Can we eat the chicken burger at MCdonald?Some say zabiha of people of book is right?

ZABEEHA%0D%0A%0D%0AAlmighty Allah Ta'ala in His infinite mercy has made certain animals Halaal%0D%0A(permissible) for this Ummah. We are required to be thankful to Him by%0D%0Afollowing the dictates of the Qur'aan and Sunnah by ensuring that His name%0D%0Ais taken upon slaughtering of the animal. Allah Ta'ala states in the noble%0D%0AQur'aan:%0D%0A%0D%0A1. 'For every nation We have specified a rite (for slaughtering) so that%0D%0Athey may take the name of Allah Ta'ala upon (the slaughter of) the animals%0D%0Agranted to them as sustenance.' (Hajj 34)%0D%0A%0D%0A2. And consume not of that whereupon the name of Allah Ta'ala was omitted%0D%0A(at the time of slaughter). Indeed it is a transgression. Verily the%0D%0AShayaateen inspire their friends to cause division with you. If you obey%0D%0Athem, you are indeed Mushriks (ascribing partners to Allah).' (An`aam 122)%0D%0A%0D%0A3. 'So take the name of Allah upon them (at the time of slaughter) while%0D%0Athey stand in rows.' (Hajj 36). In reference to Camels which are slaughtered%0D%0Aby Nahr (a swift stab of the neck which severes the four arteries) while%0D%0Astanding.%0D%0A%0D%0A4. '. and such animals upon which they mention not the name of Allah only to%0D%0Afabricate a lie against him.' (An'aam 138)%0D%0A%0D%0A5. Forbidden to you are Maytah (carrion), flowing blood, the flesh of swine%0D%0Aand that slaughtered for other than Allah as well as the (animal) expiring%0D%0Aby strangulation, illness or pain, falling (from a height), by a wound%0D%0A(sustained through fighting) and by falling to a predator and (about to be%0D%0Aconsumed), excepting those (animals) upon which you effect Zaka (Shar'ee%0D%0Aslaugher). (Maaidah 3)%0D%0A%0D%0AFrom the above Aayaats, the following points are understood:%0D%0A%0D%0A1. Meat is not in the same category as other nutrients.%0D%0A%0D%0A2. The most important condition is that Tasmiyah (taking the name of Allah)%0D%0Abe pronounced at the time of slaughter. The Aayaats clearly explain the%0D%0Aimpermissibility of those animals whose slaughter was not preceded by%0D%0ATasmiya.%0D%0A%0D%0A3. The impermissibility of those animals whose lives were ended by means%0D%0Aother than Zabah (Shar'ee slaughter) of which Tasmiya is a condition. All%0D%0Asuch animals are Maytah (carrion) and are expressly forbidden.%0D%0A%0D%0A4. The Dhabeeha (animal slaughtered) by a Kaafir (non-believer) or Mushrik%0D%0A(polytheist) is Haraam (unlawful). However, those Ahlul Kitaab (people of%0D%0Athe book) who also hold the Aqeedah (belief) of Tasmiya at the time of%0D%0Aslaughter have been excluded from the Kuffaar majority.%0D%0A%0D%0A5. The Aayaat number 122 of An`aam explains consumption of meat not%0D%0Aslaughtered with Tasmiyah as Fisq - transgression and disobedience. The%0D%0AAayat then explains that to regard consumption of such meat as Halaal is%0D%0Anothing but a teaching of Shaytaan to cause division among the Ummah. The%0D%0AAayat also warns that obedience of Shaytaan in this matter is a kin to Shirk%0D%0A(ascribing partners to Allah).%0D%0A%0D%0AImaam Bukhari has quoted this same Aayat in his magnum opus under the%0D%0Achapter, 'Intentional Ommission of the Tasmiyah at the time of Slaughter' to%0D%0Athe same import as explained by Hafiz ibn Hajar, the renowned commentator of%0D%0ASahih Bukhari in the following words:%0D%0A%0D%0AImaam Bukhari (RA) wishes to point out by citing this Aayat the reproach%0D%0Aagainst using this Aayah as proof to legalise omission of Tasmiyah by%0D%0Ainventing baseless interpretations of the Aayat and understanding it in a%0D%0Amanner contrary to clear import.' (Fathul Bari vol.9 pg.778; Qadeemi)%0D%0A%0D%0AIntentional Omission of Tasmiyah neglectfully or our of Istikhfaaf%0D%0A(regarding it as insignificant)%0D%0AThe Jurists (Fuqahaa) have unanimously agreed that consumption of an animal%0D%0Aslaughtered by a Muslim with intentional omission of Tasmiya or regarding%0D%0Asuch as insignificant is unlawful (Haraam). Imaam Shaaf'ee (RA) has also%0D%0Aconcurred with this view. (Jawaahirul Fiqhvol.2 pg.388; Darul Uloom from%0D%0AKitaabul Umm and Tafseer Mazhari)%0D%0A%0D%0AImaam Abu Yusuf states:%0D%0A'The ruling regarding the animal upon which Tasmiyah was omitted (at the%0D%0Atime of slaughter) is not subject to Ijtihaad (independent deduction of a%0D%0Aruling from Qur'aan and Hadith). If a judge rules the permissibility of its%0D%0Asale, his ruling will not be given effect due to it being contrary to%0D%0Aconsensus of opinion.' (Ibid pg.390; Hidaaya)%0D%0A%0D%0AIt should be noted significantly that the above discussion of%0D%0Aimpermissibility is with regard to a Muslim slaughterer not to speak of a%0D%0Anon-Muslim.%0D%0A%0D%0AIn the case of a Muslim forgetfully omitting the Tasmiyah, the animal will%0D%0Abe permissible for consumption as is the ruling of all the four Madhaahib%0D%0Abased on the Hadith of Nabi (Sallallaahu Alayhi Wasallam), 'A believer%0D%0Aalways slaughters upon the name of Allah, whether he (remembers to) recites%0D%0Ait or not.' (Fathul Bari vol.9 pg.793; Qadeemi)%0D%0A%0D%0AAnimals Slaughtered by Moden Day Jews and Christians%0D%0A'The food of Ahlul Kitaab (people of the book) is lawful for you as is your%0D%0Afood for them.' (Maaidah 5)%0D%0A%0D%0ARegarding the word, 'Ta'aam' (food), ibn Abbaas, Ibn Umamah, Mujaahid and%0D%0Aothers (Radhiallaahu Anhum) say that it refers to slaughtered animals. This%0D%0Amatter (permissibility of these animals) is unanimously agreed upon by all%0D%0Ascholars since they also hold the belief of the prohibition of slaughter%0D%0Asave in Allah's name and also due to the fact that they mention only the%0D%0Aname of Allah Ta'ala upon their animals of slaughter. (Jawaahirul Fiqh vol.2%0D%0Apg.4040; from Ibn Katheer)%0D%0A%0D%0AThe reason for permissibility has been explained clearly by Allaamah ibn%0D%0AKatheer that due to the unity of belief regarding slaughter between Muslims%0D%0Aand the Jews and Christians of that particular time, Allah Ta'ala had%0D%0Apermitted consumption of their slaughter. The Ulama of the time had based%0D%0Atheir rulings on this very same reasoning.%0D%0A%0D%0AWhen this unity of belief came into doubt, many great Sahaaba (Radhiallaahu%0D%0AAnhum) had not hesitated to rule prohibition.%0D%0A%0D%0A'With regards to a Kitaabi, when he omits Tasmiyah (the name of Allah) upon%0D%0Ahis slaughter and takes some other name, his slaughter is not consumable.%0D%0AThis is the ruling of Abu Darda, Ubadah bin Saamit and large faction of the%0D%0ASahaaba (Radhiallaahu Anhum).' (Jawaahirul Fiqh vol.2 pg.407; Darul Uloom -%0D%0Afrom Bahrul Muheet)%0D%0A%0D%0ARegarding the Christian tribe of Banu Taghlib, Hadhrat Ali (Radhiallaahu%0D%0AAnhu) ruled the following:%0D%0A%0D%0A'Hafiz ibn Jawzi (RA) has narrated with his Sanad (chain of narrators) from%0D%0AAli (Radhiallaahu Anhu), 'Do not consume the slaughter of the Christians of%0D%0ABanu Taghlib since they have not held to any more of Christianity than their%0D%0Adrinking of wine.' (Ibid pg.460 - from Tafseer Mazhari)%0D%0A%0D%0AIt is a well-known fact that the majority of present day Christians and Jews%0D%0Ano longer hold to this Aqeedah (belief) regarding slaughter. They do not%0D%0Ahesitate to consume meat slaughtered by even Pagans and Mushriks%0D%0A(polytheists) and atheists. They have held to even less of Christianity than%0D%0Athe Banu Taghlib. Most of them are just Christians and Jews by name,%0D%0A'atheistic' in their beliefs and actions. Their abbatoirs employ machine%0D%0Aslaughter wherever possible and do not hesitate to employ pagans and%0D%0Apolytheists, e.g. Chinese, Koreans, etc. to carry our slaughter.%0D%0A%0D%0AThe Ruling%0D%0ABased on the above Juridical references, Qadhi Thanaullah (RA) a renowned%0D%0AJurist of his time states the following:%0D%0A%0D%0A'The correct and accepted view according to us is the first one that the%0D%0Aslaughter of the Ahlul Kitaab with intentional omission of Tasmiyah (taking%0D%0Athe name of Allah) or slaughter on some other name (besides that of Allah)%0D%0Ais not consumable, if this fact is ascertained with certainity or this is%0D%0Athe condition prevailing among them. By this, the prohibition (of the%0D%0ASahaaba) from consuming the slaughter of the Christian Arabs can be easily%0D%0Aunderstood. Likewise, the ruling of Ali (Radhiallaahu Anhu) (regarding the%0D%0ABanu Taghlib)' becomes clear. It is likely that Ali (Radhiallaahu Anhu) had%0D%0Aascertained that their omission of Tasmiyah upon slaughter or that they%0D%0Aslaughtered upon some other name (besides Allah). A similar ruling has been%0D%0Aissued regarding the non-Arab Christians that if it is their normal habit to%0D%0Aslaughter without Tasmiyah, their slaughter is not consumable. Concerning%0D%0Athe present day Christians there is no doubt in the fact that their methods%0D%0Ado not fulfil requirements of Shar'ee slaughter, but they usually cause the%0D%0Adeath of their animals by other lethal measures, e.g. machine slaughter,%0D%0Aetc. hence, their slaughter is impermissible.' (Jawaahirul Fiqh vol.2%0D%0Apg.411; from Tafseer Mazhari)%0D%0A%0D%0AThe Correct Understanding of the Hadith of Bukhari (cited by many people to%0D%0Ajustify their claims)%0D%0A%0D%0A"It has been narrated from Aaisha (Radhiallaahu Anha) that some persons said%0D%0Ato Nabi (Sallallaahu Alayhi Wasallam), 'People bring to us meat. We know not%0D%0Awhether the name of Allah Ta'ala has been taken (upon its slaughter) or not?%0D%0ANabi (Sallallaahu Alayhi Wasallam) replied, 'You people say Bismillah and%0D%0Aeat it.' Aaisha (Radhiallaahu Anha) says, 'the people referred to (in this%0D%0AHadith) were new Muslims.' (Bukhari vol.2 pg.828; Deoband)%0D%0A%0D%0AIt is clear that the slaughterers were Muslims, not disbelievers. This is%0D%0Afurther elucidated by Imaam Maalik (RA)'s narration (of the same Hadith)%0D%0Awhere the addition of, 'this was in the beginning of Islam.' (Fathul Bari%0D%0Avol.9 pg.792; Qadeemi) is found.%0D%0A%0D%0ATo believe that these people were non-Muslims is in fact tantamount to%0D%0Aaccusing the noble Sahaaba of Rasulullah (Sallallaahu Alayhi Wasallam) of%0D%0Athe heinous crime of consuming meat slaughtered by polytheists which is%0D%0Aexpressly forbidden in the Qur'aan:%0D%0A%0D%0A'Forbidden to you is carrion . till . and that slaughtered for other than%0D%0AAllah.' (Maaidah 3)%0D%0A%0D%0AThe actual meaning of this Hadith, as understood by similar narrations is%0D%0Athat one should not entertain unfounded doubts about a Muslim that he would%0D%0Aneglect to mention the name of Allah upon his slaughter.%0D%0A%0D%0A'This is what is understood by the context of the Hadith since the answer of%0D%0ANabi (Sallallaahu Alayhi Wasallam) to the question was, 'Say Bismillah and%0D%0Aeat.' It is as though they (questioners) were told, 'That is not your%0D%0Aconcern, rather what should concern you is to consume it (wholesomely in the%0D%0ASunnah manner) by saying Bismillah before partaking thereof.' (Fathul Bari%0D%0Avol.9 pg.793; Qadeemi)%0D%0A%0D%0AHafiz ibn Abdul-Barr (RA) has emphasised on this point very clearly:%0D%0A%0D%0A'Similarly, the slaughter of the Bedouin Muslims will be permissible (for%0D%0Aconsumption) since they usually know of the Tasmiya (at the time of%0D%0Aslaughter). Ibn Abdul Barr (RA) has concluded, 'In this Hadith, it is%0D%0Aunderstood that the slaughter of a Muslim should be consumed and he should%0D%0Abe regarded as having taken Tasmiyah upon its slaughter (even when one is%0D%0Anot certain about this fact) because with regards to a Muslim, one should%0D%0Aentertain nothing but good thoughts unless concrete evidence is established%0D%0Ato the contrary.' (Fathul Bari vol.9 pg.793; Qadeemi)%0D%0A%0D%0AThis import is borne out by other narrations of this same Hadith as follows:%0D%0A%0D%0A'The narration of Ibn Uyayna (RA) (one of the Huffaaz of Hadith) has the%0D%0Aaddition, 'accept their oaths and eat', i.e. take their word for it that%0D%0Athey have taken Tasmiyah upon slaughter (and partake without doubts). (Ibid%0D%0Apg.793)%0D%0A%0D%0AThe narration of Abu Sa'eed:%0D%0AImaam Tabrani has recorded the narration of Abu Sa'eed though with a%0D%0Adifference in wording that he said, 'accept their word that they have%0D%0Aeffected (Shar'ee) slaughter.' (and consume it without doubt). (Ibid)%0D%0A%0D%0AThe narration of Imaam Tahawi (RA):%0D%0A%0D%0ASome of the Sahaaba (Radhiallaahu Anhum) questioned Rasulullah (Sallallaahu%0D%0AAlayhi Wasallam) that, 'Some Bedouins bring to us meat, cheese and fat. We%0D%0Aknow not the condition of their Islam, (i.e. they are Muslims but of what%0D%0Acalibre, we are unaware).' Nabi (Sallallaahu Alayhi Wasallam) replied,%0D%0A'Check that which is prohibited by Allah and abstain therefrom. Whatever%0D%0AAllah Ta'ala has not discussed, he has concessioned you. Your Rabb does not%0D%0Aforget. Thus, say Bismillah (and partake). (Ibid)%0D%0A%0D%0AExplaining this Hadith, Allaamah ibn Teen comments:%0D%0A%0D%0AConcerning Tasmiyah upon slaughter carried out by others of which they are%0D%0Aunaware, there is no obligation upon them regarding it. The (slaughter) will%0D%0Aonly be held incorrect when such evidence is established.' Allah Ta'ala has%0D%0Anot made it obligatory upon any Muslim to be aware of Tasmiya upon the%0D%0Aslaughter of another Muslim, since the slaugher of another Muslim will be%0D%0Aalways regarded as correct (accompanied by Tasmiya) unless evidence is%0D%0Aestablished to the contrary. (Ibid pg.794)%0D%0A%0D%0AThe above should be sufficient to clarify any doubt in the meaning of the%0D%0AHadith of Bukhari.%0D%0A%0D%0AImportance of Muslim Unity with regards to Halaal Meat%0D%0AShaytaan is ever prepared to bring about division as this will inevitably%0D%0Alead to the collapse of the Muslim Ummah. In his untiring efforts, he has%0D%0Aoverlooked no sphere of life to cause his mischief even to the extent of%0D%0Anourishment. Allah Ta'ala has warned us of Shaytaan's inroads in this regard%0D%0Aas has been explained already. Shaytaan, possessed of a keen intelligence%0D%0Aand discernment knows full well that once the Muslims cannot interact and%0D%0Amix with one another due to suspicion in regards to Halaal and Haraam, this%0D%0Awill bring about the much awaited split in the global community of Islam. To%0D%0Acombat this, it is required that Muslims take courage and band together to%0D%0Asolve this problem, irrespective of colour and race, since the commands of%0D%0AAllah Ta'ala are universal. Due to this solidarity, the Muslims of South%0D%0AAfrica, although a minority (around 3 - 4 %) have progressed far ahead in%0D%0Aeliminating this problem. With a bit of extra physical and monetary%0D%0Asacrifice, they have managed to establish their own abattoirs in different%0D%0Aparts of the country.%0D%0A%0D%0AIf Muslims in other parts of the world who have, Alhamdulillah, become a%0D%0Asizeable community were to show such unity and get together, there is every%0D%0Aconfidence that the problem would be eliminated with little difficulty.%0D%0A%0D%0ATo conclude this, let us ponder upon the following words of Nabi%0D%0A(Sallallaahu Alayhi Wasallam):%0D%0A%0D%0AThe lawful is clear and the unlawful is clear. Between these lie matters of%0D%0Aconfusion. Regarding these, many are ignorant. Whomsoever falls into these,%0D%0Afalls into the unlawful, like a shepherd grazing (his flock) upon a%0D%0Asanctuary's perimeter, very soon falls into trespass. Beware! Every king%0D%0Aposesses a sanctuary and the sanctuary of Allah Ta'ala are His prohibitions.%0D%0ATake note! In the body resides a piece of flesh, upon its reformation is the%0D%0Aentire body's reform. Upon it's corruption is the whole body corrupted.%0D%0AListen! It is the heart.' (Arba'een Nawawiy)%0D%0A