Question:
Salam ustaz, is it permissible for someone to go fishing in paddy fields without the owner’s knowledge?
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.
In Malaysia, the activity of catching fish such as fishing is permissible according to syarak. The purpose is to seek sustenance given by Allah SWT to us so that we can worship Him. Furthermore, Allah SWT state in the Quran:
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَكُمْ وَلِلسَّيَّارَةِ
“Lawful to you is game from the sea and its food as provision for you and the travellers,”
Surah al-Maidah (96)
According to the above question, fishing in paddy field owned by others without permission is prohibited in Islam. This prohibition is mentioned in the Quran; where it states that it is prohibited to use or take other people’s properties without their permission for it is a violation of their rights.
Allah SWT state:
وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ
“And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful].”
Surah al-Baqarah (188)
Syeikh Ahmad Mustafa al-Maraghiy state in his commentaries, “those who dare to take the property of others, where their actions encourage others to do the same, they are among the people who committed oppression and it is a great offense.” (See: Tafsir Maraghiy, 1/374)
It is clear from the above verse, Allah SWT prohibit us from taking, using or transferring the property of others without their consent.
The scholars have discussed this issue. Imam Nawawi state under the chapter explaining the issue of eating fruits that falls from a tree, where the fruits that fall outside of the gate is the same as the fruits on the tree (it is prohibited for others without the permission of the owner).
However, there are two rulings for fruits that fall outside of the gate. First, if it is not usual for the owner to let others take the fruits that fall outside of his gate, then it is prohibited for others to take the fruits. Second, if it is the custom in the place that owners let others to take fruits that fall outside of his gate and one is certain the owner does not mind, then the fruits are permissible to be taken. This is the strongest opinion. (Refer: Al-Majmu’ Syarah Al-Muhazzab,9/54)
Regarding the case of fruits that fall inside the gate, the scholars have also discussed this issue. Scholars state that if the fruits are owned by family members or close friends, then the person who wants to take it is doubtful as to whether the owner would let him to take it, then it is prohibited for him. However, if the person believes (dzan) that the owner let him, then it is permissible for him to take them in the amount that he believes the owner would let him to take. (Refer: Mu’tamad fi al-Fiqh al-Syafi’I, pg.565)
Based on the above discussion, it is analogically deduced (qiyas) with the situation of fishing in other people’s paddy fields. If according to the custom of the place that it is not an offense and that he believes that the owner would let him to fish there, then it is permissible. The reason is, usually the fishes in paddy fields are not cared by the owner, but originated from drainage system that connects to the river. It is a different matter if the owner himself rework the system so that he made it specifically to farm fishes. It is also prohibited if there are clear signs put by the owner restricting people from trespassing his paddy fields. In this case, it is prohibited to trespass the paddy field and if one is caught, then he can be prosecuted under the law.
Wallahua’lam.