Tuesday, September 3, 2013

Dought & clear - What is the ruling on eating beef that the country imports via smuggling and bribery?

I am from Bangladesh and the state cannot provide beef for its
inhabitants who number one hundred and forty million. On theother side
of the border,India is a huge country and they do not eat beef and
some states in India do not allow the Muslims to eat beef. Hence the
demand for cattle in Bangladesh hasled to a huge trade in smuggling
the animals, because India does not sell cattle legally. Hence some
people smuggle thousands of cattle to Bangladesh every day, and they
pay bribes at the Indian border and at the Bangladeshi border for the
purpose of smuggling.
My question is: 99% of the meat that is available – and the cows that
are slaughtered on Eid – are smuggled illegally from India.
Is it permissible for us to eat the meat of cattle that come to us by
means of bribery and smuggling?
Praise be to Allah.
There is no sin on you for buying beef in your country and eating it,
even if smuggling is widespread, for the following reasons:
Firstly:
The basic principle is that it is permissible to eat meat that is sold
in Muslim markets without asking or enquiring into its origin and
source, on the grounds that what appears to be the case is that the
meat is being sold in a permissible manner in a legitimate
marketplace; so the Muslim should not concern himself with asking
questions or examining details. The Mother of the Believers 'Aa'ishah
(may Allah be pleased with her) narrated that some people said: O
Messengerof Allah, some people bring meat to us and we do not know
whether they mentioned the name of Allah over it or not. The Messenger
of Allah (blessings and peace of Allah be upon him) said: "Say the
nameof Allah over it and eat it."
Narrated by Muslim in hisSaheeh(2057).
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
We learn from this that everything that is found in the markets of the
Muslims may be taken as legitimate.
End quote fromFath al-Baari(9/635).
Ibn al-Qayyim (may Allah have mercy on him) said:
(The scholars) were unanimously agreed that it is permissible to buy
meat without askingfor proof that it is halaal,being content with the
word of the slaughterer and the seller.
End quote fromI'laam al-Muwaqqi'een(2/181)
Secondly:
If we assume that there is something wrong, it only affects the one
whois doing the smuggling and breaking the law. Asfor the buyer
himself, heis not committing any sin or doing anything wrong, and he
is not helping in any sin or transgression. Allah, mayHe be glorified
and exalted, says (interpretation of the meaning):
"No person earns any (sin) except against himself (only), and no
bearer of burdens shall bear the burden of another. Then unto your
Lord is your return, so Hewill tell you that wherein you have been
differing"
[al-An'aam 6:164].
Thirdly:
Beef that has been slaughtered properly is halaal meat according tothe
consensus of the fuqaha', and it does not become haraam if it reaches
the country by illegal means. The prohibition [on smuggling] does not
apply to the meat itself, contrary to the case if the cow is
slaughtered in a way that is not prescribed in Islam, such as if the
name of Allah is not mentioned over it orit is slaughtered in a manner
other than that used by the Muslims. In that case its meat is haraam.
As for smuggling, the prohibition does not make the meat haraam;
rather the wrongdoing in this case is limited to breaking the law of
the land.
Fourthly:
The fact that the people would suffer a great deal of hardship if a
fatwa were to be issued forbidding them to buy this meat is sufficient
evidence that it is permissible. According to what is mentioned in the
question, the vast majority of the meat that is sold in the
marketplaces comes from the smuggling mentioned. Moreover, there would
be a huge rise in prices if this source of meat was banned. The basic
shar'i principle on which thereis scholarly consensus says that
hardship makesit permissible to be lax inimplementing shar'i rules.
To sum up:
Regardless of the laws ofthese countries and whether they allow the
importing of cattle or not, and regardless of the extent to which that
serves the interests of the people or not, none of that has any impact
on the meat of these cattle, even if the consumer is certain that it
comes from smuggled cattle.
And Allah knows best.

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