Islamic jurisprudence, also known as Fiqh, is the human understanding and practice of Sharia, or Islamic law. It covers a comprehensive system of law that governs not just religious rituals but aspects of day-to-day life in Islam.
Other than the Quran and Hadith as primary sources, Fiqh is also derived from:
Khilaf (خلاف): This term refers to a difference of opinion among scholars on various issues in Islamic law. It acknowledges that scholars may have differing views based on their interpretation of the Quran, Hadith, and other sources of Islamic law. Halal rules in this situation may vary to a certain degree depending on society and culture, but they follow the same doctrine. One example is Carmine, derived from insects, sparking different views among scholars.
Ijma' (إجماع): This term signifies consensus among the Islamic scholars on a particular issue. It is considered one of the primary sources of Islamic jurisprudence, alongside the Quran and Hadith. When scholars reach a consensus on a matter, it is generally considered a binding decision. Prohibiting pork and its by-products is an example of Ijma'.
Fatwa (فتوى): A fatwa is a formal ruling or interpretation on the point of Islamic law given by a qualified legal scholar, known as a mufti. Individuals or communities usually seek fatwas to address specific issues and provide guidance on acting according to Islamic principles. In many Islamic countries, the National Religious Body is responsible for discussing before a fatwa is issued to the public. Hence, any issue or challenge in the food industry can be resolved. One of the famous fatwas is the definition of alcohol, those that are intoxicated versus the one that is approved.
Qiyas قياس: Analogical reasoning, where new rulings are deduced based on the principles established by the Quran and Sunnah. One of the prominent Qiyas rulings in the halal industry involves the analogy related to the use of gelatin. Originally derived from pork, traditional gelatin is considered haram (forbidden). However, using Qiyas, scholars deduced that gelatin made from halal animals (those permissible to eat in Islam, such as cattle or fish) could be considered halal if the source and processing methods comply with Islamic dietary laws.
Maqasid al-Shariah مقاصد الشريعة, or the objectives of Islamic law, aim to ensure the welfare and well-being of humanity through five essential goals:
Protection of Religion
Protection of Life (Preservation of Life)
Protection of Mind
Protection of Progeny
Protection of Wealth
These objectives work together to create a just, balanced, and harmonious society where individuals can lead fulfilling lives by Islamic principles. Read more on Maqasid Shariah, an article by HiQ Columnist, and readers can understand the relevance to Halal.