat it, and not to cut off its head and throw it away."
Reference: Nasa'i, same reference, Hadith 4450 - (its chain is weak)
Furthermore, it is necessary that the hunter should not be in the state of Ihram for Hajj or Umrah (i.e., not a muhrim), because when a Muslim is in Ihram, he is in a state of complete peace and safety.
Allah Almighty says:
وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا
"And hunting on land is forbidden for you while you are in the state of Ihram."
Reference: Surah Al-Ma'idah: 96
Conditions related to the one who is to be targeted:
One of these conditions is that the animal hunted should be such that a person is unable to slaughter it by cutting its throat or windpipe. If one is capable of doing so, then it is necessary to slaughter it in that manner because that is the proper method of slaughtering.
Similarly, if the hunt is made by shooting an arrow or using a trained dog, and the animal is found in a state where it still has life, then it is necessary to slaughter it by cutting the throat as usual. But if it is found in a state where it no longer has life, it is better to slaughter it, but if it is left to die on its own, there will be no sin in eating it.
The hadith from the two Sahihs is:
وإذا أرسلت كلبك فاذكر اسم الله عليه فإن أمسك عليك فأدركته حيا فاذبحه
"When you release your dog, say the name of Allah over it. Then if it holds the prey for you and you find it alive, slaughter it."
Reference: Bukhari, Book of Slaughtering, Chapter on Hunting with Trained Dogs, Hadith 5476, 5484 - Muslim, Book of Hunting, Chapter on Hunting with Trained Dogs and Arrows, 1929/6 - and the wording is his
Means of Hunting:
The things with which hunting is done are of two types:
(1) Aggressive tools like sharp swords and spears, as inferred from the Quranic verse:
تَنَالُهُ أَيْدِيكُمْ وَرِمَاحُكُمْ
"That which comes to you from the hand or the spear strike."
Reference: Surah Al-Ma'idah: 94
(b) Trained hunting animals such as dogs, cheetahs, falcons, and hawks.
It is mentioned in the Quran:
قُلْ أُحِلَّ لَكُمُ الطَّيِّبَاتُ ۙ وَمَا عَلَّمْتُمْ مِنَ الْجَوَارِحِ مُكَلِّبِينَ تُعَلِّمُونَهُنَّ مِمَّا عَلَّمَكُمُ اللَّهُ
"Say! Made lawful to you are the good things, and the game of animals which you have trained, teaching them by what Allah has taught you."
Reference: Surah Al-Ma'idah: 4
The command regarding the use of injuring weapons and guns for hunting:
There are two conditions related to the hunting tool:
First, the tool must penetrate (enter) the body so that this penetration and injury (wound) cause the death of the prey. Death should not occur due to being crushed under the weight of the tool. Adi bin Hatim رضي الله عنه asked the Prophet Muhammad صلی اللہ علیہ وسلم:
انى ارمي بالمعراض الصيد فأصيبه قال إذا رميت بالمعراض فخرق فكل وما أصاب بعرضه فلا تأكل
"I hunt with a fruitless arrow (without a sharp tip) and it hits the target." The Prophet صلی اللہ علیہ وسلم said: "When you shoot an arrow and it pierces the body of the prey with its tip, then eat it. But if it hits from the side, do not eat it."
Reference: Bukhari, Book of Slaughtering: Chapter on what hits the side with its side, Hadith 5477, 7397; Muslim, Book of Hunting, Chapter on hunting with trained dogs and shooting, Hadith 1929/1 - and the wording is his
From this hadith, it is understood that the consideration is the penetration of the weapon, even if the prey was killed by a heavy object. On this basis, prey killed by a bullet from a gun or revolver is halal because this bullet penetrates the body faster than a sharp spear or sword. As for the hadith narrated by Imam Ahmad رحمه الله:
لا تأكل من المندقة إلا ما ذكيت
"Do not eat prey killed by a banduqah (slingshot) unless you have slaughtered it."
Reference: Musnad Ahmad (4/380) (its chain of narration is weak)
And Bukhari has narrated from Ibn Umar رضي الله عنه that banduqah prey means a prey that died from a blow, and this banduqah refers to a clod of earth that is thrown to hunt. This banduqah is completely different from the present-day gun.
Reference: Bukhari, Book of Slaughtering, Chapter on hunting with the side before Hadith 5476 - commentary on the chapter and its connection, Al-Bayhaqi in Al-Sunan Al-Kubra (249/9)
The thing similar to banduqah is a pebble, which the Prophet صلی اللہ علیہ وسلم forbade throwing and said:
إنها لا تصيد صيدا ولا تتنكأ عدوا لكنها تكسر السن وتفقأ العين
"A pebble neither kills the prey nor wounds the enemy, but it breaks teeth and bursts eyes."
Reference: Bukhari, Book of Slaughtering, Chapter on throwing and banduqah, Hadith 5479; Muslim, Book of Hunting, Chapter on permitting what can be used for hunting, Hadith 1954
Second, when throwing the tool or shooting the weapon, the name of Allah should be mentioned, as the Prophet صلی اللہ علیہ وسلم instructed Sayyiduna Adi bin Hatim رضي الله عنه, and the hadiths narrated from him hold fundamental importance in this matter.
Reference: Bukhari, Book of Slaughtering: Chapter on hunting with the side, Hadith 5476, 5484; Muslim, Book of Hunting, Chapter on hunting with trained dogs, Hadith 1929
Hunting with Dogs:
When hunting is done using dogs or hawks, the following conditions must be observed:
◈ First, the animal must be trained for hunting.
◈ Second, the trained animal must hunt for its owner. According to the interpretation of the Quran, it should restrain the prey not for itself but for its owner.
◈ Third, the name of Allah should be mentioned when releasing it.
The basis of these conditions is the following verse.
یَسْــٴَـلُوْنَكَ مَا ذَاۤ اُحِلَّ لَهُمْؕ-قُلْ اُحِلَّ لَكُمُ الطَّیِّبٰتُۙ-وَ مَا عَلَّمْتُمْ مِّنَ الْجَوَارِ حِ مُكَلِّبِیْنَ تُعَلِّمُوْنَهُنَّ مِمَّا عَلَّمَكُمُ اللّٰهُ٘-فَكُلُوْا مِمَّاۤ اَمْسَكْنَ عَلَیْكُمْ وَ اذْكُرُوا اسْمَ اللّٰهِ عَلَیْهِ۪-وَ اتَّقُوا اللّٰهَؕ-اِنَّ اللّٰهَ سَرِیْعُ الْحِسَابِ
"They ask you what has been made lawful for them. Say, 'All good things have been made lawful for you, and the game of the animals which you have trained as hunting animals, teaching them by what Allah has taught you, so eat of what they catch for you, and mention the name of Allah upon it.'"
Reference: Surah Al-Ma'idah: 4
How much the hunting animal should be trained is a well-known matter. The following points are included in its meaning:
◈ Its owner should be able to command it.
◈ It should come when called.
◈ If the owner commands it to hunt, it should obey.
◈ It should be warned by reprimand.
There is some disagreement among jurists about the necessity of some of these conditions. The main point is that the meaning of training can be understood from common usage.
For the owner to restrain the prey means that he does not eat from the prey himself. The Prophet Muhammad (peace be upon him) said:
إذا ارسلت الكلب فأكل من الصيد فلا تأكل، فإنما أمسك على نفسه فإذا ارسلته فقتل ولم يأكل فكل فإنما أمسكه على صاحبه
"When you release a dog for hunting and it eats some of the prey, do not eat it because it has restrained the prey for itself. But if after you release it, it hunts and does not eat any of it, then you may eat it because in that case it has restrained the prey for its owner."
Reference: Al-Sheikh Al-Albani said: I have not seen this wording in Ahmad's Musnad nor in any of the six major books. The hadith appears in several places in the Musnad with different wordings - (4/256-258, 377-388) which do not contain this wording, but its meaning is found in Bukhari, Muslim, and others - Ghaya al-Maram p. 51. See Bukhari, Book of Slaughtering: Chapter on Hunting with Trained Animals, Hadith 5476; Muslim, Book of Hunting: Chapter on Hunting with Trained Dogs, Hadith 1929.
Some jurists have differentiated between beasts and birds. One category is those from among livestock, such as dogs, and the other is from among birds, such as hawks. According to them, prey caught by birds is permissible to eat, but prey eaten by dogs is not permissible.
The conditions of training the hunting animal and restraining the prey for the owner are essentially due to the elevated status of humans and to keep them free from the leftovers of beasts. Because when the dog is trained and restrains the prey for its owner, it becomes merely a tool used by the hunter, like an arrow or spear.
Mentioning the name of Allah when releasing the dog for hunting is like mentioning the name of Allah when shooting an arrow, thrusting a spear, or striking with a sword. The Quranic verse:
وَاذْكُرُوا اسْمَ اللَّهِ عَلَيْهِ (mention the name of Allah upon it) contains this ruling. And in this regard, authentic and agreed-upon hadiths have been narrated, such as the mentioned hadith of Uday ibn Hatim (may Allah be pleased with him).
One proof of the correctness of this condition is that if another dog joins the dog released for hunting, their prey is not permissible. Because when Sayyidna Uday (may Allah be pleased with him) asked the Prophet Muhammad (peace be upon him):
إني أرسل كلبي اجد معه كلبا لا أدري أيهما أخذه؟ قال النبى صلى الله عليه وسلم: فلا تأكل فإنما سميت على كلبك ولم تسم على غيره
"I release my dog for hunting, but another dog is also present, so it is not known which dog caught the prey." The Prophet (peace be upon him) said: "Do not eat it because you mentioned the name of Allah when releasing your dog but did not mention it for the other dog."
Reference: Bukhari, Book of Slaughtering, Chapter on Hunting with Trained Animals, Hadith 5476; Muslim, Book of Hunting, Chapter on Hunting with Dogs, Hadith 1929
If one forgets to mention the name of Allah when shooting an arrow or releasing the dog, there is no blame from Allah due to forgetfulness, and it can be compensated by mentioning the name of Allah when eating, as has been mentioned in the chapter on slaughtering.
If the prey is found dead after shooting:
Sometimes it happens that a hunter shoots an arrow and hits the prey, but it is not available immediately; rather, it is found dead after a day or a few days. In such a case, this hunted animal is halal provided it has not fallen into water, because the Prophet ﷺ said:
إذا رميت سهمك فإن وجدته قد قتل فكل إلا أن تجده قد وقع فى ماء فإنك لا تدري الماء قتله أم سهمك
"After you shoot an arrow and find the prey dead, eat it, but if you find it fallen in water, do not eat it, for you do not know whether it died because of the water or because of your arrow."
Reference: Bukhari, Book of Slaughtering, Chapter on Hunting if Absent for Two or Three Days, Hadith 5484, 5485; Muslim, Book of Hunting, Chapter on Hunting with Dogs, Hadith 1929/6
There should be no mark of another arrow on it that might cause doubt that the prey died from another arrow. Sayyiduna Uday bin Hatim (RA) narrates:
قلت يارسول الله! ارمي الصيد فاجدفيه سهمن من الغد فقال: إذا علمت ان سهمك قتله ولم تر فيه أثر سبع فكل
I said: O Messenger of Allah ﷺ! I shoot an arrow and find the prey the next day with my arrow in it. The Prophet ﷺ said: "When you are sure that your arrow killed it and there is no sign of it being eaten by a predator, then eat it."
Reference: Tirmidhi, Book of Hunting, Chapter on the Man Who Shoots Prey and It Is Absent, Hadith 1468; Nasai, Book of Hunting, Chapter on the One Who Shoots Prey and It Is Absent, Hadith 4307
The prey should not have developed decay (bad odor), because according to sound nature, decayed things are impure and it is disliked to consume such things, and there is also fear of harm. In Sahih Muslim, the Prophet ﷺ said to Sayyiduna Abi Tha’laba (RA):
إذا رميت سهمك فغاب ثلاثة أيام وأدركته فكله مالم ينتن
"When you shoot an arrow and find the prey after three days, then eat it provided it has not developed decay."
Reference: Muslim, Book of Hunting, Chapter on If the Prey Is Absent and Then Found, Hadith 1931
