Istihalah - Halal Industry Development Corporation

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WORLD HALAL 

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RESEARCH 2011 

Istihalah: 

Concept and Application 

Assoc. Prof. Dr. Abdul Rahman Awang 

Faculty of Laws 

International Islamic University Malaysia 

Shariah Advisor, HDC

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Introduction 

• A general rules in Islamic law held that, purity is the 

foundation of all matters (things) until the opposite is proved. 

• as an exception to the general rule, impure or prohibited 

materials can become pure and permitted to use if its 

substance is changed into another material different from its 

original in name, characteristics and qualities. 

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Introduction (cont’d) 

• There are two popular views of the Muslim jurists as for the 

application of Istihalah. 

• Abu Hanifah and his disciple Muhammad al-Shaybani held 

that it has become pure hence permissible. 

• The second view, on the other hand, held that even when 

something impure is changed in its character and transformed 

in its nature and elements, it shall continue to be impure. 

Thus, it is impermissible. 

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Definition 

• literally, it can be defined as to change and to transform 

something from its nature and characteristics. 

• Technically, concept of Istihalah can be defined from two 

perspectives i.e. from the perspective of jurisprudence 

scholars (usuliyyun) and from the perspective of jurists 

(fuqaha ). 

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Definition (cont’d) 

• The usuliyyun had defined Istihalah as abstaining something 

from occurring. Whereas the fuqaha had viewed Istihalah as 

changes in the true state of something by way of loosing part 

or the whole of its original forms. 

• The Islamic Organisation for Medical Sciences (IOMS) in the 

9th Fiqh-Medical Seminar had adopted the definition of 

Istihalah as changing the nature of the defiled or forbidden 

substance to produce a different substance in names, 

properties and characteristics. 

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Definition (cont’d) 

• Istihalah could happen in two ways either through natural or 

through the man made process. 

• Istihalah could happen naturally without any intervention by 

human such as transformation of alcohol to vinegar. 

• It also took place by human effort. 

• This transformation occurs when a substance is dropped into 

another substance such as a drop of onion or bread or yeast or 

stone in alcohol. 

• It also could occur when a substance such as alcohol is 

removed from a sheltered place to an opened place and 

exposed to the sun or vice versa. 

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Legality of Istihalah 

• The scholars have differed on the status of Istihalah as to 

whether or not it can be used for the purpose of consumption 

by the Muslims, such as something impure (najasah) if 

transformed in its essence, into two views. 

• The first view held that it has become pure hence permissible. 

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• This view was based on the following authorities: 

a) The law had prescribed that something is impure due to its 

dirty attribute; 

b) An analogy of Istihalah of the impure with purification of 

the carrion skin by way of tanning; 

c) An analogy could be held between Istihalah of the impure 

substance with the Istihalah of alcohol by itself with the 

common alteration and changes of the two things: 

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• An analogy could also be held between Istihalah of the 

impure substance with a halal animals when it is feed with 

something impure; and 

• It is observed that Allah S.W.T changes all His existing 

creations and replaces His original creation with new creation 

such as alcohol with vinegar etc. 

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• The second view, on the other hand, held that even when 

something impure is changed in its character and had 

transformed in its nature and elements, it shall continue to be 

impure. 

• Their arguments are as follows: 

a) The Prophet (PBUH) prohibited eating Jallalah and its 

milk. 

b) Transformation as a result of Istihalah of the impure 

substance, is a partial transformation as it happens to the 

attribute of the substance only whereas the essence which is 

impure still exists. 

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c) The impure substance will never become pure by way of 

transformation such as blood when become pus except in the 

case of Prophet (PBUH) allows the consumption of spleen and 

liver. 

• It seems that the view of the majority jurists is more 

preferable. 

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• A contemporary view on this issue had been given by the 

Islamic Organisation for Medical Sciences (IOMS) in their 

9th Fiqh-Medical Seminar, held in June 1997 that additive 

compounds extracted from prohibited animals or defiled 

substances which are transformed, may be considered as 

clean and permissible for consumption or as medicine. 

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Issues Related to Istihalah 

1. Alcohol 

• It had been agreed by all jurists from all schools of Islamic 

law that alcohol whenever changed naturally, without any 

chemical treatment, becomes pure and permissible for 

consumption and usage. 

• This is based on several authorities: 

a, Hadith narrated by Aishah (RA) that the Prophet (PBUH) 

once said: “The best of condiment(s) is vinegar”; 

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b, Hadith narrated by Abu Sufyan from Jabir b. 'Abdullah 

reported that the Prophet (PBUH) asked his family for 

condiment. They (the members of his household) said: We 

have nothing with us but vinegar. He asked for it, he began 

to eat it, and then said: Vinegar is a good condiment, 

vinegar is a good condiment. 

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• As for transformation of alcohol by way of human 

intervention, the jurists differed into two opinions: 

1. It is permitted to transform alcohol and if the alcohol is 

transformed, then it becomes permissible and pure. 

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• This view has been supported by several authorities, among 

others: 

a). It was narrated by Aishah (RA) that the Prophet (PBUH) 

once said: “The best of condiment or condiments is vinegar.” 

A quite similar Tradition was narrated by Jabir bin Abdullah 

who had heard the Prophet (PBUH) asking his family for 

condiment. The members of his household said that they had 

nothing but vinegar. He asked for it, began to eat it and said: 

“Vinegar is a good condiment, vinegar is a good condiment” 

Muslim, Hadith No. 5091. 

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b). It was narrated by Ummu Salamah (RA) that: We used to 

have a goat and it dies. The Prophet (PBUH) then asked: 

Why did not you make use of its skin. We answered: It is 

carrion. He said: “It is permissible by tanning as vinegar 

permit alcohol”. 

c). Ibn Abbas reported: the Prophet (PBUH) happened to 

pass by a dead goat which had been given to the servant of 

Maimunah (RA) as charity. Upon this the Prophet (PBUH) 

said: Why did not you use its skin They said it was carrion. 

He said: The prohibition was to consume its flesh. 

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2. The majority of the jurists held that it is prohibited to 

transform the alcohol, regardless whether it is removed from 

a shadowed to an open place or vice versa or by adding some 

elements into it. 

• This view is based on several authorities: 

a). It had been narrated by Anas that the Prophet (PBUH) was 

asked about the wine from which vinegar is prepared. He 

said: No (it is prohibited). 

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b). An-Nu'man ibn Bashir narrated that Anas b. Malik said: 

Abu Talhah asked the Prophet (PBUH) about the orphans 

who had inherited wine. He replied to pour it. Then Abu 

Talhah ask the Prophet (PBUH) again: May I make 

vinegar out of it He replied: No. 

c). Anas bin Malik reported that: I was standing amongst the 

uncles of my tribe serving them Fadikh when I was the 

youngest among them. A person came and said: “Verily 

liquor was prohibited”. They said: Anas! Spill it away, so I 

spill it. 

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• The National Fatwa Council of Malaysia (4 th April, 2006) 

agreed with the view of the majority and decided that it is 

prohibited to use wine vinegar which is processed and added 

with other ingredients. However, if such transformation from 

wine vinegar to vinegar happens by itself, then it is 

permissible. 

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2. Usage Of Lard In Food Processing 

• Any food that had been added with lard during its processing 

is prohibited. 

• It is also prohibited to eat anything that had been cooked or 

fried with lard except if the form of the lard had changed and 

transformed into something else which is totally different. 

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• 8 th Fiqh-Medical Seminar organized by International 

Organisation for Medical Sciences stated that: 

• “Foodstuff containing pig fat which does not undergo 

denaturation, such as some varieties of cheese, vegetable oil, 

skin oil/lubricant, butter, cream, biscuit chocolate and icecream, 

are prohibited. Obviously, some situation warrants an 

exception due to „necessity‟ (dharurah)”. 

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3. Gelatine Produced from Swine 

• Chemist and pharmacist had agreed that gelatine derived 

from porcine, bovine or other animals had undergone 

transformation (Istihalah) as recognized by the Islamic law 

where their skins and bones which are prohibited and impure 

had changed into other substance. 

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• Moreover, the transformed substance had changed into 

something different from its original substance in term of 

form, taste, smell, chemical structure and other physical 

criteria. 

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• It could be concluded that gelatine derived from those 

prohibited and impure materials such as swine or carrions are 

pure and could be consumed, according to the discussion of 

some Muslim jurists, based on the concept of Istihalah. 

• This is due to the fact that the substance and characteristic of 

the skin and bone of swine and carrion had no longer existed. 

• Therefore, gelatine or the likes after its transformation no 

longer described as prohibition since its original attributes 

had ceased to exist. 

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• The 8th Fiqh-Medical Seminar organized by International 


“Transformation, i.e. the process that causes an object to 

change into another, totally different in properties and 

characters, turns the unclean, or what is deemed to be 

unclean, into a clean object, and therefore turns prohibited 

things into things permissible by the Shariah. On this 

account the following is concluded: … Gelatine made of 

unclean animal's bones, skin and tendons is clean and 

permissible for consumption.” 

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4. Application Of Insulin Originated From Swine 

• According to the recommendation of the 8 th Fiqh-Medical 

Seminar, treatment of diabetes patients with insulin obtained 

from a pig source is permissible because of necessity in 

accordance with the principle of necessity. 

• However, according to Dr Nazih Hammad, such rule of 

necessity should not be applied by an application of the 

concept of Istihalah. 

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• His argument is that it had been recognized scientifically that 

the production of insulin from pork pancreas happen as a 

result of a very complicated and various chemical reaction 

towards the pork tissue. 

• This process had changed the substance and the actual form 

of the organ into something new which is totally different 

from its origin in term of name, criteria and attribute. 

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• When there is a transformation in substance of something 

impure and prohibited, it becomes pure and permissible 

according to the majority view of Muslim jurists. 

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5. Cosmetics Added with Lard 

• If it contained lard or other animal fat which does not change 

in its substance as required by the Shariah, shall be deemed 

as impure and shall be prohibited except when in the 

necessity (darurah) situation. 

• However, if it could be ascertain that there is an actual 

transformation of the substance as required under the concept 

of Istihalah, then the materials shall be regarded, to some 

jurists and Schools, as pure and permissible. 

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• The 8 th Fiqh-Medical Seminar organized by International 


• “Ointments, creams and cosmetics which contain pig fat are 

all unclean. Their use is impermissible in Shariah except 

when transformation (of the material into one of totally 

different properties) is ensured.” 

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• The National Fatwa Council of Malaysia had decided that 

any cosmetic products which contain any impure substance 

such as element of animals that are prohibited for 

consumption or could cause harm to human being are 

prohibited in Islam for consumption.( www.e-fatwa.gov.my). 

• Therefore, the application of the concept in this issue is still 

unacceptable by the Malaysian authority. 

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Conclusion 

• The concept of Istihalah is acceptable in Islam and it is the 

view of the majority of Muslim jurists. 

• However, the application of the concept in the present time 

especially with regard to certification of halal product is still 

debatable among the Muslim authorities. 

• Most of the disagreement on the concept of Istihalah is the 

usage and the presence of pig and its derivatives in food 

processing and other consumer products. 

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Conclusion (cont’d) 

• This could be seen from various fatwas endorsed by the 

Muftis and the Religious authorities especially in Malaysia, 

which is a follower of Shafie school, except in situation of 

necessity. 

• As we have elaborated and discussed the concept of Istihalah 

above, some supported and agreed over the application of the 

concept whereas the others are opposing it. 

• However, it depends on the respective authorities of the 

individual Muslim countries to decide it. 

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Thank You 

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