Fish in Islamic Law (Arabic: سمك samak)
Etymology and Translation
- Arabic: سمك (samak)
- Turkish: Balık
Introduction
The term “samak” refers to fish in Arabic. The dietary and legal aspects related to fish are elaborated in Islamic jurisprudence with particular attention to how fish are killed, sold, and consumed. Different schools of Islamic thought, including those of Abu Ḥanīfah, Ash-Shāfiʿī, and Mālik, offer various interpretations on these matters.
Scholarly Opinions on Fish Consumption
Abu Ḥanīfah’s View
- Floating Fish: Fish that die naturally and float on the water surface are considered abominated and unlawful.
- Accidentally Killed Fish: Fish that die due to an accident are deemed lawful.
- Fish and Extreme Conditions: There are differing opinions on fish that die from extreme heat or cold, suggesting a nuanced approach.
Ash-Shāfiʿī and Mālik’s View
- Floating Fish: These are considered indifferent, indicating no clear pronouncement on permissibility or prohibition.
Legal Considerations in Sale
Law of Sale
- Uncaught Fish: It is unlawful to sell fish that have not yet been caught.
- Fish in Tanks: It is impermissible to sell fish that have been caught and subsequently placed in a large tank.
Permissibility During Pilgrimage
- General Rule: Destruction of animals, aside from harmful ones, is forbidden during the pilgrimage.
- Exception for Fish: Fishing in the sea is permitted, as stated in the Qurʾān, Sūrah 5:96: “Lawful to you is the game of the sea.”
Relevant Qur’anic Verses
- Surah al-Ma’idah (5:96): “Lawful to you is the game of the sea and its food as provision for you and the travelers…”
Books for Further Studies
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee
- “The Jurisprudence of the Prophetic Biography & A Brief History of Rightly Guided Caliphs” by Muhammad Sa’id Ramadan al-Buti
- “Food and Drink in Islam” by Ali Çaksu
Takeaways and Conclusion
Understanding the Islamic position on fish involves considering both dietary laws and commercial transactions. Differing opinions among scholars highlight the complexity and contextual nature of Islamic jurisprudence. This knowledge reflects the broader principles of Sharia, emphasizing lawful (halal) consumption and trade practices while allowing concessions for necessary provisions even during significant religious observances like the pilgrimage.
Conclusively, the rulings surrounding fish (samak) encapsulate the intricate balance within Islamic law between strict adherence to ethical standards and practicality in daily life.
By studying these perspectives, one gains a more profound appreciation for Islamic legal traditions and their application to everyday activities.
