The act of qurban in fiqh perspective

UDHIYAH (sacrifice or Qurban in Malay) is among the great rituals of Islam, which signify the Oneness of Allah, His Blessings, and Bounties. It reminds us the exemplary obedience of our father, Ibrahim (peace be upon him), to His Lord and his great sacrifices to Him. Udhiyah encompasses much goodness and blessings and thus acquires a great deal of importance in the lives of Muslims.

"And for every nation We have appointed religious ceremonies, that they may mention the Name of Allah over the beast of cattle that He has given them for food. And your God is One God, so you must submit to Him Alone (in Islam)" (surah al-Haj: 34)

Udhiyah refers to the animal (camel, cattle or sheep) that is sacrificed as an act of worship to Allah, during the period from after the Aid prayer on the Day of Nahr (Aidil Adha) until the last day of Tasyriq (the 13th day of Zulhijjah), with the intention of offering sacrifice. Allah says:

"Say (O Muhammad (peace and blessing be upon him): 'Verily, my prayer, my sacrifice, my living and my dying are for Allah, the Lord of the Alamin (mankind, jinns and all that exists)." (surah al-An'am: 162)

Is Udhiyah an Obligation?

Scholars differ concerning the ruling of Udhiyah, some are of the opinion that Udhiyah is wajib or obligatory while others hold Udhiyah as a confirmed Sunnah.

Among those who uphold the first opinion (wajib or obligatory) are Imam al-Awza'i, Imam al-Layts and Imam Abu Hanifah, and it is one of the two opinions narrated from Imam Ahmad. It was also the opinion of Shaikh al-Islam Ibn Taymiyyah, and is one of the two opinions in the mathhab of Imam Malik. Those who favour this opinion take the following as evidence: Allah says:

"Therefore turn in prayer to your Lord and sacrifice (to Him only)." (surah al-Kautsar: 2)

This verse is a command and a command implies obligation. Also, it is repeated in the Sahihayn (Sahih al-Bukhari and Sahih Muslim) from Jundub, "The Messenger of Allah said, "Whoever slaughtered his sacrifice before he prays, let him slaughter another one in its place, and whoever did not slaughter a sacrifice, let him do so in the name of Allah." (Sahih Muslim) and: "Whoever can afford to offer a sacrifice but does not do so, let him not approach our place or prayer." (Musnad Ahmad and Ibn Majah, al-Hakim)

Those who assert to the second opinion, that Udhiyah is a confirmed Sunnah (meaning Sunnah mu'akkadah) are the better-known opinion of Malik and Imam Ahmad, and the mazhab of al-Syafi'i.

It should be mentioned here that majority of the scholars uphold this view, and they state it Makruh (disliked) to neglect this act of worship, if one has the capability to perform a sacrifice. (Rasa'il Fiqhiyyah by Syeikh Ibn 'Uthaymin)

This opinion is based on the following hadiths. Jabir narrated, "I prayed on Aidil Adha with the Messenger of Allah, and when he finished (the prayer), he was brought one ram, and he sacrificed it. He said: 'In the Name of Allah, Allah is Most Great. This is on behalf of myself and any member of my Ummah who did not offer a sacrifice'." (Awnul M'abûd Sharh Sunan Abi Dawûd by Muhammad Syams al-Haq 'Adhim Ibadi)

The Hadith reported by all the famous Muhaddithin apart from al-Bukhari that the Messenger of Allah (radhi allahu anhu) said, "Whoever among you wants to offer a sacrifice, let him not take anything from his hair or nails." (Sahih Muslim)

Syeikh Ibn Uthaymin following his discussion of those who say it is obligatory and those who say it is a Sunnah said, "Each point of view has its evidence. It is safe for the one who is able to offer a sacrifice should not neglect to do so, because of what is involved in this act of reverence towards Allah, remembering Him, and making sure that one has nothing to be blamed for."

Principle of Udhiyah

The basic rule of Udhiyah is that sacrifice is required at an appointed time from one who is alive, on behalf on himself and on behalf of his household. He may also include in the reward all those whom he wishes, dead or alive.

It is from the Sunnah that one includes his household living and dead in his Udhiyah. So, when he slaughters his sheep, he should say, "Allahumma hatsa 'anni wa 'an ahli bayti" meaning "O Allah! This is on my behalf and on behalf of my family members."

It is from the virtues of Udhiyah that one animal is sufficient for one man and his family; he is not required to make separate sacrifices on behalf of every member (living or dead).

Narrated Abu Ayyub: At the time of Allah's Messenger, a man would sacrifice a sheep on behalf of himself and the members of his household, and they would eat from it and give some to others." (Sunan Ibn Majah)

With regards to Udhiyah of a deceased person, if he has bequeathed up to one third of his wealth for the purpose of sacrifice or included it in his waqf (endowment), then his wishes must be carried out. Otherwise, offering sacrifice on behalf of the deceased is a good deed and it is considered to be giving charity on behalf of the dead.

Animals prescribed for Udhiyah are camels, cattle and sheep. With regards to sharing a sacrifice, then a camel or a cow can be shared by seven people, this is based on the narration of Jabir, who said, "The Messenger of Allah (sallallahu alaihi wa-sallam) commanded us to share camels and cattle, each seven men sharing one animal." (Sahih Muslim)

If a sheep, a goat or a ram is offered for Udhiyah, then sharing is not allowed, since no evidence is found in the Sunnah for it.

The sacrificial animal is not for sale. It is forbidden to sell the animal chosen for sacrifice, except for a better exchange. If it gives birth to an offspring, the offspring must be sacrificed along with it.

The animal can be sacrificed after the Aid prayer and the Khutbah (not when the Khutbah or the prayer starts) until before the sunset of the last day of Tasyriq, which is 13th Zulhijjah. The Messenger of Allah said, "Whoever sacrifices before the prayer, let him repeat it." (Sahih Muslim)

It is related from 'Ali, "The days of Nahr (sacrifice) are the day of al-Adha and the three days following it."

This is also the opinion of al-Hasan al-Basri, Ata ibn Abi Rabah, al-Awza'i, al-Syafi'i and Ibn al-Muntsir (May Allah give them all Mercy)

Slaughtering the animal with one's own hands is better, but if one does not do so, it is Mustahabb (liked, preferable) for him to be present at the time of slaughtering. Anas reported that Allah's Messenger sacrificed with his own hands, two horned rams with black markings, reciting the name of Allah and glorifying Him (saying Allahu-Akbar). He placed his foot on their sides (while sacrificing). (Sahih Muslim)

Eating from one's sacrifice is Mustahabb (liked, preferable). It is also Mustahabb for him, who performs a Udhiyah, not to eat before he offers his sacrifice; he should break his fast with the meat of his sacrifice the prayer.

The Messenger of Allah said, "Let every man eat from his sacrifice." Dividing the meat into three is Mustahabb (liked, preferable), one-third to keep for oneself, one-third to be given as gifts and one-third to be given in charity. This was the opinion of Ibn Mas'ud and Ibn Umar (Sunan Ibn Majah).

Scholars agree that it is not permissible to sell anything from the sacrificed animal's meat, skin or fat. The Messenger of Allah (sallallahu alaihi wa-sallam) said, "Whoever sells the skin of his Udhiyah, there is no Udhiyah for him (his sacrifice is not counted)." (Sahih al-Jami)

The butcher should not be given anything from the sacrifice, by way of reward or payment. Ali said, "The Messenger of Allah (sallallahu alaihi wa-sallam) commanded me to take care of the sacrifice and to give its meat, skin and raiment (covering used for protection) in charity, and not to give anything of it to the butcher as a compensation. He said: 'We will give him something from what we have."' (Sahih Muslim)

Almarhum Syeikh Abd al-Aziz Ibn Baz said in Fatawa, "It was said that it is permissible to give the butcher something as a gift. It is also permissible to give some of it to a Kafir, if he is poor or a relative or a neighbour, in order to open his heart to Islam."

And Allah knows best.

As-Sunnah