Question:
What is the ruling of using beauty products made from giant African snails (known as siput babi in Malay)?
Answer:
Mukadimah
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his family, companions and all those that follow his teachings to the day of judgement.
A snail is, in loose terms, a shelled gastropod. Giant African snail or its scientific name Achatina fulica is a species of large land snail that belongs to the family of Achatinidae. The adult snail is around 7 centimetres (2.8 in) in height and 20 centimetres (7.9 in) or more in length. The shell has a conical shape, being about twice as high as it is broad. Either clockwise (dextral) or counter-clockwise (sinistral) directions can be observed in the coiling of the shell, although the right-handed (dextral) cone is the more common. This species is a simultaneous hermaphrodite; each individual has both testes and ovaries and is capable of producing both sperm and ova. This snail originated from Africa and was shipped to India in the 20th century and then spread to other tropical countries. It is a nocturnal or night animal and is considered as a pest as it is an invasive species. In certain countries, it is also considered a delicacy. See https://en.wikipedia.org/wiki/Achatina_fulica
Snail beauty products are made from snail mucin or snail secretion filtrate. Since snail beauty products are usually used in skin care routine and applied topically, only edible (safe to be consumed, not poisonous but prohibited to be eaten by syara’) snails are used. Popular edible snail species used in beauty products include the Roman snail (Helix pomatia) a common ingredient in escargot, its close relative the garden snail (Helix aspersa) and giant African snail (Achatina fulica).
Discussion of the Ruling
In this issue, we try to differentiate two main things, which are the ruling of eating snails which is categorized as filthy things (khabaith) and a contemporary fiqh issue, the ruling of using cosmetic products made from snails.
First: Snail is categorized as khabaith
The concept of uruf (custom) categorized snails as filthy animal (khabaith) and is prohibited to be eaten. The reason is, it is considered as a disgusting and filthy animal by society in general. Thus, it is prohibited according to the concept of uruf that categorized it as a khabaith (filthy animals). This is in accordance with the statement of Allah SWT:
وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ
“Makes lawful for them the good things and prohibits for them the evil (khabaith).”
Surah al-A’raf (157)
The same applies to everything that is harmful or considered filthy naturally by humans in a society, even if it is accepted by some of them.
Illah (legal reason) for the prohibition of land animals that do not have flowing blood, such as snails is due to them categorized as a khabaith (filthy animals).
Whereas for animals that are not stated in the Quran or hadith of the Prophet PBUH, then the majority of the jurists (Hanafiah, Syafieyyah and Hanabilah) refer them back to the uruf of the Arabs. Thus, animals that are considered clean by Arabs are permissible. While animals that are considered as khabaith by the Arabs are prohibited to be eaten. Thus, the ruling for eating snails depends on the uruf of a society.
The basis of the filthy or disgusting impression for certain animals is based on the Arabs’ perception during the time of the Prophet PBUH. Here we include the statement cited from al-Fiqh al-Manhaji:
“All animals that are considered filthy by the Arabs during the time of the Prophet PBUH, such as animals that creep on earth and others are prohibited except what has been stated permissible specifically by syara’. For example, al-yarbu’ (اليَرْبُوْعُ) a mouse-like rodent with a long tail, long hind legs for jumping and exceptionally large ears also known as long-eared gerbil, dhab (الضَّبُّ) a desert animal, from the lizard species, Kurdistan red fox found in Turkey (السَّمُّوْرُ), hedgehog, wabar (الوَبْرُ), a small cat-like animal without a tail (hyrax), ibn ‘arsin (اِبنُ عَرسٍ), a type of animal that eat rodents also known as weasels and others.”
A hadith that specifies the permissibility of dhab (mastigure) is from Ibn Umar RA, where the Prophet PBUH said:
الضَّبُّ لَسْتُ آكُلُهُ ولا أُحَرِّمُهُ
"I do not eat mastigure (dhab), but I do not prohibit its eating."
Sahih al-Bukhari (5536)
The deciding factor in the permissibility or prohibition from the opinion of the Arabs is due to the fact that they are the first people that received the syariat (teachings of Prophet Muhammad PBUH). And the Prophet Muhammad PBUH sent by Allah SWT for all mankind and jinn is from among them. Even the Quran is revealed to them first. See al-Fiqh al-Manhaji (1/69).
Snail is a type of animal categorize as land animals. Here we include the division of land animals that are permissible and prohibited to be eaten, referring to the book al-Fiqh al-Islam wa Adillatuh:
Land-animals or animals that live on land are divided into three:
- Animals that don’t have blood, such as bees, fly, ants and others like it. It is prohibited to be eaten, for it is included as al-khabaith, which are animals that are considered filthy by the Arabs.
- Animals that do not have flowing blood, such as lice, gecko, mouse and others like it. These animals are also prohibited to be eaten for they are also included as al-khabaith and some of them are poisonous and are harmful to humans.
- Animals that have flowing blood. These types of animals are further divided to wild and tame animals. Tame animals from the al-An’am (farm animals) are permissible to be eaten, such as camels, goats and cows. It is also permissible to eat tame animals from the bird category, such as chickens and ducks. However, for wild animals that have canine teeth, such as tigers and lions and birds that have claws of a predator such as eagles and bats, are prohibited.
See al-Fiqh al-Islam wa Adillatuh (4/2793)
Hence, referring to the above categories, snail falls under the second type of animal that do not have flowing blood and is considered as khabaith which is prohibited to be eaten. The jurists of madhab Syafi’e ruled snails as najis (impure) for it is considered as carcass after it dies.
Here, we conclude the three principles of determining the permissibility of food according to al-Fiqh al-Manhaji:
First principle: All animals that are considered as good by the Arabs when there is plenty of food available, and during the time of the Prophet PBUH is ruled as permissible.
All types of fishes that live in the ocean regardless of its name are permissible. The reason is, all of them is considered good by the Arabs.
It is permissible to eat farm animals (الأنعام) such as camels, cows, sheep, goat, horse, wildebeest, wild asses, deer/antelope, rabbits and others considered as good by the Arabs and are ruled as permissible by syara’.
However, there are also animals that are considered good by the Arabs, but is prohibited by syara’ and are impermissible to be eaten, such as a mule, an offspring of a male donkey (jack) and a female horse (mare) and domesticated donkey (الحمر الأهليّة).
Second principle: All wild animals that have canine teeth to catch their prey are prohibited to be eaten.
Such as dog, swine, wolves, bear, cat, Ibn Awi (ابْنُ آوِي) or jackal; a type of animal that is slightly bigger than a fox but smaller than a dog with long nails, elephants, lion, leopard, monkey and others.
Third principle: All animals that are sunnah to be killed are prohibited to be eaten. For example, snakes, scorpions, crow, eagle, mouse, and all animals that bring harm to humans.
All these animals and others like them are prohibited to be eaten, even if they are considered good or not by the Arabs. The reason being, it is sunnah to kill them and most of them are considered filthy by the Arabs.
Second: Using snail compounds as ingredients in products
The original ruling for snails is they are not considered as najis (impure). The reason is, there is no clear and sahih evidence that prohibits it. Thus, the ruling of using snail in the production of cosmetic products is permissible, for there are many benefits from it. For snails, there are no stated prohibition or permissibility of it in clear Quranic or prophetic evidences. It is included under the animals whose status are not mentioned by syara’, either to be eaten, used or benefited.
Here, we cite the words of Dr Yusuf al-Qaradhawi from his book al-Halal wa al-Haram:
“The first principle that is set in Islam is that all that Allah SWT created, whether it is an object or a creature, originally are ruled permissible and can be used. There is no prohibition for any of it unless there is a clear prohibition for it stated in the Quran or hadith or it is prohibited by syara’. If there is no clear and sahih evidence regarding its prohibition, or just stated in dhaif (weak) hadith, then it is ruled back to its original ruling which is mubah (permissible).”
Islamic scholars state that the basis of everything that benefits is Mubah, which means it is permissible. This is in accordance with the clear verses of the Quran.
Allah SWT states:
وَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا
“It is He who created for you all of that which is on the earth.”
Surah al-Baqarah (29)
Allah SWT also states:
وَسَخَّرَ لَكُم مَّا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ جَمِيعًا مِّنْهُ
“And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him.”
Surah al-Jathiah (13)
In another verse, Allah SWT states:
أَلَمْ تَرَوْا أَنَّ اللَّهَ سَخَّرَ لَكُم مَّا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ وَأَسْبَغَ عَلَيْكُمْ نِعَمَهُ ظَاهِرَةً وَبَاطِنَةً
"Do you not see that Allah has made subject to you whatever is in heavens and whatever is in the earth and amply bestowed upon you His favors, [both] apparent and unapparent?"
Surah Luqman (20)
It is impossible for Allah SWT to have created everything on this earth for humans, but then all of it is prohibited for them. Then, what is the purpose of it all being created by Allah SWT in the first place? For it would contradict the reason for all of it to be created in the beginning. The reality is, Allah SWT only prohibits some of all the things He has created, for reasons and wisdoms that we will explain later. Hence, the scope of things that is prohibited is small compared to everything else that is permissible for us. The reason is, clear evidence stating the prohibition for something is so little. Furthermore, for the things that are not stated its prohibition or permissibility, falls back to its original ruling that it is permissible or are categorized as the things that are forgiven by Allah SWT.
This is stated in a hadith from the Prophet PBUH:
مَا أَحَلَّ اللهُ في كتابِهِ فَهُو حَلاَلٌ، وَمَا حَرَّمَ فَهُوَ حَرَامٌ، وَمَا سَكَتَ عَنهُ فَهُوَ عَفْوٌ، فَاقْبَلُوا مِنَ اللهِ عَافِيَتُهُ، فَإِنَّ اللهَ لَم يَكُن لِيَنْسَى شَيئًا، وَتَلاَ وَمَا كَانَ رَبُّكَ نَسِيًّا
“What is lawful is that which Allah has permitted, in His Book and what is unlawful is that which Allah has forbidden in His Book. What He remained silent about is what is pardoned. And accept the forgiveness from Allah SWT for He is not forgetful.” Then the Prophet PBUH recite a verse of Allah SWT: “And in no way is your Lord forgetful.” Surah Maryam (64)
Sunan al-Hakim
In another narration by Salman al-Farisi RA, “The Messenger of Allah (ﷺ) was asked about ghee, cheese and wild donkeys. He said:
الْحَلاَلُ مَا أَحَلَّ اللهُ في كِتَابِهِ، وَالْحَرَامُ مَا حَرَّمَ اللهُ فِي كِتَابِهِ، وَمَا سَكَتَ عَنْهُ فَهُوَ مِمَّا عَفَا لَكُمْ
‘What is lawful is that which Allah has permitted, in His Book and what is unlawful is that which Allah has forbidden in His Book. What He remained silent about is what is pardoned.’”
Sunan al-Tirmizi and Sunan Ibn Majah
The Prophet PBUH refuse to answer small matters. Furthermore, the Prophet PBUH let them decide, according to the principle to determine the permissibility or prohibition of something in Islam. Thus, it is sufficient for them to identify what Allah SWT has prohibited and the rest are considered as good and permissible.
The Prophet PBUH said:
إِنَّ اللهَ فَرَضَ فَرَائضَ فَلاَ تُضَيِّعُوهَا، وَحَدَّ حُدُودًا فَلاَ تَعتَدُوهَا، وَحَرَّمَ أَشْيَاءَ فَلاَ تَنتَهِكُوهَا، وَسَكَتَ عَن أَشيَاءَ رَحْمَةً بِكُم غَيرَ نِسيَانٍ فَلاَ تَبْحَثُوا عَنهَا
“Verily Allah ta’ala has laid down religious obligations, so do not neglect them; and He has set limits, so do not overstep them; and He has forbidden some things, so do not violate them; and He has remained silent about some things, out of compassion for you, not forgetfulness — so do not seek after them.”
Sunan al-Daraqutni and categorized as hassan by al-Nawawi
Indeed, the original ruling of mubah or permissible is not limited to just objects or property but includes actions, work, that are not a type of worship and our normal daily activities or muamalah.
Thus, everything is originally ruled as permissible and are not bound to any certain rules, unless if it has been prohibited by syara’ or the rule has been stated. See al-Halal wa al-Haram (33).
Hence, for snails, which its prohibition or permissibility in syara’ is not mentioned is considered as an animal that do not have flowing blood falls under the ijtihad of the four mazhab (regarding its prohibition or permissibility).
For animals that does not have flowing blood, the fuqaha have differing opinions as to their purity status. Jurists of madhab Hanafi and Maliki state that this type of animal is pure. While jurists of madhab Syafi’e states that it is najis (impure). Jurists of madhab Hanbali state, animals that do not have flowing blood that comes from a pure source is pure, but if it comes from an impure source, then it is impure, such as cockroaches, then is considered as najis, whether they are alive or dead. According to the above discussion, snails are considered as pure (not najis), although it is prohibited to be eaten. Thus, the usage of snail for medication (not to be consumed) and cosmetic purposes is not prohibited.
This is in accordance with a hadith from Abu Hurairah about a fly that falls into a container, eating the fly is prohibited but it is ruled as pure, the same as snail, which is prohibited to be eaten but is considered pure. However, scholars have differing opinions regarding the ruling for animals that do not have flowing blood, such as snails.
From Abu Hurairah RA, the Prophet PBUH said:
إِذَا وَقَعَ الذُّبَابُ فِي إِنَاءِ أَحَدِكُمْ فَلْيَغْمِسْهُ كُلَّهُ، ثُمَّ لِيَطْرَحْهُ، فَإِنَّ فِي أَحَدِ جَنَاحَيْهِ شِفَاءً، وَفِي الآخَرِ دَاءً
"If a fly falls in the vessel of any of you, let him dip all of it (into the vessel) and then throw it away, for in one of its wings there is a disease and in the other there is healing (antidote for it) ie. the treatment for that disease."
Sahih al-Bukhari (5872)
Al-Ramli in Nihayah states:
ويستثنى من النجس ميته لا دم لها سائل عن موضع جرحها، إما بأن لا يكون لها دم أصلاً، أو لها دم لا يجري
“The exception of najis (not considered najis), are carcass of animals that do not bleed if bruised, whether because it does not have blood, or it has blood but do not have flowing blood.” (See Nihayah al-Muhtaj, 1/237)
According to mazhab Imam Malik, everything that is good is permissible. According to this opinion, the perception of humans (that considers it filthy or disgusting) does not affect its prohibition. The prohibition depends wholly on any clear evidence that states its prohibition. If there is no evidence that prohibits it, then it is permissible.
Syeikhul Ibn Taimiyyah strengthened this opinion. He said: “The filthy or disgusting opinion of the Arabs have no bearing towards the prohibition of it, if there is no evidence of its prohibition according to syara’, then it is permissible. This is the opinion of Imam Ahmad and his colleagues. His opinion states that the permissibility depends on the benefits while a prohibition depends on the harm of something, not on humans’ perception. This is the strongest opinion that we found.” See al-‘At’imah wa Ahkam al-Soid wa al-Zabah (76–80).
Here we include the ruling of an issue similar to the issue we are discussing, the Decision of the Muzakarah of Fatwa Committee of National Council for Islamic Religious Affairs Malaysia:
The 81st Muzakarah of Fatwa Committee of National Council for Islamic Religious Affairs Malaysia on March 31, 2008 in Negeri Sembilan discussed the Ruling of Farming and Selling Leeches and Worms for Medical and Cosmetic Purposes. Muzakarah has decided that:
"The 81st Muzakarah of Fatwa Committee of National Council for Islamic Religious Affairs Malaysia on March 31, 2008 discussed the Ruling on Farming and Selling Leeches and Worms for Medical and Cosmetic Purposes. Muzakarah has decided that using leeches and worms in medicine and as a cosmetic material is permissible, and farming or selling for the purpose of benefitting from both animals are also permissible.” See Compilations of Rulings of Muzakarah Fatwa Committee of the National Council for Islamic Religious Affairs Malaysia, pg. 118.
After reviewing the above muzakarah, there is a similarity between the usage of worms in cosmetic products and snails. The reason is, both animas have similar characteristics as both of them are land animals and are considered as filthy to be eaten. Both animals also have been proven to have benefits to humans, whether it is in terms of asliyyah (originally) or tab’iyyah (derivatively).
In our opinion, it is permissible according to the Islamic legal maxim that states:
الحكم يدور مع عللها وجودا وعدما
“A ruling depends on the existence or non-existence of the illah of the ruling.” Refer Mughni al-Muhtaj (2/260)
Illah for the prohibition of snail and worm is for that they are both considered as khabaith according to mazhab Syafie and the uruf of the society. However, if the illah is gone, then it is ruled permissible.
Thus, in this case, is there an illah that considered it khabaith to be used externally (not to be consumed), such as in cosmetic products? If society does not view it as khabaith, then using it is permissible.
Conclusion
As a conclusion, after analysing this issue from the al-Quran, al-Sunnah and scholars’ opinions;
The ruling of using cosmetic products made from snail falls under ijtihad, for there is no clear evidence from the Quran or hadith. It is understandable for this is a new issue that has never happened during the time of the Prophet PBUH.
In our analysis, the ruling for using cosmetic products made from snail is permissible, for it is included under tahsiniyyat (things that complete life), as long as there is no harm from it. Ijtihad is also used for the ruling of its prohibition to be eaten (as food).
The use of snail in cosmetic products falls under al-Maskut ‘anhu (things that its rulings are not clearly mentioned) by the Quran or al-Sunnah. Thus, as long it does not bring harm, then it is mubah or permissible. The reason being, all that Allah SWT has created on earth is for the benefit of humans, as long as there is no evidence that states its prohibition. This is in accordance with a statement by Allah SWT:
وَسَخَّرَ لَكُمْ مَا فِي السَّمَاوَاتِ وَمَا فِي الأرْضِ جَمِيعًا مِنْهُ إِنَّ فِي ذَلِكَ لآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ
“And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him. Indeed, in that are signs for a people who give thought.”
Surah al-Jathiah (13)
The same is stated in a hadith by the Prophet PBUH narrated by Imam al-Daraqutni:
إِنَّ اللهَ فَرَضَ فَرَائضَ فَلاَ تُضَيِّعُوهَا، وَحَدَّ حُدُودًا فَلاَ تَعتَدُوهَا، وَحَرَّمَ أَشْيَاءَ فَلاَ تَنتَهِكُوهَا، وَسَكَتَ عَن أَشيَاءَ رَحْمَةً بِكُم غَيرَ نِسيَانٍ فَلاَ تَبْحَثُوا عَنهَا
“Verily Allah ta’ala has laid down religious obligations, so do not neglect them; and He has set limits, so do not overstep them; and He has forbidden some things, so do not violate them; and He has remained silent about some things, out of compassion for you, not forgetfulness — so do not seek after them.”
Sunan al-Daraqutni and categorized as hassan by al-Nawawi
Thus, from the statement of Allah SWT and the hadith from the Prophet PBUH, Islamic scholars set an Islamic legal maxim that states:
الأصل في الأشياء الإباحة حتى يدل الدليل على التحريم عند الجمهور
“The original ruling for everything (that is beneficial) is mubah (permissible), until there is evidence of its prohibition. This is the majority opinion of the scholars.”
The use of snails in the production of cosmetic products is essential because of the medicinal and beauty benefits they possess. Hence, the ruling of selling of snails is valid because of its benefits. The reason is, it coincides with the principles of the establishment of Islamic law, where one of the goals of Islamic law is to benefit humans. If there are a lot of benefits in the use of snails in the production of cosmetic products, then it is permissible, and its trade is valid.
Hopefully, this explanation gives us a clear understanding of religion and its issues. Amiin.