FIQH MUA’SARAH

HALAL DAN FIQH SEMASA

OLEH;
DR. LOKMAN BIN AB RAHMAN
Luhum Mustauradah: Imported Meat-Syed Sabiq
• When a country population consists of Majusi and Muslim it is not
known whether their is performed by Muslim or Majusi that is not
halal because there is doubt. However, meat that comes from a
country the majority of Muslim population, is halal. However, meat
that comes from a country of the majority muslim population, is
halal. The 3 requirements;
• The meat from halal animal according shariah
• The meat is from an animal slaughtered according shariah
• Processed, stored, the meat is not mixed with not been
slaughtered according to shariah or pigs.
Lokman Ab. Rahman 4 4
Ahlu al-Kitab: The People of Book
“On this day the good and clean things are made lawful for you.
And the food of those who have given the Book (al-Kitab) is lawful
for you and your food is lawful for them”. (al-Maidah:5)
According to Ibn Kathir: Ahlu al-Kitab are Jews and Chistians to
whom the Taurah and Injil were revealed from the descendent of the
Bani Israel, Moses, Jesus as well as those who embrace those
religion who are not from the decendent of Bani Israel. (Muhktasar
Tafsir Ibn Kathir)
• Yahudi:Jews- Kosher
• Christian-no symbol/logo
Mazahib: School of Thought
• Malaysian government has recognised Mazhab Shafie
as Islamic practices among Muslim Community. But
the popular mazhab among muslim communities in UK,
US , Europe and Arab countries- are Hanafi and Maliki.
• Iran, India, Pakistan and Iraq-mazhab syiah practice
• Refer to: i. Muzakarah Fatwa Kebangsaan, MKI
ii. Malaysian Halal Standard
Istihalah: a change of something from its habit & nature
• Scientific term: a change in substance where a chemical reaction changes a
subtence into another subtence: example oil and fats from various sources, into soap.
• Fiqh: as the change and tranformation of one thing to another which includes the
of fact and form. In fiqh the change of something that is najis to something that is
pure.
• The issue: Qardhawi said; “Actully, many substences that are originally made from
pork product have been no longer impure or related to the same judgment of
prohibited pork such as jelly that may be taken from the bones of pigs”. (Fi Fiqh al-
Aqaliyyat al-Muslimah)
• Shafi’e and Hanbali do not accept the istihalah except in a few circumtences. For
Shafie Mazhab, unclean things cannot be made pure by changing the nature, except:
i. Alcohol to vineger
ii. Skine dead animal after being tanned (samak).
iii. A carcass turning into a caterpiller as new life emerges.
ISTIHALAH PROCESS
Kosher:
• The word Kosher means proper or acceptable. Kosher laws have their
origin in the Bible and Talmud as the codes of Jewish tradition.
• Kosher or Kasharut means suitable for us , such as meat, fruit, vegetables,
wine, cheese and gelatine. The opposite of Kosher is Trefah means
unsuitable or illegal: For example- blood, pigs, rabbits, and sea animal with
shell.
• The Issue: A significant difference, because Islam forbid alcohol, liquor, and
intoxicating substances, but Kosher allows it. Kosher accept all products
containing gelatine such marshmallows and yogurt regardless of the sources.
The use of enzymes from any sources in manufacture of cheese
regardless of the sources whether from pigs or halal animals which are
not slaughtered is permitted. (M.Mazhar Husaini, Islamic Dietary &
Pratices)
Wine and Alcohol: Khamr
• Quran clearly states that Khamr is haram (al-Almaidah; 90). Khamr is an alcoholic
beverage produced through a fermentation proses. Not all alcohol comes from wine;
in fact it can be obtained from fruits and vegetable naturally without a fermentation
proses. Can be produced accidently in manufacturing and synthetically as well as
being useful in various industries.
• Muzkarah Fatwa 1998 allowed cordial containing flavours as a stabiliser-the rate
0.01 % maximum lavel in the practice of halal certification. IFANCA issued halal
certificates on Tabasco products 0.4 % alcohol were produced in US and distributed
in Malaysia to seek decision of the Shariah Review Panel.
• This issue can be over come when halal certification pratice refers to decision-
Special Fatwa Discussion in 2011, which set the alcohol rate below 1%.
• It is permissable to use cosmetic contaning synthetic or artifical alcohol produced
from chamical mixtures because it is not najis. But it is haram to drink because it
is harmful and poison.
Post Slaughter Thoracic Sticking (TS)
• Thoracic Sticking, which is an additional procedure used after a slaughter, is
permissible. The meat involved is halal subject to following conditions:
i. A proper slaughter was done
ii. The method is carried out after complete bleeding has taken palace or 30 seconds
after the slaughter.
iii. The animal died from slaughter and TS procedure was merely to help exedite the
death
iv. This procedure needs to be supervised by qualified muslim worker.
Fiqh: And it is makruh to chop off head, break the neck, dismember, move the limbs,
shift the slaughtered animal to another place, until after life its body. (al-Khatib al-
Sharbini, Mughni al-Muhtaj)
The above act is makruh, it does not effect the lawfulness of the slaughtered animal
because it was done only after the complate severance of the animal’s halqum and
mari’.
Jallalah: as animals of which are fed with najis and others
similar to it, like excrements and filty things.(Ibn Manzur, Lisan
al-’Arab)
• Hadith: “The Messeger of Allah prohibited eating the animals
which feeds on filth and drinking its milk”. (Tirmizi & Abu Daud)
• Imam Nawawi: that al-Jallalah animals are animals which fed najis
or excrement, whether the animal is a camel, cow, goat or
chicken. (Raudah al-Talibin)
• Some ulama’: as Jallalah if the majority of their feed is najis,
however if majority of their feed clean and not najis, they are not
catogorised as al-Jallalah.
• To avoid khilaf: the animal should be quarantined and isolated,
and fed with good feed until the smell of najis is gone.
‘Umum Balwa

‘Umum Balwa, according to Islamic juristic terminology, is an

unfavourable widespread situation affecting most people and
is difficult to avoid.
The purpose of such an excuse is to facilitate the carrying
out of daily activities. Without such an allowance, the
maslahah of the public will be affected especially in an
economic field that involves the control of mal and trade as
well as social stability
Fiqh: “ If a situation faces a problem, Shara’ allows for way out “
Syukran, Wassalam