General Rules of Jurisprudence Lesson 25

1. General Rules of JurisprudenceLesson 25 The of the Market of Muslims is an indication of a legal slaughter Part two SOOQIL MUSLIMEEN EMARAH ALA ATTAZKIYA Hand of a Muslim The market is an indication Analyzing the point All the Muslim sects without any difference Made in Islamic lands Some implementations

2. Hand of a Muslim • The rule states that the market of Muslims is indication of the meat being legally slaughtered (TAZKIYA), so if the meat was not obtained from the market of the Muslims directly, but given through the hand of a Muslim, such as a gift, or an invitation to his house or sold by a hand of a Muslim not in the market, so if a doubt was created will that meat still be considered HALAAL and have the same rule as the rule of the market of the Muslims? • Yes it will, because the reason of market of the Muslim is an indication of a meat or a skin being HALAAL is that the market indicates that the seller in it was a Muslim, and it is purchased through the hand of a Muslim, so if the source of the meat was not the hand of a Muslim, then the rule would not have a positive affect in indicating the TAZKIYA. • The market of Muslims does not have any individual property, except for the sellers are Muslim hands.

3. The market is an indication (EMARAH) • Why is the market indication, is it a logical point or just mere religious point, because the religious authority has commended us to do so? • Both points are there, the religious authority has commanded us and there is an intellectual point behind it. • The intellectual point or the logic behind it is that mostly the Muslims are concerned about the HALAAL meat and the ZABEEHA, that means to give them the benefit of doubt, and not to accuse them for not implementing the law, because if a person blames or accuses a Muslim of doing wrong (not selling HALAAL meat) then he is violating the law of innocence or a person is innocent until proven guilty. So in a doubtful situation it will be dealt as if a Muslim has fulfilled his responsibilities. And is selling proper meat or skin or has slaughtered properly.

4. Four points of consideration: • The majority must be Muslims in such market, if the majority is not Muslim, then the doubtful meat cannot be considered HALAAL. (now a days it is easy to define because the products have MADE IN label, so it can easily be know that it is from an Islamic country or a city with the majority of Muslims, but if the item did not have such label, then if such item was from a market which is of Muslim majority then it will be considered HALAAL), (If a Muslim country does not have locally produced meat or it is very less, and most of the meat is Imported from non Muslim country or exporter, then the unknown meat in such country will be dealt as non Muslim country)

5. 2nd point: Imported products • If animal products were imported from non Islamic countries, such shoes or belts or wallets or meat or any other products, and it was known (not a doubt or accusation) that the Muslim was careless about the rules, and all what he cared about was earning profits without any heed to Islamic laws, then such persons doubtful animal products can not be considered HALAAL based on this rule.

6. 3rd point: Islamic market but non Islamic products • If we were sure that some store of an Islamic market, contained non HALAAL meat, and we were not able to define which store from them, then we should avoid buying meat from such market entirely. Because this rules indicates the product being HALAAL on a doubtful situation and not on a situation where we have JAZM or assurance about non HALAAL products. • The rule is implemented when there is a doubt about a Muslim market containing non HALAAL products, not when there is a certainty about existence of non HALAAH product in the market, so in the case of certainty, if there was a doubt then confirmation is required that the meat is for sure HALAAL. (It could be said in this case also that if the majority of the products are HALAAL or the majority of the meat is HALAAL in the entire Muslim country or the city, then still a doubtful meat can be considered HALAAL, based on the narration)

7. 4th Point: The product is for HALAAL • This rule is an indication for the products which are supposed be for proper HALAAL use and was in a hand of a Muslim, such as the meat is being sold or gifted for the purpose of food, or skin is to make skin wear such as shoes, belts or jackets, or things which can be worn in SALAAT but if it was in the hand of a Muslim to discard it or burn it or to throw it in a garbage then if such product was doubtful then it can not be considered HALAAL based on this rule, that means the rule of market of Muslim cannot be implemented.

8. Analyzing the point • This rule cannot be implemented on an unknown animal product sold by a non Muslim in an Islamic market. • The intellectual point or the logic behind this rule as mentioned before, is the general norm or customary practice of Muslims in such market is slaughtering on the Islamic way, observing the rules, and the selling hand is a Muslim hand. So there are three possible intellectual points: • The market (of Muslim) indicates the hand (of a Muslim) , and the hand indicates that it fulfils the Islamic requirements of slaughtering. So in this point there is an indirect indication, indication of an indication (EMARAH ALA ALEMARAH). • The market of Muslim it self is and indication of HALAAL (TAZKIYA) without the requirement of the hand of the Muslim in between so in this point the market is a direct indication. Based on this point this rule can be implemented if the seller was a non Muslim in a Muslim market. (direct indication)

9. 3rd intellectual point: • In this point the hand of Muslim goes in in the process of selling the meat, because the majority are Muslims and that indicates that the hand of Muslim has touched such meat, and then reached the hand of a non Muslim who sold it. Because if he is only a seller among the majority of Muslims, then the meat must have been gone through the hand of a Muslim in a certain stage of transmission, so in this case the market is an indication of the meat going through a process of transmission from hand to hand, and among those hands there must be a hand of Muslim in between, and that hand becomes an indication of HALAAL, so this point is also an indirect point. So this rule is EMARAH of an EMARAH (Indirect indication)

10. Conclusion: • Based on 1st point a doubtful meat cannot be purchased by non Muslim in Islamic market. • Based on 2nd point a doubtful meat can be purchased by non Muslim in Islamic market. • Based on 3rdt point a doubtful meat can only be purchased by non Muslim in Islamic market if there was a possibility that the meat has been transmitted previously by hand of a Muslim. • ERAWANI: the first point is valid, that is understood from the narrations, so this rule can only be implemented if the seller of the doubtful meat was a Muslim.

11. All the Muslim sects without any difference • The rule includes all the Islamic sects without any difference for these two points: • The texts have absolute word of MUSLIMS and not specified. • In the time of the infallibles (AS) there were more Islamic sects and divisions and their followers used to purchase from them, and the Infallibles (AS) knew that there are sellers in the market who belong to some of those sects , but they did not specify in the hadeeth. • Allam Hilli did not support the inclusion of every Muslim, and the two hadeeth which he relied on are weak with unknown narrators in the link and the indication of such meaning is also weak in such narrations.

12. Made in Islamic lands Some implementations • If a meat or leather products were sold in a non Islamic market, and the majority were non Muslims, then such doubtful meat or leather is considered not HALAAL, unless if it was written on it that MADE IN of an Islamic country and there was a satisfaction that the written could be true, then it can be relied on it. If not then that item is not considered HALAAL and pure, based on the trusted narration on ISHAAQ son of AMMAR, that there is no problem in purchasing what was made in the Islamic lands. • Conclusion: the doubtful meat or leather is not HALAAL and pure (based on ISTISHABB of impurity) unless if there was one of the three: Market of Muslims- Hand of Muslim- made in Islamic land. Implementations: animal fat, fish, bird products.