By Asma bint Shameem
There’s a difference of opinion among ulama about gelatin.
But the stronger opinion is that it’s ALLOWED to eat gelatin because it changes into a new substance through a process called istihaalah.
Istihaalah is a process by which a substance undergoes complete transformation such that the new product is totally different from the original.
Although istihaalah is a VALID process, issues come up when the original animal is a PIG.
The ulama differed about whether pig fat ‘completely’ changes or the change through istihaalah is an ‘incomplete’ change where there are some remnants of it remaining.
Those who say it changes completely, allow eating gelatin even from pigs.
Those who argue that istihaalah does not cause a ‘complete’ change say, you can eat gelatin from other animals except from pork.
Here what Shaikh Bazmool said about this issue:
“Al-Istihaalah means to change from the state that it was originally to another state where it becomes something else. The essence of it now is no longer the essence of what it was before.
With maitah (dead meat), if after a while it decomposes and becomes part of the earth, it is no longer najasah. It no longer holds the ruling of maitah because it is no longer that, in fact you may not even be able to say what it was.
This can happen with dung, or feces, etc. Whenever something changes from one property to another, then the ruling likewise changes and the examples are numerous
The ruling applies upon what something ‘is’; not what it ‘was’.
Istihaalah is from the mutahiraat (purifying). It could have been impure at first but it becomes pure.
For instance: soap- or any other product- if they used maitah but they put it through a process where the end result is different from what was started with.
Proof from Sahabah
Some of the sahabah used to eat the cheese of the disbelievers. The cheese was made from a part of the calf's chest, the calf that was slaughtered by the kuffaar. They knew that this was in the cheese, but they knew also that it went through istihaala.
Gelatin: comes from bone of pig or animal but (it’s) no longer called bone, rather it is called gelatin, hence it is taahir and halaal.
How, when it used to be najis and haraam?
It has gone through istihaala and what it is ‘now’ is not what it ‘was’ before.
Proof from The Prophet (sallallahu alayhi wa sallam)
The Prophet (sallallahu alayhi wa sallam) forbade Muslims from making khamr into vinegar, but if we should come across vinegar that's made from alcohol without our doing, then that vinegar is halaal.
Ibn al-Qayyim said regarding istihaalah:
“Based on this principle, alcohol is impure, even though its origin is pure. If the reason for its being regarded as impure is no longer present, then it is to be regarded as pure. This is the basis of sharee’ah and the basis of reward and punishment.
Based on this, the correct analogy is that this principle may be applicable to all other impurities if they have gone through a process of change.
The Prophet Sal Allaahu Alaiyhi wa Sallam removed the remains of the mushrikeen from the site of the masjid (Masjid al-Haraam), but he did not remove the soil.
And Allaah says of milk that it comes “from between excretions and blood” [al-Nahl 16:66].
The Muslims are unanimously agreed that if an animal eats impure things, but it is then detained and fed with pure things, its milk and meat become permissible.
The same applies to crops and fruits: if they are watered with impure water, but are then watered with pure water, they become permissible, because of the change (istihaalah) in the impure thing, which becomes pure.
The converse also applies: if the pure thing changes into something impure, then it becomes impure (naajis), like water, and food when it changes into urine and faeces.
So how can the change affect it when good turns into bad, but not affect it when bad turns into good, and Allaah brings forth pure things from impure things and impure things from pure things?
It is not the ‘origin’ of a thing that matters, but what it is ‘NOW’.
It is impossible for the ruling on impurity to remain when the name and character of the thing have changed.
The ruling is connected to the name and character, and is present or absent depending on whether they are present or absent.
The texts which deal with the prohibition on dead meat, blood, pork and alcohol do not deal with crops, fruits, sand, salt, soil or vinegar, whether in wording or meaning or text or analogy.
Those who distinguished between the change (istihaalah) of alcohol and other things said that alcohol becomes naajis because of the process of change, then it may become pure because of a further process of change. It was said to them that blood, urine and faeces became impure because of a process of change so they may become pure because of a further process of change. Thus analogy is in accordance with the text.”
(Audio tape from Durar al-Bahiyyah)
Gelatin In medicine
The scholars said:
“With regard to medicine containing gelatin, the matter is subject to further discussion, depending on the type of gelatin used and whether it is of plant or animal origin.
If it is from an animal source, then the question is: is it from a halaal animal that was slaughtered in the prescribed manner; or from maytah (lit. “dead meat”), an animal that was not slaughtered in the prescribed manner; or from an animal that it is not permissible to eat, such as a pig?
1.With regard to haraam gelatin, it is not permissible to put it in medicine.
2.If it is in fact put in medicine, then if it has become transformed (istihaalah) into another substance during the manufacturing process, and there is no detectable trace of the haraam substance in terms of taste, color or smell, then there is nothing wrong with using the medicine that contains it.
3.If it is a small amount that has been completely absorbed and left no trace in the medicine, then there is nothing wrong with taking the medicine in that case. In these two cases, it is permissible to sell the medicine and to prescribe it to patients.
It says in a statement of the Islamic Organisation for Medical Sciences – which researched the topic of Haraam and Impure Substances in Food and Medicine, with the participation of al-Azhar ash-Shareef, the Islamic Fiqh Council in Jeddah, the regional office of the World Health Organisation in Alexandria, and the Kuwaiti Ministry of Health, 22-24 Dhu’l-Hijjah 1415 AH/22-24 May 1995:
“Istihaalah (process of transformation) means that the substance has turned into a different substance with different characteristics; this process turns an impure (najis) substance or a substance that is contaminated with impurity into a pure (taahir) substance, and turns a haraam substance into a halaal one.
Based on that, gelatin that is produced from the istihaalah of bones, skin and sinews of impure (najis) animals is pure (taahir) and it is permissible to eat it.”
4.If we assume that the haraam gelatin has remained as is, and is of a large quantity that has not been fully absorbed into the medicine, then it is not permissible to treat sickness with it or to prescribe it to the patient except in the case of extreme necessity, which is when there is no other medicine available.
Al-‘Izz ibn ‘Abd as-Salaam said:
“It is permissible to treat sickness with impure substances (najaasaat) if there is no pure (taahir) substance that could be used instead, because the interests of well-being and good health are more important than the interest of avoiding impurity.“[Qawaa‘id al-Ahkaam (1/95)]”
(Islamqa Fatwa # 289422)
Bottom line:
If the gelatin is from animals we’re allowed to eat, like cows, chickens etc then we can eat the gelatin too, even if they were not slaughtered properly.
As for gelatin from pigs, according to the opinion of Shaikh Bazmool, you may eat it.
But if you want to follow the safer opinion, then it’s best to avoid it. But you may consume it, in cases of necessity (esp if there’s no other alternative available like in case of some medicines etc.).
And Allaah Knows Best
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