What Is the Ruling on Stunning an Animal Before Slaughtering It in the Lands of the People of the Book? Is Stunning Considered Torture if It Does Not Cause Pain, and Is Its Meat Permissible if Slaughtered by a Christian?

Question: As-Salaamu Alaykum. I love this website; keep up the good work Allahuma Barik. My question is regarding halal slaughter. In Ahlul Kitab countries, some countries mandate stunning an animal, then they slaughter it by cutting across the neck while they are unconscious. Does stunning them count as animal cruelty if they stun it so called "properly" without giving them any pain, because even the kuffaar know giving animals unnecessary pain is unacceptable (and can we eat the meat regardless if they suffered or not, as long as they are Christians and there is no other violations regarding the actual slaughter)? May Allah give justice in this world and the hereafter, including to the Muslims and animals.

Summary:

The basic principle is that animals slaughtered by the People of the Book, namely Jews and Christians, are permissible for Muslims to eat, provided that the slaughter is performed in accordance with Shariah and the animal does not die before being slaughtered. As for electrically stunning an animal before slaughtering it, there are several details: 1. If the animal dies as a result of stunning before being slaughtered: Its meat is not permissible to eat because it is considered carrion, even if the person slaughtering it is a Christian or a Jew. 2. If the animal loses consciousness due to stunning but remains alive with stable life, and is then slaughtered according to Shariah: Its meat is permissible to eat, even if it is unconscious at the time of slaughter. 3. If stunning causes pain or torture to the animal: It is not permissible to torture it, even if its meat is permissible to eat after slaughter, provided that the conditions of lawful slaughter are fulfilled. 4. If it is established that stunning does not cause the animal pain or harm, nor does it cause its death before slaughter: It cannot be ruled to constitute torture merely because it involves stunning. However, the regulations of Shariah and kindness toward animals must be observed. Therefore, a distinction must be made between two matters: the ruling on stunning an animal and the ruling on eating its meat after stunning. The manner in which an animal is treated may be prohibited, while its meat may still be permissible if it is slaughtered in accordance with Shariah.

Answer:

Firstly: The Ruling on Animals Slaughtered by the People of the Book

From the Qur'an:

[Surah Al-Ma'idah 5:5]
"This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you, and your food is lawful for them."
What is meant by the food of the People of the Book in this verse is the animals they slaughter, as explained by a number of the Salaf. However, this permissibility does not mean that it is permissible to eat an animal that died from stunning before being slaughtered, because Allah, the Most High, says:
[Surah Al-Ma'idah 5:3]
"Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah, and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death]."
The point of evidence: An animal that dies as a result of stunning before slaughter falls under the category of prohibited carrion. Cutting its neck after it has died does not make it permissible. However, if the slaughterer reaches the animal while it is still alive with stable life and slaughters it according to Shariah, then eating it is permissible.

Secondly: Is Stunning an Animal Considered Torture?

From the Sunnah:

Narrated by Muslim.It was narrated from Shaddad bin Aws رضي الله عنه that the Messenger of Allah ﷺ said:
"Indeed, Allah has prescribed excellence in everything. So when you kill, kill in a good manner, and when you slaughter, slaughter in a good manner. Let one of you sharpen his blade and spare suffering to the animal he slaughters."
The point of evidence: Shariah commands kindness toward animals when slaughtering them and prohibits torturing them or causing them pain without justification. As for the questioner's statement that stunning may be carried out in a manner that does not cause the animal pain, the response is: This is a matter that requires verification of the method being used, because stunning is not a single type, and its effects may differ depending on the type of animal, the equipment, the strength of the electrical current, and the duration of stunning. It is not correct to state with certainty that the animal experiences no pain merely because it loses consciousness, as pain may occur before it becomes unconscious. If it is established through a reliable method that the animal loses consciousness without pain or additional harm, then it is not correct to describe this as torture on the basis of pain without evidence. However, the Shariah ruling on using this method must still be considered.

Thirdly: Statements of the Scholars Regarding Stunning Before Slaughter

From the Scholars:

1. The Permanent Committee for Scholarly Research and Ifta
"Applying electricity to animals for the purpose of slaughtering them is prohibited because of the torture involved."
The Committee then explained that if the animal is reached while it is still alive and is slaughtered while life remains in it, eating it is permissible.
2. The Islamic Fiqh Council of the Muslim World League
During its tenth session in 1408 AH, the Council ruled that if an animal is stunned and then slaughtered while it is still alive, eating it is permissible. However, if it dies as a result of stunning before slaughter, it is prohibited carrion.
The Council also explained that high-voltage electrical stunning constitutes torture of the animal.
3. The International Islamic Fiqh Academy
The Academy ruled that the basic principle of slaughter according to Shariah is that it should be performed without stunning, and that an animal slaughtered after stunning is permissible to eat if the technical conditions ensuring that it does not die before slaughter are fulfilled.

Fourthly: Does the Ruling Differ if the Slaughterer Is a Christian? The ruling regarding stunning does not differ, because Allah has permitted the animals slaughtered by the People of the Book, but He has not permitted carrion. Therefore, if a Christian slaughters an animal while it is still alive with stable life, using a sharp instrument, and the slaughter is performed in accordance with Shariah, without dedicating it to other than Allah, eating it is permissible. However, if the animal dies from stunning, eating it is not permissible, even if the slaughterer is a Christian. It is not a condition that the animal be conscious at the time of slaughter. Rather, what is required is that it remains alive with life that is recognized as valid according to Shariah. Fifthly: What Should a Muslim Do if He Does Not Know Whether the Animal Died From Stunning? The basic principle is that animals slaughtered by the People of the Book are permissible, provided that nothing is known to have occurred that would invalidate the slaughter according to Shariah. However, if it is known that a slaughterhouse uses stunning, it is necessary to distinguish between mere loss of consciousness and death before slaughter. It is not correct to declare all animals slaughtered at that slaughterhouse prohibited merely because stunning is used, just as it is not correct to declare an animal permissible if it has been established that it died before slaughter. One may refer to a trustworthy organization that supervises the slaughtering process and verifies that its conditions are fulfilled. Conclusion: The stronger opinion is that stunning an animal is prohibited if it results in torturing the animal or causing its death before slaughter. An animal that dies from stunning is not permissible to eat. However, if stunning does not cause the animal's death, and it is subsequently slaughtered in accordance with Shariah while it is still alive with stable life, eating its meat is permissible, whether the slaughterer is a Muslim or one of the People of the Book. As for the use of stunning itself, if it is established that it does not cause pain or harm and does not lead to death, some scholars have permitted it subject to certain conditions. Nevertheless, the basic principle, and what is preferable, is to slaughter the animal according to Shariah without stunning. Therefore, what determines whether the meat is permissible is the fulfillment of the conditions of slaughter according to Shariah, not merely the presence or absence of stunning, nor merely the fact that the slaughterer is a Christian.

And Allah knows best.

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