{"title":"The Principle of Original Cleanliness (Taharah)","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0006","url":null,"abstract":"Original Cleanliness (taharah) is a supportive principle to that of original permissibility, and what it says is that all things are clean and nothing is unclean in the state of nature. Life itself is the origin of cleanliness, and this includes even pigs and dogs, although this is not without some disagreement. But only some animals are clean for human consumption, according to the rules of ritual slaughter. Juridically, taharah means cleanliness from impurity and filth in both the physical and nonphysical senses. Both of these can be temporary or permanent. Taharah is inclusive of both the religious and temporal dimensions of cleanliness.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123389880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Perishment, Extreme Dilution (Istihlak)","authors":"M. Kamali","doi":"10.1093/oso/9780197538616.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0009","url":null,"abstract":"This chapter supplements the preceding one on istihalah. Istihlak (perishment, or extreme dilution) happens when a forbidden food or drink is diluted to such an extent that it is no longer forbidden. For instance, when a drop of blood, or of poison, is diluted in a very larger quantity of water, this will not pollute the water or make it forbidden for consumption. Whereas istihalah is concerned with internal chemical changes in haram substances such that no trace of the latter remains, istihlak is primarily concerned with the mixing of quantities such that it reduces the smaller quantity into total insignificance.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133821101","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Haram, Permanence, and Change","authors":"M. Kamali","doi":"10.1093/oso/9780197538616.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0008","url":null,"abstract":"The principle of istihalah in shariah is concerned with substance transformation, either naturally or through chemical and other forms of intervention. When a forbidden substance is transformed such that it is no longer the same, then so are the rules of shariah concerning it. Thus, when alcohol turns into vinegar through exposure to open air or other chemical processes, istihalah will apply. Istihalah may be characterized as a nonreversible change of a substance to a different substance with differences in taste, color, and odor. The changes that so occur include a change of salient properties and the transformation of impure materials into pure ones. Istihalah can thus be understood as a complete physical and chemical transformation of one substance into another substance.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115454794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Halal in Indonesia, New Zealand, and Japan","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0024","url":null,"abstract":"As the title specifies, this chapter reviews halal-related developments in a select number of countries, including Indonesia, New Zealand, and Japan. Rising wages and younger, expanding populations in these countries are among the main drivers of growth. With nearly 88 percent of its 265 million population being Muslim, Indonesia has been advancing its halal agenda in a holistic manner and has passed laws make halal certification a mandatory requirement. New Zealand’s Trade and Enterprise Department is working with local companies in New Zealand to build halal compliance into the business models of those companies, especially the new ones. Japan is wooing record numbers of Muslim travelers to visit the country.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125180926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of Custom (‘Urf)","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0015","url":null,"abstract":"A great number of the shariah rules on halal and haram in foodstuffs relate to the customary practices (‘urf) of people in different regions and continents. The rules of fiqh have often adopted the customary preferences of people that did not violate any of the basic principles of Islam. This chapter examines general custom (‘urf, ‘adah), which is a recognized source of law and judgment in Islamic jurisprudence. It is defined as “recurrent practices that are acceptable to people of sound nature.” Custom represents the people’s convenience, but it is rejected if it is in conflict with a clear injunction of shariah.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"184 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124663182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Meat, Poultry, Seafood, and Dairy Products","authors":"M. Kamali","doi":"10.1093/oso/9780197538616.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0016","url":null,"abstract":"The rules of fiqh only partially name animals, birds, and insects that are lawful for consumption, but they also enact a set of general rules that can assist in the determination of their legal position in doubtful situations. This chapter explains these rules. Generally, all wild animals that do not have canine teeth are halal for slaughter and consumption, and all schools of Islamic law, including the Ja‘fari Shia, are in agreement on this. Excluded from the halal category are beasts of prey having canine teeth, claws, and fangs, as they feed on meat, including carrion. The chapter also discusses Qur’anic references to cattle (al-an‘am) and their permissibility for human benefit and consumption.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128514756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Prohibited (Haram)","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0007","url":null,"abstract":"Almost every aspect of halal is essentially concerned with what is the opposite of halal, namely the haram. Hence, haram is treated in considerable depth and in several sections that deal with the types and grounds of haram, such as manifest harm, filth, intoxication, and unlawful acquisition. Haram may be defined as “all that which the Lawgiver (al-shariʿ) has prohibited in definitive terms, and its perpetrator is liable to a punishment in this world or the Hereafter.” It is thus a binding demand from the Lawgiver in respect of abandoning something, and it is conveyed in a variety of linguistic expressions, as the chapter elaborates.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121805946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Principle of Original Permissibility (Ibahah)","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0003","url":null,"abstract":"This chapter provides a concise presentation of one of the basic shariah principles, permissibility (ibahah), which maintains that everything is permissible unless it has been clearly declared as prohibited. The norm of shariah with regard to food and beverage, the choice of clothes one wears, and the sale and purchase of all these as well as conclusion of other contractual transactions over them is that they are all permissible based on this principle. Permissibility thus become a normative presumption of shariah, which means that no other proof is needed for one to enjoy the victuals, beverages, and other comforts of life unless they have been clearly declared as forbidden.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130623460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Reprehensible (Makruh)","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0011","url":null,"abstract":"The reprehensible (makruh) is an in-between category that exists between the halal and haram, and it basically pertains to moral advice rather than a legal category. Makruh (lit. disliked, from the root word kariha) refers to an act, object, or conduct that should be avoided, but whose perpetrator is not liable to punishment and does not incur moral blame. Certain foodstuffs may be strictly halal but should be avoided if harmful to health, rotten, or presented in doubtful situations. The leading schools are in agreement that one who avoids makruh merits praise and gains closeness to God. Makruh is often described as the lowest degree of prohibition, and in this sense it is used as a convenient category the jurists have employed for matters that fall between the halal and haram.\u0000","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131587214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Necessity (Darurah) and Forgetfulness (Nisyan)","authors":"M. H. Kamali","doi":"10.1093/oso/9780197538616.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780197538616.003.0010","url":null,"abstract":"The rules of shariah make exceptions for cases of necessity when, for instance, one has to take forbidden food in order to save one’s life. But necessity (darurah) has its own set of rules, which this chapter addresses in detail. Briefly, darurah is defined as a situation that entails fear for loss of one’s life, affliction with grave bodily injury, or loss of property and honor with a degree of certainty that arises from one’s knowledge of the situation such that it leaves the victim with no choice for an alternative. The same analysis applies to forgetfulness (nisyan), which is when someone takes forbidden stuff by mistake or due to ignorance. In such a case, the person is exonerated by shariah.","PeriodicalId":245507,"journal":{"name":"Shariah and the Halal Industry","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126231061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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