Animal Welfare under the Shari'a

This paper examines the law related to the specific issue of animals ritually slaughtered by the Muslim halal method for food in Australia. Currently, the main contentious religio-legal issue for Muslims is that some Muslim leaders have resisted the general use of stunning of animals before slaughter on religious grounds, and have reacted negatively to the RSPCA's recommendation that stunning is made mandatory in Australia. The validity or otherwise of this opposition is examined by interrogating the primary sources of Islamic law (the shari�a), and by examining the use of halal certification in the Australian food industry context. Particular attention will be given to how Australian law and practice relates to the broader law on what is lawful under the shari�a. The paper then examines possibilities of using this broader understanding of Muslim law to promote animal welfare, and concludes that the shari�a is a greatly underutilised means of protecting animal welfare, not only in Australia, but also among Australia's trading partners with Muslim majorities.1