Question:
I am from Terengganu, after moving to Kuala Lumpur I find a different type of food served in restaurants here where they cook the squid together with its ink. What is the ruling of eating the squid and its ink? Hope for SS Mufti’s opinion.
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Before we state our opinion regarding this issue, we would first present the definition and habitat of squid.
Definition of Squid
Squid is a marine animal in the Teuthida family, which consists of about 300 species. It has a single small internal skeleton with eight arms and two tentacles which are usually longer. Squid is classified in the cephalopod group, subclass coleoidea, in the order of teuthida. There are two main suborders; which are myopsina and oegopsina. Oegopsina is the giant squid collection. Teuthidia is the largest cephalopod order which includes around 300 species in 29 families. The researchers predicted that about 200 species of squid that have not yet been identified.
Characteristics and Habitat of Squid
The habitat for squid is in the open seas and the bay areas. Squid lives around corals, rocks and the sea floors and open seas. Squid is an animal that is active in well-lit areas, thus it is easy for fishermen to catch squids. Generally, squid has eight arms and two tentacles. There are also some squids that have ten arms. Its tentacles are used to catch its prey and its hold is strengthened by its arm. On each arm and tentacles, there are disc-like suckers that reinforce its hold. Its arm helps in holding its prey and inserting it into its mouth. All of its arms and tentacles are directly attached to its head.
On its head, squid has two large eyes. Its large eyes are a great help for it to search for food and identify other predators. Squids physical body is similar in shape to a fish where it also has an elongated body and two swimming fins on its sides. Its tube-like body and fins enable it to move and stop rapidly, moving by jet propulsion.
One of the special features of a squid is its ability to store ink. Often squids would discharge its ink when it felt threatened. If the ink enters the eyes, it will blur our vision within minutes. During this short time, it will be able to flee from its enemies. There are certain squid species that are able to control their ink shots so that it can shot it repetitively.
According to scientists, squid is among the species that can be used as an indicator for the quality of seawater. It is said that squids cannot survive in polluted areas. The area where squids thrive indicates that the water quality in the area is good. Squid lives in groups and migrates regularly. Squid will migrate according to food availability in the area. It will reside temporarily in areas where it is safe and there is an ample supply of food. Squid also stops in certain locations to lay eggs but the duration of the stopover is not long.
Climate changes, especially global warming, can inhibit the growth and reproduction of squid. Squids can digest food well in moderate temperate areas. Increasing temperature will lower squid independence to survive and multiply. Global warming will also limit the existence of its source of food such as fish, shrimp and crab.
The Ruling of Eating Squid and Its Ink
Scholars have differing opinions regarding this issue and their opinions are as the following:
According to some scholars of madhab Hanafi, it is prohibited to eat squid, for it is not considered as fish. They presented the following arguments:
- It is analogically deduced (qiyas) that squid is similar to rats. The reason is, squid eats any type of food, whether it is good or dirty on the seafloor, that’s why sometimes we can find debris and sand in their stomach. Hence, since rats on land are prohibited, then rats in the seas (squid) is also prohibited.
- Furthermore, squid also contains a black ink (considered as dirty) and dirty things are prohibited to be eaten.
However, this is not the opinion of the majority of scholars from this madhab, there are even some scholars of madhab Hanafi that ruled it permissible to eat squid. In madhab al-Syafie, it is permissible to eat squid, for it is included as a sea animal which is permissible to be eaten as stated in the Quran:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ
“Lawful to you is a game from the sea,”
Surah al-Maidah (96)
The Prophet PBUH said:
أَنَّهُ سَمِعَ أَبَا هُرَيْرَةَ، يَقُولُ: سَأَلَ رَجُلٌ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: يَا رَسُولَ اللَّهِ، إِنَّا نَرْكَبُ البَحْرَ، وَنَحْمِلُ مَعَنَا القَلِيلَ مِنَ المَاءِ، فَإِنْ تَوَضَّأْنَا بِهِ عَطِشْنَا، أَفَنَتَوَضَّأُ مِنَ الْبَحْرِ؟ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «هُوَ الطَّهُورُ مَاؤُهُ، الحِلُّ مَيْتَتُهُ
Abu Hurairah said: "A man asked the prophet (ﷺ): 'O Messenger of Allah, we travel by sea and we take a little water with us, but if we use it for Wudu', we will go thirsty. Can we perform Wudu' with seawater?' The Messenger of Allah (ﷺ) said: 'Its water is a means of purification and its dead meat is permissible.'"
Sunan al-Tirmizi (69)
In answering the issue of whether it is permissible to eat squid’s ink, 5th Terengganu State Fatwa Committee Meeting for the Ninth Term which convened on 7 December 2011 agreed to maintain the fatwa decision made by Syed Yusuf bin Ali Az-Zawawi (Mufti in 1953 to 1975); squid’s ink is considered as najis for the liquid is dirty and will produce a stinky smell if left for a long time. This liquid is categorized as excrement from an animal and someone who has a normal appetite will not consume it.
Disposition (Tarjih)
After analysing the opinions of scholars, we are inclined towards the opinion that states that it is permissible to eat squid and its ink since it is included as one of the sea animals according to the above-stated evidence. In the context of squid’s ink, it is considered as a part of the squid itself that we can eat and benefit from. The reason is, there is no clear evidence that prohibits eating it, then it falls under the Islamic legal maxim:
الأصل في الأشياء الإباحة حتى يقوم الدليل على تحريمه
The original ruling in something is its permissibility
In the case of squid cooked together with its ink has become a norm in our society. Thus, it is acknowledged by syarak and is included under the Islamic legal maxim:
العادة محكمة
“Local custom is arbitrary”
Hence, considering this factor, eating squid’s ink is not considered as something that is dirty or disgusting for it has become a normal meal and is accepted in our society, although it may be different for others.
Wallahua’lam.