Scholars agree that the person conducting the slaughtering can be a Muslim or one of the People of the Book. If the person has not reached puberty yet, or is drunk or insane, scholars have differing opinions. The Shaafi’ee School says that their Dhabeehah is Halal if they are aware of what they are doing. The Malikites say the boy’s Dhabeehah is Halal, but not the drunks or the insane person’s because (under the circumstances) they cannot reason. The main issue behind these differences is that of Niyyah (intention). Those who consider it to be a requirement, do not accept their Dhabeehah as Halal, and vice versa. All scholars agree that the Dhabeehah of the Murtadd (one who has chosen to give up Islam) is not considered Halal.
