HALAL TRIVIA FOR ACJU

M. Haris Z. Deen, Ph.D., MBA., BSc., LLB (Hons)., FRICS

The Rizana execution case has now faded into oblivion. Some of us took advantage of the poor girl’s death and the family’s plight and shed crocodile tears to gain political mileage, while some others genuinely felt that there was injustice done to the poor girl and lamented. Rizana is no more, she is in heaven but God posthumously fulfilled Rizana’s intentions and that of her parents of a better life for the family and education for her siblings.

Most importantly God in His Absolute Wisdom educated the Muslim and Non-Muslim people of Sri Lanka about the Islamic Shar’iah particularly in respect of criminal offences subject to Hudud.

People cannot forget the hue and cry that was raised after the 9/11 New York World Trade Centre attack and the emergence of a new word ‘Islamophobia’ in the English lexicon. What was raised as a cry against Islam and the Muslims, in fact turned out and continues to be a worry for the Western States, because people started studying Islam in a serious manner in order to find out whether Islam actually promotes and condones terrorism. Instead it is apparent from the large number of Americans and Europeans willingly accepting Islam that God in His Supreme Wisdom extended the knowledge of His Book to those who wanted to know.

Misguided people

When I see the needless debate that is taking place in our motherland, Sri Lanka, about the issue of Halal Certification and the massive expanse of the Qura’n quoted by learned Bhikkhus, I am confident that this is also one of God’s ways of educating misguided people and establishing His authority on earth. People now know something about Halal and Haram, but the continuing debate and the panic that the ACJU (All Ceylon Jamiyyathul Ulama) has got into suggest that the Halal issue has as yet not been properly explained. The front page news in all newspapers on Friday February 22, 2013, was an alarming statement by the ACJU that ‘Halal’ is only for Muslims. In fact the headlines said ‘Halal only for Muslims’. This for me is a pathetic approach borne out of panic. For one, what the ACJU is suggesting is not practical or logical. The statement stated that ‘the ACJU has asked the manufacturers who obtained Halal Certificates, to confine selling ‘Halal’ products to Muslims only. In the first place it is not the manufacturers who retail the product and in the second place how are the retail outlets going to ensure the person purchasing the product bearing the Halal logo is a Muslim? The manner in which a person is dressed in itself will not be satisfactory proof that the person is Muslim. Any male Muslim or non-Muslim can wear a skull cap similarly and Muslim or non-Muslim female can wear the Shalwar and Khamees and a Hijab.

Islamic scholars

Therefore, it is not a practical suggestion. The suggestion itself is not logical because as Muslims, particularly the Ulema are required to promote the good things not only upon Muslim but also upon non-Muslims.

It is upto them to accept or not accept as the Holy Book of God the Qur’an clearly lays down that ‘there is no compulsion in religion’. Having said this, I must congratulate the ACJU for having at least exposed the issue as a matter of importance for the Muslims. Muslims do not have the benefit of their beloved Prophet (PBUH) in their presence, nor do they have the Prophet’s (PBUH) companions (Rali Allahu Anhu) amongst them, therefore the Ulema of Sri Lanka have a duty to guide the Muslims towards the correct path in all respects of prayer and conduct.

The ACJU as an organisation not only of Islamic scholars but including some of those imbued with authority (Mufthi’s) to issue edicts (Fatawa), is perfectly within their rights to take up the issue. Unfortunately, with the greatest respect to them, the ACJU has failed to handle the matter in the right manner. Muslim lay writers like myself and A.F. Dawood (Islam and Sharia – a rejoinder – Ceylon Today 22.2.2013) have made efforts in our own way to explain the concept behind the doctrines of Halal and Haram. The Halal Certification issue, as rightly pointed out by writer A.F. Dawood is clearly blown of proportion, purely due to misunderstanding of the noble doctrines. Contrary to this Shane (probably a pseudonym) writing in The Island 23.2.2013 under the headline ‘Religious and ethnic intolerance has no place in a pluralist democracy’, does not have any clue of what ‘Halal’ means and thinks that ‘Halal’ refers to the manner in which an animal is killed – humane or in-humane’. It is a shame that this is the extent to which Muslims have been able to explain to the non-Muslim brothers the Halal principle.

Against this background, I would pose the following trivia questions not only to the ACJU but also to the Ulemas not in the ACJU and the Muslim Public in Sri Lanka.

Strict code of conduct

Before I offer the trivia questions I would like to clarify, that Muslims have to abide by a strict code of conduct. This code includes a person’s association with God (Ibadaat), and others associated with a person’s association with society.

Halal and Haram come under the category of association with God and are acts punishable by God Himself. All acts of dealing with the society at large which are permitted by God are Halal for which the society cannot reward the person spiritually (may be a title like Deshamanya, which will not benefit him or her in front of God), but if the person commits a Haram act like adultery, fornication, theft, murder etc. are punishable according to the laws of the country. Allah Knows Best.

Therefore, I submit that the Islamic legal doctrine of Halal does not only refer to the manner in which an animal is killed – humane or in-humane but covers the entire conduct of a Muslim including the manner in which he or she dresses. For example, it is Halal for a Muslim man to wear a pair of trousers but the pair of trousers must cover him from and including the navel and the knee. He is permitted to pray in this attire. However, if the pair of trousers are long and hangs below his ankle, then the Prophet (PBUH) said that such a person’s feet will be burnt in hell. Taking this under Ijthihad (human reasoning), Imam Abu Haniffa has declared that it is Haram not Halal to wear a pair of trousers which are long and hangs below the ankle.

Using Credit Cards

This limitation applies only to the dress, but the person has satisfied the requirement of covering his ‘Awraath’ private parts as required for observing the prayer.

This distinction is very important and my readers can only appreciate the trivia questions only if they understand this difference.

I repeat that what is permitted as ‘Halal’, does not necessarily make it ‘Halal’ if the product is purchased in a ‘Haram’ manner. For example eating out of interest money is ‘Haram’ as God and the Prophet (PBUH) have declared war against usury.

It does not only concern eating it also covers every aspect of a Muslim’s life. There is no way that a Muslim can take defence from necessity as long as there are alternatives. Renting a house and living in it is the alternative available against seeking a mortgage from a Bank or Building Society at exorbitant interest. Using Credit Cards is permitted as long as the Cardholder pays off the whole amount when the statement is received.

What most people do not know is that the Credit Card issuer encourages the Card holder to pay the minimum payment, so that he can charge interest on the total amount of the monies due and not on reducing balances. Either way, to involve in payment or receipt of interest is Haram not Halal.

The Prophet has likened such an act to committing fornication with one’s mother – May God protect all of us from this sin. I request to be excused for rubbing the point of not being Halal when referring to non-permitted acts. Permitted ‘Halal’ and forbidden ‘Haram’ doctrines have several exceptions and degrees of acceptance within the Islamic Shari’ah.

Slaughtering animals

There is one other important issue that has over and over been raised by our non-Muslim brothers about slaughtering animals. If one is slaughtering an animal by mentioning the name of God when doing so, it becomes a sacrifice to the God and should not be eaten.

This is clearly a misguided misunderstanding. God in His Eternal Mercy has provided Muslims with an avenue preventing them from consuming food sacrificed for other gods. Sacrifice and slaughter are two different things. For the purpose of consumption or sale all animals specified as permitted to eat must be killed in a particular way. That way is to slaughter the animal by mentioning the name of God NOT FOR GOD. There is also a strict code of mannerisms including the use of a sharp knife so that the animal is not unnecessarily mutilated.

Muslims are also permitted to sacrifice animals as so happens during the Haj period and when a child is born. This again is NOT FOR GOD but in the name of God sacrificed to feed the poor. Since the sacrifice is not FOR GOD the person offering the sacrifice is given the option of taking a portion of the meat for his family.

My non-Muslim friends have also asked me about fish. As regards fish, there is no mention in the Qur’an’. However, on one occasion the companions of the Prophet (PBUH) inquired of the Prophet (PBUH), whether it is permitted to take ablution from sea water. The Holy Prophet (PBUH) said yes and did not stop at that, but also said ‘the dead animals that come out of the sea are permitted for you to eat’. Therefore it is clear that eating fish as they are presented is permitted.

To discuss the whole aspect of the subject is beyond the scope of this article. However as an introduction I will provide a summary of the usual terminology that the Ulema use when giving religious edicts on matters connected with these issues.

Some important terminology used by Ulema when issuing edicts on Halal and Haram

Halal - That which Allah and the Prophet Muhammad (peace and blessings be upon him) have allowed to be done in a lawful manner.

Haram - That which Allah and the Prophet have completely and specifcally forbidden. Engaging in an act that is Haram (i.e. eating food like pork, drinking alcohol, having sex outside of marriage) would lead to punishment in the Next Life, and maybe even in this Life.

Makrouh - Something that is not liked. Also defined as offensive.

Mashbooh - Questionable or doubtful.

Mushtabahat - This is described as the “grey area” that is found between Halal and Haram. It has also been defined as questionable.

It is based on the Hadith: What is Halal is clear and what is Haram is clear. Midway between them are things which people do not know whether they are Halal or Haram. He who keeps away from them will protect his religion and will be saved. He who aproaches them is very near to Haram, like a shepherd wandering his flock near Hima (protected grazing land), who could soon enter the forbidden area, and Allah’s protected area is what He has declared forbidden.”

Makrouh Tahrimi - This is a category of Makruh, and is defined as offensive in the extreme, and close to the Haram.

Makrouh Tanzihi - Another category of Makruh. It is defined as less offensive, but still extremely distasteful.

Tayyibat - This refers to all things which are made halal for Muslims.

Zabiha - An animal slaughtered (or the process of slaughtering) according to the Islamic method without which flesh of a halal animal is not lawful for the food of a Muslim.

To go deeper into the above is cumbersome and is not my intention to do so in this article.

The trivia questions

The following trivia questions are based on the principal that all Muslims are expected to follow a strict code of ethics and conduct and based on actual occurrences experienced by the writer. I would add that this is not meant to test the intellect of ACJU members but as a means of providing answers to the critics of the Halal issue:

Trivia 1

Situation 1 (Factual)

My wife and I went to the Sunday Fair in Dehiwela. We wanted to buy king coconut (Thambili). There were 8 in a bunch. I inquired the price for which the lady quoted Rs. 30 for each. I asked her whether she can reduce the price. She vehemently refused and said if you want to buy at that price you may otherwise I can sell it to someone. I told her that I will take the whole bunch of 8 and asked her how much? She mentally calculated and said Rs. 230. I refused to take the coconuts but told her unless you take Rs. 240 it is not Halal for me. The lady was surprised and thanked me for being honest.

The question

Have I conducted myself in a Halal manner as required by the Islamic Shari’ah?

To my understanding I have been honest and that is the Halal conduct prescribed for Muslims.

Situation 2 (Hypothetical)

A person dressed like a Muslim goes into a supermarket and the sales assistant having identified the person as Muslim complies with the ACJU conditions and hands over the product marked Halal with a price tag of Rs. 30 to the buyer.

The buyer (a Muslim) goes to the till and pays for the good by a currency note bearing the value of Rs. 50. The till attendant returns change of Rs. 30 mistakenly.

The Muslim buyer gleefully accepts the Rs. 30 having underpaid for the goods by Rs. 10 and goes home and boasts to his wife that he cheated the shopkeeper of Rs. 10 on the goods and both of them enjoy the product.

The question

(a) Has the Muslim conducted himself in a Halal manner as required by Islam?

(b) Will the product be Halal for the couple to consume having cheated the shopkeeper in obtaining the product?

(c) Will the product still remain Halal after it has been obtained by cheating?

This is a situation where Halal can become Haram by someone’s conduct. My answer to question (a) is that the Muslim having cheated the shopkeeper to obtain the product by underpaying the person has acted against the ethics and conduct required of a Muslim and therefore he has not acted in a Halal manner. (b) Therefore, unless he goes back and pays the difference and asks forgiveness of Allah then consuming that product (even when it has been certified Halal) will not be Halal due to cheating.

(d) Nevertheless the product will remain Halal

The above are some of the trivia situations which I have abstracted from my research. There are many more, However, I believe, that if my readers give some thought to what I have said, they would soon realise that there is nothing to be concerned about in the matter of Halal. I do not mind criticism. I would request constructive criticism as much I would accept praise gracefully. In my humble opinion, the ACJU will be right if they said that the issues of Halal and Haram should only concern Muslims and that certification is not a matter that should concern them. Certification is only for the businesses to expand their products into the Muslim consumers and increase their market share. Instead of dictating terms to the business community to whom they should sell Halal Certified products, they have two options to settle the issue. Tell the business community, that there is no compulsion on them to obtain such Certificates, but if they wish to sell any product to the Muslim Community they must first satisfy the requirements of Halal. How they want to do this is upto them, but must be authentic and verifiable. The second option is for them to charge the Muslim Community and provide them with information as to what products in the market are genuinely Halal. This could be done through trustees of mosques.

I submit these suggestions for consideration by the ACJU and other Muslim organisations and resolve this unnecessary issue once and for all. But certainly this is one of the ways that Allah has obviously devised to educate those ignorant of the Shari’ah in respect of the doctrines of Halal and Haram – Allah Knows Best.

The writer is the former Advisor in the Public Works Authority Qatar. He is also an ExCo Member of the Union of Muslim Organisations in the UK and Eire and Trustee of the Welwyn-Hatfield Islamic Society, UK.

Email: [email protected]

Blog: http://www.harisdeen.com