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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

The main problem in this research lies in the discrepancy between das Sollen and das Sein, namely between the normative injunction in the Qur’an, which explicitly prohibits pork, and the contemporary reality in which pork derivatives, particularly gelatine, are widely used across various industries such as food, pharmaceuticals, and cosmetics. This situation raises a legal issue as to whether a transformation of substance through industrial processes can alter the legal status of an impure substance into a pure one based on the concept of istihālah.
The main problem in this research lies in the discrepancy between das Sollen and das Sein, namely between the normative injunction in the Qur’an, which explicitly prohibits pork, and the contemporary reality in which pork derivatives, particularly gelatine, are widely used across various industries such as food, pharmaceuticals, and cosmetics. This situation raises a legal issue as to whether a transformation of substance through industrial processes can alter the legal status of an impure substance into a pure one based on the concept of istihālah.
The findings show that Ali Mustafa Ya’qub adopts a cautious stance and rejects the permissibility of pork gelatine, considering that the process of istihālah has not reached complete transformation, whereas Nazih Kamal Hammad is more open to the possibility of legal change based on the concept of istihālah. Therefore, this study concludes that the legal status of pork gelatine remains a matter of scholarly debate, with a stronger tendency towards caution in declaring it impermissible until a complete istihālah is proven both scientifically and within Islamic legal reasoning.

33/PMH/2026

33/PMH/2026

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