Fatwa ID: 87778
Title: On the Purity of Dogs and the Permissibility of Owning Them for the Blind
Category: Purity
Scholar: AMJA Resident Fatwa Committee
Date: 01/14/2025

Question

On behalf of Islam By Touch and the blind Muslim community, I am seeking a fetwa from AMJA, the Association of Muslim Jurists of America, in regards to service animals, specifically guide dogs for the blind. Blind individuals and others who use service animals have been denied services by Muslim service providers due to their use of service animals. For example, Muslim Uber and Lyft drivers have refused service to blind passengers with guide dogs. This is a significant barrier for blind individuals who rely on rideshare services due to their inability to drive.

  1. The permissibility of using service animals for disabled Muslims to live a full and fulfilled life.
  2. The permissibility and obligation of Muslim service providers to offer services to individuals who use service animals.


Answer

A concession is made for the blind person to acquire a dog to guide them on the road or to assist him with some aspects of daily life, as this is a need which analogy is made for upon the cases where the Prophet (peace be upon him) permitted acquiring dogs, and they are the hunting dog, crop dog, and herd dog.


Most scholars have opined that the permissibility of acquiring dogs is not limited to the three situations mentioned in the hadith, rather analogy is made upon them for that which the need for a dog is similar or even more urgent.


Imam Ibn Abd al-Barr, the Maliki scholar, said in his book Al-Tamhid: " For me, the permissibility of acquiring dogs for all benefits and to ward off harm if a person is in need of that, enters into the meaning of this hadith."


Imam al-Nawawi, the Shafi’i scholar, said in his Sharh of Sahih Muslim: "There is a difference of opinion about the permissibility of acquiring dogs for purposes other than these three matters—such as guarding homes and streets. The preponderant opinion is that it is allowed, due to analogy upon the three mentioned matters, acting upon the understood effective cause from the hadith, and it is the need."


Imam Ibn al-Mibrad, the Hanbali scholar, said in his book Al-Ighrab fi Ahkam al-Kilab: "There is no doubt that the Prophet (peace be upon him) permitted acquiring hunting dogs in multiple hadiths and stated that the reward of the one acquiring it for hunting would not be diminished for using such dogs. He also permitted the herd dog for livestock, for sheep, and the crop dog. Thus, it was known that the effective cause indicating the permissibility of acquisition: is the benefit, and the ruling revolves with its effective cause in terms of presence and absence. Thus, if the benefit is present, then acquisition is permitted. Some benefits are more important and greater than the benefit of crops, while some benefits are equivalent to those which the Divine Law mentioned."


Regarding purity, this is a subject of scholarly debate. The correct view among the scholars is that the sweat and hair of a dog are pure. However, its bodily excretions of urine and feces, are impure by consensus.


There is valid disagreement regarding the purity of a dog’s saliva. The majority of scholars consider it impure, while the Malikis hold a different view. It is permissible to follow the Maliki position  and those that followed them of considering it pure, in cases of strong need or widespread need. This is particularly relevant for people who rely on assistance dogs. And so there is a concession for taxi drivers to transport blind passengers with their service dogs. Imam Ibn Taymiyyah stated in Al-Masā’il al-Mardīniyyah: " According to the more apparent scholarly view, one does not need to wash off the hunting dog’s saliva from the animal it hunted, which is also one of the two narrations from Imam Ahmad. This is because the Prophet (peace be upon him) did not instruct anyone to wash this off, for he pardoned the saliva of the dog when there was a need, and he ordered it to be washed in other than the  circumstance of need. This indicates that the lawgiver was in line with the benefit and need of creation."


And Allah knows best.