Modern mass production and the internationalization of the food and pharmaceutical industries mean that gelatin has become an essential ingredient in many different kinds of daily consumer products. Gelatin is a substance used to gel, stabilize, and bind many products including pharmaceutical capsules and cosmetics. It has therefore become an extremely significant ingredient in a variety of dairy products, candy, and baked goods. This reality creates an urgent need for Islamic jurisprudence (fiqh) to be present regarding these products and to provide clear, concise, and science-based proof about the consumable status of gelatin under Sharia law.
Additionally, using modern food science, and classical Islamic law as a framework, Sharia principles must be applied dynamically to find a balance between the principles of Taysir (ease) and the spiritual principle of Wara' (pious caution), and between the principle of avoiding Shubahat (things/questions that have a level of doubt).
The question of whether gelatin is considered Halal (permissible) or Haram (prohibited) within Islam is an ongoing complex legal debate. The legal status of gelatin consumption across the four Sunni schools of thought, Hanafi, Shafi'i, Maliki, and Hanbali, can be demonstrated through the biological and chemical characteristics of gelatin and the jurisprudential theory of Istihalah (chemical change), as well as from the sources of raw materials used in making gelatin, and through rulings by contemporary global jurists. This examination will assist in providing a better understanding of Islamic dietary law with respect to present-day gelatin, through examining how those same products are represented today through all four Sunni schools of thought.
Defining Gelatin: Food Science vs. Classical Fiqh Principles
Before being able to properly assign an appropriate Islamic ruling for any material, it’s necessary to first establish the true form of that material. Gelatin is a hydrolyzed protein that is derived from native collagen, which is the primary structural protein for all vertebrates’ (cattle, pigs, poultry and fish) skins, bones and connective tissues.
This dense molecule contains a high number of cyclic amino acids (proline and hydroxyproline) as they exist as triple helical structures, which makes native tropocollagen very difficult to dissolve or hydrolyze in water on its own. Therefore, prior to producing gelatin that is useful for food purposes, native collagen must undergo numerous steps in its pretreatment and extraction processes prior to its conversion into useful products such as gelatin.
Industrial production processes are based upon specific extraction processes that are tailored for specific types of raw materials. The most common type of extraction utilized to produce Type A gelatin is the acid process that uses porcine (swine) skin raw materials. To convert these raw materials into Type A gelatin, they are treated with a weak acid for 30 hours to swell and partially hydrolyze the collagen in the porcine skin so it can be extracted using multi-phase hot water extraction. The temperature of the hot water extraction during the acid process varies between 40°C and 80°C. On the other hand, the most common type of extraction method used to produce Type B gelatin is the alkaline process that utilizes bovine (cattle) hides and bones as a source of raw material. To convert these raw materials into Type B gelatin, the raw materials are treated with an alkali element, usually lime, for a period of several weeks to degrade non-collagenous proteins and break specific chemical cross-links before extraction of Type B gelatin using hot water extraction occurs.
Classical Islamic scholars classified animal-derived products based on three criteria: the type of the animal; how it died; and what was done to it after it died. The basis for determining whether food may be consumed according to Islamic law, or Shari'ah, is the principle Al-Asl fi al-Ashya al-Ibahah. This means that foods and other products are permissible (halal) unless there is:
1) a prohibition of their consumption in the Quran or Sunnah
2) the animal is inherently unclean, like the pig, which has been specifically prohibited in the Quran.
3) Although there may be two permissibly-slaughtered animals (e.g. cow and sheep) on the same farm, under Islamic law an animal would ordinarily become impermissible (haram) if it were not slaughtered in accordance with Islamic slaughtering methods (zabiha or dhabihah). For this reason, there is an important question of whether or not gelatin should be considered halal or haram depending on its source. Was the gelatin made from the bones of Islamic slaughtered (halal) animals, or did it originate from haram sources, such as bones of carcasses of unslaughtered animals which were not Islamically slaughtered?
The Concept of Istihalah (Chemical Transformation) and the Great Debate
Islamic law allows a substance to be pure (Tahir) and permissible after it comes from a nondescript, impure (Najis) source through Istihalah. Istihalah refers to a complete and irreversible transformation of a Najis or impermissible material into a totally different material, which changes all of its name, physical characteristics, and chemical qualities. There is much controversy over the application of this principle in the extraction of gelatin from non-permitted sources by contemporary scholars and most classical Sunni schools.
The Hanafi, majority opinions of the Maliki, and some major scholars of the Hanbali like Ibn Taymiyyah and Ibn al-Qayyim, permit Istihalah in a broader and more lenient manner than other schools. They contend that, when an impure material has been transformed (fully or partially), the new material is judged by its current form (as opposed to its previous form). They cite examples of this rule from the classics—i.e., wine turning into vinegar naturally, or a pig rotting in a salt barrel and converting entirely into salt. These scholars’ arguments today hold that because gelatin undergoes such extensive processing in modern industry (including lengthy acid or alkaline baths, prolonged thermal extraction, and multiple phases of filtration), the collagen has been completely converted into a new protein with a different set of physical and chemical properties. Therefore, this group of scholars concludes that gelatin satisfies the definition of complete Istihalah, which purifies it regardless of the source of the original gelatin—to wit, pigskin or
non-slaughtered bovine bones.
The Shafi'i school and the primary view of the Hanbali school consider that Istihalah is strictly interpreted. The scholars of those schools emphasise that the transformation (Istihalah) is generally limited to types of transformations that occur naturally or by happenstance without human involvement and that are expressly identified in primary texts like tanning of animal skins and naturally evolving (through fermentation) from wine to vinegar. They do not apply an analogy for extension of Istihalah to processes that occur as a result of man-made means and methods or those involving synthetic or manufactured items. Scientifically, those who hold this strict perspective today also argue that the hydrolysis process that converts the collagen (from pig skin) into gelatin is significantly incomplete; therefore, the change that occurs through hydrolysis is too insignificant to be considered a chemical change because the amino acid sequence of gelatin is virtually identical to that of the original tropocollagen molecule from the pig or animal that has not been slaughtered; thus, the hydrolysis of collagen breaks the helical bonds that hold the collagen together thereby uncoiling the protein, but does not create a new molecule. Since the hydrolysis of collagen from pig skin is simply a process of separation (i.e. Physical Separation/Filtration of the nativity) or filtration, if the original source of the gelatin/gelatinous product from which the gelatin was derived is considered haram (unlawful), then the final product (gelatin) where the original source is haram is also haram.
Sourcing Gelatin: Plant, Marine, Bovine, and Porcine Derivatives
Gelatin's legal classification as Halal varies greatly among Muslim majority countries due to significant differences between areas with different ways of processing gelatin. The majority of Muslims around the world are reliant on supply chain transparency when determining whether or not to consume gelatin products.
The practical difficulties faced by Muslims in Western, predominantly non-Muslim countries are compounded by the fact that most commercial gelatin which is used in everyday foods and pharmaceuticals is derived from pigs. When Muslims see Kosher certification on a product that does not have any pork content, they still must proceed with caution. Kosher beef gelatin, for example, may not meet Zabiha requirements even though both methods of slaughtering (Kosher & Zabiha) are similar; therefore, Halal certifying organizations must identify the significant technical differences between these two certifications in order for a Muslim consumer to feel confident in what they are consuming. This is why the overarching principle of Shubahat (avoiding doubtful matters) drives many Muslim consumers to seek Halal certified beef gelatin, fish gelatin, or plant-based alternatives.
Resolutions of Global Jurisprudential Councils and Food Authorities
Many major global Islamic organizations and regulatory bodies came together to issue a series of formal resolutions, called 'fatwas', which clarify how to deal with the complexities of the production and certification of industrial gelatine. Every fatwa is a great example of the ongoing conflict between facilitating everyday life for Muslim communities and not violating the prohibitions in the Qur'an.
The IOMS and the IIFA have done a significant amount of deliberation surrounding food additives and the principles governing Istihalah. In an important seminar in Kuwait during 1995, the IOMS released a recommendation that acknowledged that the principles of Istihalah would purify substances, claiming that the process of creating gelatin chemically changes the original source (impure) by the way that it is produced. However, the IIFA initially held off on ratifying this view on gelatin while conducting further research on the chemical and biological characteristics of gelatin. The IIFA subsequently established a bifocal approach towards its position by agreeing to prohibit the use of pig-derived gelatin as a regular food item. Conversely, recognizing the legal principle of necessity (Darurah), the IIFA did permit the use of pig-derived gelatin in situations where a Halal alternative does not exist in essential medicines and pharmaceuticals. The IIFA is actively working with governments to encourage them to use Halal certified bones and skins from Islamically slaughtered livestock, thereby avoiding any suspicion of the presence of Haram material in any item that is produced.
Muslim consumers generally have a strong objection to the use of gelatin in food products and to the use of porcine gelatine in particular. The MWL has issued a clear statement stating the prohibition against the usage of gelatine from any type of pig or the skin and bones of an animal, that is not considered to have been slaughtered according to the Sunnah (permitted method) of slaughtering animals as stated by the MWL.
Moreover, since there is a very large supply of gelatine from vegetable sources (starches), marine sources (fish), and sufficiently slaughtered livestock available, it is impossible to claim that there is some form of necessity as reason to justify the incorporation of porcine products (gelatine derived from pigs) in food.
Likewise, scholars of the Academy of Islamic Research at Al Azhar have undertaken extensive studies into the bioethics surrounding animal by-products. While some contemporary fatwas issued by Al Azhar institutions consider the current scientific view regarding whether collagen transforms into gelatin entirely, they generally take a prohibitive view of porcine gelatin for all uses as long as the chemical change does not completely warp the original chemical characteristics of a prohibited substance.
In contrast to the strict rulings of MWL and Al-Azhar, the European Council for Fatwa and Research (ECFR), which addresses the specific legal needs of the Muslim community living in the West, relies on the more flexible interpretations of Hanafi and Maliki. The ECFR has ruled that animal gelatin, including that from pigs, has undergone enough chemical change (Istihalah) to be considered legally clean and can be eaten. This fatwa bases its findings on the scientific fact that when collagen is broken down into gelatin, it represents a permanent change. Thus, for ECFR, this ruling provides a great amount of facilitation (Taysir) for European Muslims in a marketplace that is full of hidden pork products found in everyday food items (such as bread and yogurt) and in many medications.
While the region's councils (including the Iranian Council of Fatwas) have generally permitted some form of istihalah, manufacturers and suppliers in the Halal food industry continue to deal with the uncertainty created by fragmented and often inconsistent policies regarding sourcing materials and preparation of Halal food. As a result, the supply chain for Halal products relies heavily on traceable sources (and traceability) to provide end-users (consumers) with absolute assurance that they can confidently eat Halal.
The creation of fresh standards (e.g., SMIIC Standards) by international regulating organisations (ISO, CEN, etc.) (in part supporting manufactured food) are solidified and implemented; this has allowed Halal consumer product suppliers, who previously had little access to mainstream markets, to be considered "mainstream" as a result of ISO-backed certifications of the associated Halal manufacturing.
Conclusion
The analysis of gelatin usage under Islamic law illustrates the many ways that Islamic law has changed, the many different perspectives within Islam today, and how Islamic law has been determined through both the rational and the empirical process in a rigorous way. In today's discussion regarding gelatin use within the Islamic community, the issue revolves around whether the chemical process of gelatin production, which is uncoiling or breaking down of collagen protein to create a gelatinous material, meets the definition of Istihalah (the definition of "pure" or "haram"), as laid out in Islamic jurisprudence. The two main perspectives on this issue come from the Hanafi and Maliki schools of Islam, which use the concept of "purity of transformation" to establish the purification process for all Muslims, so that they may use gelatin without guilt; whereas the Shafi'i and Hanbali schools of Islam hold that the fundamental physical makeup of the gelatin remains unchanged, thereby making porcine and unslaughtered derivatives of gelatin unacceptable to them. At the end of the day, there is a worldwide consensus among global standard-developing organisations; state governing bodies; and major educational associations (e.g., Muslims World League; International Islamic Fiqh Academy) with respect to a high level of care to be taken when it comes to food consumption. More specifically, the use of porcine gelatin is not allowed, and the use of ethical (halal) alternatives will instead encourage ethical use of bovine, marine and vegetable products. Moreover, this framework will ensure that traditional methods of interpretation of scholars are taken into account as well as provide a modern global Muslim consumer with a safe, usable and appropriately regulated frame to work from. Finally, the methodology being developed would enable a greater quantity of industrially produced halal products as well as meet the accountability associated with the spiritual mandate of not engaging in doubtful activities.
