Istifta 99 — Eating & drinking

As for the gelatin derived from animal source, if the impurity of the origin is not established (for example, if there is a probability that the animal was slaughtered according to Islamic laws), it will be considered pure; however, it should not be added to the food, except in such amounts that it would be completely absorbed. [That is, it is pure (tahir) but should be used in food items in very minute quantities only.] This [latter caution] is for a case where it is neither established that the animal was slaughtered according to Islamic rules, nor had istihala taken place. [If any of these two issues were established, then there would be no restriction in using gelatin in food items.] The above ruling does not differ whether the gelatin was derived from parts of the animal that has feeling (like cartilage, gristle) or has no feeling (like bones). This ruling about parts with no feeling is based on obligatory precaution. However, if its impurity was established (for example, it is known that it comes from an essentially impure animal or from the cartilage of an animal not slaughtered according to Islamic rules, or from its bones without purifying them, in which case it would be considered mutanajjis by coming into wet contact with an impure item), then considering it pure and permissible for use in food items depends on establishing istihala. And in this matter [whether istihala took place or not], one should refer to the common perception of the people. We have explained its criterion earlier. [Istishab is a principle that says that in case of doubt one should extend the previous knowledge about that particular issue until proven otherwise.] The principle of istishab is neither applicable in cases of doubt concerning the concept [of the law], nor in cases of the law themselves—as has been proven in its appropriate place in the Science of ‘Usûl. However, since the issue of impurity (najasat) is related to the generic concept in a common man’s perspective and extension of judgement about najasat depends, in the eyes of sensible people, on continued existence of its elements — this makes the doubt about occurrence of istihala (whether its application is limited or broad) into a doubt about continued existence of impure elements [in the gelatin]. And this is a matter of application of the law. There is therefore no problem in applying the principle of istishab in this case. Allah knows the best.