Huquq al-Hayawan wa al-Rifq Bihi fi al-Sharia al-Islamiyya

Huquq al-Hayawan wa al-Rifq Bihi fi al-Sharia al-Islamiyya (Animal Rights and Kindness to Animals in Islamic Law) is a legal treatise by Ahmad Ubayd al-Kubaysi examining the conceptual framework, statutory rulings, and judicial protections governing animal welfare in Islamic jurisprudence Huquq al-Hayawan wa al-Ri….

Legal Framework and Conceptual Foundations

The work begins by establishing the doctrinal distinction between Islamic law and secular legal traditions regarding rights and ownership Huquq al-Hayawan wa al-Ri…. While classical Roman law and modern positive legal systems historically treated individual property rights as absolute entitlements—often neglecting non-human interests—Islamic jurisprudence operates on the fundamental premise that all creation belongs exclusively to God Huquq al-Hayawan wa al-Ri…. Consequently, human ownership and use of animals are legally restricted by the Lawgiver to prevent harm, creating binding third-party rights for animals Huquq al-Hayawan wa al-Ri….

The author contrasts the Islamic model with modern animal welfare organizations, noting that while the first society for the prevention of cruelty to animals emerged in England in 1824 and inspired voluntary initiatives globally, such Western movements remain primarily moral and non-binding Huquq al-Hayawan wa al-Ri…. In contrast, Islamic law embeds animal protection into a compulsory legal and spiritual framework where kindness (rifq) is an act of worship yielding divine reward, and cruelty constitutes a punishable transgression and crime Huquq al-Hayawan wa al-Ri…+1.

The treatise emphasizes that the Qur'an honors animals, naming multiple chapters after them, and highlights both their utilitarian and aesthetic value in Surat al-Nahl Huquq al-Hayawan wa al-Ri…+1. Citing classical exegetes like Fakhr al-Din al-Razi and al-Qurtubi, the text explains that appreciating the grace and beauty of animals elevates human interaction with them beyond mere material exploitation Huquq al-Hayawan wa al-Ri….

Prohibition of the Abuse of Rights

A central component of the book is the prohibition of abusing one's lawful authority over animals (tahrim al-ta'assuf fi isti'mal al-haqq), analyzed across four main categories:

• Slaughter (al-dhabh): The Lawgiver permits slaughtering edible animals for nourishment but mandates benevolence, requiring the blade to be sharpened beforehand, prohibiting slaughtering one animal in view of another, and forbidding dragging animals violently to slaughter Huquq al-Hayawan wa al-Ri….
• Killing harmful creatures (al-qatl): While harmful pests may be killed, torture is strictly forbidden; killing by fire is completely prohibited based on the prophetic declaration that none should punish with fire except God, and pests must be killed swiftly with minimal suffering Huquq al-Hayawan wa al-Ri….
• Riding (al-rukub): Riders are required to let mounts graze and rest during journeys, to avoid overloading animals—such as carrying three riders simultaneously on a beast unable to bear them—and to refrain from using their backs as stationary seats or platforms Huquq al-Hayawan wa al-Ri…+1. Riding animals not suited for it, such as cows, and using harmful neck constrictions are likewise disallowed Huquq al-Hayawan wa al-Ri….
• Loading burdens (al-tahmil): Overburdening animals beyond their physical capacity is legally prohibited, with historical precedents showing authorities intervening against violators Huquq al-Hayawan wa al-Ri…+1.

The text also details categorical prohibitions against animal fights (such as bullfighting, ram fighting, and cockfighting), using live animals as targets for archery practice, facial branding or striking, mutilation (muthlah), and castration without absolute necessity Huquq al-Hayawan wa al-Ri…+1.

Juridical Rulings and Judicial Enforcement

The work outlines practical legal mechanisms designed to protect animals within an Islamic judicial system Huquq al-Hayawan wa al-Ri…. Jurists unanimously establish that an owner is legally bound to provide adequate sustenance and water for their animals Huquq al-Hayawan wa al-Ri…. If an owner neglects this duty, the court will compel compliance; if neglect persists, the judge is authorized to sell the animal to ensure it is freed from suffering Huquq al-Hayawan wa al-Ri….

The treatise cites al-Qadi Abu Ya'la's al-Ahkam al-Sultaniyya regarding the public oversight of the market inspector (muhtasib), who is empowered to intervene and prevent owners from overworking livestock even without an individual plaintiff, relying on customary community standards to assess mistreatment Huquq al-Hayawan wa al-Ri…. The book concludes with historical reflections on early Muslim figures, including Adi ibn Hatim crumbling bread for ants as neighboring creatures and Imam Abu Ishaq al-Shirazi affirming an animal's shared right to the public road Huquq al-Hayawan wa al-Ri….