Question:
Assalamualaikum Dato’. What is the ruling of an income coming from the sale of animals that cannot be eaten such as pangolin?
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.
Mukadimah
Kamus Dewan (4th edition) defines pangolin as a scaly animal that has a long snout that helps it to eat ants and termites. The scientific name for pangolins is Manis javanica and pangolins are also known as Sunda Pangolin. The habitat for this animal is in the forests and fields of South Asian countries such as Malaysia, Brunei, Cambodia, Indonesia (Java and Sumatra Islands, Lesser Sunda, and Kalimantan), Laos, Myanmar and Vietnam. [1] This animal is on the verge of extinction due to illegal hunting by poachers for there is a high demand for pangolin’s scales, meat and blood, for there are claims that said they have high medical value and exotic taste. [2]
The Ruling for Eating Pangolins
There is no ruling on the issue of eating pangolins in any Islamic pieces of evidence of Al-Quran or the Prophet PBUH’s hadith. There’s also no commandment to kill or prevent the killing of this animal. When cases like this occur, the animal’s status depends on the opinions of the Arab community whether it is good or bad to eat it. If not in a desperate situation (darurat) and the Arabs considered it blameless to be eaten, then it is permissible. If they think that it is bad to be eaten, then it is prohibited. Refer to Matla’ al-Badrain (2/29).
Regarding pangolins, we did not find any clear statements from books of mazhab Syafie about whether it is permitted or prohibited. However, there’s a mentioning of pangolins in Sabila al-Muhtadin [3] (pg.258) that states the prohibition of eating pangolins: “(And it is prohibited) the mules and donkeys and any land animals with strong fangs that dominate others like a huge tiger, and a leopard, and a bear, and an elephant, and a lion and a dog, and a pig, and an ape, and a rhinoceros, cats, and wild cats, beavers [4], and foxes, and oriental civet [5], and squirrels, and pangolins, and frogs, and slow loris, and lizard, and skink.”
However, in Matla’ al-Badain (2/26) by Syeikh Muhammad bin Ismail Daud al-Fatani, chipmunks or squirrels is included in the permissible animals to be eaten. This is the same as written in other books from mazhab Syafie such as Tuhfatul Muhtaj and Nihayatul al-Muhtaj. If the factor of the prohibition of pangolins is because ‘it has strong fangs that dominate others’, then when analysing the skull of pangolins, we found that they do not have fangs or teeth as described above. However, as a precautionary step, we are inclined towards the opinion of Syeikh Muhammad Arsyad al-Banjari that prohibits pangolins from being eaten.
The Ruling of the Trade of Prohibited Animals to be Eaten
Islam set five conditions for any type of a valid trade:
- The item must pure and not najis
- The item has benefits for people
- The item must be handed to the buyer
- The item must be owned by the seller
- Both buyer and seller must know the type, rate and characteristics of the item
Refer al-Taqrirat al-Sadidah Qism al-Buyu` (page 14-15)
According to these conditions, the trade of pangolins is as follows:
- Pangolins are pure when it is alive for there are no evidences saying that it is najis such as dogs and swine. However, after death, we consider it prohibited, thus, the trade of pangolins is prohibited.
- Animals that are prohibited to be eaten, thus, the benefits of it being eaten is denied. Islamic scholars said that snakes, scorpions and rhinoceros beetle’s trade are invalid for there isn’t even any medical benefit. Elephants and domestic donkeys’ trade are permitted even if they are prohibited to be eaten for there are benefits from them, such as to be ridden or for carrying goods. Domestic cats’ trade is permitted if the cats are taught to get rid of mouses. Refer to Matla` al-Badrayn(2/46-47). However, pangolins’ skin (scales) is beneficial for people. Thus, it fulfils the second condition.
- If pangolins are proven to be beneficial, then it must be handed over to the buyer. It must also fulfil the fourth and fifth condition.
As a conclusion, a live pangolin can be traded. However, a dead pangolin is prohibited to be traded for carcasses are najis, with the exception of the skin, but it has to be cleansed through tanning first.
The Ruling of Hunting Pangolins in Malaysia
Allah SWT gave humans the trust and responsibility as the caliphs, to prosper on earth and protect it from being damaged, including keeping the fauna from extinction. On the contrary, many people are disobedient and corrupted the earth because of their greed and desires. Allah SWT call for these people to understand their acts of treachery by His word:
ظَهَرَ الْفَسَادُ فِي الْبَرِّ وَالْبَحْرِ بِمَا كَسَبَتْ أَيْدِي النَّاسِ لِيُذِيقَهُم بَعْضَ الَّذِي عَمِلُوا لَعَلَّهُمْ يَرْجِعُونَ
“Corruption has appeared throughout the land and sea by [reason of] what the hands of people have earned, so He may let them taste part of [the consequence of] what they have done that perhaps they will return [to righteousness].”
Surah al Rum (41)
Allah SWT reminds humans that animals are among many of His creations, though, with different rights and responsibilities:
وَمَا مِن دَابَّةٍ فِي الْأَرْضِ وَلَا طَائِرٍ يَطِيرُ بِجَنَاحَيْهِ إِلَّا أُمَمٌ أَمْثَالُكُم ۚ مَّا فَرَّطْنَا فِي الْكِتَابِ مِن شَيْءٍ ۚ ثُمَّ إِلَىٰ رَبِّهِمْ يُحْشَرُونَ
“And there is no creature on [or within] the earth or bird that flies with its wings except [that they are] communities like you. We have not neglected in the Register a thing. Then unto their Lord, they will be gathered.”
Surah al-An’am (38)
Imam al-Qurtubi said: “They, which are the animals, live in groups just like humans do, they are also the creations of Allah Azza wa Jall, that has been guaranteed sustenance and justice for them, thus don’t you mistreat them, and don’t transgressed what has been permitted by Allah.” Refer Tafsir al-Qurtubi (6/420)
It is clear that we as humans have a responsibility to protect animals including pangolins from extinction, for they are also among the creations of Allah SWT that deserve love and mercy from Allah SWT. If we betray this trust, they would rise in the hereafter to claim justice for the mistreatment that we have done towards them.
Pangolins are animals that are facing extinction due to excessive hunting by humans. Therefore, the Government of Malaysia has listed pangolins as a fully protected animal, even by licensed hunters, by Malaysian law. Actions can be taken under Section 68 (2) (a) of the Wildlife Conservation Act 2010 [Act 716], to preserve the Pangolin (Manis javanica), as a fully protected wildlife under the Second Schedule [Act 716] for more than twenty heads, without a special permit. If convicted, hunters and sellers are liable to a fine of not less than RM50,000 and not more than RM100,000.00 or imprisonment not exceeding three years or both.
We believe that the Government of Malaysia is an Ulil Amri (lawmakers) who can make laws based on the principle of preserving the pangolin species from extinction. Therefore, we fully support the efforts of the Government of Malaysia to ban hunting and trafficking of pangolins. We state that the ruling of receiving payment from the sale of pangolins, including other fully protected animals, is prohibited according to the Siyasah Syariyyah, even though the sale is valid originally, like the ruling of praying while wearing stolen clothes and trade after adhan for Friday prayer. Ulil Amri reserve the right to impose ta'zir penalties, including seizing the merchandise, subject to the date of implementation and enforcement of the law. Allah SWT state:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
“Have you not seen those who claim themselves to be pure? Rather, Allah purifies whom He wills, and injustice is not done to them, [even] as much as a thread [inside a date seed].”
Surah al-Nisa’ (49)
Conclusion
We advise people not to engage in trade of any items that are prohibited by the Government of Malaysia, especially for animals protected by law. This is due to the fact that the law protects animals such as pangolins from the dangers of extinction and for species conservation. These are among the things that the Prophet PBUH considered in setting country policies. From Abdullah bin Mughaffal RA, the prophet PBUH said:
لَوْلَا أَنَّ الكِلَابَ أُمَّةٌ مِنَ الأُمَمِ لَأَمَرْتُ بِقَتْلِهَا كُلِّهَا، فَاقْتُلُوا مِنْهَا كُلَّ أَسْوَدَ بَهِيمٍ
"If it were not that dogs were part of a nation among the nations, then I would order to that all of them be killed. So, kill every one of them that is all black."
Sunan al Tirmizi (1486)
From Jabir bin Abdillah RA, he said:
أمَرَنا رَسُولُ اللهِ صلى الله عليه وسلم بِقَتْلِ الكِلابِ ، حَتَّى إِنَّ المَرْأةَ تَقْدُمُ مِنَ البَادِيَةِ بِكَلْبِهَا فَنَقْتُلُهُ ، ثُمَّ نَهَى النَّبيُّ صلى الله عليه وسلم عَنْ قَتْلِهَا ، وَقَالَ عَلَيْكُمْ بِالأسْوَدِ البَهِيمِ ذِي النُّقْطَتَيْنِ فَإنَّهُ شَيْطَانٌ
“Allah's Messenger PBUH ordered us to kill dogs, and we carried out this order so much so that we also kill the dog coming with a woman from the desert. Then Allah's Apostle PBUH forbade their killing. He (the Prophet PBUH further) said: It is your duty the jet-black (dog) having two spots (on the eyes), for it is a devil.”
Sahih Muslim (1572)
Imam al Nawawi rahimahullah (w.676) comments on this hadith in al-Minhaj, which states:
فَقَالَ إِمَامُ الْحَرَمَيْنِ مِنْ أَصْحَابِنَا أَمَرَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَوَّلًا بِقَتْلِهَا كُلِّهَا ثُمَّ نُسِخَ ذَلِكَ وَنُهِيَ عَنْ قَتْلِهَا إِلَّا الْأَسْوَدَ الْبَهِيمَ ثُمَّ اسْتَقَرَّ الشَّرْعُ عَلَى النَّهْيِ عَنْ قَتْلِ جَمِيعِ الْكِلَابِ الَّتِي لَا ضَرَرَ فِيهَا سَوَاءٌ الْأَسْوَدُ وَغَيْرُهُ
“Imam al-Haramain, a colleague of ours (Syafieyyah scholar) said, the Prophet PBUH commanded to kill all dogs only at the beginning, but then the instruction is abrogated to killing only all black dogs. Islamic ruling set the prohibition of killing all dogs, except that causes harm, may it be a black dog or not.”
Refer Syarh Sahih Muslim (10/235)
Imam Ibn Qutaibah rahimahullah (w.276) in Tanwil al-Mukhtalaf al-Hadith (pg. 208-209) in commenting on this hadith said, all black dogs are the most harmful and strongest and that they cause severe injuries. They are among the least beneficial for they lack the skill to protect (property and farm animals), they have inferior hunting skills and are frequently sleepy. They are called as shaytan for they cause harm and disturb people, just as when other humans are called shaytan, for they emulate the bad characteristics of shaytan, such as an attacking lion or wolves or a cunning fox, they are just parables. It could also mean the dog is from a type of jinn or influenced by jinn, so the dogs are killed because they are shaytan and would bring harm to people, for it is known that shaytan is from disobedient jinn. As to the reason why all dogs are killed in Medina, it may be because, during the time of the Prophet PBUH, revelation is sent down by Allah SWT through His angels, but angels will not enter a house that has dogs or pictures in it.
Thus, we emphasize the ruling for the trade of live pangolin and its cleansed skin through tanning is permitted, but a country can ban any type of trade after considering the pros and cons of the trade. For the payment received for the trade, it is permissible originally but can fall into syubhah which is close to prohibition, if the trade would contribute to the extinction of endangered species. Thus, it would be best to avoid any income from doubtful sources for a blessed life.
Wallahua’lam.
Endnote:
[1] https://en.wikipedia.org/wiki/Sunda_pangolin
[2] http://edition.cnn.com/interactive/2014/04/opinion/sutter-change-the-list-pangolin-trafficking/
[3] A book that was written by Syeikh Muhammad Arsyad al-Banjari Rahimahullah in 1779 M (1193 H) during the ruling of Sultan Tamjidullah. This book is a book that explains about the knowledge of fiqh in mazhab Syafi'e with commentaries and explanations from other scholars of mazhab Syafi'e books, such as Syarah Minhaj by Syaikhul Islam Zakaria al-Ansari, al-Mughni by Syeikh al-Khatib al-Syarbini, al-Tuhfah by Syekh Ibnu Hajar Al-Haitami, al-Nihayah by Syeikh Ar-Ramli a few matan, syarah and other commentaries. He is from Tanah Banjar, South of Kalimantan, Indonesia. Refer https://id.wikipedia.org/wiki/Sabilal_Muhtadin.
[4] Another name for otter.
[5] Also known as Malay civet or Malayan civet; a type of fox and its scientific name is Viverra tangalunga.