The Issues and Challenges of Hady from Different Islamic Schools of Thought

KIU Journal of Social Sciences

FATAI OWOLABI JAMIU Tai Solarin University of Education, Ijagun, Ijebu-Ode, Nigeria

Abstract. Hady is the second most important 1. Introduction obligatory annual rite for Muslim pilgrims from all over the world to perform during the fifth Hady is a fundamental issue for Muslim pilgrims pillar of Islam, the pilgrimage in the city of both male and female who are expected to have Minā. There are divergent opinions among sufficient and useful knowledge on how it different schools of thought on how this aspect should be carried out for the purpose of their is carried out. Due to the improvement in the psychological and spiritual well-being. People socio-economic and security related spheres, the embarked on Holy pilgrimage to Makkah are ill- number gradually increased. The paper discusses informed about hady. This is due to negative fundamental challenges with a view to finding effects of materialism on the society. possible solutions for better actualization of the hady. These challenges include: forgetfulness in The paper shall be divided into four sections. observing the prescribed rules and regulations, The first section, aside from the introduction, accommodation for the multitudes of pilgrims in explains literature review, research methodology Minā, myriads of certified conditions for and findings. The second section deals with sacrificial animals, financial incapacitation for issues of hady that include: its kinds, wājib the purchase of a sacrificial animal, unreliable (obligatory) and mustaḥābb (recommended), and agent and fasting at Makkah. It is the view of various kinds of wājib sacrifice, those for whom this paper that if the identified challenges are hady is obligatory, the requirements of the hady, properly addressed, there will be significant its time and place, the legal rules about its flesh changes in offering at Minā. The paper revealed and the substitute duty for one who can neither that different Islamic schools of thought agreed find the hady nor possess the means to purchase in the area of obligatory hady for a non-Makkan one, and its distribution. The third section pilgrim but it is compulsory for a Makkan examines the challenges faced by pilgrims on pilgrim performing Ḥajj al-Tamattu‘, they also hady. The fourth section serves as its conclusion agreed on its kinds, its requirements, its time, its that discovered, however, the purpose of this non-obligatory for Ḥajj Ifrād and fasting for sacrificial animal is to feed the poor and needy Ḥajj pilgrim that cannot find the hady nor in Makkah and other Muslim countries for possess means to acquire one. They differed in achieving greater and wider solidarity among its obligatory, its place, and distribution of its Muslims. It highlighted that hady has a flesh. significant effect on the pilgrim with a strong determination to abide by its rules and Keywords: Issues, Challenges, Hady, Islamic regulations. It also encouraged the pilgrim to do Schools, Thought good deeds to fellow human beings as part of the ingredients which entail absolute faith in Allāh

301 KIU Journal of Social Sciences

and fervent prayers that Islam recommends for the hady. The opinion of Ibn Kathīr (ca. an acceptable Ḥajj. 701/1300 – 774/1373) is that Hābil‘s ram was received by God, preserved in paradise and 2. Literature Review again lowered to earth during Prophet Ibrāhīm‘s trial, before finally being slaughtered again This paper uses the three literary sources, each (145-147). of which provides a different angle for the study of hady. It examines the Holy Qur‘ān, Ḥadīth A second word cluster (dh-b-ḥ) means to cut, to and Muslim exegetical reports in order to slaughter is employed in relation with a cow explore the possibilities and limitations of slaughtered by Prophet Mūsā (Q2:71), sacrifices employing these authoritative texts to legitimate to the idols (Q5:3) and the substitute animal the sacrificial feast. given to Prophet Ibrāhīm instead of his son (Q37:107). A third word cluster (h-d-y) means 2.1 The Holy Qur’ān and Hady to bring, to guide, and to direct; is referred to sacrificial animal in the context of rituals near It is the belief of most Muslims in the world that the Makkan sanctuary. A fourth word cluster (n- hady is a festival legalized by the Holy Qur‘ān. s-k) means to live the life of an ascetic which Such claim can be attributed to three different has the connotation of sacrifice is mansak (pl. angles: that the Qur‘ān literally prescribes hady; manāsik or nusuk) which also appears in the that it is joined to Ḥajj which itself a Qur‘ānic description of the Ḥajj (Q2:196; 22:34, 67). imperative and that it is a re-enactment of Prophet Ibrāhīm‘s sacrifice described in the 2.2 The Qur’ān and Prophet Ibrāhīm’s Qur‘ān. Sacrifice The Holy Qur‘ān says: So pray to your Lord The ultimate Qur‘ānic base of the hady is found and sacrifice (Q108:2) in the story of Prophet Ibrāhīm in Q37 which relates and describes how he is tried by God The Arabic verb n-h-r is derived from the word when he wanted to sacrifice his son Ismā‗īl thus: anḥar which is used for upper portion of the And when he (his son) was old chest; hence also it is employed for slaughtering enough to walk with him, as reference to yawm al-naḥr (Day sacrificial he said: O my son! I have seen Animal), a common expression for hady (Jamiu, in a dream that I am 2018: ). Most Muslims and western scholars slaughtering you (offering you uncritically accept this verdict and do not wish in sacrifice to Allah). So to question the rationale behind it (Brisebarre, look what you think! He said: O 1999:96). There are some others who doubt the my father! Do that which historical veracity of this assumption that you are commanded, if Allah wanḥar is a reference to the Day of Immolation wills, you shall find me of the (Luxenberg, 2004:308). patient. Then, when they had both submitted themselves There are four loci in the Qur‘ān that are (to the Will of Allah), and he employed to legalize current ideas on sacrifice. had laid him prostrate on his Words related to the stem q-r-b (to approach, forehead (or on the side of his near, proximity) appear in connection with forehead for slaughtering); animal sacrifice (Q3:172; 5:27). The text is We called out to him: O especially important due to the fact it is related Abraham! You have fulfilled the to the animal sacrificed by Hābil, the son of dream! Verily thus do We Ādam. In fact, the Qur‘ān is silent about the reward the good-doers. Verily, details and significance of this sacrifice. The that indeed was a manifest trial. majority of exegetes have attributed this verse as And We ransomed him with the first direct reference to the later practice of

302 KIU Journal of Social Sciences

a great sacrifice; And We left The traditional account emphatically put the first for him (a goodly remembrance) hady to the one that took place on the 10th dhul- among the later generations. ḥijjah of the first or second year after the flight Peace be upon Ibrāhīm. Thus from Makkah to Madīnah, corresponding to 3rd indeed do We reward the good- June, 624 C.E. (Mittwoch 1971; Platti 1994; doers. Brisebarre, 1999:96). However, the Ibrāhīmian model was placed on all of these distinctive In the absence of any Qur‘ānic obligation to re- rituals and gave them a meaningful purpose. enact this momentous sacrifice, it will be seen how the connection between the Ḥajj, hady and The hady on the 10th dhul-ḥijjah became known Prophet Ibrāhīm‘s trial is greatly emphasized in as ‘Īd al-Aḍḥā and that day‘s sacrifice as sermons during the period of ‘Īd al-Aḍḥā uḍḥiyyah from the root ḍ-ḥ-y which means to (Mittwoch, 1972:21). At this juncture, it should become (visible, to appear). The word ḍaḥiyyah be mentioned that most Muslims agree that there is capable of giving a twofold meaning of is no particular Qur‘ānic injunction to perform forenoon and sacrifice. However, the Qur‘ān the hady, while others condemn such statement does not mention this word, ‘Īd al-Aḍḥā, as as a sin (Olsson, 1998:202). In fact, all agree Mittwoch (1971:65) rightly observed, has that the role of Prophet Muḥammad in the become the most common label for the hady in institutionalization of hady must be recognized most parts of the Islamic world. (Platti, 1994:159). In fact, in order to give a separate entity to Ḥajj 2.3 Hady and Prophet Muḥammad practices from unwanted pagan connotations of sun worship, the Muslim world wide made a Two revolutionary adoptions were believed to necessary arrangement to perform the prayer and have changed the pagan hady into acceptable sacrifice after sunrise, as an indication of the Islamic festival which one had to do with the new name (Hames, 1998:8-9). The same place, the other with time. The spatial applicable to the prayer times culminate in development from a local cult based at a sacred absolute taboo on prayer during sunrise and centre (Makkah) to a world-wide phenomenon sunset (Rubin, 1987:45). involving the whole Islamic world, and the temporal change of the solar season and In 628, Prophet Muḥammad decided to perform religious ritual were effective unifying elements the ‘umrah that year, but he was not allowed by for other communities which signify relationship the Makkans at the place called Hudabiyyah. between the Makkah sanctuaries and hady is a They had an agreement with him that he would replica in other locations (Smith, 1992:94). be welcome to perform it the next year which he did. In 10 H.A./ 632 C.E., the Prophet performed The origin of the hady can be attributed to either his first and last pilgrimage accompanied by a prophetic plot to attract the Jews with an 90,000 believers (Rappaport, 1999:102). Prophet Ibrāhīmic festival or an attempt to conciliate the Muḥammad repeated the major points of the Makkans after Muḥammad‘s rupture with the Islamic religion in his farewell sermon on the Jews from Madīnah cannot be historically Day of ‗Arafah. There he emphatically proven (Haarmann, 1975). It is likely that mentioned that all practices of the pre-Islamic Prophet Ibrāhīm had functioned as a real ‗hėros era had been abolished, but that the sacredness civilisateur‘ (Grandin 1978) in pre-Islamic of the spatial and temporal elements from the Makkah. The connection between Prophet Ḥajj remained intact (Peters, 1994:7). Ibrāhīm and the hady as well as the changing emphasis from Isḥāq to Ismā ‗īl in the sacrificial Collections of authoritative Prophetic sayings myth, must be dated to Madīnan period (Platti, and customs were written down in the first three 1994:165). centuries of the Islamic community gave the strong juridical base for hady as it well known

303 KIU Journal of Social Sciences

today. The following example is from Bukhārī‘s Muḥammad. Other sources include authoritative collections: Islamic law books of the four schools in Arabic I heard the Prophet (peace be by scholars like al-Jazayrī, Ibn Rushd, al- upon him) delivering a sermon Kahlānī and a host of others. (khuṭbah) saying: The first thing to be done on this day (first Descriptive method is employed for the ritual day of ‘īd al-Aḍḥā) is to pray; practice through series of questions such as and after returning from the when, who, what and how are answered by prayer slaughter your sacrifice available information in the authoritative texts. (in the name of Allāh) and On the time of hady with regards to the proper whoever does so, he acted date of the festival, the discourse carefully according to our Sunnah (tradition). mentions it. The challenges faced the pilgrims on sacrificial Another extract from the collections of Abū animal are based on the analysis of primary Dāwūd reads thus: materials and opinions of different Islamic I witness sacrificing along with schools of thought. Finally, in order to establish the Apostle of Allāh (peace be some factual depth to this study, archival upon him) at a place of prayer. sources on major Islamic heritage are strictly When he finished his sermon, adhered to. he descended from his pulpit and a ram was brought to him. 4. Findings The Apostle of Allāh (peace be upon him) slaughtered it with The Saudi Arabia Authorities have come up with his hand, and said: In the name of Allāh, Allāh the idea of the slaughter house for the is Most Great. slaughtering and butchering of the sacrificial This is from me and from those who did not animals. There are areas of agreement on issues sacrifice from my relating to the hady among different Islamic community. schools of thought such as its actual commencement day, types of its animals, their Usually, the traditional collections make ages, obligatory hady for a non-Makkan pilgrim, references to the ‘īd al-Aḍḥā under separate its compulsory for a Makkan pilgrim performing headings such as kitāb al-ḍayāḥa’ (book on Ḥajj al-Tamattu‘ ; its kinds, its requirements, its sacrifices) or kitāb al-‘īdayn (book on the two time, its non-obligatory for Ḥajj Ifrād and festivals). They give detailed prescriptions on fasting for Ḥajj pilgrim that cannot find the hady the qualification of the animal, time and place of nor possess means to acquire one. They differed slaughtering or the manner the Prophet held his in its obligatory, its place, and the distribution of foot while sacrificing. It is interesting to note its flesh. that some Muslims used to defend animal sacrifice as part of Ḥajj rites while others take It is discovered that all technical, administrative the same sources to claim that true Muslims are and financial procedures necessary for ensuring expected to be vegetarian (Foltz, 2006:105-127). that all animals meet all Sharī‘ah and health requirements for their meats fit for human 3. Research Methodology consumption. These meats have been utilized through the processes of hygiene, refrigeration, The paper adopts a document review method as freezing, preservation, packaging and it focusses on authoritative texts in the transportation to make sure that meats get to the performance and discourse on hady in Minā poor and needy. through the opinions of different Islamic schools of thought. It depends mainly on the major 4.1 Hady (Sacrificial animal) sources of Islamic heritage: the Glorious Qur‘ān and the Ḥadīth (traditions) of the Prophet

304 KIU Journal of Social Sciences

A pilgrim carries out the slaughtering of an it will appear with its horns, and hair as well as animal in Minā as the second obligatory rite on hooves, and indeed the blood will be accepted by the 10th of dhul-ḥijjah. There are five different Allāh from where it is received before it even ways in which hady is required. The first has to falls upon earth, so let your heart delight in it do with tamattu‘ and qirān Ḥajj in which a (Narrated in Sunnah al-Tirmidhī). pilgrim must offer it if he can afford it, otherwise, he must fast instead (Q2:196). The It doubles meaning of rituals in purification and second situation deals with sacrifice offered (as empowerment as emphasized by the Prophet a penalty) for omitting an obligatory part of Ḥajj when he said: which has to be done in the Ḥaram and its meat The sacrifice will deliver the slaughterer from must be distributed therein (Q5:95). all evils in this world and the Hereafter. The animal will be resurrected on the Day of The third way is through a sacrifice offered as a Judgement to testify for its owner’s piety and result of the pilgrim doing one of the prohibited that every one of its hairs will be rewarded as if things while in iḥrām which attracts a sacrifice it had been a good deed. in compensation (Q2:196). The fourth mode has to do with a sacrifice offered due to prevention In line with the above excerpt, the meaning of from completing one‘s Ḥajj which he should empowerment through the sacrificial animal offer in the place where he was prevented from enables Muslims to fight injustice and political continuing. When the Prophet was prevented enemies that is more important than individual from entering Makkah at time of al- redemption and purification. It increases the Hudaybiyyah, he offered his sacrifice outside of social status of the believers as they obey their the Ḥaram. The fifth option is a sacrifice offered God during the time of trial. It is an avenue for as compensation for hunting game. The meat of the believers to be ready to sacrifice themselves sacrifice must be distributed within the Ḥaram in order to protect life. It also serves as gift- zone, and it is not valid if done outside the zone. giving to the less privileged people in the Now let us look at the significance of hady. society. It highlights the importance of building a personal relationship with the animals that are 4.2 Significance of Hady to be treated with kindness as they are creatures of God that must be treated with respect. Hady has provided significant effects on the people especially the pilgrims due to the fact 4.3 Kinds of Hady that it reminds them of the remembrance of Prophet Ibrāhīm‘s willingness to sacrifice his The hady is of two types which comprise wājib son Ismā‗īl at Allāh‘s command which has (compulsory) and mustaḥābb (recommended). become ever green in their minds. It is expected The one mentioned in the following verse of the that before the sacrifice during Ḥajj, prayer is Qur‘ān is known as mustaḥābb sacrifice thus: performed which is stipulated in the following verse thus: So pray to Your Lord and sacrifice (Q108:2) Therefore turn in prayer to your Lord and sacrifice It is interpreted as a commandment to Prophet (to Him only) Q108:2 Muḥammad (S) to sacrifice after the ‘Īd al-Aḍḥā prayer. According to the Mālikīs and the The noblest act to be carried out on the Day of Ḥānafīs, the sacrifice is obligatory for every Naḥr (slaughtering) is hady as the Prophet who family once every year as it is similar to the is quoted to have said thus: Zakāt al-Fiṭr. The Shāfi‗ī school is of the opinion that the mustaḥābb sacrifice can be Āishah narrated that the Messenger of Allāh carried out in Minā on any of the four days, the said: A human does no action from the actions day of ‘Īd al-Aḍḥā and the two days following it on the day of Naḥr more beloved to Allāh than (called ayyām al-Tashrīq). The opinion of the spilling blood. On the Day of Judgement, Ḥanbalīs, the Mālikīs and Ḥānafīs on its time is

305 KIU Journal of Social Sciences

three days whether in Minā or elsewhere. The Through a pilgrim‘s travel agent as most Ḥajj best time for the sacrifice is after sunrise on the package prices cover the fees for hady. day of ‘Īd al-Aḍḥā after its prayer and Coupons can be purchased from al-Rajhī Bank, deliverance of its two khuṭbahs (sermons). an Islamic bank which arranges the slaughtering of animals and distributes the meat to the poor. In accordance with the Qur‘ānic text, the It is located in Makkah Hilton Towers. obligatory sacrifices are four. They are: Coupons can also be purchased from Kiosks in The sacrifice related to Ḥajj al-Tamattu‘ is seen Makkah and Minā. in the verse that says: ……if in peace time anyone of you combines 4.5 For whom is Hady Wājib? the ‗Umrah with the ḥajj, he must offer such By the consensus of all the Islamic schools of sacrifice as he can ……….. (Q2:196) thought, the hady is not obligatory on one performing ‗Umrah mufradah nor on one The sacrifice related to ḥalq, is a wājib open to performing Ḥajj al-Ifrād. Similarly, there is choice in line with the verse that says: consensus regarding its being obligatory upon the non-Makkah pilgrim on Ḥajj al-Tamattu‘. But if any of you is ill or suffers from an ailment The four Sunnī schools add that it is also of the head, he must offer a fidyah either by obligatory upon the pilgrim on Ḥajj al-Qirān. fasting or by alms-giving or by offering a There is disagreement regarding whether the sacrifice (Q2:196) Makkan performing Ḥajj al-Tamattu‘ must offer a sacrifice or not. According to the four Sunnī The sacrifice related to the penalty (jazā’) for schools, the hady is not wājib on him. Sābiq hunting, in line with the verse (1992:632-641) states that ―there is no That says: disagreement among scholars that the sacrifice of Tamattu‘ is not wājib on those living in the He that kills game by design, shall present, as neighbourhood of al-Masjid al-Ḥaram.‖ The an legal schools agree, however, that the obligatory offering near the Ka‘bah, a domestic beast hady is not one of the arkān of Ḥajj. equivalent to that which he has killed, to be determined by two honest men among you 4.6 Requirements of the Hady ………. (Q5:95) The hady must meet the following requirements: The sacrifice related to iḥṣār (some hindrances It must belong to cattle such as camel, cow, which keep one from completing the rites of sheep, or goat, the four schools unanimously Ḥajj, such as illness or interruption due to an agree on this according to al-Jazayrī (n.d: 623- enemy), the verse says: 626). The Ḥānafī, the Mālikī, the Shāfi‗ī and Ḥanbalī schools consider that if a sheep, it must If you cannot, offer such sacrifice as you can be at least six months, if a goat, it must be of one afford year; if a cow, it must be of two years, and if a (Q2:196) camel, it must be of five years. One can join up Aside from the above four, there are also with six other pilgrims (making seven in total) obligatory sacrifices related to any of the and each buy a share in a camel or a cow. The following: ‘ahd (pledge), nadhīr (vow) and Islamic Jurisprudence values bigger animals as yamīn (oath). better sacrifices, although differences exist between schools of Law. Within the range of 4.4 Arrangement of Hady permitted sacrifices, Shāfi‗ī scholars prefer camels, cows, goats and sheep in that order The following options can be used for arranging (Siddioi, 2007:189). hady: The sacrificial animal must be free of any defect, and, by consensus, must not be one-eyed, lame,

306 KIU Journal of Social Sciences

sick or old and decrepit. There is agreement, the sacrifice takes place within the correct time however, regarding its acceptability in case of (Wolfe, 1997:102). Any pilgrim performing Ḥajj castration, being without horns or with broken al-Ifrād may carry out the hady after cutting the ones, missing or mutilated ears or tail. hair if he chooses to partake in the sacrifice but According to al-Kahlānī (n.d:208), such are not necessarily immediate after ramy (Ibn Sirīn, acceptable. The female camel and cow as well as 1982:176). male sheep and goats are to be preferred on the view of some scholars, although, the If the sacrifice is done before its time, according permissibility of the converse in the two cases is to the Ḥanbalīs, it must be made again. If after not disputed by any school. Sābiq says that the its time in case of mustaḥābb, the lapse of time sex of the sacrificial animal is irrelevant. cancels it; and in case of wājib, it must be fulfilled (Ibn Rushd, 1982:103). According to 4.7 The Time and the Place of the Sacrifice the Ḥānafīs, it is not sufficient slaughtering the sacrificial animal before the three days of ‘Īd al- Hady can take place in Minā or Makkah Aḍḥā but if it is done later though a kaffārah is according to the following ḥadīth: required for the delay. According to Ibn Rushd, the consensus of the scholars is in favour of It was narrated from slaughtering the hady at Minā (1982:105). Jābir that the Messenger of Allāh said: All of Minā is 4.8 The Flesh of the Hady place of sacrifice. Every road of Makkah is thoroughfare The flesh of the hady whose slaughtering inside and a place of sacrifice. All of the Ḥaram is wājib, according to the Ḥanbalīs ‗Arafah is the place of and the Shāfi‗īs, is to be distributed among the standing, and all of Muzdalifah poor inside it. It is permissible to distribute it is a place of standing inside or outside the Ḥaram on the opinion of the (Narrated in Sunnah Abī Dawūd). Ḥānafīs and the Mālikīs. The view of the Shāfi‗īs is that one may not (oneself) eat the According to the Mālikī, the ḥānafī and the flesh of a wājib hady, but that of a voluntary or Ḥanbalī schools, on the occasion of the sacrifice, mustaḥābb hady is permissible. With the it is the day of ‘Īd al-Aḍḥā and the two days exception of the sacrifice made as fidyah for follow it. Abū Ḥanīfah adds that this time is hurting someone (adhā), hunting, or sacrifice for specific for the sacrificial rite of Ḥajj al-Qirān vow (nadhr) specifically for the poor, and the and Tamattu‘ but for others, he sets no such time voluntary hady which dies before reaching its limit. The Mālikīs do not recognize any destination, the flesh of the hady may be eaten in difference between various kinds of hady in line all cases (Insoll, 2010:32). with al-Fiqh ‘alā al-Madhāhib al-‘Arba‘ah. 4.9 The Substitute Duty (al-Badal) Hady may be carried out after performing Ramy of Jamrah al-‗Aqabah on the 10th of dhul-ḥijjah When the Ḥajj pilgrim cannot find the hady nor up until sunset on the 12th. According to all possess means to acquire one, all the legal schools of thought, it must be performed before schools agree that its substitute is to keep fasts the hair is cut. If it is carried out before or after for ten days, three of which, for successive days, this time frame, a penalty will be due. are to be kept during the Ḥajj days and the remaining seven on returning home (Doi, If a pilgrim has arranged for the hady to be 1980:163). This is in accordance with the carried out but unsure of the exact time it will be Qur‘ānic injunction that says: carried out, he should perform ramy of Jamrah al-Aqabah early as possible according to Mālikī ….. But if he lacks the and Ḥanbalī and cut his hair as late as possible means let him fast three days before sunset on the 12th of dhul-ḥijjah to ensure

307 KIU Journal of Social Sciences

during the pilgrimage placed on its left side facing the Qiblah and the and seven when he has returned following supplication should be recited prior to that is ten days in all the sacrifice: (Q2:196). Īnnī wajjahtu wajhiya lilladhī The capacity to offer the hady is based on the faṭara s-samāwāti wal arḍa ability to arrange one in the place, and when it ḥanīfan wa mā anā mina l- cannot be done the duty of hady is changed into mushrikīna. Inna ṣalātī wa that of the fasts. This holds even if the pilgrim nusukī wa maḥyāyī wa mamātī should be a man of means in his own homeland. lillāh rabbil-‘ālamīna. La This is because the obligation is specific to the sharīka lahu wa bidhālika occasion and the capacity to fulfill it (Wolfe, umirtu wa anā awwalul- 1993:214). Muslimīn (Narrated in Sunnah Ibn Majah). 4.10 Slaughter Houses I have turned my face towards In Minā and Muzdalifah, there are a number of Him who has created the modern slaughter houses. It is a Sunnah to Heavens and the earth Ḥanīfah perform one sacrifice in Minā, although it is (Islamic Monotheism, i.e. completely acceptable for it to take place in worshipping none but Allāh Muzdalifah and Makkah. After the performance Alone), and I am not of of ramy (pelting of pebble), if one returns to his Al-Mushrikīn (Q6:79). camp in Minā, he can go directly to the slaughter Verily, my prayer, my sacrifice, houses where the sacrifices are performed. There my living and my dying are kiosks outside the slaughter houses selling are for Allāh, the Lord of the coupons which may be purchased if prior mankind, jinn and all that arrangement has not been made. One can either exist (Q6:162). ask someone to carry out the sacrifice in front of He has no partner. And of this I one or one may perform the sacrifice by himself. have been commanded, It is to be remembered that millions of animals and I am the first of the are being slaughtered in this area which is not Muslims (Q6:163). meant for the faint-hearted (Wolfe, 1993:216). While slaughtering, it is also recommended to When a pilgrim ventures into a slaughter house recite: Bismillāh wa llāhu Akbar meaning in the in Muzdalifah and sacrifices his hady, he returns name of Allāh, Allāh is the greatest. It is also to his camp in Minā to have his hair cut, it is a expected to recite after the sacrifice the Sunnah to do so. If a pilgrim is not going to following: witness or perform the sacrifice by himself, he Bismillāh allahumma taqabal must make sure that someone reliable is present min Muḥammad wa āli to ensure the sacrifice is done (Foltz, 2006:135). Muḥammad, wa min ummati Muḥammad

4.11 Performance of Hady by Oneself In the name of Allāh, O Allāh! Accept (this sacrifice) When a pilgrim intends to carry out the hady by On behalf of Muḥammad, his family and his himself, he must inform his tour operator in ummah. advance so that additional money would not (Narrated in Ṣaḥīḥ Muslim). have to be paid to have someone else perform the sacrifice on his behalf. Before the After the sacrifice, one can eat from it and performance of the sacrifice, he should bear in distribute it in any way one wishes regardless of mind that every care must be taken to slaughter whether the one feeds is rich or poor. It is the animal without subjecting it to unnecessary recommendable that one eats one-third, gives pain (Al-Jazayrī, n.d:629). The animal should be one-third in charity, and gives the remaining

308 KIU Journal of Social Sciences

one-third to family and neighbours (Al-Kahlānī, 4.16 Charity to Non-Muslims n.d: 260). It is expected of the Ḥajj pilgrim to give something in charity or gift of the meat of the 4.12 Dhabḥ by a Wakīl slaughtered animal to anybody he wishes, even a The Ḥajj pilgrim is preferable to slaughter the non-Muslim. It is permissible that the giving of hady himself, though it is permissible to ask non-obligatory charity or making of endowment someone else to do it because it is one of the (waqf) in favour of a Muslim or a non-Muslim. rites in which delegation is possible. The one According to al-Iṣfahānī (1983:423), ―in giving deputed (wakīl) makes the niyyah of a recommended charity, poverty or possession of slaughtering on behalf of the one who deputizes, īmān (belief) or Islam is not a condition for the and it is better that both of them should make the recipient. He may be a well-to-do man, a niyyah together. Darāmī (1985:48) opines that if dhimmī, and a total stranger (not a blood relation the wakīl makes an error in mentioning the name of the giver of charity)‖. The author of al-‘urwat of the one who appoints him, or forgets his name al-wuthqā, al-Kaẓīm (1984:342), permits that altogether, there is no harm in it. charity is to be given even to a warring infidel.

4.13 Qāni‘ and Mu‘tarr 4.17 Burning or Burying of Slaughtered Allāh says: Animals …….then, when they are down on their sides (after slaughter), eat thereof, feed the poor and Nowadays, it is a custom among Ḥajj pilgrims the beggar…… (Q22:36) that they offer money to whoever would accept the hady which he on receiving either buries or The word qāni‘ refers to the contented poor man throws away because the number of the who does not show his displeasure and does not slaughtered animals is great and nobody around frown or twitch his mouth in irritation. The word to make use of their meat (Nāṣif, 1986:141-152). mu‘tarr connotes one who comes to people for It is considered obligatory to make the slaughter charity and presents himself (Ibn Kathīr, even if it should require burning or burial of the 1981:224). bodies of the slaughtered beasts.

4.14 The Substitute for Camel Sacrifice The hady is obligatory only when one can find someone to eat it or where it is possible to It is an obligatory duty upon someone to preserve the meat through drying or canning sacrifice a camel through kaffārah or nadhr and (Delaney, 1990:513-30). But when the sacrifice he cannot arrange it, he must sacrifice seven is solely carried out for destruction through sheep one after another. If he cannot do that, he burning or burying, its permissibility in the must fast for 18 days (Ibn Sirīn, 1982:183). present conditions seems doubtful and questionable. The Prophet is reported to have 4.15 Taqlīd and Ish‘ār said: In this context, the word taqlīd means putting a shoe or the like in the neck of the sacrificial This sacrifice has been instituted to feed the animal. While ish‘ār means making an incision poor among you with meat. So feed them (Nāṣif, in the right side of the hump of a camel or cow 1986:152). and letting it be stained by blood. The Sunnī jurists regard ish‘ār and taqlīd as mustaḥābb Although, this tradition is related particularly to except Abū Ḥanīfah, who says that the taqlīd of voluntary sacrifice, it also throws light on the the sheep and camel is Sunnah, but ish‘ār is by purpose behind obligatory sacrifice. Some no means permissible due to the pain it causes to Muslims have raised the serious question that the animal (Al-Kahlānī, n.d:241). Islam has during the Ḥajj season so many animals are permitted the slaughtering of animals with kind slaughtered in sacrifice that enormous quantities treatment. of meat are wasted. The heat, lack of refrigeration facilities, inadequate transportation,

309 KIU Journal of Social Sciences

and over supply of meat for few days leave most especially in Minā which is not capable of of the meat unused or unusable. In fact, Islam accommodating the multitudes of pilgrims. If by tolerates no waste of any kind or degree; it delaying the sacrifice, it becomes possible for responds first to the greater need and allows the pilgrim to offer the hady in Minā, he may resort to the lesser evil; it works with a system delay it up to the 12th of dhul-ḥijjah (Ibn Sirīn, of priorities from the most important to the least 1982:198). Hady is obligatory to be offered after important and from the least to the most pelting the pebbles which usually forgotten by undesirable; it is both resourceful and adaptive many pilgrims. (Abdalati, n.d:103). Unacceptability of sacrificial animals that is The problem can be solved easily based on the lesser than the required age makes the pilgrim aforementioned principles through the looks for another one for offering. All the parts implementation in stages and on various levels. of a sacrificial animal must be free from any The Muslims should provide adequate facilities defect which poses challenge to a pilgrim in for refrigeration so that the surplus meat may be getting an animal fulfilling all the outlined conserved and used by the poor in and around requirements during the days of ‘Īd al-Aḍḥā. He the holy places throughout the year. Efforts is expected resorting to fasting instead of hady should be made to transport the surplus meat to (Ibn Rushd, 1982:199). the needy Muslims wherever they may be. It is suggested that the sacrificial animals can be Lack of sufficient financial capacity to pay for a slaughtered in Makkah and the meat may be full-fledged sacrifice is another challenge. canned or frozen and then transported to any Should he afford to pay for a sound animal later part of the world where there are needy Muslims in the month of dhul-ḥijjah, it is advisable to do (Davids, 2006:98). it regardless of what he has already done. If a pilgrim entertains a doubt after the animal was The surplus meat can be sold and used the slaughtered as to whether it was carried out in money for charitable purposes. A pilgrim may Minā or elsewhere. The doubt may revolve choose the proper time and place to avoid any around whether he sacrificed an animal at all, if waste or he could pay in charity to a legitimate it arose after shaving the head or taqṣīr, the cause the money value of the animal that was to doubt should be ignored, otherwise, he needs to have been sacrificed at Makkah during the days return to Minā and offer hady there (Hames, of Ḥajj (Shalṭūṭ, 1959:152-160). It is a wrong 1998:20). notion to conclude that the price of the The case of a pilgrim who purchases a sacrificial sacrificial animal given as charity will stand for animal and later becomes sick or deformed, the sacrifice as no amount of money in whatever slaughtering of such animal is arguable, as a form it is disbursed can replace the offering of matter of precaution; he must sacrifice it as well. flowing blood which is made by the pilgrim as a He may resort to selling it but the proceeds completion of the ceremonies of the Ḥajj (Doi, should be given in charity. 1980:163). After the purchase of an animal for sacrifice, it 5. Challenges facing pilgrims on gets lost, it may not be known that someone else Sacrificial Animals had offered a sacrifice on behalf of the pilgrim, another one should be purchased. However, if The first cultural challenge lies in the fact that before the second one is slaughtered, the first is given the large number of pilgrims performing found, it is sufficient to confine it to the first. the exercise, with most of them slaughtering the The second remains the property of the pilgrim sacrificial animals, a large percentage of the as he has the choice of slaughtering or sparing it. slaughtered animals got wasted and eventually However, he should, as a matter of became pollutants to the environment. The recommended precaution, offer it. If the lost stipulated boundary within Ḥaram zone is animal is fond after the second one was obligatory for the hady to be slaughtered

310 KIU Journal of Social Sciences

slaughtered, the first one must, as a matter of from different Islamic schools of thought precaution, also be slaughtered. suggests that there was full appreciation of the fact that the issues of hady are not run exactly If a person finds a stray animal, knowing that it with man‘s inclination, and that man might, was hady , he should, as a matter of precaution, when commanded to follow them, turn look for its owner till the afternoon of the 12th unreceptive ear to them. This indirect method day of dhul-ḥijjah, if he fails in his bid, he was calculated to interest man in carrying out should slaughter it on behalf of the owner. If the hady in order that he might ultimately recognize owner comes to know about this, it would its great merits and practice it, thus avoiding as suffice. If an animal cannot be found in time, much as possible, in the interest of human and the pilgrim has the cash ready, he should, as society. a matter of precaution, deposit it with a reliable person to purchase and slaughter an animal on Against this background, it is noted that since his behalf before the end of dhul-ḥijjah. In the the aim of hady is to expand the scope of meantime, he should observe fasting. beneficiaries‘ base to include the poor and needy in Makkah and other Muslim countries in order The seven day fasting period must be observed to achieve greater and wider solidarity among consecutively. Observing succession in fasting Muslims. Since the stand of Islam is to assist the the first three days is a must whereas it is not a less privileged people in the society through condition for the seven days. Fasting the first series of methods to make them better citizens three days has to be with the pilgrim wearing his and better friends to one another, the Ḥajj iḥrām for ‘umrah at-tamattu‘ if he does so pilgrims should assist and extend hospitality to before that, it shall not be in order. people so that enmity and hatred could be If a pilgrim deputizes the agent to carry out the eradicated in the society. sacrifice for him and subsequently entertains a doubt as whether or not the agent has sacrificed It is discovered that the authorities of Saudi the animal, he must resolve the matter as though Arabia have taken all technical, administrative the job has not been done. However, if the agent and financial procedures necessary to ensure that is a reliable person and informs him that he has all animals for the exercise meet all Sharī‘ah sacrificed the animal that would be sufficient. and health requirements for their meat to fit for The agent must make the intention on behalf of human consumption. They have achieved full the owner of the offering, and not himself. The utilization of the meat through the processes of recommended solutions for all these challenges hygiene, refrigeration, freezing, preservation, are strictly based on proper orientation and packaging and transportation to ensure that adequate knowledge about this particular aspect meats reach the poor and needy while it is still for the pilgrim. These will go a long way in fit for human consumption. Many Muslim making assurance that hady is carefully and pilgrims need proper orientation on how to conductively carried out in line with the properly carry out hady in accordance with established rules and regulations. Islamic injunctions. In some cases, Ḥajj agents should judiciously monitor the pilgrims within 6. Conclusion the framework of Islam and attach adequate interest to the categories of people taken to the The paper argued that the authorities in Saudi Holy land. Strong determination to abide by its Arabia have started doing something in an rules and regulations, good deeds to fellow attempt to meet up the present serious and human beings, absolute faith in Allāh and sensitive challenges of hady. There is serious fervent prayers are the ingredients that Islam increase in Ḥajj pilgrims from Muslim world to recommends for hady. Minā and there is relative improvement in the ways and manners they involve in the matter of References hady. This uniformly indirect but persistent treatment of the issues and challenges of hady Q2:143-147; 196.

311 KIU Journal of Social Sciences

Q3:172. Denny, F. M.(1985). Islamic Ritual: Q5:27. Perspectives and Theories. In Richard Q5:95. C.Martin, ed. Approaches to Islam in Q6:79; 162-163. Religious Studies. Tucson: University of Q22:36. Arizona Press, 63-77. Q37:102-109. Doi, A.R.I., (1980). The Cardinal Principles of Abdalati, H. (n.d). Islam in Focus. n.p. Islam. Lagos: Islamic Publications Abdul-Bᾱqῑ, M.F. (1986). Al-Mu‗jam al- Bureau. Mufahris li Alfᾱẓ ‘l-Qur‘ᾱnil-Karῑm. Cairo: Firth, R. (1984). Sacrifice. in: The new Dᾱrul-Ḥadῑth. encyclopedia Britannica, 16. Abdul, M.O.A. (1982). Islam as a Religion Foltz, R.C. (2006). Animals in Islamic tradition (Faith and Duties). Lagos: Islamic and Muslim cultures. Oxford: One Publications Bureau. world. Al-Iṣfahᾱnῑ, M. (1983). Wasῑlat al-Najᾱt. Beirut: Graham, W.A. (1983). Islam in the mirror of Dᾱr al-Ḥadith. ritual. In Richard G.& Speros V. (eds.). Al-Jazayrῑ, A.R. (n.d). Kitᾱb al-Fiqh ‘alᾱl- Islam‘s understanding of itself. Madhᾱhibil-Arba‘ah. Cairo: Dᾱrul- Grandin, N. (1987). Note sur le sacrifice chez les Bayᾱn al-‗Arabῑ. Arabes musulmans. In: Systemes de Al-Kahlᾱnῑ, M.I. (n.d). Sublu as-salᾱm. n.p: pensee en Afrique noir. 87-114. maktabat ar-risᾱlatil-ḥadῑthah. Haarmann, U. (1975). Die Pflichten des Mulims: Al-Kaẓῑm, A.S. (1984) ‘Urwat al-wuthqᾱ. Dogma und geschichtliche Wirklichkeit. Beirut: Dᾱr al-Fikr. Saeculum (26), 95-110. Al-Sahᾱimῑ, S. S. (1982). Night-stay at Hames, C. (1998). Le sacrifice animal au regard Muzdalifah. Journal of Islamic des texts Islamiques canoniques. Awareness. Makkah: Islamic Research, Archives de Sciences sociales des Religious Consultation, Preaching and Religions (101), 5-25. Guidance. 3(4), 28-29. Hitti, P.K., (1979). History of the Arabs. Bell, C. (1997). Ritual: Perspectives and London: Macmillan Press. dimensions. New York& Oxford: Hulmes, E. (2013). Encyclopedia of Islamic Oxford University Press. Civilization and Religion. 248-249. Bousquet, G-H.(1971). Dhabiḥa, Encyclopaedia Ibn Kathῑr, I. (1981). Tafsῑr Ibn Kathῑr. Vol.3. of Islam. Leiden: Brill Beirut: Dᾱr al-Fikr. Bremer, T. (1996). Sacrificial slaughter and Ibn Rushd, (1982). Al-Bidāyat wa Nihāyah. dressing up: Gender articulations in Cairo: Dᾱr Turᾱth al-‗Arab. Muslim rituals. Religious Studies Ibn Sirῑn, M. (1982). Al-Tadhkirah. Beirut: Dᾱr Review, 22 (3), 209-13. al-Ḥadῑth. Brisebarre, A.M. (1999). La Fete du mouton: un Insoll, T. (2010). Talensi Animal Sacrifice and sacrifice musulmen dans l‘ espace its Archaeological implications. World urbain. Paris: CNRS. Archaeology 42:231-244. Carter, J. (ed.) (2003). Understanding Religious Khan, M.M. and Al-Hilali, M.T. (2007). Sacrifice: a Reader. London & New Interpretation of the Meanings of the York: Continuum. Noble Qur‘ᾱn in the English Language. Darᾱmῑ, R.B. (1985). Manᾱhij al-Yaqῑn. Beirut: Riyadh:Darussalam Publishers and Dᾱr al-Fikr. Distributors. Davids, A.I. (2006). Getting the best Out of the Luxenberg, C. (2004). Die Syro-Aramaische Ḥajj (Pilgrimage). Riyadh: Maktabat Lesart des Koran: ein Beitrag zur Darussalam. Entschlusse lung der koransprache. Delaney, C. (1990). The Hajj: Sacred and Berlin: Hans Schiler. Secular. American Ethnologist 17 (3), Maududi, S.A. (2013). The Meaning of the 513-30. Qur‘ᾱn. Vol. 2, Lahore: Islamic Publications (PVT.) LTD.

312 KIU Journal of Social Sciences

Mittwoch, E.(1971). ‗Īd al-aḍḥā. in: B. Lewis Werbner, R. P. (1989). Ritual Passage, Sacred e.a., Encyclopaedia of Islam. Leiden: Journey: the Process and Organisation Brill, 1007-1008. of Religious Movement. Washington: Nᾱṣif, M.A. (1986). Al-Tᾱj al-Jᾱmi‘u lil-Uṣūl fi Smithsonian Institution Press. Aḥᾱdῑth al-Rasūl. Beirut: Dᾱr Iḥyᾱ‘ al- Westerlund, D. & Eva Evers R. (eds.) (1997). Turᾱth al-‗Arabῑ.. African Islam and Islam in Africa, Olsson, T. (1998). Epilogue: The encounters between Sufis and Islamists. scripturalization of Ali-Oriented Athens: Ohio University Press. Religions. In: Olsson, T. et al (eds.), Wolfe, M. (1993). The Hadj : an American‘s Alevi identity:cultural, religious and Pilgrimage to Mecca. New York : Grove social perspectives, Istanbul: Swedish Press. Research Institute, 199-208. — (1997). One Thousand Roads to Mecca: Ten Peters, F.E. (1994). The Hajj: The Muslim Centuries of Travelers Writing about the Pilgrimage to Makkah and the Holy Muslim Pilgrimage. New York: Grove Places. Princeton, N.J.: Princeton Press. University Press. p.7. Platti, E. (1994). Le sacrifice en Islam. in:Neusch, M. (ed.) Le sacrifice dans les religions. Paris: Beauchesne, 157-174. Rappaport, R. A.(1999). Ritual and religion in the making of humanity. Cambridge: Cambridge University Press. Rubin, C. (1987). Morning and evening prayers in early Islam. Jerusalem Studies in Arabic and Islam. (10), 40-64. Sᾱbiq, S., (1992). Fiqh as-Sunnah. Beirut: Dᾱr al-Fikr. Shalṭūṭ, M. (1959). Al-Fatᾱwᾱ. Cairo: Al-Azhar University Press. Siddioi, A.H. (2007). Saḥῑḥ Muslim Condensation and Commentary. Vol. 4, Beirut: Dᾱr al-Rashid. 189-194. Siddiqi, M. I.(1978). The Ritual of Animal Sacrifice in Islam. Lahore: Kazi Publications. Smith, J. Z. (1987). The domestication of sacrifice. In: Hamerton-Kelly, Robert G. (ed.),Violent Origens: Ritual Killing and Cultural Formation, Stanford: Stanford

University Press, 191-205. Smith, J. Z. (1992). To take place: Toward a theory in ritual. Chicago & London: The

University of Chicago Press. Strenski, Ivan, (1996). Between Theory and

Speciality: Sacrifice in the ‗90s. Religious Studies Review, 22 (1), 10-20. Struck, P.T. (2014). Animals and Divination. in

Campbell, G.L. (Ed.), The Oxford Handbook of Animals in Classical Thought and Life, Oxford University Press.

313