PDF Haram Sources in Food Processing According to Shariah Perspective

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HARAM SOURCES IN FOOD PROCESSING ACCORDING TO SHARIAH PERSPECTIVE

Mohd Izhar Ariff Mohd Kashim (Corresponding Author)

Center for Contemporary Fiqh and Shariah Compliance, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia

Mat Noor Mat Zain

Md Yazid Ahmad

Ezad Azraai Jamsari

Center for the Middle East and Nusantara, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia

Diani Mardiana Mat Zin

College of PERMATA Insan, Kompleks PERMATA Insan, Universiti Sains Islam Malaysia, Bandar Baru Nilai, 71800 Nilai, Negeri Sembilan, Malaysia

ABSTRACT

Islam lays down clear guidelines and legal principles concerning the legality of materials from haram sources, whether from animal or unclean sources. This article studies the legality of using unclean material in the making of foods based on the views of the four madhhab (schools of jurisprudence). The views of the jurists are analysed to ensure their practice is suitable for Malaysia. The qualitative research method used is more towards library research which involves data collection and analysis from shariah evidence as well as turath (original Arabic) books. The reason is that jurists differ in their views on the issue of modification or transformation of unclean material in food products. Hence, this article discusses the grounds for fiqh views relating to foods made from haram and unclean sources. It is necessary to note that the Shafi‘i and Hanbali madhhab are stricter on this issue. Their opinion is that the legal status of any product may only be ascertained from the beginning stage of its process. If it is the resulting product from halal materials, then the end product is halal. But if it is made of unclean material and haram from the beginning, then the end product is also haram. On the other hand, the Maliki and

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Hanafi madhhab are quite lenient in determining the legality of this issue. A food product is not considered as unclean if its original properties have changed or transformed into new properties. Even so, the two views are agreed on prohibition of all new products which are harmful and disadvantageous to humans whether directly or otherwise. Discussion of results finds that the views of the Hanafi and Maliki madhhab are easier to apply in ascertaining the legal status of products for external consumers at the global level, while the views of the Shafi‘i and Hanbali madhhab are safer to be practised in Malaysia, as the fatwa institution applies Shafi‘i princples and practice, particularly to current dietary issues.

Key words: Haram sources; mixture; unclean materials; istihalah

Cite this Article: Mohd Izhar Ariff Mohd Kashim, Mat Noor Mat Zain, Md Yazid Ahmad, Ezad Azraai Jamsari and Diani Mardiana Mat Zin, Haram Sources in Food Processing According to Shariah Perspective, International Journal of Civil Engineering and Technology, 9(4), 2018, pp. 1437–1443.

http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=9&IType=4

1. INTRODUCTION

The word haram means something which Islam expressly forbids for the Muslim community, without any compromise (except in an emergency) and Allah promises sin and torment for whoever commits it (al-Zuhayli 1995: 130). A prohibition frequently and closely related to food and consumption is unclean or unhygienic food. The Arabs characterize these two properties as khabith. Indeed unclean or unhygienic food is disgusting and unpleasant for all normal people in all situations. Moreover, unclean or unhygenic food often bring harm or disease and so on, thus this is a factor for humans to avoid it. Similar to the prohibition of unclean foods such as carrion, pork, flowing blood, animals not properly sacrficed in the name of Allah and so on, the rule also applies to beverages, medicines and things for human daily use (Ibn al-Nujaim n.d.: 192; Hirz Allah 2007: 39; al-Suyuti n.d.: 120; al-Zuhayli 1998:

117).

Linguistically the word originates from the Arabic root word, hala, which means to change from one state to another, such as to change from a vertical to diagonal state (Ibn Manzur 1996: 197; al-Fayruzabadi n.d.: 363; al-Zabidi n.d.: 293). Among the meanings of istihalah is to change from the original nature into another very different nature (Rida n.d.:

191). In terminology the word istihalah means to change the reality of a thing into another which can no longer be considered as having the same or initial nature (Ibn „Abidin 1994).

Maliki scholars view the word istihalah as the keyword whereby something happens to change a matter from one form and nature into another form and nature so that it cannot be named the same as before the change happened (al-Hattab 2003: 97).

Scientists hold the opinion that the word istihalah refers to a scientific process of change, whether naturally or through a chemical process and the like, for example, oil, animal or vegetable fat undergoes a process so that it physically changes into something different such as soap. At that moment, it can no longer be named by its original name, that is oil or fat, but it is changed to a new name of a product manufactured by humans. This process which occurs is called istihalah. Studies relating to the excellence of contemporary issues in Islamic jurisprudence and shariah studies are also assayed by local scholars, covering various issues such as discussion of halal pharmaceuticals (Halim et al. 2015), the establishment of shariah supervisory committee in hospital (Samsudin et al. 2015), the principles of the use of haram sources in food processing (Kashim et al. 2015), the baitulmal‟s potential as trustee for unclaimed moneys of Muslims (Ahmad et al. 2017), istihalah and its effects on food from the

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Islamic perspective (Kashim et al. 2018), as well as the problem of domestic violence and its solutions in the light of maqasid shariah (Husni, Nasohah & Kashim 2015).

2. LEGAL STATUS OF UNCLEAN MATERIAL WHICH HAS STRUCTURALLY CHANGED

Jurists differ in view in deciding the legality relating to istihalah of unclean material into something not unclean. This transformation may take place naturally or through a modern biotechnology process. As a result of these processes, the material regarded as originally unclean is seen as not unclean at the end. However, jurists differ in their views to ascertain the legality of unclean material which has changed its nature, structure and so on, into something which is not anymore seen as unclean by humans at the end of the process. For example, lard which is processed and changes its properties to become fragrant cleansing soap. Jurists in discussing this matter fall into two established groups as follows:

All kinds of unclean material which have structurally changed into other products are clean and halal regardless of the origin of the unclean material. For example, lard processed into soap, capsules and so on. This view was pioneered by Hanafi scholars such as Ibn Hammam (2003: 200); al-Nasafi (1997:238), and Maliki scholars (al-Hattab 2003: 97) as well as Hanbali scholars such as Ibn Taymiyyah (Ibn al-Qudamah n.d.: 97).

Hanafi scholars explain that for anything which changes its original properties to different properties one hundred percent different from the original properties, then the legal ruling for it is subject to the final properties. This means that unclean material with properties such as smell, colour and taste which changed into something different until there is no trace of the unclean material such as its properties of smell, colour and taste in the new product produced, is considered as clean and halal for use by Muslims. The same ruling applies to lard which is mixed with a material for making salt, then it is processed with other clean materials until white salt is produced which does not look like lard, it is halal for consumption (al-Nasafi 1997: 239). Muhammad further added that if faeces is processed through heating for example, until its structure changes to dust, fertiliser, solids, and deodorizer and so on, it is clean and halal for use in ‘ibadah (worship) etc. (Ibn „Abidin 1966: 216; Ibn Hammam 2003: 200).

Relating to the issue of unclean material which has its structure modified to become something new, Hanafi scholars issued a fatwa on the matter as follows:

 The legal ruling on cooking raw meat which contains blood is that if it is cooked until there is no more trace of blood in the food, then it is clean and halal to be consumed (al-Nasafi 1997: 239).

 Food and water cooked in pots and jugs or utensils, made of clay which is unclean, are considered clean and halal each time they are cooked in the utensils. The reason is that the legal decision is based on the end product and not the original material of the product. (al-Nasafi 1997: 240; Hasan 1411H: 103; Majmu„at min al-„Ulama‟ n.d.: 44- 45).

Maliki scholars hold the opinion that unclean material which has transformed into something good is considered clean and halal. However, if the contrary happens, then it is considered unclean and haram. For example, food which goes in the stomach is considered unclean when it comes out through the rectum or mouth (vomit) even though the food was originally clean when eaten. This is due to the effect of the process which occurs to the food and drink when it goes into the stomach resulting in the end product which is dirty and unclean. Hence the legal ruling is subject to the end product and the original material is not taken into account (al-Dardir n.d.: 50). The argument which forms the basis for their ruling is qiyas musawah (analogy and equating). Alcohol in its original form is unclean, but it becomes

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clean through the istihalah process whereby the properties change when alcohol transforms into vinegar. Therefore, the legal ruling takes into account the end product if it is good, then it is halal, if otherwise, then it is unclean and haram (al-Dardir n.d.: 57; al-Kashnawi n.d.: 40;

Ibn Juzayr 1991: 34).

The same stand is supported by al-Zahiri scholars. They assert that if an unclean material has changed its structure, the properties of colour, smell and taste into a different matter or form, then the legal ruling also changes from haram to halal. Nevertheless, all these are subject to the validity of the „illah (reason/cause) in the thing the legality of which is being discussed. If there is no „illah at all or, in other words, any reason which causes the material to be considered haram and unclean, then it is clean and halal. If the „illah or the reason for haram clearly exist, then the haram prevails in this matter. As understood from the juristic method which explains that: “Every existing permanent and clear ^cillah is taken as a benchmark for determining a legal ruling” (al-Zuhayli 1995: 70-71). In addition, it is also explained through fiqh method that: “It cannot be denied that a legal ruling changes when there is a change in time and place” (Md. Saleh 2000:118-121).

All the above methods according to al-Zahiri madhhab seem as if to determine the guideline in deciding a legal ruling for unclean material which has transformed its original nature into something different. It is essential that each legal ruling be seen from various angles, particularly from the aspect of „illah which is the main reason or cause in establishing the legal status of halal or haram of the product. Hence, the al-Zahiri madhhab stands by its ruling that it is inappropriate to rule that a new product made from unclean sources is unclean if the unclean matter has tansformed its nature or properties to something which is no longer considered as unclean (Ibn Hazm n.d.: 127-138). On this basis, it is a big error for Muslim to rule something as haram without bringing any cogent evidence, argument and reasons. if it has already been ruled as halal by Islam Allah SWT says in surah al-Baqarah, verse 29, which means: “It is He (Allah) who created for you of all that which is on the earth”.

If all that is on this earth is to be utilised for man‟s benefit, why would humans make them haram without any study and investigation. For this reason, the legality of all materials based on animal, vegetation, water, stone sources and so on used for the purpose of food, beverage, medicines and other uses need to be studied in depth so that Muslims are not included among those who treat as haram something which Allah makes halal (al-Naji n.d.: 516).

Shafi„i scholars such as al-Shirazi (n.d.: 10), al-Shirbini (n.d.: 151) and some of the Hanafi scholars such as Abu Yusuf (Ibn Hammam 2003: 200) are of the opinion that any unclean material with has changed in structure to form another thing is still unclean and haram for use by Muslims even though it has transformed in nature into another product which can cleanse and the like. For example, if a large amount of dust, formed from burning unclean material, falls into a well, then the water in the well becomes unclean. The same ruling goes for salt, if an animal carcasse is found in the brine used for the purpose of processing salt. Those he supported this view were al-Mardawi (1997: 318) and Ibn Qudamah (n.d: 97) from the Hanbali madhhab. Their arguments are based on the Prophet‟s (PBUH) hadith which forbade his Companions from taking alcohol as an ingredient in a food mixture even though it was modified and became vinegar. Their authority is a narration by Anas ibn Malik, in which the Prophet (PBUH) was asked whether alcohol can be made into vinegar?

He replied, “No” (al-Nawawi 1994, Kitab al-ashribah, Bab tahrim takhlil al-khamr, 3:1573).

In addition, in a hadith narrated by Abu Talhah, he once asked the Prophet (PBUH) concerning some orphans who inherited alcohol. He replied that it must be burnt. Abu Talhah asked again whether he could transform it into vinegar. The Prophet (PBUH) replied that he may not (Abu Dawud n.d., Kitab al-ashribah, Bab ma ja‟a fi al-khamr takhallul, 1:77).

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The above ahadith shows that the Prophet (PBUH) forbade his Companions from taking alcohol as material for processing into vinegar. The reason is that the fermentation is done by human intervention. Therefore, the prohibition of alcohol is permanent in any situation even though its original nature may be transformed. The same rule applies by analogy to haram materials such as pig,lard, dog, blood and the like (Ibn Abi Ya„la n.d.: 188). From the researcher‟s view, the stronger and more favoured view is of the group which makes halal the process of istihalah in food products and so on, as compared to the other view. The reason is the stronger evidence and argument submitted by them. In addition, the maslahah (public interest) approach is taken into account in deciding the legal rule as a step towards meeting necessity, demand and the circumstances of the Muslim life in many matters particularly relating to products they use daily (the Shafi„i madhhab does not allow juridical opinions based on maslahah).

3. CONCLUSION

From the results of discussion, it may be inferred that jurists differ in their views regarding the issue of modification or transforming of unclean materials in the making of food products and the like. The Shafi„i and Hanbali madhhab assert that the legal status of every product must be ascertained from the beginning of the product processing. If it is made from halal materials, then the end product is also halal. If it is made from unclean and haram materials, then the end product is haram, regardless of whether the unclean material has changed its properties so that it is not seen to be unclean anymore. In contrast, the other view comprising of the Maliki and Hanafi jurists assert that an unclean material may no longer be considered unclean if its original nature has changed so that its new properties are no longer considered unclean in the view of humans either through sense of taste, smell and colour. The views of the latter group is supported by many modern jurists, such as Ibn Taymiyyah, al-Qardawi, al- Ashqar (2006), Ibn Qayyim al-Jawziyyah and many more. Nevertheless, both groups are unanimous in prohibiting all new products which may bring harm and disadvantage to humans, directly or otherwise.

ACKNOWLEDGMENT

This study is financed by the Fundamental Research Grant Scheme (FRGS) (FRGS/2/2013/SS103/UKM/03/2), UKM and the Ministry of Higher Education Malaysia and the research grant of Cabaran Arus Perdana (AP-2017-002/1), Universiti Kebangsaan Malaysia.

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