Saturday, January 27, 2024

The Talaq and polygamy "bombs":

The Talaq and polygamy "bombs":
-Dr Habeeb Haris

Some husbands and in-laws loosely use the threats of "talaq" and/ or "second marriage" in arguments/disputes with the wife in order to pressurise her for various things. This is the most ignorant and stupid thing to do as it destroys the family life and causes:

-The wife to forever distrust her husband and makes her feel unstable and vulnerable.

-She will lose all love and respect for the husband and his family.

-If the children hear it, they will hate the father forever.

-Pushes her to go to Aamils and black magicians who can exploit her in many ways.

-If she is not strong in her Imaan and ilm, it can make her detest and hate the Shariah laws which can take her out of Islam without her even realising it, even if she prays Salah regularly and does all other obligations of Islam.

-Can push her to make arrangements for a plan B in case the husband acts on his threats. This can even open the door to extramarital affairs.

-Causes severe mental tension and distress to her which can cause her psychological disorders.

-Can make her fall prey to feminist propaganda.

-Creates a negative image of the pure Shariah and it's family laws in the society.

Please use your tongue carefully. It can destroy your or someone else's life and Aakhirat even. The Shariah provisions of talaq and polygamy should be used responsibly and in a very thoughtful and serious way. It should not be used as a threat to win arguments. Naudhubillah.

If there are any problems in the marriage, the couple should take proper family counseling from the ulama and Muslim family councillors instead of using such cheap and counterproductive arguments. May Allah give us tawfeeq.

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/)

Monday, January 22, 2024

Can scientific education save us?

Can scientific education save us from political persecution?

Some people think that Indian Muslims are suffering persecution because we are weak in education and knowledge of science.

However, political problems need mainly political solutions. Education and "science" won't help in the face of fascist political movements, history proves this.

Jews in Germany during the rise of Hitler were quite well educated and had many great scientists including Einstein. That didn't stop Hitler from doing what he did. Those scientists had to flee Germany to save their lives.

The book 'Hitler's Gift: The True Story of the Scientists Expelled By the Nazi Regime' by J.S. Medawar and David Pyke, offers in-depth profiles of the talented Jewish scientists who fled Nazi Germany after Hitler's rise.

Over 2700 German academics, many of them Jewish, had fled Nazi persecution to Great Britain shortly after Hitler came to power in 1933.

David Stollar writes in his online article 'A Way Out of Germany' , "Before the Nazis seized power in the early months of 1933, Germany was at the forefront of science and medicine, and Jewish scientists and physicians, who contributed prominently to that status, seemed secure in their professional careers and, to a large extent, in their personal lives.

As primary targets of Hitler’s onslaught, however, Jews soon found their world and assumptions turned upside down. By April of that year, nearly all were dismissed from academic and civil service positions."

So this idea that "science can save us" is a very dangerous and oversimplistic assessment of the situation. We need to think of politically sound strategies inspired by the Last Revelation, the seerah and our rich history.