Human life is constantly evolving and technology helps with the advancement. In many Muslim societies such as in Malaysia, halal and haram issue is a sensitive concern not only not only with regard to foods but also medical materials and devices. Many medical issues highlighted involve the use of drugs mixed with non-halal materials or impurities such as pigs, carcasses and corpses. The use of drugs is also an issue in the field of dental treatment such as Biogide®, EmdoGain® and Bio-Oss®. The absence of a fiqh principle model for dental treatment, especially involving these materials complicates doctors’ treatment of patients in order to know whether these substances are authorized by Islamic rules or otherwise. This study analyses guidelines used in the application of drug and medical devices derived from non-halal materials. The approach used in this study is based on a study of the Quran, Sunnah, views of the Ulama' and the analysis of contemporary fatwas. The results show that the use of non-halal devices in dental treatment is prohibited except in emergencies. The use of non-halal materials is also prohibited if the recovery is medically dubious. Advice of pious Muslim doctors is also demanded before treatment.

Medical treatment by Muslim doctors will sometimes be influenced by Islamic law and ethics rather than solely medical consideration. Muslim patient’s sometimes need reassurance that modern medicine that offered to them is also acceptable by Islamic law. Orthognathic deformities are condition which associated with discrepancies of the jaw. These deformities resulted from different rates of growth of the maxilla, the mandible or both. Performing cosmetic surgery seems to change the creation of Allah and the original law of changing Allah’s creation is prohibited. In assessing the orthognathic surgery law for patients with this dentofacial defect, the researcher found that the main issues that need to be investigated are the difficulties existed (Masyaqqah) and the level of patient harm in addition to the intention or purpose of performing orthognathic surgery. However, according to the principles of the Islamic jurisprudence, orthognathic surgery is permitted based on the principles such as ad-darar yuzal, al-musyaqqah tajlibu al-taisir, al-darurat tuqaddiru biqadaruha, irtikab akhaf al-dhararain, al-darurat tubihu mahzurat and al-umur bimaqasidiha. Orthognathic surgery can be done because the purpose is to treat defects and restore function. This objective is very consistent with the fiqh rules that stated, every harm and distress should be eliminated.

Malaysian Muslims are very sensitive to matters involving the law of halal and haram, especially in terms of food and drink. Quran and Hadith are the paramount basis for solving all problems, regardless of the places, circumstances and time range. Texts of the Quran and Sunnah are mostly of a general nature to facilitate the development of general principles and laws. These general principles will facilitate legal classification of the cases to date, including in connection with the treatment of materials or tools derived from the treatment of non-halal substances such as Biogide®, Emdogain® and Bio-Oss®. This study examined the current fatwas and principles of fiqh related to non-halal treatment that can be used as a guide for medical and dental practitioners. Information for this study was obtained from an analysis of fatwas, books of jurisprudence, medical scholars, Islamic jurists and experts’ opinion in connection with the use of dental treatment such as Biogide®, Emdogain® and Bio-Oss® in modern dental treatment. The study found a number of principles of jurisprudence that can be used in connection with necessity and limitations when performing a treatment using non-halal substances such as Biogide®, Emdogain® and Bio-Oss® , mamely, is Al-Darurat Tubihu al-Mahzurat (emergency justifies the unlawful means) , Al-Darurat Tuqaddaru Biqadariha (something that is permissible due to emergency must be adapted equally with the rate of emergency) and Istihalah (changing one state to another i.e. from haram to halal).