Question
A certain organisation is providing a qurbani service. Their policy is that NO one doing their qurbani through them is allowed to specifically choose their animal from the pen. On the day of slaughter the animals will be lined up for slaughter in no specific order. Generally they slaughter approximately 120 animals (all goats). So a list is made based on a first come first serve basis. For example, Ahmed's name appears as Number 30. Therefore Ahmed's animal will be the 30th slaughtered animal. After slaughter the heads and trotters and internal organs are removed, the animal is skinned and a tag with the number of that animal is placed on the carcass only. When collection happens then the heads, trotters and internal organs are collected in no specific order, e.g. Ahmed can collect the head for goat number 55 and the trotters for goat number 72 and the internal organs for goat number 100. Is this be ok? Is Ahmed not entitled to collect his goat's (number 30's) head, trotters and internal organs? Is this system valid according to the Shariah?
Answer
The whole system from beginning to end is baatil and haraam. Firstly the sale of the animals in this manner is faasid. It is Waajib to cancel a faasid sale. It is haraam to derive use and benefit from the product of a faasid
sale. The faasid sale is in the category of Riba.
Since the Shariah's ruling was not followed regarding the 120 Faasid sales, the thawaab of the Qur'baani is destroyed and lost. The participants in the faasid sales are sinful. While we hesitate to say that the Qur'baani itself is not legally valid in terms of the Shariah, in practical effect in terms of the Aakhirah, it is baatil in view of the negation of the thawaab which is the primary mot i v e f o r m a k i n g Qur'baani.
If the purveyors of this Qur'baani project refuse to follow the Shariah, it will be haraam to deal with them. They should understand that they are making a profit of between R300 and R500 on each goat. If they are not concerned with thawaab, then at least they should have sufficient brains to safeguard the tens of thousands of rands of profit they will be making in the short 3 day Qur'baani period.
When all the souls of entire mankind were assembled in the spiritual realm long before the physical creation of people, they were not gathered in any orderly manner such as in rows. Some were at a distance from others; some were facing each other; some faced those whose backs were towards them.
The effect of this manner manifests in even this worldly life. Those who were close by facing one another, develop mutual love and affinity in this earthly life. Those whose backs were towards one another become strangers or enemies on earth. The soul which faced the one whose back was towards it, develops love for that person, whilst the other one does not reciprocate. An example is the relationship between Hadhrat Mugheeth (Radhiyallahu anhu) and his wife Had h r a t B a r e e r a h (Radhiyallahu anha). She was first a slave. Hadhrat Aishah (Radhiyallahu anha) had purchased and set her free. On attaining her freedom, being aware of the mas'alah, she annulled her marriage and separated herself from her h u s b a n d . H a d h r a t Mugheeth (Radhiyallahu anhu) was deeply in love with her. He walked in the alleyways grief stricken and sobbing at the separation, begging her to return. But she was adamant in her refusal. Feeling pity for Hadhrat Mugheeth, Rasulullah (Salla llah u ala yh i wasallam) interceded on his behalf and advised Bareerah (Radhiyallahu anha) to return to him. She asked: 'O Rasulullah! Do you instruct me to return to him or do you advise me." Rasulullah (Salla llah u ala yh i wasallam) said that he was merely advising her. She said that since it was not an instruction she chose not to return to him." (She utilized her Shar'i right, and Nabi - S a l l a l l a h u a l a y h i wasallam - did not reprimand her nor was he annoyed.)
(Hadhrat Maulana Ashraf Ali Thanvi)
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 01
- PDF page
- 8
Verbatim verified against the source PDF
Appears under INTERFAITH KUFR. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.