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Review Article Lawful and Unlawful Foods in Islamic Law Focus on Islamic Medical and Ethical Aspects

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Review Article Lawful and Unlawful Foods in Islamic Law Focus on Islamic Medical and Ethical Aspects International Food Research Journal 16: 469-478 (2009) Review Article Lawful and unlawful foods in Islamic law focus on Islamic medical and ethical aspects Nurdeng, D. Department of Government and Civilisation Studies, Faculty of Human Ecology, Universiti Putra Malaysia43400 UPM Serdang, Selangor, Malaysia Abstract: In this paper, attempts will be made to study and understand the lawful and unlawful foods in the light of Islamic Medical law focus on ethical aspect that has been practiced during Islamic civilization. We will realize that lawful and unlawful foods are not, as some imagine, mere pretense, but rather constitute the divine command which protects against many diseases. In order to present such a law, the jurists of Islam needed great acuteness and power of reflection to make them understand the matters relating to lawful and unlawful foods in Islam. To attempt to follow these jurists, in their treatment, of the different school of thoughts (madhahib) would take us far beyond the limits of this research. Thus, we will rather confine ourselves to those laws which are clearly stated in the Qur’an and tradition (hadith), as well as a few of the most important issues dealt with in the different school of thoughts (madhahib). Keywords: lawful and unlawful food in Islam, Islamic law, preservation of health, Islamic medical ethics Introduction Qur’an or the tradition of the Prophet Muhammad (s.a.w). The Prophet Muhammad (s.a.w) says: Food is one of the basic needs for survival and good health. As such, any debate on food is bound Both legal and illegal things are evident to attract interest and attention. Muslims stress on but in between them there are doubtful the importance of the permissibility of the food to be (unclear) things, and most of the people consumed. It is an admitted fact that foods have been have no knowledge about them. So whoever saves himself from these doubtful things, he made for the benefit of man and can be utilized by saves his religion and his honor, but he who him, although at certain things, human does not know falls into doubtful matters fall into that which their significant. Imam al-Suyuti, in his al-Ashbah is unlawful, like the shepherd who pastures wa al-Naza’ir, said: “al-asl fi al-ashya’ al-ibahah around a sanctuary, all but grazing therein. (basically things are allowed for everyone).” (Al- Truly every kind has a sanctuary, and truly Suyuti, n.d, 133; Al-Shafi‘i, n.d, 2: 245). This implies Allah (s.w.t)’s sanctuary is His prohibitions. that nothing is unlawful unless specifically prohibited (Al-Bukhari, 1979, Kitab al-Buyu‘, Bab al- by the Qur’an or the tradition (hadith) through a Halal Baina al-Haram Bayyin; Al-Bukhari, clear and explicit text (nass). In other words, if the Kitab al-Iman, Bab fadl man istabra’a text (nass) is not sound, for example as in the case lidinihi). of a weak tradition (hadith), or if it is not explicit in stating the prohibition, the original principle of The Islamic law (Shari‘ah) constructs human permissibility applies. From this general rule, foods life on the basis of virtues (ma‘rufat) and to cleanse are considered to be permissible (halal) unless they human life of vices (munkarat). Virtues (ma`rufat) are specified or their prohibitions stated clearly in the denotes all the virtues and good qualities that have Corresponding author. Email: : [email protected] © All Rights Reserved 470 Nurdeng, D. always been accepted as “good” by the human (Al-Marghinani, 1991, 4: 68). conscience. Conversely, vices (munkarat) denote all This tendency has developed particularly in the sins and evils that have always been condemned modern times, after the jurists and medical doctors by human nature as “evil.” Hence, it is not surprising have approved that things are prohibited only because that Islamic law occupies a very significant role in they are harmful to human beings. On the other hand, preservation of health. things are allowed by Islamic law because they are Since this paper deals with lawful and unlawful good (tayyib). Allah (s.a.w) says: foods in the light of Islamic law focus on Islamic medical and ethical aspect that has been practiced O you who believe! forbid not during Islamic civilization, it is necessary to give (yourselves) the good things which Allah the meaning of Islamic law (shari‘ah) and its hath made lawful for you and transgress not. fundamental objective. The term Shari‘ah derives Surely Allah loveth not the transgressors. (Al-Ma’idah (5):87). from the Arabic word sha-ra-‘a: meaning the clear path, highway or the road to a watering place. (Ibn O you who believe! Eat of the good Manzur, n.d, 4: 2238-41, s.v. “shara`a.”). This is the things wherewith We have supplied you, and path, which believers must follow. Allah (s.w.t) says: render thanks to Allah if you are (indeed) “Then we (Allah (s.w.t) gave them a Shari‘ah (a path His worshippers. (Al-Baqarah (2):172). to be followed) in life: follow it, and not the wishes of those who have no knowledge.” (Al-Jathiyah (45): He again declares: 18). In this respect, the technical meaning of Shari‘ah Say: Who hath forbidden the beautiful is defined, in the Kashshaf Istilahat al-Funun, as (gifts) of Allah, which He hath produced for follows: His servants, and the things, clean and pure, Shari‘ah means the commands given by Allah to (which He has provided) for sustenance? His servants, which has been brought by any of the say they are, in the life of this world, for those who believe, (and) purely for them on prophets. Whether relating to the manner of action the Day of judgment. Thus do We explain (kayfiyyah al-‘amal) known as subsidiary and applied the Signs in detail for those who understand. law (far‘iyyah wa ‘amaliyyah) of which the science Say: The things that my Lord has indeed of Fiqh was developed; or relating to the manner of forbidden are: Shameful deeds, whether belief (kayfiyyah al-‘itiqad), known as the essentials open or secret; sins and trespasses against and dogma (asliyyah wa ‘itiqadiyyah) for which the truth or reason; assigning of partners to science of kalam was developed. (al-Tahanawi, 1988, Allah for which He has given no authority; 2: 500, s.v. al-Shar`). and saying things about Allah of which you The above meaning of shari‘ah shows that the have no knowledge. (Al-‘Araf (7):32-33). objective of Islamic law is not only contribute in the growth of a civilization, but also, it has its place in the It would be interesting to clarify that the word “preservation of health”, to safeguard human beings al-tayyibat, which is derived from taba, means good, from spiritual and physical afflictions. The various pleasant, delightful, delicious, sweet, pure and clean. rules and injunctions of the Islamic law (shari‘ah), (Al-Ghazali, n.d, 2: 655 and 820; Ibn Manzur, n.d such as prayer (salah), poor-due (zakah), fasting , 4: 2731-4; Toshihito Izutsu, 1966, 235.). Impure (sawm), pilgrimage (hajj), ritual cleanliness, sex and or unclean things should therefore not be eaten. In work habits, the organization of the environment, Islamic medical law context, al-tayyibat things are and foods and drinks, can be viewed as a form of not only good, pleasant, delightful, delicious or sweet preventive medicine. (al-Nasimi, 1991; Vardit but also healthy and beneficent to our body, and what Rispler-Chaim, 1993; Fazlur Rahman, 1989). is good for our body is also good for our mind and spirit. As noted earlier that the effects of consuming The reasons of prohibition of unlawful food the prohibited foods and drinks are not only being Before embarking upon the kinds of prohibited injurious to one’s physical health but also affect the foods, the reasons for prohibition must be clarified. character and spiritual faculties of man. It may also We cannot fully give all reasons here, but we can be kept in mind that the consumption of prohibited merely mention that there has always existed a food is amongst the chief causes, which lead a man tendency to interpret the prohibited foods in a rational to corrupt deeds. Control over food enables man and medical way. Al-Marghinani, in his al-Hidayah, to promote virtues. Al-Ghazali (d. 504/1111) says points out that the aim of the prohibition is to preserve that the Creator asks all the creatures to follow His the nobility of the human body by preventing its command and eat what is pure, clean, wholesome, being disgraced through engaging in prohibited food. nourishing and pleasing to the taste. All these qualities International Food Research Journal 16: 469-478 Lawful and unlawful foods in Islamic law focus on Islamic medical and ethical aspects 471 are beautifully summed up in the word ‘Tayyib’. (Al- swine, and that over which is invoked the Ghazali, n.d, 2: 654-5 and 660; al-Shafi`i, n.d, 2: name of other than Allah, and the strangled, 244-5). and the dead through beating, and the dead In addition to the aforesaid, it is important to state through falling from a height, and that which here that one of the beauties of Islamic law is that it has been killed by (the goring of) horns, and the devoured of wild beasts, unless you have has prohibited only such things that are unnecessary cleansed (by slaughtering) it in the proper, and dispensable, while providing alternatives which lawful way, while yet there is life in it, and are better and which give greater ease and comfort to that which has been immolated unto idols.
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