Question Summary:
Qurbani overseas – valid ikhtilaf amongst muftis Question Detail:
Regarding qurbani done in another country, there is a fatwa mentioned by you at http://www.askimam.org/public/question_detail/27225. However, at Darulifta Deoband, the fatwa is given as http://darulifta-deoband.org/showuserview.do?function=answerView&all=en&id=8404
Is this something of difference between ulama. Please clarify the issue. JazaKAllah for the efforts
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
Assalāmu ‘alaykum wa rahmatullāhi wa barakātuh
There is disagreement amongst contemporary muftīs on the question of performing qurbānī overseas. If the qurbānī animal was slaughtered overseas one day before ‘Īd al-Adhā, based on a different date observed for ‘Īd al-Adhā at the place of slaughter, there are two views on whether the qurbānī in such a case will be valid:
One group of muftīs believe performing the qurbānī one day before ‘Īd al-Adhā is invalid, even if the 10th of Dhul Hijjah (‘Īd al-Adhā) has entered in the place of slaughter. Their reasoning is that the individual is not yet liable for the obligation (nafs al-wujūb) of qurbānī, and it is evident that the obligation cannot be discharged before its existence.[1]
Another group of muftīs believe that consideration is always given to the place of slaughter. As long as the qurbānī animal is slaughtered on the correct dates (i.e. 10th, 11th and 12th of Dhul Hijjah) at the place of slaughter, the qurbānī is valid, regardless of when these dates were observed by the individual for whom the qurbānī was performed.[2]
An individual is at liberty to accept either of these two opinions from a recognised muftī that he trusts.
And Allah Ta‘ālā Knows Best
Zameelur Rahman
Student Darul Iftaa
UK
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net
[1] According to this opinion, the statements of the classical fuqahā’ that consideration will be given to the place of slaughter and not to the place of the individual, is restricted to the situation where the day of ‘Īd al-Adhā is observed on the same date in both places. If ‘Īd al-Adhā is observed on different dates, then the slaughter must be done on a date that is valid in both places.
[2] According to this opinion, the liability (nafs al-wujūb) of qurbānī is established by mere ownership of wealth that exceeds the nisāb value (ghinā). It is not dependent on the day or time. Although this liability is established by the mere ownership of wealth, the days of slaughter make the performance of qurbānī binding (wujūb al-‘adā). Moreover, performing it on the days of slaughter is a condition for its validity (shart al-sihhah). (Hence, the time is both a shart al-sihhah and sabab wujūb al-‘adā’. It is not sabab nafs al-wujūb.) This condition is met by observing the dates of 10th, 11th and 12th of Dhul Hijjah in the place of slaughter, as this is what is given consideration in Sharī‘ah. Muftī ‘Abdur Rahīm Lājpūrī (rahimahullāh) held this opinion. Muftī Rashīd Ahmad Farīdī (dāmat barakātuhū) has compiled a detailed explanation and defence of this position in a treatise called Tahqīq al-Kalām fi Bayān al-Sabab li Wujūb al-Ahkām.
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