PLEASE NOTE THAT IN THE FUTURE OUR NEWS REPORTS AND UPDATES WILL BE POSTED ON OUR BLOG. WE INVITE COMMENTARY.
THANK YOU.
•••
In accordance with the Islamic Faith
Legal systems in any specific society during a particular era are not the result of a random incident caused by chance or the result of a passing whim, but are the result of circumstances as well as of various political, economic, social, philosophic and other factors. Therefore law was devised to regulate the life of people regarding a specific issue. Law is a collection of general abstract rules that regulate the behavior of the human being in society, and include penalties applied against people who break those rules.
The Need to Pass a Law for Kindness and the Prevention of Cruelty to Animals
In past eras cruelty to animals was present in various forms. Today animals are still killed and hunted with traps and ambushed with weapons used by rich people as status symbols. To this day we still suffer to witness the killing of animals, or cruelty and violence against them. Such acts are not justified by religion, humanitarian or civilized behavior.
In their own ways, all religions have attempted to realize a just equilibrium of reciprocal rights and duties between the human being and other creatures. All divine scriptures include penalties for acts of cruelty against animals, but religious scholars or the public at large did not give much thought to such penalties. Both religion and science confirm that the human being is the acme of creatures; science bases its confirmation on the human being’s psychological superiority over other animal creatures, while religion bases its confirmation on the spiritual and de facto superiority of the human being over animals. Islam also declared the human being the best of God’s creatures and described the human being as God’s deputy (Khalifa) on earth.
Islam is a merciful and kind religion , not only for human but also for God’s creatures includes animals. The religion of Islam has definite rules regarding the care and treatment of animals. It states we must be merciful and that all creatures have, like man, feelings and they feel pain, fear and love.
“ And we did not send you but as a mercy to all beings” ((Qu-ran 22-107)).
So man has a cruel heart should be careful , animals have mercy and kindness among them selves , how come a human like us ca not show mercy and kindness to animals. The man should be careful to lose merciful manners.
Surat Al “Bakkara – 30”
Animals are Miracle life as one homogeneous organism, always mention in Qu-ran that animals are God’s miracle. “ Do they not reflect how the camels were created “ (( Qu-ran 88- 17))
Using Animals All religions allowed man to use animals but based on mercy and any creatures life is secret and has the right for continuos and protection. Prophet Mohamed said: 'Who was being mercy to even slighted bird , God will show mercy to him. '
“ God created cattle for you ( you find ) in them warmth, benefit and from them you eat.” (( Qu-ran 16-5 ))
Dealing with Animals
Islam forbid causing physical harm to Animals :
Prophet Mohamed said: God cursed a man who hit his camel in his face. Prophet Mohamed said: God cursed a man who marked his Donkey in his face. “ God has cursed him, and he said to God; "I Will most surely take due share from your servants.”
Prophet Moh seen once he was wiping his horse’s face by hen of his cloth, when he was asked about that his answer was ‘ God chided him because he neglected his horse."
“And I will mislead them and I will create vain desires in them, and I will order them to slit the ears of the cattle ( an ancient superstition) I will command them and they will defense God’s creation( changing what God has naturally created in human and animal bodies) Whoever takes Satan for a guardian instead of God, he indeed suffers a manifest loss” (( Qu-ran 4 – 118,119))
Slit : means ….. Cut off.
Prophet Mohamed forbid Moslems to be cruel to animals
Animals have feeling and motion. Ibn Massoud narrated that prophet Mohamed and his group were travelling , some of his followers saw a mother hen one of the followers took her chicks , but Moh saw the chicken was distressed so he ordered the person who took the chicks to put them back for the mother hen’s sack.
Prophet Moh seen once he was wiping his horse’s face by hen of his cloth, when he was asked about that his answer was ‘ God chided him because he neglected his horse."
God promises that he will exceed chastisement to any man who would cause harm to animals.
“ And there are among people he whose speech about this world’s life may dazzle you , and he calls God to witness about what is in his heart , yet he is most continuous of enemies.”
“ And if he obtain authority he strives to spread corruption in the land , destroying harvests and killing the human race , and God does not love corruption,” “ And when it is said to him : “ Fear God “, arrogance seizes him in his sin. Enough for him is hell, a miserable dwelling places! (( Qu-Ran-2 204-206)) “ Surely in the heaven and earth are sings for those who believe.” And in your own creation, and in the creatures that He spreads , there are Signs for those of assured faith.” (( Qu-ran 45 , 3-4 ))
The word human race mentioned above refers to animals.
Animals are communities
"There are on animals on earth, no bird which flies on wings they are communities like you. We have neglected nothing in the book, their lord they will be gathered "(Qu'ran 6:38 )
Animals can communicate with each others but God did not give man the gift to understand their language.
“ Until when they came to the valley of the ants , an ants said: O you ants! Enter your dwelling place , lest Soliman and his hosts trample you without noticing!” (( Qu-ran 27-18 )).
"And the earth, He has assigned it to all living creatures " (Qu'ran 55:10) Prophet Mohamed said: We have to show mercy to all animals and God will show mercy to us.
Therefore our kindness will open the door to paradise.
A story from beginning of Islam says: A man was walking in the desert when he came to a well. He quenched his thirst. Then he saw a dog, who was also very thirsty. The man filled his shoe from the water and the dog drank from his shoe. For this kind action, the man was admitted to paradise.
a) Balance in Nature b) Conservation of Species
The Holly Qur'an and Mohamed’s sayings have addressed the above subjects in great detail. However, until recently, few scholars felt any need to study them seriously. Some of those who did were not interested enough to comprehend their full significance. It is only now when modern scientific research has started corroborating the Qur'an statements, that Muslim theologians have begun to give serious thought to the current problems related to animals.
All the sources of Islamic instruction , especially the Qur'an lay great emphasis on Nature Study in order to understand life as one homogeneous organism. The Holly Qur'an of verses exhorts man to study nature – the planetary system, the terrestrial elements, the fauna and flora on earth . The real purport of this repeated appeal in the Qur'an is to give credence to the existence of God as the primeval Originator of the universe. But the point of concern here is that the creation of animals takes a very prominent place in Qur’an. Here are a few of the numerous such verses:
"And also among mankind and creatures and cattle, diverse are their colours too. Surely those of his servants who have knowledge fear God alone. Indeed God is Almighty, All- Forgiving." (53: 28 )
"Verity in the heavens and the earth, there are portents for the believers. And in your own creation, as well as in the creation of all the animals pervading the earth, there are portents for those who believe " ( 45:3,4 )
"Behold! Everything we have created is in due measure and proportion"( 54: 49)
B) Conservation of Species
Thanks to modern scientific research, we have begun to appreciate that the ecological and environmental balance of our planet is of paramount importance for life on earth. This balance rests on very complex and interwoven laws of nature. The wild animals in the forest, if left on their own, generally adapt themselves to those laws and learn to abide by them. One seldom sees environmental damage being done by the animals living in their natural habitats such as in the tropical forests. It is only the human species who have the idiosyncrasy to flout those laws and upset the balance of nature. And it is the humans, of all the species on earth, who need to have religious and secular education to make them realize that they are here to harness nature instead of leaving behind them trail of wanton destruction for posterity.
Contrary to certain scientific postulates, the Islamic concept is that, in the Divine design of animated nature, there are some fine differences providentially created and preserved in the origin of species to keep them distinct one from the other. Territorial, climatic and other such evolutionary processes may change their ethological characteristics and anatomical structures. In their struggle for existence, animals may learn how to camouflage themselves to distract attention by impersonation and manipulation of their environment. But no species can transgress beyond the orbit of its genetic origin.
Animals are important for Conservation of Species
“ The originator of the heavens and earth, He created from yourselves your wives , and for the cattle mates, multiplying you therein. “ (Qu-ran 42, 11)
There are five Surat of the Holy Qur-an named after animals, bird or insects indicating that those creatures are valued and appreciated by God. But the present situation in Egypt results from misinterpretation of the meaning of the Holy Qur-an and not following the teachings of Islam due to lack of education and ignorance. In fact, if man has no idea how to treat his fellow man, how can we expect them to respect animals?
In the future we hope to improve the humane attitude to animals in Egypt . There are many animal welfare problems in Egypt and we cannot remedy them all at once. But as animal lovers we must start somewhere and this is a crucial step toward developing a humane environment for all animals in Egypt , which will in turn improve the quality of life for the people of Egypt.
Animal welfare is given very low priority in Egypt today due to people misinterpreting the meaning of the Holy Qur’an. They also don’t follow the teachings of Islam due to lack of education and ignorance. Consequently, an animal welfare law is needed.
Furthermore, there is urgent need to pass a law in Egypt for the Prevention of Cruelty against Animals from an economic perspective. The suggested law should refer to animals’ public health, especially slaughtered animals inside and outside slaughter houses. It should also mention the way animals are fed, question if this way affects consumers in a positive or negative manner, and the effect on governmental spending and on production.
Passing this law would elevate Egypt in the ranks of enlightened countries, enhance Egypt ’s international standing, help economic growth and increase Egypt national income as the result of additional tourism., and as the result of the good publicity that tourists and foreign residents can propagate.
We can say that adoption of a special law for the protection of animals would be a translation into an earthly law of what was stipulated in the Holy Koran and in the Prophet of God Sunna regarding kindness and compassion to animals.
Legislature Related to Animals in Egyptian Law
1-The Penal Code
2-The Environmental Law
3-The Agricultural Law
First: The Penal Code
Article 355 stipulates that:
Individuals guilty of the following are punished by penal servitude:
-9- “First: Willfully killing without purport a riding animal, a carrying beast, a towing beast or any other type of livestock or extensively harming any of them.”
“Second: Poisoning any of the abovementioned animals or any kind of fish found in rivers, canals, swamps or ponds, would put the individual under police observation for a period of no less than one year and no more than two years.”
“Any individual attempting to commit any of the abovementioned crimes at night will be sentenced to penal servitude for a period of no more than 1 year, or will pay a fine that will not exceed 200 LE.”
Article 357 stipulates that:
“Any individual who willfully kills or poisons without purport a tame animal not mentioned in Article 355 or does it any major harm shall be punished by a jail sentence that does not exceed 6 months or by a fine that will not exceed 200 LE” •
As shown in Article 355 any individual who kills a riding animal etc...will be punished by penal servitude, incarceration here is mandatory, meaning that the law does not give the judge the option to consider a jail sentence or a monetary fine. If an individual stands in court accused of this crime the judge has to sentence him in the manner stipulated by the Law, which is penal servitude, the length of the sentence should not exceed three years and the prisoner would perform labor in one of the prisons in the manner the government sees fit.
The legislature also stipulated a penalty for Attempt to commit a Crime and penalized it by penal servitude or a monetary fine. “Attempt” is defined by Article 45 of the Penal Code as initiating an action with intent to commit a crime or a misdemeanor, while the incompletion of the act or its failure are due to circumstances beyond the will of the perpetrator, because curtailment of the crime is due to the execution not being carried to conclusion by being stopped or foiled. Punishing “Attempt” might discourage the perpetrator from committing a crime.
When the Penal Code was adopted in 1937, the legislator stipulated a rigorous and sterner punishment for this crime, due to the fact that some farmers used to kill the animals of others for revenge.
In 1982 the Penal Code was amended with the addition of Article 357, which criminalized killing or harming domesticated animals that were not mentioned in the previous Article (domesticated means all domestic, non-wild animals or animals that do not harm the human being, this includes cats and dogs in addition to cattle an riding animals mentioned in the previous Article). Article 357 stipulated the penalty of incarceration for a period that will not exceed six months or a monetary fine that will not exceed 200 LE, we think that it would have been preferable to restrict the penalty to mandatory incarceration without the option of a monetary fine, to make the penalty bear fruits in the matter of incrimination. Some opinions explain the presence of mandatory incarceration in Article 355 and not in Article 357 by the fact that when the legislation was adopted in 1937 many farmers used to kill animals owned by others and used in agriculture because of problems and differences between them.
But this opinion can be disputed by the fact that preserving the animal assets used in agriculture is equivalent to protecting the environmental balance that God Almighty has created when domesticated animals are killed without valid reason, in addition to the humanitarian and economical aspect, which depicts Egypt as not civilized. Furthermore killing domesticated animals and pets is against compassion and kindness that all religions advocate, especially by the Islamic religion and the true speeches of the Prophet. Based on all of the above, we think the legislator should have stipulated incarceration without the option of paying a monetary fine. We think also that the Article should have penalized “attempt to commit a crime” in view that the ground for incrimination (lex loci delictus) in both Articles is killing or harming an animal.
In the Environmental Law
The Environmental Law did not pay much attention to animals except in Article 28 but even in this Article it was not adapted to the Penal Code. The Penal Code strongly penalizes killing or harming animals with a somewhat stern penalty, while the Environmental Law focused on specific kinds of wild birds and animals threatened with extinction, and regulated the issue of hunting and the issuance of hunting licenses, as hunting is not totally incriminated by the Law in regions where it is permitted.
Article 28 of Environmental Law #4 of 1994 stipulates:
“It is totally forbidden to hunt, kill or capture wild birds and animals defined in the Law Executive Regulations, it is also forbidden to own such birds and animals, to walk about with them, sell them or display them for sale dead or alive.” • “It is forbidden to damage the nests of the mentioned birds or to destroy their eggs.”
“The Law Executive Regulations define the regions where this Law is applied and list the conditions needed to secure a hunting license in those regions, as well as the administrative authorities responsible for the implementation of this Article.” •
Article 84 of the same Law stipulates under Penalties:
“All who violate Article 28 of this Law will pay a fine of no less than 200 LE and no more than 5000 LE, and will have the impounded birds and animals confiscated from them as well as the tools and utensils used to commit the violations.” •
Agricultural Law #53 of 1966 stipulates:
“It is forbidden to shoot, kill or capture in any manner birds, useful to agriculture, and wild animals; it is also forbidden to own, transport, walk with, sell and display them dead or alive.”
“It is forbidden to destroy the nests of the abovementioned birds or to kill them.”
“The Minister of Agriculture will issue a decree defining the type of birds and wild animals as well as the regions to which the rules of this Article apply, the decree will
also define the conditions needed to obtain a license to exceptionally hunt those birds and wild animals for scientific reasons or for tourism.”
The Agricultural Law did not stipulate any protection for animals except in the above mentioned Article, the Article only forbids hunting birds and wild animals, other Articles in the Law regulate the slaughter of male livestock to preserve animal assets, which is in no way related to compassion and mercy, therefore the Law does not contain any Articles for the protection of animals per say. The main purpose of this Law was to ban hunting certain species of animals and birds in specific regions to protect them from extinction, and the legislator was not right when he gave the Minister of Agriculture the authority to grant exceptional hunting licenses for scientific purposes and for tourism, which opens the door wide for exceptions that soon become the rule, while they should remain as exceptions.
Our Opinion: First: All previously mentioned laws were imperfect and did not provide sufficient protection for animals, they were adopted to protect animal assets or preserve agricultural wealth, which is served by animal beasts, cows and buffaloes, therefore they were not intended to protect animals and prevent cruelty, torture and killing of animals, all of which are acts perpetrated by humans against animals.
Second: We consider adopting a new specialized legislation that would group all laws and ministerial decrees dedicated to the protection of animals, to which would be added new articles that stipulate compassion and mercy. The Law should also include chapters on pets and animal beasts in addition to regulations regarding the operation of slaughterhouses, banning the use of cruelty in slaughtering animals, another chapter should be focused on the protection of natural resources and a final chapter would include determined penalties on the condition that penalties include owners, users and people responsible for animal welfare. Societies for the Prevention of Cruelty to Animals advocated this course during the Conference on the Care and Development of Animal Resources in Islamic Civilization, the Conference main recommendation was to issue a new legislation for Compassion and Kindness to Animals.
-13- Conference on Protection and Development of Animal Resources in Islamic Civilization and in Modern System
(Conference held from8-10 Moharram 1425/28 February-1 March 2004) This conference was initiated by the S. A. Kamel Center for Islamic Economics at Al-Azhar University in Cairo in association with NGOs. Al-Azhar is considered the biggest Islamic center of the Islamic countries.
Conference Recommendations
The Conference was held from Saturday 8 Moharram 1425, equivalent to 28 February 2004 , to Monday 10 Moharram 1424, equivalent to 1 March 2004 . The opening ceremony was attended by Sheikh El Azhar the Great Imam, Doctor Mohamed Sayed Tantawy, a constellation of scholars in Shariaa and Veterinary Medicine, and representatives of other specialized government organizations and of non-governmental organizations for Animal Welfare in Egypt, the United States, Switzerland, Germany, England and South Africa. During eight sessions forty research papers were presented to the Conference, and were debated during three seminars; all the sessions were well attended. •
The Center’s policy is to issue recommendations following Seminars and Conferences held in it. These recommendations must be focused and relevant to the subject discussed, must be realistic and applicable and must also designate the institutions responsible for the implementation of each recommendation and must reflect the Center’s commitment to help with their implementation. The Conference thus issued the following recommendations:
First: The participants recommend spreading awareness of the issue of the protection and development of Animal Resources, and of the prevention of cruelty to animals based on Islamic values and rules using the following measures and techniques:
Regular publication in newspapers and magazines through allocation of a weekly space or within weekly pages allocated to environmental awareness, and agricultural achievements by publishing this issues in Islamic newspapers and magazines and in pages dedicated to religious matters in newspapers. “The Center will contact the Higher Council for Journalism and Editors in Chief of newspapers and magazines.”
•
Recommend that the subject of care and kindness to animals be incorporated in religious speeches and lessons delivered in mosques. “The Center will contact the Ministry of Awkaf and the Preachers Administration in Al-Azhar. The Center will also hold training courses for religious Preachers on the subject of the safeguard of animals.”
Second: The participants recommend supporting and developing awareness of the role of NGOs working in the field of animal protection, animal welfare and animal treatment, by simplifying procedures to establish them, offering them material backing, and asking specialized governmental institutions to support them. And within the framework of the General Union of NGOs, establish a specialized union for these associations.
“The Center will contact the General Union of NGOs and the Ministry of Social Affairs”
Third: The participants recommend drafting an independent law on the nurturing of animals and kindness to them by gathering various articles found in related laws, and using similar legislation of other countries as references. The new law would be based on the distinguished Islamic position related to caring for animals, developing animal resources and treating living creatures with kindness and compassion.
“The Center is prepared to help draft this law through the Committee for Economic Legislation and present it to the concerned authorities.”
Fourth: The participants advise the Supreme Council of Universities to incorporate the idea of caring for animals and treating them with kindness within the curriculum of the Faculty of Veterinary Medicine and in departments of Animal Production in Faculties of Agriculture using the values and rules of Islam in this matter. To advise that animals be used sparingly in scientific experiments, and to apply compassion when they are used, thus using the Islamic heritage to refine the vocation of veterinary medicine.
“The Center will contact the Supreme Council of Universities."
Fifth: The participants advise the General Organization for Veterinary Services, as the official party responsible for the welfare and development of animal resources in Egypt, to include in its Statute and its periodically issued directives the need to observe sound principles in raising and exploiting animals, specifically in the areas of accommodation and feeding, to use safe vital techniques and Islamic rules in slaughter, preparation and importation of meats, and to use merciful killing to get rid of dangerous animals.
“The Center will contact the General Organization for Veterinary Services.”
Sixth: The participants advise El Azhar and its Universities to prepare a document that would be a Declaration of the Rights of Animals from an Islamic point of view, to translate the Declaration and publish it worldwide to profit from it and to answer unfair accusations directed at Islam and Moslems.
“The Center is prepared to form a committee to draft this document, translate it and publish it.”
Seventh: The participants recommend informing interested institutions, organizations and governmental bodies in Islamic countries about the Conference debates, researches and recommendations for their benefit.
“The Center will contact them and send the Conference material to all.”
-16- UNIVERSAL DECLARATION OF ANIMAL RIGHTS Preamble CONSIDERING that Life is one, all living beings having a common origin and having diversified in the course of the evolution of the species; Considering that all living beings possess natural rights, and that any animal with a nervous system has specific rights; Considering that the contempt for, and even the simple ignorance of these natural rights cause serious damage to nature and lead man to commit crimes against animals; Considering that the coexistence of species implies a recognition by the human species of the right of other animal species to live; Considering that the respect of humans for animals is inseparable from the respect of man for another man.
IT IS HEREBY PROCLAIMED: Article 1 All animals are born equal and they have the same rights to existence. Article 2 a) Every animal has the right to be respected. b) Man, like the animal species, cannot assume the right to exterminate other animals or to exploit them, thereby violating this right. He should use his conscience for the service of the animals. c) Every animal has the right to consideration, good treatment and the protection of man. Article 3 a) No animal should be submitted to bad treatment or cruel actions. b) If the death of an animal is necessary, this should be sudden and without fear or pain. Article 4 a) All animals belonging to a wild species have the right to live free in their natural environment, and have the right to reproduce. b) Each deprivation of freedom, even for educational purposes, is in opposition to this right. Article 5 a) Every animal that usually lives in a domestic environment must live and grow to a rhythm natural to his species. b) Any change to this rhythm and conditions dictated by man for mercantile purpose, is a contradiction of this law. Article 6 a) All animals selected by man, as companions must have a life corresponding to their natural longevity. b) To abandon an animal is a cruel and degrading action. Article 7 Working animals must only work for a limited period and must not be worked to exhaustion. They must have adequate food and rest. Article 8 a) Experiments on animals that cause physical and mental pain, are incompatible with animal rights, even if it is for medical, scientific, commercial or any other kind of experiment. b) A substitute technique must be investigated and developed. Article 9 In the eventuality of an animal bred for food, it must be fed, managed, transported and killed without it being in fear or pain. Article 10 a) No animal should be used for entertainment. b) Animal exhibitions and shows that use animals are incompatible with an animal's dignity. Article 11 Every action that causes the unnecessary death of an animal, is cruel which is a crime against life. Article 12 a) Every action that causes the death of a lot of wild animals is genocide, that is a crime against the species. b) Pollution and destruction leads to the extinction of the species. Article 13 a) Dead animals must be treated with respect. b) Violent scenes, where animals are the victims, must be forbidden at the cinema and on TV, unless they are for the demonstration of animal rights. Article 14 a) Protection and safeguarding associations must be represented at government level. b) Animal rights must be defended by law as are human rights.
The text of the UNIVERSAL DECLARATION OF ANIMAL RIGHTS has been adopted from the International League of Animal Rights and Affiliated National Leagues in the course of an International Meeting on Animal Rights which took place in London from 21st to 23rd September 1977. |
