Culling of Stray Dogs as a Mean to Eliminate Rabies Transmission: An Analysis from Malaysian and Islamic Law Perspective with Special Reference to Ḥifz Al-Nafs (Protection of Life)

Abstract

This paper aims to examine the position of culling of stray dogs during the 2015 rabies outbreak in Malaysia as a measure to eliminate rabies transmission from the perspective Malaysian legal framework and Islamic law with special reference to ḥifz al-nafs (protection of life). For that purpose, this paper discusses the Malaysian law and policy pertaining to rabies and rabies control as stated in two Malaysian statutes, namely Animals Act 1953 (Act 647), Animals (Amendment) Act 2013 (Act A1452) and Prevention and Control of Infectious Diseases Act 1988 (Act 342). It further analyses the position of culling of stray dogs in eliminating transmission of rabies from the Islamic law perspective by applying the concept of maṣlaḥah mursalah (consideration of public interest) and sadd al-dharā’iʿ (blocking the means) in order to analyze the measure within the framework of maqāṣid al-Sharīʿah (objectives of Sharīʿah) in general, and ḥifzʿala al-nafs (protection of life) in particular. In the light of these objectives, it also evaluates the position of culling of stray dogs by outweighing the situation when the life of human were in conflict with the life of animals (i.e. stray dogs) using the Islamic legal maxim. This paper concludes that the position of culling of stray dogs as a measure in eliminating rabies transmission is permissible (mubaḥ) in order to protect the public interest and to remove hardship in the society based on the evaluated determinant factors within the determined time scope, that are: i) the Malaysian experience and condition during the rabies outbreak; ii) the shortage of rabies vaccine in Malaysia during the outbreak; iii) the vital nature of the rabies virus; iv) the nature and habit of stray dogs as the main host of rabies virus; v) the nature of the conflicted harms between the harm to human and harm to stray dogs. It further concludes that the measure is important to protect the public health which consequently significant to achieve the social harmony.