Rulings on hunting

Praise
be to Allah.

Firstly: 

The basic principle concerning hunting land game is that it is permissible,
except for one who is in a state of ihram for Hajj or ‘umrah, or is within
the boundaries of the Haram zone even if he is not in ihram. 

With regard to fishing and catching other kinds of seafood, it is
permissible for the one who is in ihram and others alike. 

Whoever hunts permissible animals in order to benefit from them by selling
them to earn money, or eating them, giving them as gifts, and so on, there
is nothing wrong with that according to scholarly consensus. 

Please see the answer to question no. 152261 

Secondly: 

The rulings on hunting have to do with the hunter, the prey and the “tools”
used. We will explain this matter in brief. 

1.

With regard to the stipulations required of the hunter for his hunting to be
acceptable, they are as follows: 

·       
He should be of
sound mind and have reached the age of discernment. This is the view of the
majority of fuqaha’ (Hanafis, Maalikis and Hanbalis, and it is one view
among the Shaafa‘is). 

That is because a minor who has not reached the age of discernment is not
qualified to slaughter an animal, in their view, (and if he does that, it is
not regarded as acceptable and the meat is not halaal); by the same token,
he is not qualified to hunt. Moreover, hunting requires the intention and
invoking the name of Allah, which are not valid if done by one who is not of
sound mind, as was explained by the Hanafis and Hanbalis. 

·       
He should not be
in ihram. If he is in ihram for Hajj or ‘Umrah, then any game caught by him
is not to be eaten; rather it is regarded as maytah (“dead meat”, from an
animal that was not slaughtered in the prescribed manner). 

·       
It should be
permissible to eat meat slaughtered by him – i.e., he should be a Muslim or
a kitaabi (one of the People of the Book, Jewish or Christian). It is not
permissible to eat game hunted by a mushrik (polytheist), Magian
(Zoroastrian), communist, atheist, apostate and the like. 

Based on that, it is not permissible to eat game hunted by one who does not
pray altogether, and it is not permissible to eat meat slaughtered by him,
because he is a disbeliever and apostate.

Please see the answer to question no. 106051 

·       
It is stipulated
that the hunter must invoke the name of Allah, may He be exalted, when
releasing his hunting animal or shooting. That is according to the majority
of Hanafi, Maaliki and Hanbali fuqaha’. 

·       
It is stipulated
that the hunter should intend by releasing his hunting animal or shooting to
catch that which it is permissible to hunt. If he releases an arrow or
hunting animal against a human being or tame animal, it is not permissible. 

2.

With regard to the stipulations on the prey, it should be an animal whose
flesh may be eaten, i.e., it should be permissible to eat. This is the view
of all the fuqaha’, if the hunt is for the purpose of eating. 

With regard to hunting in general terms, they differed concerning it. 

The Hanafis and Maalikis are of the view that there is no stipulation that
the prey should be an animal whose flesh may be eaten; rather in their view
it is permissible to hunt both animals whose flesh may be eaten and those
whose flesh may not be eaten, for the purpose of obtaining its skin, hair or
feathers, or to ward off its evil (i.e., if it is posing a danger to
people). 

With regard to the Shaafa‘is and Hanbalis, they do not regard it as
permissible to hunt or slaughter any animal whose flesh may not be eaten. 

·       
The prey should be
a wild animal that is too difficult to capture because it runs very fast or
flies away. What is meant by wild is one that is wild by nature and cannot
be caught except by means of tricks. As for tame or domesticated animals
that have owners, it is not permissible to hunt them. 

·       
It should not be
one of the game animals of the Haram zone. The fuqaha’ are unanimously
agreed that it is prohibited to hunt in the Haram zone any land animals –
i.e., those that reproduce on land – regardless of whether their flesh may
be eaten or not.

·       
The animal should
not disappear from the hunter’s view for a long time if he does not go and
look for it. If the prey disappears from his view, and he does not go and
look for it, then it cannot be eaten. But if it does not disappear, or it
disappears but he does not fail to go and look for it, it may be eaten. This
is a point on which the fuqaha’ agree in general. 

·       
If he shoots at
the prey and part of its body is severed from it, but the animal is still
alive, it is haraam to eat the severed part. There is no difference of
opinion among the fuqaha’ concerning that, because of the words of the
Prophet (blessings and peace of Allah be upon him): “Whatever is cut from an
animal when it is alive is maytah (‘dead meat’).” Narrated by Abu Dawood
(2858); classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

If
it is still alive, it must be slaughtered in the prescribed manner or else
it too is haraam, according to scholarly consensus. 

With regard to sea animals, none of these conditions are stipulated with
regard to them. 

According to the majority of fuqaha’ (Maalikis and Hanbalis; it is also the
more correct view among the Shaafa‘is), it is permissible to catch and eat
all sea animals, whether they are fish or otherwise, because of the words of
Allah, may He be exalted (interpretation of the meaning):
“Lawful
to you is (the pursuit of) watergame and its use for food”
[al-Maa’idah 5:96],
i.e., hunting or catching it. 

So
all sea creatures that live only in water are halaal, whether they are
caught alive or dead. 

Please see also the answer to question no. 182508 

3.

With regard to the “tools” used for hunting, they are of two types:
inanimate or animate. 

(i)   
Inanimate “tools” 

·       
It is stipulated
that the tool should be sharp so that it can pierce or cut the flesh,
otherwise the meat is not permissible unless the animal is slaughtered in
the prescribed manner.  

It
is not stipulated that the tool should be made of metal; rather it is
acceptable to hunt with any sharp tool, whether it is made of metal or hard
wood or stone that has been sharpened to a point, or similar materials that
may pierce the body. 

·       
It is stipulated
that the sharp edge should strike the prey and wound it, and it should be
possible to ascertain that death was caused by this wounding, otherwise it
is not permissible to eat it, because that which is killed by the blunt edge
of the tool or its weight is regarded as having been killed by a violent
blow, and is not permissible. 

·       
It is permissible
to hunt with bullets; whatever is shot with bullets, such as birds, rabbits
and gazelles, and the name of Allah was invoked over it at the moment of
opening fire, is halaal and may be eaten, even if it is found dead. 

For more information, please see the answer to question no.
121239. 

·       
The fuqaha’ are of
the view that it is not permissible to hunt with poisoned arrows if it is
certain or thought most likely that the poison will help to kill the prey or
that is possible, because two factors – one permissible and one prohibited –
are combined in its killing, therefore the prohibited factor is deemed to
take precedence; the same applies if both a Magian and a Muslim shoot arrows
to kill the animal. But if it is not possible (that the poison could kill
the animal), then it is not haraam to eat it. 

(ii) 
Animate “tools” 

It
is permissible to hunt with trained animals, such as dogs, or other
carnivores and birds which have fangs and talons, respectively. Trained
dogs, lynxes, tigers, lions, falcons and other trained hunting-animals, such
as various types of falcons, hawks and eagles are all the same in that
regard. 

The basic principle is that in general terms it is permissible to hunt with
anything that may be taught and trained. 

With regard to hunting-animals, the following conditions are stipulated 

·       
The animal should
be trained, according to the consensus of the fuqaha’, because Allah, may He
be exalted, says (interpretation of the meaning): “And
those beasts and birds of prey which you have trained…”
[al-Maa’idah 5:4]. 

·       
The animal should
wound the prey in any part of its body, according to the Maalikis and
Hanbalis; this is also the apparent meaning of the report and fatwas of the
Hanafis, in contrast to the view of the Shaafa‘is.. If the hunting animal
kills it by a blow or bites it without causing a wound, it is not
permissible, as in the case of an arrow if it kills it with its blunt edge
or weight. The same applies if the hunter releases the dog and it catches
the prey and breaks its neck, but does not wound it, or it jumps on its
chest and suffocates it. 

·       
The hunting-animal
should be released by a Muslim or kitaabi (a Jew or a Christian), along with
invocation of the name of Allah. If it goes forward by itself or runs away
from its master, or he forgets to invoke the name of Allah when releasing
it, then it catches some prey and kills it, it is not to be eaten. This is
in general terms 

·       
The animal should
not be distracted by something else after it is released, so that the catch
will be a direct result of it being released. This condition is stated by
the Hanafis and Maalikis. 

·       
The fuqaha’ are
unanimously agreed that if one whose catch is permissible, such as a Muslim
or Christian, hunts in partnership with one whose catch is not permissible,
such as a Magian or idol-worshipper, then whatever they catch is haraam and
cannot be eaten. This is based on the principle that the factor that makes
it prohibited takes precedence over the factor that makes it permissible. 

Based on that, if a Magian works with a Muslim, such as if they both shoot
the prey or they both release a hunting animal to catch it, what is caught
is haraam, because both permissible and prohibited factors were present in
killing it, so we give precedence to the factor that makes it prohibited in
this case. 

See: al-Mawsoo‘ah al-Fiqhiyyah (28/117-142) 

Thirdly: 

If
the laws and regulations of the state do not permit hunting and they
prohibit it, then it is not permissible to hunt, because that is contrary to
the regulations of the state which you entered with a visa and a work
contract, so you have to abide by whatever they have stipulated. By
admitting you to their country, they only allow you to adhere to its
regulations and laws. In most cases, when the state prohibits hunting it is
in the public interest, and in that case you must abide by those
regulations. 

Even if we assume that it is not obligatory to abide by those regulations,
going against them exposes one to the risk of punishment and perhaps to
expulsion from the country. The wise person does not try to do things that
may bring harm to him or his family. 

Please see also the answers to questions no. 109188
and 182467

And Allah knows best.