Eating tuna imported from non-Muslim countries

Question

Assalamu alaykum,

What is the ruling regarding eating tuna which is imported from [the non-Muslim majority countries such as] Thailand?

Answer 1

Waalykum assalam, 

According to both Grand Ayatollah Sayyid al-Khamenei and Grand Ayatollah Sayyid al-Sistani (may the Almighty prolong their lives):

There are two conditions in order for fish to be considered lawful to eat:

(1) The fish must be commonly ['urfan] considered to have scales 

(2) The fisherman must catch the fish while it is alive, or the fish must die in the fishing net or fishing coop [hatheerah].

It is not necessary for the fisherman to be a Muslim, nor is it necessary in order for the fish to be lawful to eat that he mention the name of Allah the Exalted [at the time of catching the fish] nor that he mention the name of Allah the Exalted [when taking the fish after its exit from the water].

As such, if a disbeliever [kafir] catches the fish and removes it from the water while it is alive, or the fish dies in the fishing net [in the water] or the fishing coop [hatheerah], and the fish has scales, then it is permissible to eat.

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In the case where one doubts whether a fish has scales or not:

According to Sayyid al-Sistani: one is to presume that it does not have scales, and as such, it is impermissible to eat.

According to Syed al-Khamenei: one is to presume that it has scales, and as such, it is permissible to eat.

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Assistance in applying these two conditions:

As for the first condition, it is normally met with ease so long as the fish has not had its skin removed. However, in the case where its skin has been removed - such as in canned fish products - then if the type of fish is stated on the product label and it is a scaled fish such as tuna or sardine, and the exporting country applies strict laws regarding conformity between what is stated on the product label and the contents of the product, then perhaps it can be determined that the fish is among the types which are lawful to eat.

As for the second condition, one may also be content with its fulfillment in imported fish from non-Muslim countries which are present in the hands of a Muslim or in the markets of the Muslims. This is based on the fact that commercial quantities of fish are caught solely via modern ships that rely on removing the fish from the water while they are still alive, and rarely are dead fish caught in the mix. As such, then the second condition is met in almost all countries as they say, since the internation fishing methodologies applied in commercial fishing result in either the fish being removed from the water while they are alive, or them dying underwater in the fishing net [and either case is sufficient as stated].

In conclusion, based on that which was stated, it is permissible to take such fish from disbelievers and to eat them, as is the case from Muslims, and there is no difference between canned and non-canned fish

May the Almighty grant you tawfeeq in all of your affairs