Question:
Assalamualaikum SS Dato’ Seri Mufti. Is it true there are evidences that state that it is permissible to kill certain animals in Islam?
Answer:
Waalaikumussalam wrt. wbt.
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.
First of all, Islam is a religion that emphasizes on compassion and prohibit its followers from killing other creations as they pleased. Intentionally killing animals without reason is prohibited in Islam. In a hadith narrated by Abdillah ibn Amr R.Anhuma, the Prophet PBUH said:
مَا مِنْ إِنْسَانٍ قَتَلَ عُصْفُورًا فَمَا فَوْقَهَا بِغَيْرِ حَقِّهَا ، إِلاَّ سَأَلَهُ اللَّهُ عَزَّ وَجَلَّ عَنْهَا ، قِيلَ يَا رَسُولَ اللهِ ، وَمَا حَقُّهَا ؟ قَالَ : يَذْبَحُهَا فَيَأْكُلُهَا ، وَلاَ يَقْطَعُ رَأْسَهَا يَرْمِي بِهَا
"There is no person who kills a small bird or anything larger for no just reason, but Allah, the Mighty and Sublime, will ask him about it." It was said: "O Messenger of Allah, what does just reason;' mean?" Her said: "That you slaughter it and eat it, and do not cut off its head and throw it aside."
Sunan al-Nasaie (4349) and Musnad Ahmad (11/110)
Second, in answering the above question, it is true there are evidences that permit Muslims to kill certain animals. The reason is that some animals are dangerous and could threaten the lives of humans, causing harm and others.
In the hadith, these animals are mentioned with the term fasiq which means pests that are harmful and dangerous to humans. This is as stated in a hadith narrated by Aisyah R.Anha, where the Prophet PBUH said:
خَمْسٌ فَوَاسِقُ يُقْتَلْنَ فِي الْحَرَمِ الْفَأْرَةُ وَالْعَقْرَبُ وَالْحُدَيَّا وَالْغُرَابُ وَالْكَلْبُ الْعَقُورُ
“Five are the vicious and harmful things which should be killed even within the precincts of Haram: rat, scorpion, crow. kite and voracious dog.”
Sahih al-Bukhari (3314) and Sahih Muslim (1198)
The word “فَوَاسِق” originates from the Arabic word (فَسِق) and it is a plural word for “فُوَيْسِق” which means “small one that is harmful (dangerous)”. It has the same meaning with pests, wild and dangerous animal, nuisance, invasive and dangerous to humans. (See Lisan al-Arab, 10/310)
The word “fasiq” when used for animals means the honour of it as an animal is no longer applicable for it because of its harms, destruction and injury it caused humans. (See Fath al-Bari, 4/45 dan Tuhfah al-Ahwazi, 3/375)
The five types of animals as stated in the above narration does not mean it is limited to the five animals. They are just one of the forms of examples in stating the type of fasiq animals and it is not the basis for the regulation in argument and ruling for just the five stated animals. The Prophet PBUH also mentioned snake and gecko in another narration. (See Fath al-Bari, 4/44)
Imam Ibn Daqiq al-Id said: “This is clear according to indication through the nas (evidence) which state it is permissible to kill certain types of animals for its fasiq attribute, which is harmful and dangerous to humans.” (See Fath al-Bari, 10/208)
Imam al-Nawawi said that certain animals are called fasiq for it is just a nuisance and cause harm on roads usually travelled by animal mounts. (Syarh al-Nawawi 'ala Sahih Muslim, 14/97)
All fasiq animals mentioned have the same harmful and dangerous attribute that is a threat towards life. In another hadith, the number of animals is also different. However, all of them (the animals that is permissible to be killed) has been agreed by scholars as to the reason which is; they are dangerous, unbeneficial and harmful to humans. (See Syarh Sunan al-Nasa'ie al-Musamma Zakhirah al-Uqba fi Syarh al-Mujtaba, 24/390. Also see al-Jami' li Ahkam al-Quran, 8/184)
Conclusion
According to the above discussion, there are animals that are permissible to be killed in Islam. However, the truth of the matter is there is specific ‘illah (reason) such as its attribute of being harmful, dangerous and a threat in the lives of humans. Due to this, they are permissible to be killed. This could be analogically deduced with other animals which are harmful to humans such as hornet, centipede, poisonous spiders, snakes, crocodile and others like them.
May Allah SWT give us the knowledge and understanding in practising His every commandment and avoiding His prohibitions. Amin.