Fiqh Pharmaceutical: The Concept Of Istihalah As Legal Indicator In Imposing Fatwa Of Anticoagulant, Low Molecular Weight Heparin (LMWH)

Debates over halal and haram regarding foods and non-foods have heatedly discussed amongst shariah scholar most of the times especially in Muslim country such as Malaysia. Through our naked eye, impure elements can be cleansed and purified by washing away the stain. By transforming from an impure form to pure form by mixing the thing with other substance in order to change it into a total content and form could be defined as istihalah. Its validity as a measurement tool in determining the status of halal and haram over food and non-food issues is a legal method in Islam. However, there is school of thought in Islamic fiqh observed as more stringent and stricter in verifying istihalah as legal indicator in imposing fatwa with regard halal and haram status as implemented by Malaysian National Fatwa Council (MNFC) towards porcine based medicine namely Low Molecular Weight Heparin (LMWH). Even though the present era shows its cruciality towards a need of accepting a contemporary way of fiqh approach, not to mention the efficacy, accessibility, and feasibility of LMWH, but MNFC remained observed has less enthusiasm upon istihalah method because that Islamic fatwa organization in Malaysia is more prone to Shafi’iyyah school of thought which accepting istihalah with exceptions only. This notion creates a query reason over the fatwa upon pharmaceutical issues nowadays which able to lead to misconception to the patients who might necessarily need LMWH. This qualitatively study attempts to propose a rational and harmoniously conforming to science and technology development in manufacturing the medicine which able to remove the Deoxyribonucleic acid (DNA) of the porcine. This study may contribute to solve the issue of pharmaceutical products which manufactured from impure basis by adapting a shariah compliance guideline provided at the end of study.