Wednesday, January 24, 2024

Fiqh of Using Medicines containing Gelatine

Use of Gelatine in Medicine
Dr. Mohd Habeeb Haris MD

Gelatine is a protein obtained by partial hydrolysis of animal tissues such as skin, tendon, ligament, bone, cartilage and hooves. The product seems to be of a variety and from the technical standpoint, the raw material must be selected according to the purpose intended. Raw materials intended for medicinal use as well as food production are generally skin and bone of cattle, sheep and pigs. 80% of gelatine in Europe is of porcine origin.

Gelatine is used in the preparation of many pastes, and is the main ingredient in all hard and soft capsules. Gelatine capsules are used as a means to deliver drugs mainly via oral route. Gelatine is also used as a binding agent in some tablets and lozenges.

It is also used in many food products such as ice-cream, jellies, chocolates, sweets, jams, pastries and jellied meats. It acts as a stabilising and smoothing agent in foods. (Muslim Food Guide, 97/98 Edition)

Does gelatine go through istiḥala (complete substance transformation)?

Fatwa of Darul Uloom, Karachi:

Maulana Sarfaraz Muhammad, who wrote this fatwa [which is printed in his book ‘Halal Ghiza Jadid Tibb aur Science’ (pages 37 to 52)], presents a detailed discussion on the definition and standard of istihala, and then goes on to determine that gelatine does go through some chemical change but does not go through a complete change of essence. Rather, the essence is exactly the same and has just been broken down much more. He explains the process is more similar to that of cooking the meat rather than any actual structural change. Many scientific references are quoted to support his statement. Below are a few out of the many quoted:

“Conversion of collagen to gelatine occurs during normal cooking of meat, and this accounts for the gelatinous material that is sometimes evident in meat after heating and cooling….” (Food Chemistry pg. 906, Owen R Fennema)

“The transition of collagen to gelatine outlined above occurs during the cooking and roasting of meat.” (Food Chemistry pg. 546, H.D Blitz, Werner Grosch, Peter Schieberle)

He concludes by saying that since porcine gelatine does not go through a complete change of essence, rather, the essence is exactly the same and has just been broken down into smaller fragments, its use is impermissible. (Darul Ifta of Darul Uloom, Karachi, Fatwa No.: 2/1276; Checked by Mufti Taqi Usmani)

Ruling of International Islamic Fiqh Academy, Jeddah:
Question: What is the ruling on using porcine gelatin transformed into other components in foods, in such a way that it renders laboratory identification impossible?

Answer: “It is not permissible to use pig-derived gelatin in foods through the method mentioned above, but it is permissible to use it in medicines if there is no other alternative.” (Resolution No. 225 (9/23), https://iifa-aifi.org/en/6233.html )

Mufti Muhammad bin Adam of Darul Iftaa, Leicester, UK, says:
“If gelatine is derived from pork or an unlawful animal or an animal not Islamically slaughtered, then it is impure and haram. However, if it is derived from a halal source, then there is permissibility in its usage. Most contemporary scholars declare gelatin as unlawful (haram) due to the fact that firstly it is difficult to establish where it’s derived from, and secondly it is mainly derived from pig or haram animal and the change it undergoes is not sufficient for it to be classed as halal. The Islamic Fiqh Academy, Jeddah, Resolution number 23 [1986], considers it as being non-halal.
The ‘chemical change’ that takes place during the manufacture of gelatine is not sufficient to be considered a full transformation (istihala/tabdil al-mahiyya), such as when alcohol transforms into vinegar or when a pig falls into a salt mine and fully turns into salt. Scientifically when meat is cooked, it undergoes structural and chemical change, but remains meat. As such, when pig meat is cooked, it still remains pork and is haram.” (https://daruliftaa.com/food-drink/medicines-with-gelatine/)

However, the Islamic Fiqh Academy, India has a somewhat different view on the issue of gelatine. It decided in the 14th Fiqh Seminar (Hyderabad – A.P) 20-22 June 2004:

“Gelatine is an organic substance, which is a type of protein. It is formed when another protein the Collagen found in the skin and bones of animals undergoes chemical transformation. The substance so obtained takes the form of a different protein, the chemical and medicinal properties of which are absolutely different from that of the Collagen. It is also dissimilar to the Collagen in terms of its colour, smell, taste and other characteristics. In case the substances, which are described as impermissible by Shariah, undergo a complete process of metamorphosis, then the validity of the law does not hold well. The special or basic properties of the substance, by which it has been universally accepted and identified, are the real characteristics and identification of the substance. According to the research undertaken by the scientific experts, Gelatine does not possess the characteristics and properties of the skin and bones of animals, whose Collagen is used to prepare Gelatine. In fact, an altogether new substance is produced which has distinctly different characteristics from its parent substance. Therefore, there is a room for its use.

In view of differences between the jurists as well as the importance of edible substance, the Seminar earnestly appeals to the Muslim businessmen and traders to prepare Gelatine only from permissible animals using the permissible and clean parts of their body, so that there may be no dubiety over the issue of its permissibility and lawfulness.”
(http://www.ifa-india.org/pdfs/pdf-20210602034956.pdf)

Conclusion: Most fuqaha in our times consider gelatine to be an impure substance (if derived from pork or an animal not Islamically slaughtered), holding that the change it undergoes from its original state is not sufficient to be considered essential transformation.

Therefore, most of the scholars have declared gelatine as unlawful (haram) due to the fact that firstly, it is difficult to establish where it’s derived from, and secondly, the change it undergoes is not sufficient for it to be classed lawful (halal).

However, the Hanafi jurists (fuqaha) have given a dispensation in using impure and unlawful substances for medical purposes, provided certain conditions are met.

The classical Hanafi jurist, Imam al-Haskafi (Allah have Mercy on him) says:

“The Scholars differed regarding the usage of haram medication. The apparent opinion in the (Hanafi) school is that it is haram. However it is said that, it will be permissible when the medicine is known to be effective and there is no other alternative, just as there is a dispensation in drinking alcohol for a person dying of thirst, and the fatwa is given on this opinion.” (Durr al-Mukhtar, 1/210)

Conditions for using medicines that have impure and unlawful substances in them:

In view of the above text from one of the fundamental Hanafi reference books, it will be permissible to use medicines that have impure and unlawful substances in them, provided the following conditions are met:

1) It is reasonably known that the medicine will be effective, and is needed to treat the disease;

2) There is no permissible alternative reasonably available;

3) This has been established by an expert Muslim doctor who is at least outwardly upright and god-fearing. (https://daruliftaa.com/food-drink/medicines-with-gelatine/)

No comments:

Post a Comment