4001 Principles

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Basic

principles in shariah law


and the concept of Halalan
thayyiban
Explain the basic
principles of shariah
law with regard to food
Learning
outcomes
Highlight importance
of Halalan Thoyyiban
• Guidelines and standards
• Journals
• Halal Industry Development Corporation
• Halal Products Research Institute, UPM
A subject • Internet, news
matter so • Quran, hadith, fatwa, religious scholars
unique on its • Personal communication
own
Islam and shariah

Worship and Marriage and Commercial Criminal law


rituals family law transaction law
PRINCIPLES OF HALAL AND HARAM IN ISLAM
1. The basic principle refers to the permissibility of things
2. To make lawful and to prohibit is the right of Allah alone
3. Prohibiting the halal and permitting the haram is similar to committing shirk
4. The prohibition of things is due to their impurity and harmfulness
5. What is halal is sufficient while what is haram is superfluous
6. Whatever is conducive to the haram is itself haram
7. Falsely representingthe haram as halal is prohibited
8. Good intentions do not make the haram acceptable
9. Doubtful things are to be avoided
10. The haram is prohibited to everyone alike
11. Necessity dictates exceptions
#1: The basic principle refers to the permissibility
of things

Nothing is haram except what is


prohibited by a sound and explicit
nas (either a verse of the Qur’an or
a clear, authentic, and explicit
practice or saying, i.e., Sunnah of
Prophet Muhammad).
#2: To make lawful and to prohibit is the right of
Allah alone
No human being, regardless of
their religious or worldly
position, no matter how pious
or powerful, have the right to
prohibit something permanently
to Allah’s servants
If someone does this, he has
certainly exceeded his limits,
taking the sovereignty (power)
which, with respect to
legislating for the people,
belongs to Allah
#3: Prohibiting the halal and permitting the haram
is similar to committing shirk

When a person declares things to


be prohibited without His
authority, it is considered as a
serious matter because he
prohibiting things that are related
to fundamentals and general
principles of faith.
#4: The prohibition of things is due to their
impurity and harmfulness

If something is entirely As His creature, we have neither the


harmful it is haram, and if it right to question nor to disobey
is entirely beneficial it is
halal; if the harm of it Him. But Allah is not arbitrary in
outweighs its benefit, then it what He commands, because Allah
is haram, while if its benefit is merciful to His servants, He
outweighs its harm then it is makes things halal and haram for
halal
a reason – impure or harmful
Prohibition rationale
Kuhns et al., 2007
#5: What is halal is sufficient while what is haram
is superfluous (unnecessary)
#6: Whatever is conducive to the haram is itself
haram

If something is
prohibited, anything
which leads to it is
likewise prohibited

Growing grapes for


... wine
#7: Falsely representing the haram as halal is
prohibited
It is unlawful to make flimsy
excuses or to consume something Obscene dance
that is prohibited such as drinking
alcohol (khamr) supposedly for
medical reasons.
ART
Calling a haram thing by a name
other than its own or changing its
form while retaining its essence
#8: Good intentions do not make the haram
acceptable
Example:
The Prophet (pbuh) said, If someone accumulates wealth through
“Actions will be judged by usury, forgery, gambling, or in any other
intentions, and everyone haram manner in order to build a mosque,
will be recompensed establish a charitable foundation, or to do
according to what he any other good work, the guilt of having
intended.” (Reported by al-
done what is haram will not be lifted from
Bukhari.)
him because of the goodness of his
objective
#9: Doubtful things are to be avoided

One may do what is lawful and One who avoids them in order to
must avoid what is prohibited in so safeguard his religion and his honor
far as he has the choice. However, is safe, while if someone engages in a
there is a gray area between the part of them he may be doing
clearly halal and the clearly haram. something haram….”
This area is considered as doubtful
or "syubhah" or religiously unclear. (Reported by AlBukhari and Muslim)

o Rennet, enzymes, emulsifiers


#10: The haram is prohibited to everyone alike

Applies not only among Muslims


+ non-Muslims

Arabs vs Asians?
#11: Necessity dictates exceptions

It permits the Muslim, “He has only forbidden to you dead animals,
under the compulsion of blood, the flesh of swine, and that which has been
necessity to eat a dedicated to other than Allah. But whoever is
prohibited food in forced [by necessity], neither desiring [it] nor
quantities sufficient to transgressing [its limit], there is no sin upon him.
remove the necessity and Indeed, Allah is Forgiving and Merciful.”
save himself from death
(Al Baqarah - 2:173)

This is repeated at four places in the Qur’an


after each mention of the prohibited foods.
Safety & Quality
Traceability
Animal welfare
Objectives of shariah:
Protection
Summary
• ...
References
• Hasan, A. (2009). Shariah Principles in Halal Products. A paper
presented at the International Symposium on Halal Science and
Management, organized by UPM 21-22 Dec 2009, Selangor, Malaysia.
• http://www.suhaibwebb.com/islam-studies/the-islamic-principles-
pertaining-to-halal-and-haram-by-shaykh-yusuf-al-qaradawi/
• The Islamic principles pertaining to halal and haram by Shaykh
Yusuf al-Qaradawi (by Suhaib Webb April 20, 2009) in
https://www.virtualmosque.com/islam-studies/the-islamic-
principles-pertaining-to-halal-and-haram-by-shaykh-yusuf-al-
qaradawi/
• http://www.hdcglobal.com/publisher/bdh_halalan_toyyiban

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