Applicable Translations Indonesia عربي

282. Chapter on Forbidding to Punish a Slave, Animal, Woman, Son Without a Sharia-approved Reason or Beyond the Limit of Discipline

Allah Almighty says: {Be kind to parents, relatives, orphans, the needy, near and distant neighbors, close friends, wayfarers, and slaves whom you own. For Allah does not like those who are arrogant and boastful.} [Surat al-Nisā’: 36]

1600/1 - Ibn ‘Umar (may Allah be pleased with him and his father) reported that the Prophet (may Allah’s peace and blessings be upon him) said: “A woman was tortured because of a cat which she had kept locked up until it died, and she was thrown into Hell for that. She neither gave it food or drink when she locked it up nor freed it so that it would eat from the vermin of the earth.” [Narrated by Al-Bukhāri and Muslim]

Vermin of the earth: its pests and insects.

Guidance from the Hadīth:

1) It is forbidden to torture an animal, and it is encouraged to treat it kindly.

2) A person may do some unjust deeds that he considers insignificant, while they are huge in the Sight of Allah, and causes him to be cast down in Hellfire.

Benefit:

It is deduced from the Hadīth that it is permissible to keep pets, like birds and fish for instance, on condition that one provides them with the needed care of shelter, food, and water.

1601/2- It is also reported that Ibn ‘Umar (may Allah be pleased with him and his father) once passed by some young men of the Quraysh who had tied a bird and made it a target at which they were shooting arrows. Every arrow that they missed became the possession of the owner of the bird. When they saw Ibn ‘Umar, they dispersed. Thereupon, Ibn ‘Umar said: “Who did this? May Allah curse whoever did this. Verily, the Messenger of Allah (may Allah’s peace and blessings be upon him) invoked curse upon whoever makes any living creature a shooting target.” [Narrated by Al-Bukhāri and Muslim]

A shooting target: a target of marksmanship, as in archery or the like.

1602/3- Anas (may Allah be pleased with him) reported: “The Messenger of Allah (may Allah’s peace and blessings be upon him) forbade using (live) animals as targets.” [Narrated by Al-Bukhāri and Muslim] The Hadīth means that animals should not be locked up in a place to be shot dead in target practice.

Guidance from the Hadīths:

1) It is forbidden to detain animals in order to use them as targets of shooting arrows or for amusement purposes because this involves torturing them.

2) The magnificent mercy of Allah, the Exalted, towards His creation is so extensive that it encompasses even small and weak animals.

3) Enjoining good and forbidding evil is obligatory, as reflected by the attitude of the honorable Companion ‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) with the young men.

1603/4- Abu ‘Ali Suwayd ibn Muqarrin (may Allah be pleased with him) reported: “I was one of seven children of Muqarrin, and we had no servants except one slave woman. The youngest of us slapped her, so the Messenger of Allah (may Allah’s peace and blessings be upon him) commanded us to set her free.” [Narrated by Muslim] Another narration reads: “I was one of seven siblings...”

1604/5- Abu Mas‘ūd al-Badri (may Allah be pleased with him) reported: “I was flogging a slave-boy of mine when I heard a voice behind me saying: ‘Be aware, Abu Mas‘ūd,’ but I did not recognize the voice due to intense anger. When he came near to me, it was the Messenger of Allah (may Allah’s peace and blessings be upon him) and he was saying: ‘Be aware, Abu Mas‘ūd; be aware, Abu Mas‘ūd.’ So I dropped the whip from my hand. Thereupon, he said: ‘Be aware, Abu Mas‘ūd, that Allah has more power over you than you have over this slave-boy.’ So I said: ‘I will never beat another slave again.’” Another narration reads: “so the whip dropped from my hand in awe of him.”

According to another narration: “I said: ‘O Messenger of Allah, he is free for the sake of Allah.’ So he said: ‘If you had not done this, you would have been singed by the Fire.’” [Narrated by Muslim in all these versions]

1605/6 - Ibn ‘Umar (may Allah be pleased with him and his father) reported that the Prophet (may Allah’s peace and blessings be upon him) said: “Whoever beats his slave boy or slaps him for something that he did not do, the expiation for that is to set him free.” [Narrated by Muslim]

Guidance from the Hadīths:

1) Setting a slave free as expiation for beating him is an aspect of the justice of the Shariah, as it imposes on the offender a procedure that is contrary to his purpose.

2) The Shariah encourages kind treatment to servants and slaves, repelling harm from them, and prohibits torturing or assaulting them.

3) The awe of the Messenger of Allah (may Allah’s peace and blessings be upon him) in the sight of his Companions, their keenness on complying with his words and actions, and benefiting themselves with his advice. Thus, it is incumbent upon Muslims to follow their example in tracing the Hadīths of the Prophet (may Allah’s peace and blessings be upon him) and acting upon them, as they are the way to guidance and salvation in the worldly life and the Hereafter.

1606/7- It was reported that Hishām ibn Hakīm ibn Hizām (may Allah be pleased with him and his father) happened to pass by some (non-Arab) peasants of Syria who were made to stand in the sun and oil was poured on their heads. He said: “What is this?” He was told that they were detained for failing to pay Kharāj (tax). Another narration says that they were detained for not paying Jizyah. Thereupon, Hishām said: “I bear witness that I heard the Messenger of Allah (may Allah’s peace and blessings be upon him) saying: ‘Verily, Allah tortures those who torture people in this world.’” Then he proceeded towards the governor and reported this Hadīth to him. The governor then issued orders for their release. [Narrated by Muslim]

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Guidance from the Hadīth:

1) It is prohibited to punish people without a rightful cause, even if they are disbelievers who have a covenant with the Muslims. Injustice is absolutely prohibited among people.

2) The Hadīth highlights the excellent behavior of the Companions (may Allah be pleased with them) and the Tabi‘ūn as reflected in the sincere advice they offered to the ruler, and their enjoining of good and forbidding of evil.

1607/8- Ibn ‘Abbās (may Allah be pleased with him and his father) reported: “The Messenger of Allah (may Allah’s peace and blessings be upon him) saw a donkey that had been branded on the face. He disapproved of that.” Ibn ‘Abbās then said: “By Allah, I shall not brand it but of the part most distant from the face.” He then commanded that his donkey be branded on its hips. He was the first to brand an animal on the hips. [Narrated by Muslim]

1608/9- He also reported that once the Prophet (may Allah’s peace and blessings be upon him) saw a donkey that had been branded on its face, so he said: “May Allah curse the one who branded it!” [Narrated by Muslim]

According to another narration by Muslim, the Messenger of Allah (may Allah’s peace and blessings be upon him) forbade striking the face and branding on the face.

Words in the Hadīth:

Brand: a mark made on something.

Guidance from the Hadīths:

1) It is forbidden to slap the face and brand an animal on its face. This is a sin that makes the doer deserving of the threatened punishment.

2) It is permissible to brand animals in any body part other than the face, as reported in the guidance of the Prophet (may Allah’s peace and blessings be upon him).

3) It is forbidden to torture and hurt animals.

Note:

The Hadīths illustrate how the Islamic law is merciful to animals, as it forbids torturing and hurting them. Hence, it is deduced that the Islamic law is merciful to humans with greater reason. In fact, the guidance and teachings of Islam addressed this issue quite a long time before the animal-welfare advocates.