Selling meat for the meat of another animal of a different species. Extracted from a doctoral thesis entitled “Hypothetical Jurisprudence in the Provisions of Financial Transactions and Its Impact on Contemporary Issues” from the book “Fath al-Qadir” by Ibn al-Hammam (d. 861 AH). A comparative jurisprudential study.

Abstract


This research revolved around the sale of meat for the meat of another animal of a different kind. The research concluded that the jurists differed on this issue with four opinions as follows:
The first saying: It is not permissible to sell meat from an animal, whether it is of its own kind or of a different kind. This is the Shafi’i doctrine, and it is supported by the Hanbalis and attributed to Ibn Abi Bakr al-Siddiq and Ibn Abbas. It is the opinion of the seven jurists such as Sa’id ibn al-Musayyab and others like him, and it is the opinion of al-Layth and al-Awza’i.

Main Subjects