Chapter 6

APPLICATION OF ISLAMIC LEGAL MAXIMS IN FOOD

MANUFACTURING
The Definition The Different Classifications Of Al-Qawa'id
Summary of Legal Maxim: Al-Fighiyyah
1) The general rules of Figh, which can be applied in various
issues of figh.
The major maxims : 5 major maxims
2) Used as principles to deduce many rules of Figh. Therefore
The minor maxims :
they have a great role in the formation of Islamic Law.
- The extension maxims from the major maxims.
3) They are general rules which were derived from various
- The maxims that are not related to the major maxims.
sources of Islamic Law.

Sources of Islamic Legal Maxims/Qawaid
Fighiyyah.
-> Islamic Legal Maxims which includes the definition of legal
maxim, historical development of legal maxim, origin of legal
maxim, categories of legal maxim.
-> 5 maxims are as Follows:
Matters are determined according to the intention, Hardship
begets facility, Certainty is not dispelled by doubt, injury must
be removed and finally Custom is authoritative.
Five Major Principles of Islamic Legal Maxims
1) THE FIRST PRINCIPLE: MATTERS ARE TO BE CONSIDERED IN
LIGHT OF THEIR OBJECTIVES
2) THE SECOND PRINCIPLE: HARDSHIP BEGETS FACILITY
3) THE THIRD PRINCIPLE: HARM MUST BE ELIMINATED
4) THE FOURTH PRINCIPLE: CERTAINTY IS NOT OVERRULED
BY DOUBT
5) THE FIFTH PRINCIPLE: CUSTOM IS THE BASIS OF
JUDGEMENT
 Chapter 6
APPLICATION OF ISLAMIC LEGAL MAXIMS IN FOOD
MANUFACTURING
Application of Islamic Legal Maxims In Food Istihalah (transformation from haram to mubah)
There are two opinions:
Manufacturing First opinion suggested that application of Istihalah can be applied into various
situations as agreed by Hanafi, Maliki, In al-'Arabi, Ibn Taimiyyah, In al-Qayyim, al-
Ruling on the Use of Cochineal coloring
Syawkani and Ibn Hazm al-Zahiri school of thoughts. They widely applied Istihalah
Cochineal is a type of insect (female bug), that is harmless and any
method in natural and synthetics transformation (In Taymiyyah, 2005).As an
colouring substance produced from it can be used by human beings. example, the fermentation of wine to vinegar is considered halal whether it
the Discourse agrees to decide that any use of cochineal colouring in undergoes natural or synthetic process.
food, drinks and goods is permissible and the amount allowed for On the other hand, the Syafli and Hanbali school of thoughts tended to limit the
usage must be in accordance with the guidelines provided by the application of Istihalah in certain issues only.They only accepted natural process of
Ministry of Health Malaysia. transformation without any intervention of synthetic process. i.e. natural
transformation of wine to vinegar

Application of Islamic Legal Maxims In Food

Manufacturing
Alcohol As Soft Drink Stabilizer
The Committee has decided that cordial containing
flavour that has alcohol substance in it as stabilizer is
lawful for the drinking purpose, if:
-> The alcohol is not produced from liquor production
-> The quantity of alcohol is minimal and it is not intoxicated
 Chapter 6
APPLICATION OF ISLAMIC LEGAL MAXIMS IN FOOD
MANUFACTURING
Issues on Genetically Modified Food (GMF)
What is GMF :
GMF is produced by transferring genes in the DNA of a plant or animal to the
DNA of another species.
Deoxyribonucleic acid (DNA) is a blueprint of genetic substance that is
inherited in plant, human and animal.
The complete set of genetic information and instructions is needed for
organism to grow, function, maintain life and reproduce.
Such info is coded along segments of the DNA called genes, determine all
characteristics of a living being.

Issues on Genetically Modified Food (GMF)

Types of food involved :
GMF applied to the food to improve their qualities.
Food produced by using GMF: tomatoes, soya bean, potatoes, corn and diary
products
GMF as the ingredients in other food products: soya sauce, tomato sauce,
sardines, butter, milk, biscuits, bread, vitamin pills, instant noodles, etc.
Case I: A gene in the flounder that enables it to resist cold waters "cut out"
and "pasted" it in tomato. The GM tomato is thus able to withstand frosts and
thereby have a longer growing season.
Case 2: pig genes transferred to cow's DNA to produce a desire quality like
more meat and milk.
 Chapter 6
APPLICATION OF ISLAMIC LEGAL MAXIMS IN FOOD
MANUFACTURING
Issues on Genetically Modified Food (GMF) Issues on Genetically Modified Food (GMF)
Status of GM Food : GMF : For Constructive Goal
The Islamic perspective on GMF is complex and goes deeper than if one were to take the position that genetic modification is conducted
simply a determination of whether a certain food is halal or not. to reduce reliance on pesticides and herbicides, which pollute the
It is clear (haram) if GM Foods contain the genes of pigs, dog or animals environment, or feed the hungry, which is a an action benefiting the
that are not slaughtered according to Islamic method. welfare of the public, then genetic modification is arguably justifiable
under Islamic law.