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Food Industries and the Actual Contemporary Jurisprudence.

The 9 th . INTERNATIONAL CONFERENCE ON HALAL AND HEALTHY PRODUCTS. Turkey, Istanbul 23-24 th , october , 2017. GIMDES Turkey- Halal Product Research Institute. الصناعات الغـذائية وواقع الاجتهادات الفقهية المعاصرة. Food Industries and the Actual Contemporary Jurisprudence.

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Food Industries and the Actual Contemporary Jurisprudence.

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  1. The 9th. INTERNATIONAL CONFERENCE ON HALAL AND HEALTHY PRODUCTS Turkey, Istanbul 23-24th, october, 2017 GIMDES Turkey-Halal Product Research Institute الصناعاتالغـذائية وواقعالاجتهاداتالفقهيةالمعاصرة Food Industries and the Actual Contemporary Jurisprudence. Dr. BahmedReffis

  2. ﴿يَآ أَيهَا الذِينَ ءَامَنُواْ لاَ تُحَرِّمُواْ طَيِّبَاتِ مَآ أَحَلَّ اللَّهُ لَكُمْ وَلاَ تَعْتَدُواْ إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ﴾ (Al-Maida: 62المائدة: ) “O you who believe! Do not prohibit the good things Allah has permitted for you, and do not commit aggression. Allah does not love the aggressors”

  3. The issue of halal is a matter of faith and belief

  4. Haraam is restricted and halal is unlimited. But in this age things have become more complicated. It is now difficult to distinguish halal from haraam. Things have gone Beyond meat and slaughtered animals.

  5. The rapid development of food processing requires constant follow up of the substances that are used in making food.

  6. Global trade and the opening of borders between nations have helped the spread of processed foods with materials that may come from haram sources.

  7. The scholars have endeavored through the jurisprudential assemblies and seminars to establish the legal rulings about this recent development

  8. However, some decisions and fatwas still need to be examined and reviewed.

  9. What is prohibited in Islam is obvious and clearly defined: blood, pork, liquors and meat of an animal not slaughtered according to sharia.

  10. In jurisprudence, there are foundations for the purification of impurities such as: Istihalai.e. changing the product’s entity Istihlak i.e. dilution.

  11. However, it is noticed that many of what some jurisprudential councils considered halal based on (the change of entity) istihala and (the dilution) istihlak needs to be reviewed and scrutinized in the light of the modern sciences data, and the implications of the texts of Sharia.

  12. This problematic may be raised: How can we agree on a common approach to research on issues related to the Halal industry? What is the role of careful expertise on the latest developments?

  13. In order to answer this problematic, the research focused on two points 1- Examples of some fatwas and decisions that should be reviewed, and reformulate them according to the latest developments in biotechnology and its accurate research. 2- The most important ways to ensure the verification of emerging issues and establish the ruling in accordance with Sharia.

  14. Models of disagreement in the Islamic ruling about foods

  15. The change of entity: istihala Istihala is known as the turning of the nature of any matter, the changing of its name and characteristics. The clearest example of the disagreement about istihala is gelatin which is extracted from swine skins and bones

  16. In one of the recommendations of a seminar held in Kuwait about the forbidden and impure substances in food and medicine, it was stated: “Gelatin extracted from animal bones, skin and tendons which was changed by istihala is pure and halal to be consumed”.

  17. A participant in this seminar declared: "In the case of gelatin, religious seminars attended by more than 50 or 60 scholars, doctors, biochemists and food scientists issued a conclusive recommendation about the purity of gelatin based on istihala."

  18. But this confirmation contradicted what was issued by the Islamic Fiqh Academy in Jeddah in its third session held in Amman. In a response to the inquiries of the International Institute of Islamic Thought, Washington, on 12 Safar 1407 (October 15, 1986):

  19. "It is not permissible for a Muslim to use enzyms and gelatin taken from swine in food. enzyms and gelatin taken from plants and slaughtered animals are sufficient to be used ».

  20. Then came the decision of the Council of the Islamic Fiqh Academy, which was issued in Makkah at its fifteenth session held in Rajab, 1419, October, 1998, which stated:

  21. “It is permissible to use gelatin extracted from halal substances and slaughtered animals and it is not permissible to extract it from what is illicit as the swine skin and bones, other haram animals and matters”.

  22. This divergence can also be found in the works on the topic of foods. For instance, a scientist says: “Gelatin derived from different animal species cannot be perceived because it has no sign of its animal origin. So, it becomes halal by istihala”.

  23. Another one declares that “the swine skin and bones are only partially transformed. The method of spectroscopy can identify the origin of the extracted gelatin after various chemical processes”.

  24. In fact, the change in gelatin manufacturing is only a breakdown of some of the lateral bonds in the collagen molecule and a redistribution of some of them into the peptide chains. In gelatin, acid chains and many lateral bonds remain intact. So, it is only a hydrolyzed collagen, and the change is no more than giving it the characteristic of being soluble in water. Its basic components are unchanged.

  25. Controversy about istihal is not related to the full natural cycles as the transformation of organic matter into a mineral absorbed by the plant to turn it into fruit.

  26. It lies in the simple transformations caused by manufacturing to change some substances in order to add them to food.

  27. Has the substance changed completely so that all original characteristics may be lost and new ones have been acquired? Or is it only a partial change The answer comes mainly from biochemistry and natural sciences experts.

  28. Some ancient fukahaa have warned that a mere transformation is not enough to consider something pure, unless a transformation has led completely to istihala.

  29. IbnAbidin quoted some of the Hanafi scholars who said that impure raisin may become pure by istihala when it changes into molasse after cooking. Then, he commented: "The molasse does not have a real transformation because it is a juice coagulated by cooking ... It’s not like wine which becomes vinegar or a donkey which falls in a salt deposit and becomes salt..."

  30. It is understood from what IbnAbidin said that istihala can not be reached by a mere change of form, but after a certain level of transformation. IbnuQudamah has similar words about this distinction.

  31. This is what al-Ghazali called particularities (thatiate). He said in his book El Mustasfah: «Only the particularities are included in the exact definition of the matter and all of them should be mentioned to perceive the reality of the matter and its essential nature, I mean by its essential nature the answer to the question," What is it? "

  32. Therefore, it is necessary to refer to the previous researchers’ statements, but without neglecting the experts’ view in the field, to determine the level of change that should be attained so that it can be said the matter has reached istihala

  33. This cannot be done without studying the nature and the essence of the matter scientifically by analyzing its components, in order to know the different changes that occure. “Making a judgment on something is a part of its perception” as it is said by the fundamentalists.

  34. It is therefore not possible to make a general judgment on those matters by a single sentence. In order to take a decisive decision about them, they must be examined individually in a case- by-case manner.

  35. A research about Istihala of impurities in food and medicine appeared in the first issue of the Scientific Journal of the Council of Europe, issued in Rabia Al Awal, 1423 / July, 2002.

  36. The researcher presented the previous scholars’ views on istihala, and he cited examples from ancient jurisprudence books. He declared: «We can conclude the following rules on the istihala of impurity/ najassa:

  37. - If the excrements are burned and become ashes or dust, they are pure. - If a dead body is burned and becomes ashes, it is pure. - If a dog or swine is transformed by istihala into another entity, such as salt or other chemical compounds, the product is pure.

  38. If bones of a dead body are transformed by istihala into ashes, smoke, steam or any other chemical substance, the product is pure. • If an impure substance is transformed by istihala as alcohol into vinegar and excrements and animal manure into fruits they become pure.

  39. As a result, the istihala that occurs to impure substances by the effect of “chemical Reactions” and “industrial interventions” lead to pure products that may be consumed unless they cause damage.

  40. The researcher concluded his study with this result by relying entirely on the ancient examples, ending with general and ambiguous terms such as "the effect of chemical reactions" and "industrial interventions." without mentioning any of the materials that are introduced today in modern processed foods.

  41. Based on the results of this research, the Council issued a fatwa on food additives stating:

  42. «These materials referred to by the letter (E) plus a number do not affect the purity of food or beverages ... If any food or beverage contains some of these additives, it remains originally permissible. Our religion is simple. Allah has not enjoined upon us to searching and digging in similar situations”.

  43. Thus, came the fatwa general and decisive! According to what is stated, all of these substances of haram origin have been transformed by istihala.

  44. It is noted that there is a lack of accuracy in the specification of the scientific concepts and the ascertainment of the reason (tahqiq al manat). In spite of the actual definitions of istihala, its accuracy remains widely ambiguous. The conversion of fat to emulsifiers such as monoglycerides is still a question of wide controversies.

  45. Some scientists also consider that rennet and enzymes used to make cheeses are changed by istihala, while enzymes are only chemical catalysts that do not intervene into the chemical reaction and usually remain as they are. They can even be re-drawn for re-use.

  46. Others even state that blood plasma becomes halal by istihala. As it is known, plasma is a blood isolated from the erythrocytes, which accounts for 55% of the total blood volume. In food processing, it gives a stable emulsion.

  47. Plasma is used in making sausages and porridge, and for the cohesion of food, because it coagulates by heat such as egg whites. It is also added to pies, soups, hamburgers, pastries and biscuits.

  48. The recommendations of the 9th Medical seminar of the Islamic Organization for Medical Sciences in Casablanca in June 1997 stated that:

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