Fiqh Behind the Halal Pharma Innovation

• Main Author: Muhsin, Sayyed Mohamed
• Format: Article
• Language: English
• Published: Mission Soft Foundation 2024
• Subjects: BP1 Islam; KBP Islamic Law; KBP3122 Veterinary medicine and hygiene. Veterinary public health; KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.; RA Public aspects of medicine; RJ53.A48 Alternative medicine. Complementary medicine
• Online Access: http://irep.iium.edu.my/115500/1/Fiqh%20Behind%20the%20Halal%20Pharma%20.pdf; http://irep.iium.edu.my/115500/; https://en.islamonweb.net/fiqh-behind-the-halal-pharma-innovation

The global halal market represents a rapidly growing multi-billion dollar industry, with the halal pharmaceutical sector projected to reach an estimated USD 105 billion by 2024. Currently, most conventional medicines—except for some herbal and organic health supplements—are not halal-compliant, leaving a substantial gap in the market. This presents a unique opportunity both economically and ethically for developing halal-certified pharmaceuticals that meet the demands of Muslim consumers. One significant challenge is misrepresentation and lack of transparency in labeling. Many pharmaceutical products contain ingredients like gelatin without clear identification of whether it is sourced from permissible (halal) or impermissible (haram) sources. Gelatin used in medicine is categorized as either Type A, derived from pigs or non-halal sources and processed with acid, or Type B, from cows or buffaloes and processed with alkaline. From a fiqh (Islamic jurisprudence) perspective, the absence of transparency can mislead consumers into unknowingly consuming haram substances, which is considered gharar (deception) and prohibited in Islam. Ethical responsibility requires that ingredients are fully disclosed, aligning with Quranic guidance against exploitation through unjust trade: “And do not consume one another's wealth unjustly” (Surah Al-Baqarah, 2:188). Contamination during production is another ethical and legal issue. Many pharmaceuticals are produced in facilities shared with non-halal products, creating risks of contamination with haram substances such as alcohol or animal derivatives from non-halal sources. Fiqh dictates that any contamination with najas (impurities) renders a product impermissible, thus requiring companies to maintain halal integrity by avoiding cross-contamination. Islamic law also allows for exceptions in cases of extreme necessity (darurah) when no halal alternatives are available, particularly with life-saving medications. However, tadawi/darurah (treatment/necessity) should not be an excuse for bypassing the search for permissible solutions. Fiqh principles mandate that halal alternatives be actively sought to avoid reliance on prohibited materials. This ethical balance is vital, as Islam places emphasis on preserving life without compromising religious integrity. The global halal pharmaceutical industry also faces challenges due to inconsistent certification standards across different regions. This inconsistency can lead to confusion among consumers regarding the halal status of products. Harmonizing halal standards internationally is essential for fostering trust in the certification process, as certification bodies bear an ethical obligation to uphold rigorous Shari'ah compliance. Finally, environmental and ethical sourcing considerations are vital as the demand for halal-certified materials rises. Islam teaches stewardship of the earth and mandates ethical treatment of animals, requiring manufacturers to source materials sustainably. For example, gelatin sources should ensure that animals are slaughtered as guided with principle of ihsan, and production practices should aim for environmental sustainability in line with Islamic principles.