Question:
What is the ruling of eating seafood and turtle?
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.
Introduction to the Rulings of Food
Food in the context of Syariah Islamiyah is included under the chapter of permissibility, makruh (undesirable) and haram (prohibited). Thus, scholars have stated in the chapter of nutrition (الاطعمة) that every food is halal (permissible) unless there is evidence of its prohibition as stated in the book Mausuah Fiqhiyyah:
“The original ruling for food is permissible, unless when there is evidence that prohibits it.” (See Mausuah Fiqhiyyah: 5/124)
We could also look at the methodology presented by Syeikh Ibrahim in Hasyiah Baijuri Ala Fathul Qarib Al-Mujib:
- Any animal that is considered as good and delicious to be eaten by the Arabs and those who have wealth, intelligent and great taste, then the animal is permissible to be eaten except when there is syarak evidence that prohibits it.
- The same for any animal that is considered as dirty and disgusting to be eaten by the Arabs is prohibited to be eaten unless there is syarak evidence that permits it.
This is as stated by Allah SWT:
وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ
“…and makes lawful for them the good things and prohibits for them the evil,”
Surah al-A’raf (157)
- It is prohibited for us to eat wild animals that hunt for its food using strong canine teeth such as lions.
- And birds that hunt its prey using sharp and strong talons or claws such as an eagle.
(Hasyiah Baijuri Ala Fathul Qarib Al-Mujib: 2/571)
Eating Animals that Live in Water
The meaning of animals that live in water is stated in the book Al-Halal Wa Al-Haram Fi Islam:
“They are (animals) that could only survive underwater and cannot live except in water.” (Al-Halal Wa Al-haram Fi Islam: 51)
According to madhhab al-Syafie Rahimahullah, every animal that live in water is permissible to be eaten, as stated in the statement of Allah SWT:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ
“Lawful to you is game from the sea and its food as provision for you,”
Surah al-Maidah (96)
Regarding the above verse, Imam Baghawi Rahimahullah states in his commentary that animals that live underwater is divided into two:
- Fish: All types of fishes is halal to be eaten even if they are of different types and characteristics. The Prophet PBUH said:
أحلت لنا ميتتان ودمان: الميتتان : الحوت وجراد,والدمان: الكبد والطحال
"Two types of dead animals and two types of bloods have been made lawful for us, the two types of dead animals are locusts and fish (seafood), while the two types of bloods are the liver and the spleen".
Musnad Ahmad (5690) Sunan Ibnu Majah (3314)
- Other than fish: It is further divided into two which are:
- Animals that live on both land and water such as frogs, then it is prohibited from being eaten.
- Only live in water and cannot survive on land. There is a difference of opinions in this matter according to madhhab Imam Hanafi that animals other than fishes are impermissible to be eaten. According to another opinion, the carcass of animals that live in water is halal to be eaten for they are all can be considered as fishes even if their physical appearance is different such as the eel. Thus, all animals live in water is permissible to be eaten and this is the ittifak (settlement) of scholars and also the opinion of Imam Malik and madhhab Syafie.
(Tafsir Al-Baghawi: 1/820)
The Ruling of Eating Turtle
Coming back to the above question, after reviewing the opinion of scholars regarding the title (الاطعمة) which is food, we should understand the definition of turtle (السلحفية): “Several types of large turtles where its eggs are edible (mostly found in the east coast area of Malaysia), Chelone mydas.” (2nd edition Kamus Pelajar)
Turtles are animals that live both land and water (البرمائي) as stated in Mausuah Fiqhiyyah:
“And it is prohibited in madhhab Imam Syafie from eating animals that live both on land and water (البرمائي).” (Mausuah Fiqhiyyah: 5/130)
According to the opinion of al-Imam al-Rafie Rahimahullah:
“Turtle is an animal that is considered as (الاستخباث) which means filthy and disgusting to be eaten.” (See Tibyan lima yuhillu wa yahrumu minal hayawan 119)
The same is stated in the statement of Allah SWT:
وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ
“…and makes lawful for them the good things and prohibits for them the evil,”
Surah al-A’raf (157)
Likewise is stated in Hayat Al-Hayawan Al-Kubro: 469: Al-Imam Al Baghawi explained that in terms of whether turtle (السلحفية) is halal to be eaten, there are two opinions: al-Imam Rafie said that the prohibition from eating turtle is due to the fact that it is filthy and disgusting to be eaten (الاستخباث) and the opinion of Ibnu Hazim state that eating turtle is halal the same for its eggs as stated in the statement of Allah SWT in surah al-Baqarah verse 168:
كلوا مما في الأرض حلالا طيباً
“…eat from whatever is on earth [that is] lawful and good,”
Surah al-Baqarah (168)
In Tuhfatul al-Ahwazi it is stated: According to the opinion of madhhab al-Syafie, animals which live on both land and water are divided into two, the first is prohibited from being eaten such as frogs and crocodiles. Furthermore, the prohibition is because they are filthy and disgusting (الاستخباث), the same for the harms for poisonous animals such as snakes, turtles and scorpions.
The same opinion is presented in the book Fiqh Islam wa Adillatuhu: In the Chapter Animals which live on Both Land and water (الحيوان البرمائي):
قال الحنفية والشافعية: لا يحل أكلها؛ لأنها من الخبائث
“The opinion of madhhab Hanafi and Syafie: It is not halal to eat it which is animal that live on both land and water for they are filthy and disgusting.” (Fiqh Islam wa Adillatuhu 4/332)
Conclusion
According to the above evidences and opinion of scholars, we could conclude the following:
- All animals that live in water are halal to be eaten according to the opinion in madhhab Imam Syafie.
- Animals that live on both land and water is haram from being eaten and turtle is included in this category of animals where it lives on both land and water.
Furthermore, turtles are also a protected and endangered species according to the laws of the government of Malaysia, catching or killing turtles is an offense and is punishable by law.
Wallahua’lam.