WORLD HALAL TM RESEARCH 2011 Istihalah: Concept and Application Assoc. Prof. Dr. Abdul Rahman Awang Faculty of Laws International Islamic University Malaysia Shariah Advisor, HDC
Introduction A general rules in Islamic law held that, purity is the foundation of all matters (things) until the opposite is proved. as an exception to the general rule, impure or prohibited materials can become pure and permitted to use if its substance is changed into another material different from its original in name, characteristics and qualities. 2
Introduction (cont d) There are two popular views of the Muslim jurists as for the application of Istihalah. Abu Hanifah and his disciple Muhammad al-shaybani held that it has become pure hence permissible. The second view, on the other hand, held that even when something impure is changed in its character and transformed in its nature and elements, it shall continue to be impure. Thus, it is impermissible. 3
Definition literally, it can be defined as to change and to transform something from its nature and characteristics. Technically, concept of Istihalah can be defined from two perspectives i.e. from the perspective of jurisprudence scholars (usuliyyun) and from the perspective of jurists (fuqaha ). 4
Definition (cont d) The usuliyyun had defined Istihalah as abstaining something from occurring. Whereas the fuqaha had viewed Istihalah as changes in the true state of something by way of loosing part or the whole of its original forms. The Islamic Organisation for Medical Sciences (IOMS) in the 9th Fiqh-Medical Seminar had adopted the definition of Istihalah as changing the nature of the defiled or forbidden substance to produce a different substance in names, properties and characteristics. 5
Definition (cont d) Istihalah could happen in two ways either through natural or through the man made process. Istihalah could happen naturally without any intervention by human such as transformation of alcohol to vinegar. It also took place by human effort. This transformation occurs when a substance is dropped into another substance such as a drop of onion or bread or yeast or stone in alcohol. It also could occur when a substance such as alcohol is removed from a sheltered place to an opened place and exposed to the sun or vice versa. 6
Legality of Istihalah The scholars have differed on the status of Istihalah as to whether or not it can be used for the purpose of consumption by the Muslims, such as something impure (najasah) if transformed in its essence, into two views. The first view held that it has become pure hence permissible. 7
Legality of Istihalah This view was based on the following authorities: a) The law had prescribed that something is impure due to its dirty attribute; b) An analogy of Istihalah of the impure with purification of the carrion skin by way of tanning; c) An analogy could be held between Istihalah of the impure substance with the Istihalah of alcohol by itself with the common alteration and changes of the two things: 8
Legality of Istihalah An analogy could also be held between Istihalah of the impure substance with a halal animals when it is feed with something impure; and It is observed that Allah S.W.T changes all His existing creations and replaces His original creation with new creation such as alcohol with vinegar etc. 9
Legality of Istihalah The second view, on the other hand, held that even when something impure is changed in its character and had transformed in its nature and elements, it shall continue to be impure. Their arguments are as follows: a) The Prophet (PBUH) prohibited eating Jallalah and its milk. b) Transformation as a result of Istihalah of the impure substance, is a partial transformation as it happens to the attribute of the substance only whereas the essence which is impure still exists. 10
Legality of Istihalah c) The impure substance will never become pure by way of transformation such as blood when become pus except in the case of Prophet (PBUH) allows the consumption of spleen and liver. It seems that the view of the majority jurists is more preferable. 11
Legality of Istihalah A contemporary view on this issue had been given by the Islamic Organisation for Medical Sciences (IOMS) in their 9th Fiqh-Medical Seminar, held in June 1997 that additive compounds extracted from prohibited animals or defiled substances which are transformed, may be considered as clean and permissible for consumption or as medicine. 12
1. Alcohol It had been agreed by all jurists from all schools of Islamic law that alcohol whenever changed naturally, without any chemical treatment, becomes pure and permissible for consumption and usage. This is based on several authorities: a, Hadith narrated by Aishah (RA) that the Prophet (PBUH) once said: The best of condiment(s) is vinegar ; 13
b, Hadith narrated by Abu Sufyan from Jabir b. 'Abdullah reported that the Prophet (PBUH) asked his family for condiment. They (the members of his household) said: We have nothing with us but vinegar. He asked for it, he began to eat it, and then said: Vinegar is a good condiment, vinegar is a good condiment. 14
As for transformation of alcohol by way of human intervention, the jurists differed into two opinions: 1. It is permitted to transform alcohol and if the alcohol is transformed, then it becomes permissible and pure. 15
This view has been supported by several authorities, among others: a). It was narrated by Aishah (RA) that the Prophet (PBUH) once said: The best of condiment or condiments is vinegar. A quite similar Tradition was narrated by Jabir bin Abdullah who had heard the Prophet (PBUH) asking his family for condiment. The members of his household said that they had nothing but vinegar. He asked for it, began to eat it and said: Vinegar is a good condiment, vinegar is a good condiment Muslim, Hadith No. 5091. 16
b). It was narrated by Ummu Salamah (RA) that: We used to have a goat and it dies. The Prophet (PBUH) then asked: Why did not you make use of its skin. We answered: It is carrion. He said: It is permissible by tanning as vinegar permit alcohol. c). Ibn Abbas reported: the Prophet (PBUH) happened to pass by a dead goat which had been given to the servant of Maimunah (RA) as charity. Upon this the Prophet (PBUH) said: Why did not you use its skin? They said it was carrion. He said: The prohibition was to consume its flesh. 17
2. The majority of the jurists held that it is prohibited to transform the alcohol, regardless whether it is removed from a shadowed to an open place or vice versa or by adding some elements into it. This view is based on several authorities: a). It had been narrated by Anas that the Prophet (PBUH) was asked about the wine from which vinegar is prepared. He said: No (it is prohibited). 18
b). An-Nu'man ibn Bashir narrated that Anas b. Malik said: Abu Talhah asked the Prophet (PBUH) about the orphans who had inherited wine. He replied to pour it. Then Abu Talhah ask the Prophet (PBUH) again: May I make vinegar out of it? He replied: No. c). Anas bin Malik reported that: I was standing amongst the uncles of my tribe serving them Fadikh when I was the youngest among them. A person came and said: Verily liquor was prohibited. They said: Anas! Spill it away, so I spill it. 19
The National Fatwa Council of Malaysia (4 th April, 2006) agreed with the view of the majority and decided that it is prohibited to use wine vinegar which is processed and added with other ingredients. However, if such transformation from wine vinegar to vinegar happens by itself, then it is permissible. 20
2. Usage Of Lard In Food Processing Any food that had been added with lard during its processing is prohibited. It is also prohibited to eat anything that had been cooked or fried with lard except if the form of the lard had changed and transformed into something else which is totally different. 21
8 th Fiqh-Medical Seminar organized by International Organisation for Medical Sciences stated that: Foodstuff containing pig fat which does not undergo denaturation, such as some varieties of cheese, vegetable oil, skin oil/lubricant, butter, cream, biscuit chocolate and icecream, are prohibited. Obviously, some situation warrants an exception due to necessity (dharurah). 22
3. Gelatine Produced from Swine Chemist and pharmacist had agreed that gelatine derived from porcine, bovine or other animals had undergone transformation (Istihalah) as recognized by the Islamic law where their skins and bones which are prohibited and impure had changed into other substance. 23
Moreover, the transformed substance had changed into something different from its original substance in term of form, taste, smell, chemical structure and other physical criteria. 24
It could be concluded that gelatine derived from those prohibited and impure materials such as swine or carrions are pure and could be consumed, according to the discussion of some Muslim jurists, based on the concept of Istihalah. This is due to the fact that the substance and characteristic of the skin and bone of swine and carrion had no longer existed. Therefore, gelatine or the likes after its transformation no longer described as prohibition since its original attributes had ceased to exist. 25
The 8th Fiqh-Medical Seminar organized by International Organisation for Medical Sciences stated that: Transformation, i.e. the process that causes an object to change into another, totally different in properties and characters, turns the unclean, or what is deemed to be unclean, into a clean object, and therefore turns prohibited things into things permissible by the Shariah. On this account the following is concluded: Gelatine made of unclean animal's bones, skin and tendons is clean and permissible for consumption. 26
4. Application Of Insulin Originated From Swine According to the recommendation of the 8 th Fiqh-Medical Seminar, treatment of diabetes patients with insulin obtained from a pig source is permissible because of necessity in accordance with the principle of necessity. However, according to Dr Nazih Hammad, such rule of necessity should not be applied by an application of the concept of Istihalah. 27
His argument is that it had been recognized scientifically that the production of insulin from pork pancreas happen as a result of a very complicated and various chemical reaction towards the pork tissue. This process had changed the substance and the actual form of the organ into something new which is totally different from its origin in term of name, criteria and attribute. 28
When there is a transformation in substance of something impure and prohibited, it becomes pure and permissible according to the majority view of Muslim jurists. 29
5. Cosmetics Added with Lard If it contained lard or other animal fat which does not change in its substance as required by the Shariah, shall be deemed as impure and shall be prohibited except when in the necessity (darurah) situation. However, if it could be ascertain that there is an actual transformation of the substance as required under the concept of Istihalah, then the materials shall be regarded, to some jurists and Schools, as pure and permissible. 30
The 8 th Fiqh-Medical Seminar organized by International Organisation for Medical Sciences stated that: Ointments, creams and cosmetics which contain pig fat are all unclean. Their use is impermissible in Shariah except when transformation (of the material into one of totally different properties) is ensured. 31
The National Fatwa Council of Malaysia had decided that any cosmetic products which contain any impure substance such as element of animals that are prohibited for consumption or could cause harm to human being are prohibited in Islam for consumption.( www.e-fatwa.gov.my). Therefore, the application of the concept in this issue is still unacceptable by the Malaysian authority. 32
Conclusion The concept of Istihalah is acceptable in Islam and it is the view of the majority of Muslim jurists. However, the application of the concept in the present time especially with regard to certification of halal product is still debatable among the Muslim authorities. Most of the disagreement on the concept of Istihalah is the usage and the presence of pig and its derivatives in food processing and other consumer products. 33
Conclusion (cont d) This could be seen from various fatwas endorsed by the Muftis and the Religious authorities especially in Malaysia, which is a follower of Shafie school, except in situation of necessity. As we have elaborated and discussed the concept of Istihalah above, some supported and agreed over the application of the concept whereas the others are opposing it. However, it depends on the respective authorities of the individual Muslim countries to decide it. 34
Thank You 35
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