Question: What do the scholars and experts of shari’ah say regarding the slaughter of an animal performed by a mute Muslim? Is this permissible?

Muhammad Qasim, Lahore

Answer:

All praise is due to Allah alone, and peace and blessings be upon the one after whom there is no prophet ﷺ.

In Islamic law, the principles governing lawful slaughter are clear. When a Muslim slaughters an animal according to Islamic requirements, the meat is lawful (halal) and permissible for consumption. However, a specific question arises: Is the slaughter performed by a mute Muslim also halal?

Legal Principle of the Permissibility of a Mute Person’s Slaughter

According to Islamic jurists, the basic rule is that an animal slaughtered by a Muslim is lawful as long as the name of Allah is invoked, and the animal is slaughtered in the prescribed manner. For a mute Muslim, who may have limited or no ability to speak, scholars have provided certain guidelines to establish the permissibility of their slaughter.

Imam Hasan bin Mansur Awzjandi, may Allah have mercy on him, writes in his work “Fatawa Qadi Khan”: “The slaughter of a mute person is permissible, whether the person is a Muslim or a person of the Book (i.e., Christian or Jew), because the mute person’s inability to speak is a greater excuse than that of one who forgets.” (Fatawa Qadi Khan, Vol. 3, p. 220)

In other words, the slaughter performed by a mute Muslim is considered lawful due to the excuse of their inability to speak, which is regarded as a stronger excuse than forgetfulness. Thus, if a mute Muslim slaughters an animal according to the requirements of Shariah, the meat is lawful and permissible.

Analogy with Forgetfulness (Nisyan)

In cases where a person who suffers from forgetfulness inadvertently omits saying “Bismillah” (in the name of Allah) while slaughtering, Islamic law accepts this as an excuse, and their slaughter remains lawful. By analogy, the same dispensation applies to a mute Muslim, as their inability to speak is considered an even greater excuse since they naturally lack the ability to invoke the name of Allah verbally.

This means that the disbelief of idolaters and non-Muslims is apparent through their actions, and thus their slaughter is not permissible in Shariah

Additional Juristic Opinions

Imam Nizamuddin, may Allah have mercy on him, also confirms the permissibility of the slaughter of a mute Muslim or a Christian in his writings: “The animal slaughtered by a mute person, whether Muslim or Christian, is lawful.” (Fatawa Alamgiri, Vol. 5, p. 286)

Based on the juristic opinions provided, the slaughter performed by a mute Muslim, when done according to Shariah, is lawful and permissible for consumption. However, the slaughter performed by a mute non-Muslim is not permissible in Islamic law.

And Allah ﷻ knows best.

This fatwa is written By Dr Hafiz Muhammad Munir Al-Azhari