SEAFOOD

I have heard that prawns are makrooh. Is this true?
http://islamqa.org/hanafi/tafseer-raheemi/51968

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Answer: 
According to the reaserch of the Shafi’ee, Maliki, and hanbali school of thought, they are halal because these three imams say that all sea animals are halal.

However, within the hanafi school of fiqh there are two opinions regarding prawns. Imam Abu Hanifah rahmatullahi alayhi says that among the creatures that live in water, only fish is halal. This is due to the Hadeeth which uses the word سمك samak ie. Fish.

Now there is a debate within the Hanafi school as to whether prawns can be classed as fish or not. 

According to many linguistic specialists prawns are a type of fish, as stated in the ‘Qamoos’ and ‘Taajul Uroos’.

Also, Allama Dameeri has written in his book ‘Hayyatul Hayawaan’

الروبيان هو سمك صغير جدا أحمر

Translation: “Prawns are very small red fish”

On this basis, many of the Hanafi Scholars have said prawns are halal.

However the modern day animal classification experts do not count prawns as a type of fish. They say the definition of fish is:

هو حيوان ذو عمود فقري يعيش في الماء و يسبح بعواماته و يتنفس بغلصمته

Translation: A fish is that creature which has a backbone, lives in water, swims with its fins and breathes through its gills.

Prawns do not come under the category of fish, because they do not have a backbone nor do they breathe through gills. So they fall under the category of insects, and would not be allowed.

Since many Ulama still regard prawns as a fish and eating them is common amongst them so eating prawns cannot be classed as haram.

However, due to the conflicting evidence, they could be classed as Makrooh. It would be better to avoid them. But, if someone does eat them, we shouldn’t say anything to them. Allah knows best. 

( from Fiqhi Maqaalat- Mufti Taqi Saheb pg. 217 vol.3)



http://islamqa.org/hanafi/askimam/80211

Is eating prawns halaal or makroo

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu `alaykum wa-rahmatullāhi wa-barakātuh.

There is a difference of opinion pertaining to the permissibility of prawns. One group of Ulama hold the view that it is permissible while another group believe it is not permissible. 

The reason for the difference stems from the categorization of prawns. Those who hold the view of the permissibility of prawns believe that prawns are fish. Others believes that prawns are not fish.

Amongst the Ulama who believe that prawns are fish are 

a)Hazrath Maulana Ashraf Ali Thanwi rahmatullāhi ῾alaihi

b)Hazrath Mufti Abdur Raheem Lajpuri rahmatullāhi ῾alaihi

c)Hazrath Mufti Mohammad Abdus Salaam Chatgamirahmatullāhi ῾alaihi

Those Ulama who have not regarded prawns to be fish are 

a)Hazrath Maulana Rasheed Ahmed Gangohi rahmatullāhi ῾alaihi

b)Hazrath Maulana Khaleel Ahmed Saharanpuri rahmatullāhi῾alaihi

c)Hazrath Maulana Rasheed Ahmed Ludyanwi rahmatullāhi ῾alaihi

When analyzing the basis of the different views, one finds disagreement on what constitutes the valid shar’ee measureupon which we could base the classification of prawns. Those that regard prawns as impermissible believe that the valid grounds would be the classification of the scientists. 

Hazrath Mufti Rasheed Ahmed Ludyanwi(ra) in Ahsanul Fatāwā mentions that there are three features in fish. 

1) Spine 2) Gill 3) Fins

These features are not found in prawns, hence prawns are not fish.

Hazrath Mufti Abdur Raheem Lajpuri rahmatullāhi ῾alaihi states that prawns have been referred to as fish. Hereunder are some references;

1)    الروبيان (جهينكا) هو السمك صغير جداً (حيوة الحيوان 1/460)

2)    الاربيان بالكسر سمك كالدود (قاموس المحيط 4/332)

3)    (و الاربيان بالكسر سمك كالدود) و في الصحاح بيض من السمك كالدوديكون بالبصرة فصل الراء من باب الواو و الياء (صحاح مع تاج العروس عربي 10/143) امام بغوي و السيد مرتضى الزبيدي

Hazrath Ml Ashraf Ali Thanwi (ra) says “there are no specific features of a samak(proven through valid evidence) in the absence of which, would discount it from being classified as a samak.”

There are two reliable opinions with respect to the issue of prawns. Taqwā would demand that a person refrains from eating prawns, though there is leeway in consuming it.

And Allah knows best.

Ali bin Cassim
Student Darul Iftaa
Los Angeles, CA (USA)

Checked and Approved by,

Muftī Ebrahim Desai


http://islamqa.org/hanafi/darulfiqh/21917

There is always a lot of controversy in eating prawns, mussels, squid and octopus.  Can you please elaborate which ones you can eat and the reasons for the ones you cannot.

Answer:

 In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to the Hanafī school of jurisprudence, from the sea creatures, only that which falls under the Arabic term samak is permissible to consume.[1]  Samak is commonly translated as fish.

There is a difference of opinion in regards to the permissibility of prawns.

The origin of the difference of opinion is due to the uncertainty in the categorisation of prawns.  Some scholars consider prawns to be samak, whilst others do not.  Those scholars who consider prawns to be samak are of the opinion that prawns are permissible.  The scholars who do not consider prawns to be samak hold the view that prawns are impermissible.

Some of the scholars from the Indian subcontinent who are of the opinion of the permissibility of prawns are:

a)Maulana Ashraf Ali Thanwi rahimahullah

b)Mufti Abdur Raheem Lajpuri rahimahullah

c)Mufti Mohammad Abdus Salaam Chatgami rahimahullah

Some of the scholars from the Indian subcontinent who are of the opinion of the impermissibility of prawns are:

a)     Maulana Rasheed Ahmed Gangohi rahimahullah

b)    Maulana Khaleel Ahmed Saharanpuri rahimahullah

c)     Maulana Rasheed Ahmed Ludyanwi rahimahullah

There are two reliable opinions with respect to the issue of prawns. Taqwā would demand that a person refrains from eating prawns, though there is leeway in consuming it.

Mufti Rasheed Ahmed Ludyanwi rahimahullah in Ahsanul Fatāwā mentions that there are three features in fish:[2]

1)     Spine

2)     Gill

3)     Fins

Mussels, squid and octopus do not have all the features of fish; therefore they will not be regarded as fish.  Hence, it is not permissible to eat mussels, squid and octopus in the Hanafī school of jurisprudence.

And Allah Ta’āla Knows Best

Mawlana Faraz ibn Adam
www.darulfiqh.com