The rule of Sūq al-Muslimīn (Muslims’ Market)

The rule of "Sūq al-Muslimīn" (Muslims' Market) (Arabic: قاعدة سوق المسلمين) is a jurisprudential rule according to which the buying and selling of the skin and meat of slaughtered animals in the Muslims' Market is lawful, and the animal is ruled to be pure, and there is no need to investigate its tadhkiya. The jurists have affirmed the authority of this rule based on consensus (ijma'), the conduct of the religious people, and narrations. This rule is considered among the amarat shar'iyya (legal indicators) which take precedence over the practical principles (usul 'amaliyya). Based on the opinion of the scholars of "'ilm al-usul", when a bayyina (legal testimony) or the report of a just person conflicts with the rule of "Suq al-Muslimin", this rule does not apply, and based on the principle of the absence of "tadhkiyah" of the animal, the meat and skin of the slaughtered animal are ruled as not lawful (halal).

Content of the Rule

Suq al-Muslimin or the Muslims' Market is a jurisprudential rule according to which the buying and selling of the skin, meat, and parts of permissible-to-eat animals is permissible in the Muslims' Market, and there is no need to investigate their lawfulness and purity.

What is meant by Suq al-Muslimin is a market in which most or all of the sellers are Muslims.

Position and Importance

The rule of Suq al-Muslimin has been discussed in works under the title of jurisprudential principles/rules ("qawa'id fiqhiyya"). It has also been discussed in the science of "usul" (principles of jurisprudence) as one of the legal indicators (amarat), in a scattered manner, concerning its authurity (hujjiyya). Jurists have relied on this rule to derive legal rulings in some chapters of jurisprudence, such as daily prayer, purity, transactions, food and drink, and hunting and slaughter.

According to some jurists, since the validity of certain transactions, such as the buying and selling of animals, meat, skin, and other parts thereof, as well as consuming their meat, is based on this rule, if this rule lacks authority (hujjiyya), these transactions will face problems. Hence, every Muslim would have to personally slaughter animals, which would cause hardship, undue difficulty, disruption of the Muslim system, and consequently, lack of prosperity in their market. Based on this rule, the buying and selling of meat and parts (wool, skin, leather, etc.) of permissible-to-eat animals in Islamic countries is permissible, and their purity is ruled upon.

Position of the Rule in Relation to Other Legal Indicators (Amarat)

In the case of a conflict between the rule of Suq al-Muslimin and one of the usul 'amaliyya (practical principles), the rule of Suq al-Muslimin, due to being an amara (legal indicator), takes precedence; because the basis for using a practical principle is doubt, and when an amara exists, there is no place for doubt. However, in the case of a conflict with other amarat such as bayyina (legal testimony) and the report of a just person– assuming their authority in factual matters – these amarat take precedence over the rule of Suq al-Muslimin.

Evidences

The jurists have affirmed the authority of the rule of Suq al-Muslimin, by relying on evidence such as consensus, narrations, and the conduct of the religious people.

• Consensus: According to the consensus of the Shi'a jurists, Suq al-Musliminis authoritative and indicates the lawfulness and purity of the meat and animal parts purchased from the market of Muslims. Some others, however, have stated that this consensus is "madraki" (based on specific textual proofs) and therefore lacks independent authority.

• Conduct of Religious people: The conduct of Muslims since the time of the Imams (a) has been to purchase meat and parts of permissible-to-eat animals from Muslims and the Muslim market without investigating or inquiring about the manner of the animal's slaughter.

• Narrations: Hurr al-'Amili, in the book Wasa'il al-Shi'a, has mentioned numerous narrations in various chapters on purity, hunting and slaughter, food and drinks, and trade which indicate the authority of this rule.

Scope

"Muslims" in this rule is in its general sense and is not specific to the Twelver Shi'a; and it also includes the other Islamic sects. Likewise, Suq al-Muslimin refers to the markets and places in Islamic lands, and it is not necessary that all of their inhabitants be Muslims; rather, what is meant is that most of the inhabitants are Muslims.

According to the opinion of Shahid al-Thani, if the Muslim and non-Muslim inhabitants are equal in number, or if the non-Muslims are greater in number, it is not considered Suq al-Muslimin, unless the animal's meat is obtained directly from the hand of a Muslim. He also believes that for the realization of Suq al-Muslimin, the ruler being a Muslim is not a requirement. However, Ayatollah Burujirdi has considered predominance to mean the ruler being Muslim, even if the majority of the people there are not Muslims.

Sayyid Ali Tabataba'i, in the book Riyad al-Masa'il, considers the criterion for recognizing Suq al-Muslimin to be common view ('urf) and believes that Suq al-Muslimin exists in a place where all or most of the inhabitants are Muslims.