Assalam-o-Alaekum, I have a question for Dr. Hatim. Is it permissible to consume meat (Beef, Chicken) sold in restaurants like McDonald’s, Burger King etc. I saw a Fatawa from Dr. Alsaway on this website regarding this. I need clarification if only chicken can be consumed. Jazakumullah-hu-khair.

All praise be to Allah and may His blessings and peace be on His last messenger, Muhammad,

Even though Dr. al-Sawy is my shaykh, I hold a different position regarding the issue of halal meat, and here is a brief exposition of my position:

Meat slaughtered by the people of the Book (Jews or Christians) is permissible to eat, subject to the following conditions:

1. They are in fact of the people of the Book. (Most of the other scholars of AMJA feel this condition is fulfilled because this country is predominantly Christian. This writer does not think the condition is fulfilled because the possibility that the slaughterer is not Muslim, Christian or Jew is not of the rarities that are inconsequential in rulings.)
2. The animal is halal to eat, and that would not mean only cows vs. swine, but, according to the stronger position in this writer’s assessment, the animal should not be jallalah (livestock fed filth/najasat).
3. That the halal-to-eat meat be slaughtered, by cutting the throat and letting the blood flow. If the animal is killed by strangling or electric shock or drowning in water, its meat is not permissible. Similarly, if a Muslim does that, the meat is not permissible. (Most of the other scholars of AMJA feel this condition is fulfilled in this country because of testimonies they heard. Dr. Salah and other AMJA scholars – may Allah preserve them – came to a conviction that chickens get slaughtered in all mainstream slaughterhouses, and the same doesn’t apply to cows, who may likely die from clubbing or electrocution before they get slaughtered – thus the distinction in the AMJA fatwa between chicken and other meats. This writer is uncertain about the proper slaughtering of chicken.)
4. According to the majority, the other condition would be that no name other than the name of Allah be mentioned over it, such as the name of the Messiah etc, because Allah says:

“وَلا تَأْكُلُوا مِمَّا لَمْ يُذْكَرِ اسْمُ اللَّهِ عَلَيْهِ”

“Eat not of that on which Allah’s Name has not been pronounced” [al-An’aam 6:121]

The prohibition also applies to that which is offered as a sacrifice to other than Allah, even if they did not mention a name other than that of Allah over it.

According to the Hanafis, this verse would mean that you should not eat if the name of Allah wasn’t mentioned (except in the case of forgetfulness). This is the explicit meaning of the aforementioned verse. However, the majority used as evidence on their position the hadeeth in which ‘Aishah said that some people came to the Prophet (blessings and peace be upon him), and said,

“إن قوما يأتونا باللحم لا ندري أذكر اسم الله عليه أم لا فقال سموا عليه أنتم وكلوه – قالت وكانوا حديثي عهد بالكفر.”

“O Messenger of Allah, some people who are new in Islam brought us some meat, and we do not know whether they mentioned the name of Allah over it or not.” The Prophet (blessings and peace be upon him) said: “Say the name of Allah over it yourselves and eat it.” (al-Bukhaari).

As for the hadeeth specifying the generality of the verse, we agree with the majority that it does. However, the context in which the hadeeth is being used, to justify eating from the meat sold in mainstream stores in non-Muslim countries, is very different from the incident mentioned in the hadeeth. We believe that the hadeeth is basically saying that we should cast the doubt away, and a new Muslim will be presumed to have said the name of Allah over the animal during slaughtering.

The writer of this answer believes that the default of impermissibility with regard to livestock and marriage – unlike the rest of the rulings – is the correct position and that of the majority, and therefore, significant doubt regarding the one who slaughters and the way of slaughtering should make one refrain from eating such meats.

In conclusion, this is a controversial issue, and the writer of this answer, maintains the impermissibility of eating from the mainstream supermarket meats, unless they are certified as halal. That applies to all kinds of meats, including chicken. Dr. Salah as well as the majority of the AMJA scholars are of a different opinion, and I hope you can see some validation for their position in the discussion above.

I have to assert here that while I believe in the strength of my position, I can’t rule out the possibility of it being wrong. The other mashyekh in AMJA, particularly Dr. Salah, are more qualified to give a correct answer than me, but I must follow what appears stronger to me.

Allah knows best.