This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Fish and locusts are exceptions to the ruling:
Islamic Shariah has exempted aquatic animals like fish from the prohibition of carrion. Accordingly, when the Prophet ﷺ was asked about the water of the sea, he ﷺ said:
هو الطهور ماؤه ، والحل ميتته
"The water of the sea is pure and its carrion is lawful."
Reference: Musnad Ahmad 361/2, Abu Dawood Kitab al-Taharah Bab al-Wudu' bi Ma' al-Bahr Hadith 83, Tirmidhi Kitab al-Taharah: Bab Ma Ja'a fi Ma' al-Bahr Annahu Dhuhur Hadith 69, Nasa'i Kitab al-Taharah: Bab al-Wudu' bi Ma' al-Bahr Hadith 333, Ibn Majah Kitab al-Taharah Bab al-Wudu' bi Ma' al-Bahr Hadith 386
And Allah Almighty says:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ
"Made lawful for you is the game of the sea and its food."
Reference: Surah Al-Ma'idah: 96
Sayyiduna Umar (RA) explained this by saying: The sea game means what is hunted from the sea. And the sea food means what the sea itself throws up.
Reference: Al-Sunan al-Kubra by Al-Bayhaqi 254/9
Similarly, Sayyiduna Ibn Abbas (RA) said that sea food means the carrion of the sea.
Reference: Al-Sunan al-Kubra by Al-Bayhaqi 255/9
In Sahihain, it is narrated from Sayyiduna Jabir (RA):
أن النبى صلى الله عليه وسلم بعث سرية من أصحابه فوجدوا حوتا كبيرا قد جزر عنه البحر أى ميتا فأكلوا منه بضعة وعشرين يوما ثم قدموا إلى المدينة فأخبروا الرسول فقال كلوا رزقا أخرجه الله لكم أطعمونا إن كان معكم فأتاه بعضهم بشيء فأكله
The Prophet ﷺ sent a group of companions on an expedition; they found a large fish that the sea had thrown up, meaning it was carrion. They ate it for more than twenty days, and when they returned to Medina, they informed the Messenger of Allah ﷺ. He ﷺ said: Eat the provision that Allah has provided for you. If you have some of that fish, feed us as well. Some of them presented parts of that fish to the Prophet ﷺ, and he ﷺ ate it.
Reference: Bukhari Kitab al-Shirka Bab al-Shirka fi al-Ta'am Hadith 2483, Muslim Kitab al-Sayd Bab Ibahat Maytat al-Bahr Hadith 1935
The carrion fish and locusts of the sea are permitted to be eaten without slaughtering because it is not possible to slaughter them. Sayyiduna Ibn Abi Awfa (RA) said:
غزونا مع رسول الله صلى الله عليه وسلم سبع غزوات نأكل معه الجراد
We participated in seven battles with the Messenger of Allah ﷺ and ate locusts with him ﷺ.
Reference: Bukhari, Kitab al-Dhaba'ih Bab Akal al-Jarad Hadith 5495, Muslim, Kitab al-Sayd: Bab Ibahat al-Jarad Hadith 1952
Utilizing the skin, bones, and hair of a dead body:
The prohibition of carrion means that eating it is forbidden. However, there is no harm in benefiting from its skin, horns, bones, or hair; in fact, it is desirable because it is not permissible to waste something useful. It is narrated from Sayyiduna Ibn Abbas رضي الله عنهما:
تصدق على مولاة لميمونة أم المؤمنين بشاة فماتت فمر بها رسول الله صلى الله عليه وسلم فقال هلا أخذتم إهابها فدبغتموه فانتفعتم به فقالوا إنها ميتة فقال إنما حرم أكلها
"The slave girl of Umm al-Mu'minin Sayyida Maymunah رضي الله عنها received a goat as charity which died. When the Messenger of Allah صلی اللہ علیہ وسلم passed by, he said: Why have you not taken its skin and tanned it to use for your benefit? People said: It is carrion. He said: Only eating carrion is forbidden."
Reference: Bukhari, Book of Zakat, Chapter on Charity to the Slaves of the Wives of the Prophet, Hadith 1492; Muslim, Book of Menstruation, Chapter on Purification of the Skins of Carrion by Tanning, Hadith 363 (and the wording is his)
The Prophet صلی اللہ علیہ وسلم taught the method to purify the skin of carrion, which is tanning. He said:
دباغ الأديم ذكاته
"Purifying the skin by tanning is equivalent to slaughtering the animal."
Reference: Musnad Ahmad 476/3, Abu Dawood, Book of Clothing: Chapter on Carrion, Hadith 4125; Nasa'i, Book of Branches and Al-'Atirah: Chapter on Skins of Carrion, Hadith 4248; Sunan al-Daraqutni 45/1; al-Bayhaqi 21/1 (and the wording is theirs)
In another narration it is said:
دباغه يذهب بخبثه
"Tanning removes impurity."
Reference: Mustadrak Hakim 161/1, Musnad Ahmad 314/1; Sheikh al-Albani رحمه الله said: Weak in this wording, Ghaya al-Maram Hadith 27
And in Sahih Muslim and others it is narrated from the Prophet صلی اللہ علیہ وسلم:
أيما إهاب دبغ فقد طهر
"Any skin that has been tanned becomes pure."
Reference: Muslim, Book of Menstruation: Chapter on Purification of the Skins of Carrion by Tanning, Hadith 366; Tirmidhi, Book of Clothing: Chapter on What Has Been Related About the Skins of Carrion When Tanned, Hadith 1768 (and the wording is his)
This ruling is general and applies to all skins, whether from a dog or a pig. This is the view of the Ahl al-Zahir (literalists), and it is also transmitted from Imam Abu Yusuf. Imam Shawkani prefers this view.
Reference: Nail al-Awtar 86/78
Sayyida Umm al-Mu'minin Sawda رضي الله عنها says:
One of our goats died, so we tanned its skin and then continued to make nabidh (date syrup) in it until it became an old water-skin.
Reference: Bukhari, Book of Oaths and Vows, Chapter on If One Swears Not to Drink Nabidh, Hadith 6686
The state of compulsion is an exception:
All the above-mentioned prohibitions relate to optional situations. The rules of compulsion are different from this, which we have mentioned earlier. Allah Almighty says:
وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمُ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ
"He has explained to you in detail what He has forbidden you, except for what you are compelled to do."
Reference: Surah Al-An'am: 119
Similarly, after explaining the prohibition of carrion and blood, He said:
فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَّحِيمٌ
"So whoever is forced by necessity, neither desiring it nor exceeding the limit, there is no sin upon him. Indeed, Allah is Forgiving and Merciful."
Reference: Surah Al-An'am: 145
The compulsion on which everyone agrees is the urgent state of hunger. Some jurists have defined it as a situation where a day and night pass and nothing is available to eat except forbidden food. In such a case, the compelled person may eat forbidden food only to the extent that the compulsion ends and he is saved from destruction.
Imam Malik says that the limit is to eat enough to fill the stomach and take enough for the journey until something lawful is found to eat. Other jurists say that one should not eat more than enough to keep from starvation from the forbidden, and probably this is what is implied from Allah's statement غَيْرَ بَاغٍ وَلَا عَادٍ. The reality of hunger compulsion being true compulsion is clear from the text of the Quran:
فَمَنِ اضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
"So whoever is forced by hunger, not desiring sin, then indeed Allah is Forgiving and Merciful."
Reference: Surah Al-Ma'idah: 3
Necessity of Treatment:
As for the necessity of treatment, meaning if it becomes unavoidable to consume something forbidden in order to obtain a cure, there is a difference of opinion among the jurists on this issue. One group does not accept this necessity. Their argument is based on this hadith:
إن الله لم يجعل شفاءكم فيما حرم عليكم
"Allah has not made a cure in what He has forbidden for you."
Reference: Bukhari, Book of Drinks, Chapter on Sweet Drinks and Honey, commentary before Hadith 5614, and Ahmad in the Book of Drinks Hadith 130, and Al-Hakim 4/218
However, the other group considers the necessity of treatment and regards treatment as essential like food, because both are necessities (interests) for life. This group’s argument is that the Prophet ﷺ permitted Abdul Rahman bin Awf (may Allah be pleased with him) and Zubair bin Awwam (may Allah be pleased with him) to wear silk due to itching, even though wearing silk is prohibited and has warnings against it.
Reference: Bukhari, Book of Jihad, Chapter on Silk in War, Hadith 2919, 2920; Muslim, Book of Clothing, Chapter on Permitting Men to Wear Silk, Hadith 2076
This opinion probably aligns more with the spirit of Islam. Islam has fully considered the protection of human life in all legislative matters. However, the use of medicine made from forbidden substances is permitted subject to certain conditions:
◈ If not using it would genuinely endanger health.
◈ No permissible medicine is available that can replace it or make it unnecessary.
◈ The medicine is prescribed by a Muslim doctor who is trustworthy both religiously and in terms of knowledge and experience.
We would like to add, in light of our knowledge and statements from trustworthy doctors, that there is no real medical necessity that requires using something from the forbidden (prohibited) substances for treatment. Still, in principle, we cautiously accept such a necessity because it is possible that a Muslim may be in a place where nothing other than forbidden substances is available.
An individual's compulsion does not remain in this case when society fulfills his need:
If a person does not personally have food and drink items, it does not mean that he is helpless in every way, while other members of society, whether Muslim or Dhimmi, have an abundance of food and drink. In such a case, the needs of the helpless person can be fulfilled from these surplus items, and he can be saved from eating forbidden things. The completion of an Islamic society is actually achieved by coming together, and its members are mutually responsible for one another. In other words, the members of an Islamic society are parts of a single body. Or it can be said that they are like a fortified wall whose components strengthen each other.
Regarding collective responsibility, Imam Ibn Hazm, may Allah have mercy on him, gave this valuable opinion which serves as a guiding light for Islamic jurists: He states that it is not permissible for a Muslim in a state of emergency to eat carrion or pork if his Muslim or Dhimmi companion has surplus food and drink items, because it is obligatory for the one who has surplus food to feed the hungry. In such a case, the distressed person is not compelled to eat carrion or pork. He has the right to obtain surplus food and drink from his companion. If he has to fight for this purpose and is killed in the process, the killer will be liable for Qisas (retribution). And if he is forced to kill the person who prevents him, then the killer is cursed by Allah because the killed person prevented a distressed person from obtaining his right. Therefore, he will be counted among the rebellious groups against whom Allah has commanded fighting:
فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ
"Then if a party among the believers fights against another party, fight against the one that starts aggression until it returns to the command of Allah."
Reference: (Surah Al-Hujurat: 9)
In fact, the person who prevents his brother is a rebel. On this basis, Sayyiduna Abu Bakr Siddiq, may Allah be pleased with him, fought against those who withheld Zakat.
Reference: (Al-Muhalla by Ibn Hazm, vol. 6, p. 159)
