NEW! REVISED EDITION- CHAPTER 5- LEGAL FRAMEWORK FOR ANIMAL RIGHTS AND GAME MANAGEMENT IN NIGERIA

CHAPTER 5

THE ANIMAL RIGHTS, GAME MANAGEMENT AND DEVELOPMENT QUESTION

INTRODUCTION

        Owing to the indispensability of the country’s natural resources for a viable economy and wealth, a rational approach in the use of land and natural resources is a necessity for their sustainability.  The need to guarantee the existence of basic and good game management is paramount.  A good game management is an essential instrument for a sustainable development as it is projected to meet the needs of the present generation without compromising its benefits for the future generation. 

It should be a priority to maintain a balance among the quality and proactive capacity of the environment, the natural resources, the human population density and the systems of production.  Proper use of land, water and air form the basis for the past and present human interaction and the effects of such interaction with the natural resources and the environment is an indispensable tool for natural and sustainable allocation of renewable resources and energy for future development.In Nigeria, all land development programmes, policies and projects have evolved without the requisite appreciation of the values inherent in game management.

       

        Good game management is very essential in abridging the space between resources utilization and conservation of the resources.  The wealth of any nation is a function of the state of its natural resources of which the economic potentials are propelled by technology.  Conservation which means saving or careful management of natural resources, involve the exploitation of our valuable natural endowments in such a way that they serve us better and longer than they would otherwise. 

                                                              

        As said in the early chapters of this work, game, apart from the fact that it constitutes a renewable natural resource, also forms a source of renewable energy if properly managed.

        The management is in the sense of its improvement of livestock or domestic animals.  It should be noted however that today’s domestic animals have their progenitors in the wilderness.  Our livestock are products of the wild. Apart from dog, the Yorubas also give domestic fowl names such as “Goloba”, “Asa”, “Abolorun”, “Opipi”. The exotic breeds include New Hampshire, the Plymouth Rock, the Rhode Island Red, Wyandotte, Cornish, Orpington, Speckled, Sussex, Australorp, White Leghorn are all descendants of Red Jungle Fowl of Asia.

Domestication is a process. Domestication as defined in the Oxford English Dictionary is to tame to reclaim (an animal or plant) from a wild state.  The distinction which is usually made between domestication and taming is that the former includes controls of the reproductive phase of the life cycle and selection of precuts whilst taming does not. Taming is the practice of eliminating the desire of an animal to flee and possibly of training the animal to perform some useful function. On the basis of what is known about the inheritance of characters it is reasonable to assume that those animals which could be most easily tamed would be the ones most likely to reproduce in captivity and so form the basis of a domesticated group.  Thus it is clear that any species which is domesticated has at some stage passed through a period of taming.

Animal domestication is a part of the whole process of agricultural development which commenced at the end of the Paleolithic or Old Stone Age and the beginning of the Neolithic or new Stone Age.  Obviously, it is not possible to be specific about dates on these matters but the process started around 1500B.C. There is evidence that the first animals to be domesticated, the dog and the rein deer were probably domesticated prior to at the commencement of agricultural development but that other species are more recent domesticates.

 It is known that agricultural development occurred independently at two man centres in the world one of these other referred to as the Fertile Crescent or Nuclear Asia is an area now represented by parts of Israel, Syria, Iraqi, Eastern Turkey and Northern Iran., the other centre which has been called Nuclear America, is an area which extends from Mexico the North American Continent through the Panamanian Isthmus to Ecuador, Colombia and Peru in the South American Continent.

        In recent past, it has been recorded that most of the game species not known to domestication some hundred years ago have started undergoing domestication and thus assume the status of domestic animals.

        The implication of this is that the energy derived at cattle shed slurries, pigry washings and abattoir waste would be complemented by the introduction of new game species into livestock.

        For instance, eland, a native African ungulate is now being conserved and managed as a source of food like other livestock in some African countries, particularly, Kenya.  The wild ungulates are naturally immuned or highly resistant to a number of diseases that afflict domestic cattle stock.  In terms of meat production and reproduction, the wild ungulates have a higher rate of flesh to body weight than domestic cattle and are highly prolific.

BIOGAS AS A SOURCE OF ENERGY AND

 NATION DEVELOPMENT

        Biogas shares some of the disadvantages of fossil fuels in that when burnt, produces pollutants such as waste gases, some of which are toxic.  These can be reduced by chemical processes before releasing the remainder into the atmosphere.

        The quantities involved are insignificant compared with other sources. Carbon dioxide - the “green house gas” is largely responsible for global warming is also released.  However, this originates from plants which have absorbed it from the atmosphere, so no additional carbon dioxide is involved.

        Decomposing materials produce some very unpleasant smells, and by capturing and using a large proportion of the biogas this effect can be greatly reduced- an important consideration- if the site is near a dwelling house.

        Inspite of the above, Biogas is readily available as a by product of waste for little extra investment.  By using it, we widen the source of energy resources and also help to dispose of the organic components of domestic and industrial waste.

        Since biogas is a high quality fuel, it can be used for many purposes including generating electricity, pumping water, agro processing etc.

        An excellent way to extract the maximum benefit from biogas is to make use of the waste heat that results from generating electricity, using a combined heat and power (CHP) plant.

        CHP or co-generation can be applied to generation on any scale, although at present, the economics tend to favour larger plants with an output of around half a megawatt or more.  Some commercial biogas stations in the U.K are of this type, supplying district heating to communities nearby.

        CHP can also be used to supply both heat and electricity to sites such as hospitals, light industrial units or commercial green houses.  Two types of biogas engine are in common use for electricity generation.  Small installations may use an internal combustion engine.  This works in the same way as a four-stroke petrol engine in a vehicle.  Each piston is driven down in turn by the expansion of a burning mixture of gas and air.  

       

        Larger plants normally use a gas turbine engine.  In this, a continuous flow of burning gas and air mixture expands through the multiple vanes of a turbine, spinning the turbine shaft.

        In either case, the engine drives a generation, which produces an alternating current for use locally or to supply the national grid.

        In Nigeria, electric power is generated by hydro and thermal means which include steam, gas and diesel with only Ughelli and Afam making use of gas. The National Electricity Power Authority (NEPA) now Power Holding Company Nigeria (PHCN) average daily power generation shows that Afam generates 210.70 MW.

        As a result of the simplicity and renewability of biogas, many countries have set out a policy of targeting renewable energy by the middle of this millennium.  For example, the U.K government has set a national target of 1,500 NW (DNC) new electricity generating capacity from renewable energy sources in the year 2000.  As of 1994, statistics for biogas power stations in the U.K. with output capacity range from 0.8-11 MW Landfill gas and 8.55 MW of sewage gas.

        In Nigeria however, the Federal Government already has a policy in place that 1,000 megawatts will be added to the national grid on annual basis, hence the award of contract to Siemens to construct the new station at Geregu, Kogi State, an over 360 million U.S. Dollars Gas Turbine Power Plant.

        Biogas could contribute to achieving these targets.  Biogas is somewhat higher than air, and has an ignition temperature of approximately 700⁰C (diesel oil 350⁰C, petrol and propane about 500⁰C).  The temperature of biogas flame is 870⁰C.  One cubic metre of biogas generates 5,500kcal corresponding to the thermal power of 0.6 litres of diesel fuel¹.

        Lighting and cooking Biogas can be used like any other combustible gas. Considerable number of the people in rural settlements uses kerosene for lighting lamps.  In the developing countries, women spend many hours collecting firewood.  This is a big burden on them and their time could be used for other productive enterprise.

        Biogas seems to be the most logical source of cheap energy in solving the major problems for people who are economically or geographically disadvantaged in getting or affording electricity or fossil fuel for cooking and lighting.

        The environment is being destroyed by the demand for firewood and to avoid the catastrophe, it has to be protected on way or the other.  Cooking with firewood produces lot of smoke, which is bad for the health of the women who tend the kitchen fire.  The smoke pollutes the air thereby causing problems with lungs, eyes etc. It is also believed that biogas will help in reducing deforestation as majority of the biogas owners use the gas for cooking.

       

The main use of biogas at present is for domestic purposes such as cooking and lighting.  Biogas can be used with suitable designed burners to give a clean, smokeless blue flame, which is ideal for cooking. It has been estimated that more than 87% of the people in Nepal use firewood for cooking.  After installation of biogas, firewood consumption has been greatly reduced.  This was shown by a comparative analysis made on firewood consumption before and after biogas installation.  Firewood is saved after biogas installation.  A study conducted by REDP in year 2000 has shown that roughly, this saves about 64% of the firewood consumption after installation of about 800 biogas plants.

RENEWABLE NATURAL RESOURCES

        As said in the early chapter of this work that game species or wildlife is a product of habitats which include forest, the ocean and rivers, the soil and its contents and composition and all other elements of the biosphere which are particularly utilised by man are natural resources.  It is renewable depending on how it is managed because for instance, disappearance without hope of recreating them may make them not renewable.  In reality, it is difficult to have complete disappearance without the hope of recreating them in view of the global sensitivity to conservation. 

Even though record has shown that some species of dinosaurs that dominated the earth for over 165 million years during Mesozoic era but mysteriously went into extinction about 65 million years ago probably because of the environmental and climatic changes brought about by an asteroid hitting the earth to which dinosaurs could not adapt².  Quagga also has gone into extinction.  Although, the hope of bringing back Quagga is alive, the global awareness of their usefulness today gives a respite that such situation would never arise again having regard to the development of biotechnology and various effects of both governmental and non-governmental policies in conservation of the endangered species.

        For Quagga, the chances of ever seeing it ended in Amsterdam zoo on August 12, 1883 when the last of this creature died.  What a the front and also mistaken for horse viewed from behind at one time existed across South Africa, when the first bushmen and Hottentot tribes of South Africa heard the quagga cough like bark, they were so amused that it was only natural to name them after the sound they made.  Sadly, during the 19^th century, the reverberating crack of the hunter’s gun ensured that quagga would join the silent ranks of the extinct until recently at Etosha Game Reserve in Namibia where a chance of retrieval was explored with promising result.

        Notwithstanding the above, wildlife is renewable natural resources and can be maintained more or less permanently depending on the way they are used.  In other words, they remain as long as they are removed at rates commensurate with their formation and the ecosystem maintained for their perpetuity.

        The benefits are in form of contributions reflective of both economic and non-economic indicator.  A natural endowment such as game species only become a resource when man is able to discover the socio-economic potential of it and thus utilise it to his advantage.

        Through the protection of their habitat, hydrological systems are stabilised, soil is protected, climate is stable, another form of renewable resources is protected, genetic resources is protected, breeding stocks, population resources and biological diversity are preserved, tourism and recreation are supported, employment opportunities created and facilities for research education are protected.

        The combination of renewable natural resources and ecological services described may be considered as the biological resources endowment of the country, the natural capital in which economic growth is based. This endowment is based on genes, species and ecosystems, which have actual or potential value to people. Biological resources are manifested as biological diversity.  This term refers to the variety of numbers and prevalence of ecosystems diversity.

       

        The non-consumptive benefit of wildlife as renewable natural resources is tourism and recreation, which have been known to the important sources of revenue.  Estimates of the actual contribution made by components of the ecosystem in eco-tourism have only recently been calculated.  Statistics show that foreign tourists in Zambia has increased to nearly 264,000 in 1996 from about 160,000 in 1995, a 60% increase in 1997, it increased to nearly 341,000,29% increase over 1996.  Tourism revenue also increased from 59.8 million Dollars in 1996 to 75.5 million Dollars in 1997.

        Generally, the development of tourism borders on two fundamental factors of supply and demand.  These two factors are adequately catered for by the Nigerian environment.  There are numerous potential tourist attractions and this accounted for the 30 million naira realized by National Parks in 2001.  Game reserves provide unique environment which attract the tourists to the excitement of seeing wildlife at a close range.  One of the most important sources of revenue in East Africa is tourism through wildlife.  In Kenya, next to agriculture is tourism as about 961 million Dollars was realised in 1989.

        In Medicine, wildlife has proved to be an indispensable tool.  Business is good at the Ruili bear farm is South Western China, near the border of Miyanmar.  In a long factory like building, 300 bears are kept in cages of about one square metre.  They are harnessed into metal suits like body-armour, with a built-in pouch for collecting their most valuable excretion-bile from their gall bladder, a highly prized remedy in traditional Chinese medicine³.

        Bear bile is used to treat a range of complaints such as cancer, hemorrhoids, conjunctivitis and sinusitis.  The gall bladders are used for serious liver diseases including cancer and cirrhosis.

        In the same vein, snail, a muscular soft bodied creature with a visceral mass, apart from offering itself to carnivorous man for meat as a rich protein, iron and calcium sources, the shell, a zinc repository is said to be good for weight loss, and prostrate health and the slimy secretion is a therapeutic agent for several ailments.  The ecological name of snail is Achatina.  It is know by different names in three major ethnic groups in Nigeria.  The Yoruba call it “Igbin”, Igbo call it “Ejuna” and Hausa – “Akhusa”.

Despite its culinary value, that is, meat, the snail according to traditional medical practitioners possesses valuable therapeutic effects.  For pregnant women, it is a source of non-calcium and the venom offers healing potentials for the treatment of wide range of ailment such as stroke, hemiglegia, migraine, high blood pressure, heartbeat and diabetics.  It is a pregnancy fortifier for the viability of the foetus basically to prevent miscarriage.  The slimy irritating substance, the bluish substance that drops when the snail is cut from the rear is actually the “serum” of the snail which is employed in the traditional medicine in the treatment of stroke.  Snail is used to stop bleeding during circumcision in Yoruba land.  The land snail, which is the commonly preferred species, is one out of its kind, which belongs to Gastropod class.

Most very young children respond to animals with spontaneous, instant and concentrated fascination.  Whether babies see cats as fellow beings or vice-versa, or both is another issue.  What is beyond doubt is that there is a quite remarkable degree of mutual interest and friendly tolerance between these very disparate species. As a child matures, this pristine and innocent interest changes but does not wane.  At heart other things being equal, most children and many adults find animals fascinating to a quite extra ordinary degree.

Reportedly^3a, an autistic son refused to speak or even smile until a stray cat called Benny-boo changed his life.  The cat transformed the life of 10 year old autistic George who could barely hold a conversation or even smile would learn to communicate, laugh and show affection due to his relationship with the cat he named Ben.

Autism suffered by George is said to affect over 1.2 million Nigerians. It is not a disease but a childhood developmental disorder that could be effectively managed.  Dr. Annan Lamikanra at the Guaranty Trust bank Autism Spectrum Disorders seminar organised by the organisation for parents, caregivers and doctors of people living with the disorders in Lagos said “Autism is Autism”.  It is not a disease . It is neither infectious nor curable but the causes are yet unknown.  However, the symptoms include restricted and repetitive behaviour or speech, incoherent conversations with imaginary people and erratic behaviour⁴.

Little did Dr. Anna Lamikanra know that cat, in far away Hounslow, South-West London cured this disorder permanently and  changed forever the life of George, a child whose behaviour was strange by hiding behind sofa when the news came on television (he thought the news-reader was staring at him).  He would not eat food if it was touching another item on his plate.  He would merely repeat words over and over and was aggressive towards other children. George first began to speak to Ben (cat) in a way he never had before, telling stories and sharing his thoughts and worries.  As George gets older he used his cat voice less and his real voice more and they became inseparable. 

Wildlife also creates job opportunities.  The ceaseless campaign to stem the scourge of poverty and high unemployment rate in the country may infuse a fresh impetus from the government to repackage agricultural development programmers with emphasis on snailry and cane rat farm settlements, a sector of micro livestock propagation.  Cane rats are indigenous to our environment and any serious minded unemployed person can breed them as a profitable venture.  Cane rat is disease resistant, highly prolific and fast growing with high protein and low cholesterol contents.  It also attracts high market value.

Animals are kept as “pets” thereby serving as “educational aids” from birth to death in human communities where contact with the undoubted reality which they bring would otherwise be denied. The keeping of animals helps foster the “finer emotions” of love, affection, empathy, respect and even fear for the various forms of life.

The involvement of young children in the keeping of animals helps to instill in them a sense of personal responsibility.  They relate their own subordinate position in life to that of the small animals in their care, which depend wholly upon them. Realising the animal’s needs increases the children sense of personal responsibility thereby elevating their own status in some cases, especially with emotionally disturbed children. Animals may become transitional object offering a stable base in times of stress.

FOOTNOTES

1.     http:/www.superflex.dk/supergas/bioga.shtm/.

2.     htp/.www.enchantedlearning.com/subjects/dinosaurs/allabout.

3.     The Economist, November 9^th 1996. Page 84.

3a.    Daily Mail, Saturday, November 20, 2010 pages 64 and 65.

4.     The Punch,Wednesday, April 6, 2011. page 57.

NEW! REVISED EDITION- ANIMAL RIGHTS AND RELIGION

RELIGION, ANIMAL RIGHTS AND GAME

MANAGEMENT

"If the Creator notices when a common sparrow falls to the earth unhurt, will He not notice when an entire animal species suffer cruelty in the hands of man nor been insensitive to their being endangered.How comforting to know that the time will come when human society will  not only show love and sympathy to animals but no longer threaten the existence of any species on earth".

ISLAM

The duty of all Muslims is to do what God enjoins and stay away from what God forbids. It should be noted that God is the creator of all things within and outside the scope of human perception.  God created human beings and elevated them over and above all other creatures because of his love.  God says “Walakodhi karamuna bani Adama” meaning – I love all the descendants of Adam.

However, Chapter 21 verse 16 of the Holy Quran calls humans attention to the purpose of creation of animal not being for idle motives when it provides thus: “Not for (Idle) sport did we create the heavens and the Earth and all that is between”. By this, Almighty Allah means humans, animals, sun, moon, stars and other things independent of human knowledge.

The Holy Quran says:

“Subhanal ladhi sakhkhara lana hadha wa ma kunna lahu makirin wa ina Rabbina lamuqualibun – meaning – Glory be to Almighty Allah, who has tamed this object (animal) for us, which in no way, we have the power to tame by ourselves, indeed to our Lord we shall return.

Notwithstanding this, animals form an integral part of our community where they should enjoy right to life and existence.  In chapter 16 verse 68 of the Holy Quran, Almighty Allah inspired the bee, saying “Take your habitations in the mountains and in the trees and in what they erect” Humans should not arrogate to themselves the pride of violating animal rights to life and existence.  Quran chapter 5 verse 2 ambiguously injuncted thus: “O ye who believe, violate not the sanctity of the symbols of Allah, nor of the sacred month nor of the animals…”

They are also created for our good here on earth and in the hereafter.  What the Holy Quran says in chapter 6 verse 38 that “there is not an animal (that lives) on the earth nor a being that flies on its wings but (forms part of) communities like you is an attestation to animal rights to life and existence.

In Suratul Nal (Chapter 6 of the Holy Quran) the Almighty Allah says He has created all animals for the use of mankind but decreed that no suffering or pain be inflicted on them for he who inflicts pain or suffering on animals shall go to hell fire among other punishments in the hereafter.

Prophet Mohammed (SAW) says a woman shall go to hell fire because she tied down a cat without food. ⁵⁸

In this connection we should be mindful of our conduct and relation with these animals.  We are trustees of these animals which God has created for various purposes and that of human benefit. For example, chapter 105 of the Holy Quran (Suratul fil) says in one of the verses, that Almighty Allah sent the flights of birds and herds of elephant, to men in order to deal with them among other punishments.  In Quran chapter 5 verse 31, Allah sent a crow who scratched the ground to show him to hide the dead of his brother.   He (the murderer) said: “woe to me! Am I not even able to be as this crow and to hide the dead body of my brother!” “Then he became one of those who regretted”.  What a lesson there for cane (khabila).

 In chapter 16 verse 89 Allah says thus: “Then, eat of all fruits and follow the ways of your Lord made easy (for you): There comes forth from their bellies (bees) a drink of varying colour wherein is healing for men, verily, in this is indeed a sign for people who think.   These give testimony to the fact that He created the animals for a purpose.  Animals are utilized by mankind as food, leather, sacrifice etc.

 The Holy Quran in chapter 16 verses 5-8 provides thus: “(5) And the cattle, He has created them for you, in them there is warmth (warmth clothing), and numerous benefits and of them you eat.” (6) And wherein is beauty for you, when you bring them home in the evening, and as you lead them forth of pasture in the morning (7) And they carry your loads to a land you could not reach except with great trouble to yourselves.  Truly, your Lord is full of kindness most merciful” (8) And (He has created) horses, mules, donkeys for you to ride and as an adornment And He created (other) things of which you have no knowledge. 

In Quran chapter 36 verses 71- 72 Allah says “Do they not see that we have created for them of what Our Hands have created, the cattle, so that they are their owners” “And we have subdued them unto them so that some of them they have for riding and some they eat”.

Notably, animals are not only for our selfish use but also for the use of generation to generation. In this sense, it can be safely asserted that Almighty Allah contemplated conservation of the animal species to avoid their extinction within a generation otherwise the threat of the wrath of Almighty Allah for misusing what He has entrusted to us shall be put to effect.

Allah’s injunctions which point directly to the concept of conservation are the rules and regulation guiding pilgrimage to the Holy land of Mecca during the performance of “Ihram”. The Prophet says that hunting is permitted but it must be done properly, that is, without pain or suffering.  In this regard, the Prophet Mohammed (S.A.W) said that it is prohibited for man or woman to kill any land game, to assist in hunting or frighten it from its place as long as the pilgrims are in the state of Ihram⁵⁹.

Another instance of Almighty Allah’s concern for animals generally and with wild animals is reflected in the rules of religious sacrifice, for example, Allah enjoins Muslims not to kill any animal that is less than seven months old as sacrifice. The similitude of this with the conservation idea is that young animal should be left to grow for future use.

It is instructive to examine the aspect of Allah’s injunction on the type of animal valid for sacrifice during Id-el-Kabir festival God discourages the giving of priority to the killing of female animal over the male for the sacrifice as the former is less in reward than the latter.  The rationale behind the injunction which has similarities with conservative consideration is that the female animal is spared so that it can continue the production of the species for future use. It is trite that rams⁶⁰ are the most common animal for sacrifice during Id-el-Kabir⁶¹ festival save in some circumstances where cattle and camels are offered and where they are offered, they are often male because they have more reward.

It should be noted that example of Allah’s disaffection for cruelty to animals is reflective of the Holy Quran and teaching of the Prophet.  Some cruel acts such as starvation, kicking, overworking etc are forbidden for good muslims. In fact, it is rewardable for muslims to spend part of his lawful earnings on the care of animal.  In the same vein, it is Allah’s commandment that in the course of killing animal for sacrifice during Id-el-Kabir, a very sharp object must be used to slash the throat once so that the animal will not feel the pain.  To use an object not capable of slashing the throat once is unacceptable worship to Allah.

In spite of the foregoing, the slashing of throat of a conscious animal has been argued to be incompatible with animal rights. The religious excuse for doing that is linked with the injunction of God on “halal” as called by Muslims and “kosher” by Jewish. Halal meat has been argued in different for a as an excuse for religious barbarity. That religious excuse affords engagement in the act of cruelty and used as an easy, effective way to silence the critics of cruelty to animals and gain some ground to foster the wicked act.

In Britain, with her 4% Muslim population and counties from Spain to New Zealand, it is a crime to kill a conscious cow or sheep or chicken for meat by slashing its throat without numbing it first. It is argued that if you do not numb an animal it screams as you hack through its skin, muscle, trachea, esophagus, carotid arteries, jugular veins and major nerve trunks and then it remains conscious as it slowly drowns in its own blood- a process that can take up to six minutes.  The insistence is that animal is stunned before its throat is slashed, to ensure it is deeply unconscious.

The generally acceptable position that agrees with the prevailing scientific consensus is that slaughter without pre-stunning causes enormous pain and distress. In 62% cases after a calf’s throat is slashed, large clots form at the back of its carotid arteries which means blood pressure to the brain massively slows and the animal does not black out all. It stays unconscious as it bleeds to death from its throat in agony.

In defence of this halal and koshers butchers’ claim that the practice is not cruel and the law allows them to skip all this and slash the throats of un-numbed, screaming animals if done in the fulfillment of God’s commandment.  Some even argued that such killing is better for the animal because when an animal’s throat is slashed there is an instant drop in blood pressure in the brain and the animal is dead. Some even say kindness to the animal is a pseudo-science.

The halal and kosher meat industries opposed the tepid proposals by the European Union to ensure that all meat made from un-stunned animals must be clearly labeled on economic ground that the label will render their business unviable.  That if people knew what they were buying the companies would go bust.

The argument of the proponents of halal and kosher meat has been proven by science to be false.  The British Farm Animal Welfare Council (FAWC) supports this position. In finding a middle course to this cruelty most halal butchers resorted to use some stunning but the Royal Society for the Prevention of Cruelty to Animals (RSPCA) complains that the stunning substance is at a much lover dosage to guarantee the animal is still alive when it is killed and does not properly protect the animal from pain the law seeks to alleviate. Even atheists who criticise religion have strong belief that religion is about compassion and kindness and that a handful of extremists and fundamentalists who misunderstand faith use it for cruel ends with a wagging finger.

The insinuation of bigotry against Muslims on account of this will not hold water.  Resurgent bigotry is not a strange phenomenon. It does not astonish. Allowing this will be condescending to treat sentient creatures as victims of faith. If a hunted game killed by gun, poisoned arrow, hunting dog or trap is halal for Muslims, numbing or stunning an animal before its throat is slashed will not make the meat haram or forbidden but halal for Muslims and kosher for Jews.

In Suratul Maidah (Chapter 5 verse 4 of the Holy Quran).Almighty Allah said if “They ask you O Muhammed (SAW) what is lawful for them (as food).  Say: “Lawful unto you are At.-Tayyibat (all kinds of  halal (lawful-good) foods which Allah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetable and fruits). And those beasts and birds of prey which you have trained as hounds, training and teaching them (to catch) in the manner as directed to you by Allah; so eat of what they catch for you, but pronounce the name of Allah over it, and fear Allah. Verily, Allah is swift in reckoning.

To corroborate this, in the Hadith of Sahih Bukhari (396)Tha'laba al khashani came to Allah’s apostle and said, "O Allah's Apostle! We are living in the land of the of the people of the scripture and we take our meals in their utensils, and in the land there is game and i hunt with my bow and trained or untrained hounds; please tell me what is lawful for us of that "he said, "as for your saying that you are living in the land of the people of the scripture and that eat in their utensils, if you can get utensils other than theirs, do not eat in their utensils, but if you do not find (other than theirs), then wash their utensils and eat in them. as for your sayings that you are in the land of game, if you hung something with your bow, and have mentioned Allah's name while hunting, then you can eat something with your trained hound, and have mentioned Allah's name on sending it for hunting then you can eat (the game). But if you hunt something with your untrained hound and you were able to slaughter it before its death, you can eat it."

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Also in the same Hadith of Sahih Bukhari (384), it was narrated that Adin bin Atim asked the Allah's apostle about the mirad. He said (i.e. a sharp-edge piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said "if the game is killed with its sharp edge, eat of it, but if it is killed with its shaft, with a hit by its broad side then the game is (unlawful to eat) for it has been beaten to death" He asked him about the game killed by a train hound. He said "if the hound catches the game for you, eat of it, for killing the game by the hound, is like its slaughtering. but if you see with your hounds or hounds another dog, and you are afraid that it might have shared in hunting the game with your hound and killed it, then you should not eat of it , because you have mentioned Allah's name on (sending) your hound only, but you have not mentioned it on some other hound"

The above clearly brings out the weakness inherent in the argument of insistence of slaughtering a conscious animal in the name of halal meat or under the guise of religious practices.

Allah’s concern for conservation is also traceable to the act of Zakat⁶² in Islam, that is, religious tax.  This is because Allah exempts wild or tamed animals as objects of Zakat – for example, tamed antelopes are out of Zakat, because antelope is a naturally wild animal and its state of captivity or being tamed does not avail any Muslim of right to use it for Zakat.

Also, Almighty Allah gives a commandment that animals that are useful for a purpose should be conserved hence the Allah’s injunction that no Zakat should be made out of horses, mules, and donkeys for reason of their use for transportation.

The injunction of Almighty Allah on animal rights and game management abound in the Holy Quran⁶³. In fact, Almighty Allah promised hell fire for the men of Prophet Salih for the unwarranted killing of Prophet Salih’s camel in chapter 7 verses 73-77, “(73) of the Holy Quran that. “And to Thamud (people, we sent) their brother Salih.  He said: “O my people! Worship Allah! You have no other Ilah (God) but Him. (La ilaha illallah: none has the right to be worshipped but Allah).  Indeed there has come to you a clear sign (the miracle of the coming out of a huge she-camel from the midst of a rock) from your Lord.  This she-camels of Allah is a sign unto you; so you leave her to graze in Allah’s earth, and touch her not with harm, lest a painful torment should seize you.( 74).        And remember when He made you successors after Ad (people) and gave you habitations in the land, you build for yourselves palaces in plains, and carve out homes in the mountains.  So remember the graces (bestowed upon you) from Allah, and do not go about making mischief on the earth.( 75). The leader of those who were arrogant among his people said to those who were counted weak- to such of them as believed: know you that Salih is one sent from his Lord. “They said:” We indeed believe in that with which he has been sent. (76). Those who were arrangement said: “Verily, we disbelieve in that which you believe in” (77). So they killed the she-camel and insolently defied the commandment of their Lord, and said. “O Salih! Bring about threats if you are indeed one of the messengers (of Allah).”       

CHRISTIANITY

In the beginning of the world, Adam co-existed with Eve in the Garden of Eden where the stream flowed and the wild animals related without fear of being a prey to one another.  Interestingly, snake even conversed with human beings in a free and peaceful environment protected by Mother Nature.  Interestingly, life hereafter shall experience the same situation the Bible says in the book of Hosea 2:18 “I shall certainly conclude a covenant in that day in connections with the wild beast of the field and with the flying creature of the heavens and the creeping thing of the ground,... and I will make them lie down in security”    

Animal right involves a consideration of the more status of non human animals which consideration finds refuge in the concerns of Almighty God for their welfare and management.  The Bible says- “for all the earth is mine and that the earth is the Lord’s and the fullness thereof; the world, and they that dwell therein”.

There is no gainsaying the fact that human beings have both direct and indirect obligations to prevent animal suffering.  In this connection, Regan in his book “The case of Animal Rights” argues that the key moral rights of higher animals are the same as those moral rights of humans.  That animal, having exhibited features like preference, beliefs, feelings, recollections and expectations, have inherent worth and rights.  What is more, the Bible in some verses uses the pronoun “him” for animals⁶⁵ suggesting that animals have all the humans have.

Machan⁶⁶ although attacks all theories which extend direct obligations by man to animals, including Regan’s view⁶⁷ however agrees that our fundamental human task is to succeed as human beings which requires that we acquire knowledge, in turn, often involves using animals, as with animal experiments in the field of Medicine and that it is improper to draw a clear line between humans as rights holders and animals as non rights-holders following Darwin’s theory.

Scientifically, it has been proved that just as people respond better to the personal touch, cows also feel happier and more relaxed if they are given a bit more one-to-one attention. Naming and giving attention to cow not only improve the animal’s welfare and its perception of humans but also increase milk production. In the hilly region of southern Sudan, the pastoralists whisper and sing to cows they name and know like family members.67a

Opposition to Regan's position came from different quarters like Tibor R. Machan who argues that animals cannot be moral agents since no more demands can possibly be made of them; Thomas Aquinas argues that God established a hierarchy of life forms in nature so that the lower forms may be killed and eaten by the higher forms. Malebranche suggested that animals not being descended from Adam feel no pain, whilst Rene Descartes argues that animals are only biological automated robots.  The simple truth is that animals are part of what God entrusted to human care and attention and this position finds supports in various parts of the Holy Bible. In fact, Jesus in Luke 12:6 spoke of God’s concern for animals in these words “Aren’t five sparrows sold for two pennies? Yet not one sparrow is forgotten by God.

In the book of Proverbs, it is stated that “a righteous man regardeth the life of his beast but the tender mercies of the wicked are cruel”.  This biblical saying finds support in the right of animal against cruelty.  Cruelty is all that is devoid of regard to the life of animal particularly as it relates to their indiscriminate killing, wanton destruction of their habitat and use of dangerous weapons that wound far more than it kills thereby putting them in excruciating agony.  It is not in doubt that animals feel pain.

Verily, God’s original purpose was that man have “In subjection the fish of the sea and the flying creatures of the heavens and every living creatures that’s moving upon the earth” (Genesis 1: 28). Certainly, cruelty to animals has no place in that purpose.

May it be noted that original occupation of man was to dress and keep the Garden of Eden, which garden of necessity, included plants and animals out of which the tending of the flock (shepherds) gained prominence prior to the world civilization.  The whole essence of verse 15 of the book of Genesis chapter 2 is that it serves as a constant reminder of human duty of care to Mother Nature particularly with the use of the word “garden” which encompasses plants and animals.

In Genesis 1:30-31, the need for protection of animals’ habitat came to bear when God says “And to every beast of the earth, and to every fowl of the air, and to every thing that creepeth upon the earth, was so.” It should be noted that the plants that grow is not for man’s use alone.

Aside from the above, the Almighty God in the book of Deuteronomy 11 verse 15 demonstrated his love for Mother Nature and provided materials for the care and attention of what he entrusted to our care when he said “and I will send grass in thy fields for the cattle that they mayest eat and be full”. Grass covers and adorns much of the earth. Its green meadow is a beautiful sight and relaxing. Grass green vegetation supplies majorly oxygen. It roots protect soil from erosion. Most animals from which we get meat, leather feed on grass. Today, humans abhor the sight of grass and desire its eradication hence the use of toxic chemicals on grass not minding the welfare of animal that depend on it for survival and its supportive role to all life.

God’s concern for continued existence of humane treatment to animals as well as their right to procreation deeply rooted in cropping scheme and game management is a reflection of the biblical expression in Leviticus 22:28 that “and whether it be cow or ewe, ye shall not kill it and her young both in one day.

The book of Deuteronomy 22:10 which provides thus “Thou shall not plough with an oz and an ass together” calls our attention to the divine obligation and duty to be humane in our dealing with animals. The rationale for the biblical expression aforesaid lies in the disparity in the strength of both ox and ass.  As they are disproportionate in terms of energy requirement, for the exercise, it is not fair to the smaller animal.  This also relates to the animal right to care and attention of humans, particularly domesticated animals.

The Bible also talks about cruelty to animals particularly as it relates to the crime of bestiality. The Bible speaks negatively of a man named Nimrod who apparently killed animals and perhaps humans for the sheer thrill of it (Genesis10:9).  The book of Leviticus 18:23 are instructive in this regard when it provides thus: “Neither shalt thou lie with any beast to defile thyself therewith; neither shall any woman stand before a beast to lie down thereto; it is confusion”.

In the same vein verses 15 and 16 of Leviticus 20 provide as follows “And if a man lie with a beast, he shall surely be put to death and ye shall kill the beast”. “And if a woman approach unto any beast, and lie down thereto, thou shalt kill the woman and the beast, they shall surely be put to death; their blood shall be upon them.”

The above quoted biblical injunctions to mankind have direct bearing on the right of animal against inhuman treatment like cruelty and bestiality, little wonder our legal order criminalises this divinely detestable and condemnable act.

The Bible made us realise the benefits attributable to the respect for animal rights and the values inherent in their management, with a view to letting the human population see this global crusade for conservation of flora and fauna as something intrinsically worthwhile.

The book of Jonah in chapter 3 verses 5-8 reminded us that even beast was made to fast for the sin of Nineveh when it provides thus “And he caused it to be proclaimed and published through Nineveh by the decree of the King and his nobles, saying let neither man nor beast, herd nor flock, taste anything; let them not feed, nor drink water” What is amazing here is that both man and animal are instrumental to the healthiness and well-being of our environment  which the Bible represents in the book of Jonah as the great city of Nineveh.

There is no gainsaying the fact that God spared Nineveh because of the innocent people and “much cattle” when in Chapter 4 verse 11 provides as follows “And should not I spare Nineveh, that great city, wherein are more than six score thousand persons that cannot discern between their right hand and their left hand, and also much cattle?”

The above teaches us a lesson that both man and animals are not too far from each other.  This similitude finds support in the expression that it is dangerous to show man too dearly how much he resembles the beast without at the same time showing him his greatness without his baseness. It is even more dangerous to leave him in ignorance of both.  But it is profitable to show him both as God did in the book of Jonah.

Not far from the above is another God’s commandment which has direct bearing on the animal right against man’s inhuman treatment as envisaged by the Universal Declaration of Animal Rights discussed in this book later. The commandment is reflected in the God’s word contained in Deuteronomy 22:1-2 that “Thou shalt not see thy brother’s ox or his sheep go astray and hide thyself from them; thou shalt in any case bring them again unto thy brother:  And if thy brother be not night unto thee, or if thou know him not, then thou shall bring it unto thy own house, and it shall be with thee until thy brother seek after it and thou shall restore it to him again.”

In the book of Exodus 23:4-5, it is stated that if you meet your enemy’s ox or his ass going astray, you shall bring it back to him again.  If you see the ass of someone who hates you lying under his burden, you shall help the ass even if it meant doing some work on the Sabbath.  The book of Luke 14:5 states thus “And answered them, saying, which of you shall have an ox fallen into a pit and will not straight away pull him out on the Sabbath day”.

The essence of the above quoted verses is that God makes no distinction on whether the animal belongs to your friend or enemy but that you must help the animal from going astray.  Direct relevance of this to animal rights and game management is that no condition should be attached to human responsibility and duty of care and attention of animal but that our conscience should be used for the service of animal.

It is pertinent to note that the rationale behind the biblical quotations is to forestall extinction of animal species as well as the lesson of conservation as an integral part of game management. Sensitivity to animal rights teaches us the value of mercy which encourages us to be considerate of others in order to create a better society for all life.

Another God’s concern for game management is expressed in the book of Deuteronomy 12:16 and 23 to the extent that we should not eat the blood; for the blood is the life thereby advocating vegetarianism.  The relevance of this lies in the preservation of game species as against acceptable conservative measure of game management.  However, the more vegetarians we have, the more the assurance of sustainable yield of game species.  This postulation is further buttressed by the act of God allowing pairs of living animals to be taken into Noah’s ark at time of the flood.

Pollution already endangers mankind in different ways.  If the pollution crisis were to weigh heavily upon the human heart much more would it be felt by God who created “the seas, forest and all that is in them”.

Today, man’s encroachment on animals’ natural habitats – the rainforest such as: land development, mining and so on, is dealing a devastating blow to animals’ survival. This is a glaring example of man ruining what God has entrusted to his care. Man must avoid the catastrophic actualization of God’s vow to bring to ruin those ruining the earth. History has it that several species of animal have been lost to pollution and habitat destruction.  For example Huia, a New Zealand bird whose song was recently produced artificially with the use of a computer and a synthesizer, became extinct in 1907.

On pollution and destruction of animal habitats, the book of Revelation 11:18 provides thus “And the nations were angry, and thy wrath is come, and the time of dead, that they should be judged, and that shouldest give reward unto thy servants the prophets, and to the saints, and them that fear thy name, small and great and shouldest destroy them which destroy the earth”.

When the Mosaic law was later given to Israel, it made provision for the care of the land when in Leviticus 25:4-7 God says every seventh year was to be “ a Sabbath of complete rest for the land. Wheat, which grew of itself during that time was to be unharvested but made available to poor people as well as for their domestic animal and for the wild beast that was in their land.”

It is also God’s injunction that the eggs or the young could be taken from a bird’s nest, but not the mother bird.  It had to be left to continue the species.  In verses 6 and 7 of Deuteronomy 22, God says that “If a bird’s nest happens to be before you along the way, in any tree or on the ground, with young ones or eggs, with the mother sitting on the young or on the eggs, you shall not take the mother with the young; you shall surely let the mother go, and take the young for yourself, that it may be well with you and that you may prolong your days”.

The inhuman treatment of animals will not go on forever. Time is fast approaching for the fulfillment of God’s promise to do away with wicked and cruel people and bring to rain those ruining the earth.

End Notes

58.    Ustaz Dawood VCD titled “Afowofa”

59.    Ihram means entering into a state of consecration. It is the assumption of carrying out the sacred duties of pilgrimage. And it is to abandon the things forbidden in the by the Islamic law

60.    Ram – A horned male sheep

61.    Id-el-Kabir-An annual Muslim festival that usually follows Id-el-fitri (end of fasting).

62.    Zakat-It is a fiscal worship by which Islam requires the well-to-do care for the need of the poor and to pay a subsidy to maintain public benefits like hospitals, educational institutions and defence force.

63.    Suratul Suharrai- chapter 26 verses 155- 158; Suratul Sansui chapter 11-15.

64.    Exodus 19:5 and Psalm 24:1

65.    Luke 14 verse 6

66.    Animal Rights (Internet Encyclopedia of Philosophy) at http//.www.utmeduu/research/lieplazanimalrig.htm

67.    The case for Animal Rights published in 1983 by University of California press.

67a    The Washington Post, Saturday, December 8, 2007 page A1.