Food Security: The Critical Discourse on Gelatine for Muslims in South Africa

Abstract

The Muslim Judicial Council SA (MJC SA) is the central Muslim religious institution in the Western Cape and has pioneered the consumer discourse on ḥalāl (permissible) consumption in South Africa. The discursive discourse of what constitutes ḥalāl and ḥarām (not permissible to consume) has provoked a variety of responses and was the cause of the establishment of other ḥalāl certifying authorities in South Africa, like the South African National Halaal Authority (SANHA). The genres of fatāwā (singular fatwᾱ, refers to the formation of a legal opinion) constitute the distinctive nature of twentieth century discursive discourses and debates within the ḥalāl industry in South Africa. Contentious fatāwā such as the beef saga in 1970, mechanical slaughtering, the recital of the basmalah, and the discourse on gelatine were the cause of many controversies which had a direct impact upon the ḥalāl industry in the country. These fatāwā were the outcomes of exploring new methods within Islamic legal frameworks on how ḥalāl is viewed, thereby shifting the discourse into a realm of robust debates. This was preceded by the discursive traditions of previous fiqh scholars. This discursive discourse relied on reframing classical fiqh by adding a contemporary character to it. This article explores the critical debates of gelatine fatāwā between the MJC and SANHA which has divided the ḥalᾱl industry in South Africa and Muslim consumers over the past three decades. The gelatine fatāwā discourse is considered one of the most contentious issues today amongst leading ḥalᾱl certifying authorities in South Africa. This article provides a historical background which traces the formation of the gelatine fatwā, and offers clarity and insight to some of the key issues in this debate.