The Ikhwani Awakening resident ‘student of knowledge’ \u2013 \u2018Nazeelu Chinguetti\u2019 states:<\/p>\n
“Secondly, some IS soldiers have beheaded other Mujahidin in Syria by hitting the throat and then cutting which is called Nahr in Arabic and it’s Haram to slaughter a sheep and goat in this way according to Malikis and Makruh according to other scholars! As for camels and giraffes then they are slaughtered by Nahr.”<\/p><\/blockquote>\n
Really? These are the kinds of results expected when those who are unqualified attempt to invent their own analogies in Fiqh.<\/p>\n
Not that I would want to indulge this character, however, for argument’s sake, let us follow the above logic to its conclusion and verify what scholars have said on the topic.<\/p>\n
Below one can read for themselves how several scholars held that slaughter by Na\u1e25r is permissible. Let me say that I do not agree or disagree with drawing an analogy between beheading people and slaughtering animals for consumption.<\/p>\n
\u1e24an\u0101bilah<\/span><\/p>\n
\u201cSlaughter is permissible with anything sharpened whether of iron, stone, reed or other materials except fingernails and teeth; as for bones other than teeth then there are two transmissions; and regarding tools unlawfully acquired two aspects.<\/strong><\/em><\/p>\n
What is complied with regarding slaughter of that which is restrained is to cut the throat, esophagus, and nothing else; and on his authority it is stipulated along with that to cut the jugular artery. The Sunnah is to \u2018Na\u1e25r\u2019 the camel and to \u2018Dhab\u1e25\u2019 everything else; if what should be slaughtered by way of \u2018Dhab\u1e25\u2019 is slaughtered by way of \u2018Na\u1e25r\u2019 or the reverse, it is permissible. And when the head is separated by the slaughter, it does not become prohibited [to eat]; Abu Bakr related a transmission that it is prohibited.\u201d- end quote<\/strong><\/em><\/p>\n
[al-Mu\u1e25arrar f\u012bl-Fiqh 2\/191 by the grandfather of Ibn Taym\u012byah, Majd ad-D\u012bn]<\/p>\n
\u2018Thus Dhab\u1e25 is on the throat and Na\u1e25r is on the upper-chest; and it is the Sunnah to Na\u1e25r camels and to Dhab\u1e25 all other animals; [to do] the reverse is sufficient; and Na\u1e25r is to stab with something sharpened into the upper-chest.\u2019<\/strong><\/em><\/p>\n
[Al-\u2018Iqn\u0101` 4\/318 by al-\u1e24aj\u0101w\u012b]<\/p>\n
M\u0101lik\u012byah<\/span><\/p>\n
\u2018Do you not see that if someone does Na\u1e25r of a sheep in its slaughter, it is not eaten by consensus? That is because the slaughter does not take place except by cutting the jugular arteries and the throat, while the Na\u1e25r does not entail that\u2026\u2019<\/strong><\/em><\/p>\n
\u2018And in the book of slaughter in al-Mudawwanah is that the slaughter is not eaten except when the jugular artery and the throat are cut together\u2026\u2019<\/strong><\/em><\/p>\n
[Al-Bay\u0101n wat-Ta\u1e25\u1e63\u012bl 3\/309 by Ibn Rushd]<\/p>\n
\u1e24anaf\u012byah<\/span><\/p>\n
\u201cSo if one slaughters by way of Na\u1e25r what is to be slaughtered by way of Dhab\u1e25, or [vice-versa], then he has opposed the Sunnah, thus it is disliked, however it is permissible due to the existence of the basis [for permissibility].\u201d<\/strong><\/em><\/p>\n
[\u1e6cilbat a\u1e6d-\u1e6calabah 1\/104 by an-Nasaf\u012b]<\/p>\n
Sh\u0101fi\u2019\u012byah<\/span><\/p>\n
\u2018\u2026that the weapon strikes its throat, then one has slaughtered it by way of Dhab\u1e25; or its upper-chest, then one has slaughtered it by way of Na\u1e25r; or its midsection, then separates its innards- then it is permissible to eat.\u2019<\/strong><\/em><\/p>\n
[Al-Bay\u0101n f\u012b Madh\u2019hab al-\u2018Im\u0101m ash-Sh\u0101fi\u2019\u012b 4\/549 by al-`Imr\u0101n\u012b]<\/p>\n
What is Dhab\u1e25 and Na\u1e25r?<\/span><\/strong><\/p>\n
\u201cOur Shaykh said: \u2018The issue is that Dhab\u1e25 and Na\u1e25r are synonyms and the correct view is that Dhab\u1e25 is [cutting] the throat and Na\u1e25r is [cutting] the upper-part of the chest [Labbah]- some of the jurists divided it as such\u2019.\u201d<\/strong><\/em><\/p>\n
[T\u0101j al-`Ar\u016bs 6\/367 by Murta\u1e0d\u0101 az-Zubayd\u012b]<\/p>\n
\u2018\u2026because Na\u1e25r is to stab with the tip of the knife at the bottom of the neck, and Dhab\u1e25 is at the end of it next to the head.\u2019<\/strong><\/em><\/p>\n
[Ghar\u012bb al-\u1e24ad\u012bth 1\/71 by \u2018Ibr\u0101h\u012bm al-\u1e24arb\u012b]<\/p>\n
\u2018\u2026and that is when you strike with a knife or similar object in any place [on the body].\u2019<\/strong><\/em><\/p>\n
[Al-Mi\u1e63b\u0101\u1e25 al-Mun\u012br 2\/649 by al-Fayy\u016bm\u012b]<\/p>\n
It should be clear that some scholars did permit slaughtering by Na\u1e25r. So the analogy between Na\u1e25r, torture and the alleged prohibition of beheading with a knife is not a legitimate ruling with any precedent. Perhaps this student has tunnel vision because he has mostly studied the M\u0101lik\u012b school and is ignorant of the rulings of the other schools. At the very least, he should study the topic before making sweeping claims in Fiqh.<\/p>\n
His next statement is:<\/p>\n
\u201cAl-Tamthil includes al-Nahr and al-Dhabh.\u201d<\/p><\/blockquote>\n
A\u1e6d-\u1e6ca\u1e25\u0101w\u012b believed that there was Muthlah in crucifying a person while alive [see al-Mabs\u016b\u1e6d 9\/196], however as-Sarkhas\u012b argues that the correct view in the Madh\u2019hab is to do so while they\u2019re alive and to leave them for three days. The fact is that there are going to be scholars that agree and disagree about whether there is Muthlah in beheading a person as well.<\/p>\n
\u201cAl-Zuhri is a Tabi’i, Muhadith and a Faqih and he determined that no head was ever carried to Rasulullah.\u201d<\/p><\/blockquote>\n
\u2018Ab\u016b Na\u1e0drah is also a T\u0101bi\u2019\u012b, Mu\u1e25addith and major scholar of Basrah, and he related a \u1e24ad\u012bth which stated that two heads were carried to the Prophet SAWS. Also, Ibn \u2018Ab\u012b \u2018Awf\u0101, a Companions RA. narrates that the head of \u2018Ab\u016b Jahl was transported to the Prophet SAWS.<\/p>\n
So what is the relevant principle when we have two T\u0101bi\u2019\u012bn who contradict each other, with one affirming something and another rejecting it?<\/p>\n
Ash-Sh\u0101fi\u2019\u012b stated that evidence is equally required for both denying and affirming a ruling. So on the one hand we have az-Zuhr\u012b denying that anyone carried heads to the Prophet SAWS and we have \u2018Ab\u016b Na\u1e0drah and Ibn \u2018Ab\u012b \u2018Awf\u0101 saying that it did happen. The corroborating proofs are that other Companions RA permitted that heads be displayed and in order to counter that, the supporters of az-Zuhr\u012b\u2019s view would have to disprove those incidents or show a narration in which it is prohibited. Also, a lack of knowledge of something is not proof of its non-existence.<\/p>\n
\u201cTherefore the incidents of the heads of Abu al-Jahl and Ibn ul-Ashraf are unauthentic! Furthermore this action (carrying the head to another land or to the Wali) itself is considered Haram by al-Malikiyyah at least and Makruh by others!\u201d<\/p><\/blockquote>\n
Ibn \u1e24ajar says in his Talkh\u012b\u1e63 al-\u1e24ab\u012br that the \u1e24ad\u012bth is fair\/Hasan. Al-Albani views it as weak. I do not think that a student is going to come along and settle the issue with his keyboard.<\/p>\n
No, in fact many of the books of Fiqh mention the matter of transporting and displaying heads, with many scholars saying that it is not Makr\u016bh, rather it is permissible. Ar-R\u0101fi\u2019\u012b, a\u1e6d-\u1e6ca\u1e25\u0101w\u012b, al-Juwayn\u012b, an-Nawaw\u012b and others state that transporting heads of Disbelievers is allowed or explain the `Illah behind the disapproval of ‘Ab\u016b Bakr RA as dealing specifically with Madinah. You are the one who made the analogy between transporting and televising, so by your own analogy they would have approved of that as well.<\/p>\n
\u201cAnd could these people only find these incidents from the books of Sirah???\u201d<\/p><\/blockquote>\n
No. These events are discussed in books of Fiqh and \u2018A\u1e25k\u0101m. It seems that you are simply unaware of the views that contradict that which you have adopted. To deny the existence of the other view and to threaten those who adopt it of wrongdoing is immature, arrogant and ignorant.<\/p>\n
This is yet another attempt to mislead Muslims into judging the actions of one another on false premises under the guise of scholarship.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Ikhwani Awakening resident ‘student of knowledge’ \u2013 \u2018Nazeelu Chinguetti\u2019 states: “Secondly, some IS soldiers have beheaded other Mujahidin in Syria by hitting the throat and then cutting which is called Nahr in Arabic and it’s Haram to slaughter a sheep and goat in this way according to Malikis and Makruh according to other scholars! […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[182,183,184,185,181,186,187,188],"class_list":["post-551","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-beheading","tag-dhabh","tag-fiqh","tag-ikhwani-awakening","tag-islam","tag-islamic-slaughter","tag-nahr","tag-nazeelu-chinguetti"],"_links":{"self":[{"href":"https:\/\/hanbali.org\/index.php?rest_route=\/wp\/v2\/posts\/551","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hanbali.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hanbali.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hanbali.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hanbali.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=551"}],"version-history":[{"count":0,"href":"https:\/\/hanbali.org\/index.php?rest_route=\/wp\/v2\/posts\/551\/revisions"}],"wp:attachment":[{"href":"https:\/\/hanbali.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=551"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hanbali.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=551"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hanbali.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=551"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}