Is game lawful if the hunter or dog is sent out without seeing or knowing the target, and game is subsequently killed?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If the arrow or trained beast is released without the hunter seeing or knowing any game, and it kills something, the kill is not lawful. This is because intention (Qasd) cannot be established for something unknown, which invalidates the prerequisite of intent, just as if the intent to hunt was absent altogether. This is the opinion held by Al-Shafi'i concerning the dog.
Supporting text
Al-Hasan and Mu'awiyah ibn Qurrah held that the game is lawful to eat due to the generality of the Quranic verse and the Hadith, and because the hunter intended to hunt. They argue that the ruling should apply just as if the hunter had seen the game. However, the correct view is that intention is a prerequisite, and intention is invalid when knowledge of the object is absent.