Ruling on fizzy drinks
Question

                There have been rumours lately about the inclusion of derivatives from pig intestines in the famous American drink Pepsi, and I have heard a fatwa that states that it is haraam. Are these rumours true? What is the ruling on drinking this beverage? What is the ruling on other, similar fizzy drinks?
Praise be to Allah.
    Firstly: 

    The basic principle concerning all kinds of food is that they are halaal 
    unless there is proof that they are haraam. There has been a lot of 
    discussion about some fizzy drinks, which we should discuss and examine: 

    1-   
    Fizzy drinks 
    contain alcohol that is used for the purpose of dissolving some ingredients 
Dr 
    Muhammad ‘Ali al-Baarr says in his book al-Khamr bayna at-Tibb wa’l-Fiqh 
    (p. 65): 

    Many readers may not be aware that some ingredients of fizzy drinks such as 
    Pepsi Cola, Coca-Cola and others have been dissolved in alcohol. End quote. 

    2-   
    These drinks 
    contain an enzyme called pepsin, which is usually produced from the 
    membranes of pig intestines. 
It 
    says in al-Mawsoo‘ah al-‘Arabiyyah al-‘Ilmiyyah (26/106): 

    Pepsin is a digestive enzyme that is found in stomach acid; it breaks down 
    proteins into peptides. Pepsin resembles other enzymes in its chemical 
    composition, but its effects are very different. Its effect is stronger in 
    an acidic environment, such as that of the stomach, but it does not have any 
    effect on fats or carbohydrates. Pepsin is produced commercially by drying 
    the mucous membranes of pig and calf stomachs. There are several commercial 
    preparations of this substance can be taken in order to facilitate 
    digestion. End quote. 

    3-   
    There are some 
    proven health risks 

    This is a summary of what may be said about these drinks. 

    Secondly: 
In 
    order for these issues to have an impact on the ruling, it is essential to 
    confirm two things: whether they are actually present in these drinks, then 
    to confirm the shar‘i ruling concerning them. With regard to using alcohol 
    or pepsin that is derived from pigs, in fact it is not necessarily the case 
    in all drinks or in all factories. Other substances may be used for 
    dissolving, under the supervision of the people in charge of the drinks 
    factories. In many Muslim countries, use of alcohol for dissolving is 
    avoided, and other substances are substituted that are free of such 
    problems. 

    With regard to pepsin, it may be derived from calf stomachs – as mentioned 
    above in the quotation from al-Mawsoo‘ah al-‘Arabiyyah al-‘Aalamiyyah 
    – and it is also possible to manufacture it in laboratories by other 
    chemical means. The factory may not necessarily derive it from pig 
    intestines. 

    With regard to harm, after researching the matter thoroughly, we have not 
    come across any authentic and proven scientific study that confirms that 
    these drinks do indeed cause harm. The most that we have found is reports 
    here and there, which even if they quote a little scientific evidence, it 
    does not reach the level of proving that it causes widespread harm to such a 
    degree that these drinks should be deemed haraam. 

    The fact that millions of people consume fizzy drinks every day – and often 
    more than once in a day – supports the view that they do not cause the harm 
    that one reads about, and perhaps such reports are exaggerated. 

    Thirdly: 

    Contemporary fuqaha’ have researched the ruling on using alcohol and some 
    enzymes that are derived from pork, that have been absorbed (istihlaak) or  
    or transformed (istihaalah) – from its original nature – in food and drink 
    nowadays. They reached the conclusion that these foods are permissible 
    because the prohibited substances have disappeared into the permissible 
    substances and been completely absorbed. In fact, in some cases the chemical 
    structure is altered and it turns into a different substance altogether.

     It says in Tawsiyaat Nadwat ar-Ru’yah al-Islamiyyah li Ba‘d al-Mashaakil 
    at-Tibbiyyah: 

    Additives in food and medicine that come from sources that are impure or 
    prohibited may be turned into substances that are Islamically permissible in 
    one of two ways: 

    1-   
    Istihaalah 
    (transformation) 

    What is meant by istihaalah in fiqhi terminology is altering a substance 
    that is impure or prohibited to consume, and turning it into something 
    distinctly different from it in name, features and characteristics. 

    This may be expressed in scientific terms as referring to any chemical 
    interaction that changes a substance into another compound, such as turning 
    oils and fats from different sources into soap, or breaking down a substance 
    into its different component parts, such as breaking down oils and fats into 
    fatty acids and glycerin. 

    This chemical interaction may be done deliberately by scientific and 
    technical means, or it may occur unexpectedly, in ways that the fuqaha’ 
    mentioned by way of example, such as wine turning into vinegar, dyeing, and 
    burning.

    Based on that: 

    (i)   
    additives from 
    animal origins that are haraam or impure (najis) and have undergone a 
    process of transformation (istihaalah) – as referred to above – are regarded 
    as pure and permissible to consume in foods and medicines

    (ii) 
    chemical 
    components that are derived from impure or haraam sources such as blood that 
    has been shed, or sewage, and have not undergone a process of transformation 
    (istihaalah) in the sense referred to here, are not permissible for use in 
    food and medicine. Examples include food to which blood is added, such as 
    blood sausage, black pudding, and other foods, pastries and soups that are 
    made with blood, and the like. They are regarded as impure food that it is 
    prohibited to eat, because they contain blood that has been shed and has not 
    undergone a process of transformation. 

    With regard to blood plasma that is regarded as a cheap alternative to egg 
    albumen – which may be used in pastries, soups, puddings, bread, various 
    kinds of dairy products, and children’s foods and medicines, and may also be 
    added to flour, the symposium thinks that it is a different substance that 
    is distinct from blood in its name, features and characteristics, so it does 
    not come under the same rulings as blood, although some of the attendees 
    were of a different view. 

    2-   
    Istihlaak 
    (absorption) 

    This refers to mixing a haraam or impure substance with another that is 
    usually pure and halaal, so that the characteristics of the impure substance 
    that is Islamically prohibited disappear. That is because the 
    characteristics of the impure substance are absorbed and overwhelmed by the 
    substance with which it is mixed, leading to the disappearance of its taste, 
    colour and smell; thus the smaller amount is overwhelmed and absorbed by the 
    prevalent substance, and it comes under the ruling on the prevalent 
    substance. Examples of that include the following: 

    (i)   
    Additives that are 
    used in a solution of alcohol in very small amounts in food and medicine, 
    such as colourings, preservatives, emulsifiers and antioxidants.

    (ii) 
    Lecithin and 
    cholesterol that are derived from impure sources without undergoing 
    transformation (istihaalah). It is permissible to use them in food and 
    medicine in very small amounts that are absorbed into the prevalent halaal 
    and pure substance.

    (iii)           
    Enzymes of porcine 
    origin, such as pepsin and other digestive enzymes and the like, that are 
    used in very small amounts and are absorbed into the prevalent food or 
    medicine. 

    End quote. 
It 
    says in Fataawa al-Majlis al-Urubbi li’l-Ifta’ wa’l-Buhooth (fatwa 
    no. 34): 
In 
    the ingredients of some foods it mentions “E-numbers”, i.e., the letter E 
    followed by a number. It is said that this means that it contains a 
    substance made from pig fat or bones.
If 
    this is proven to be the case, then what is the Islamic ruling on those 
    foods? 

    Answer: 

    The substance referred to by an E-number is an additive, of which there are 
    more than 350; they are either preservatives, colourings, flavour enhancers, 
    sweeteners, and so on. 

    They are divided into four groups, according to their source:

    (i)   
    additives from 
    artificial chemical sources

    (ii) 
    additives from 
    plant sources

    (iii)           
    additives from 
    animal sources

    (iv)           
    additives that are 
    dissolved in alcohol. 

    The ruling on these things is that they do not affect the permissibility of 
    food and drink, for the following reasons: 

    With regard to the first and second groups, that is because they come from 
    permissible sources and there is nothing wrong with using them. 

    With regard to the third group, they do not remain as they were when taken 
    from the animal source; rather they go through a chemical process of 
    transformation (istihaalah) that alters their nature completely, to the 
    point that the material turns into a new, pure, substance. This change 
    affects the Islamic ruling on that substance. If its essence was haraam or 
    impure, then its transformation into a new substance gives it a different 
    ruling, such as wine when it turns into vinegar; it becomes halaal and pure, 
    and because of that change it no longer comes under the rulings on wine (khamr). 

    With regard to the fourth group, these are usually colourings; a very small 
    amount of the solution is used, and it is absorbed into the final product. 
    These may be overlooked. 
So 
    if any food or drink contains any of these substances, it remains 
    permissible as it was originally was, and there is nothing wrong with the 
    Muslim consuming it. 

    Our religion is easy; it forbids us to overburden ourselves and to spend 
    time searching and examining such things which are not what Allah, may He be 
    exalted, or His Messenger have enjoined upon us. 

    Quoted from Fiqh an-Nawaazil by Dr Muhammad al-Jeezaani (4/263-267) 
Dr 
    Muhammad ‘Ali al-Baarr says in al-Khamr bayna at-Tibb wa’l-Fiqh (p. 
    65): 
If 
    someone drinks a lot of these beverages, such as Pepsi-Cola, will he become 
    intoxicated? It is well-known, and there is general consensus, that he will 
    not become intoxicated even if he drinks a huge amount. So the reason for 
    prohibition – which is that it causes intoxication – is absent in this case. 
    … Based on that, the hadith “Whatever intoxicates in large amounts, a small 
    amount of it is haraam” or “Whatever intoxicates in large amounts, a handful 
    of it is haraam” – narrated and classed as hasan by al-Albaani (1866); 
    classed as saheeh by al-Albaani in Saheeh at-Tirmidhi – does not 
    apply to these drinks, because if a person consumes these drinks in any 
    amount, he will not become intoxicated. 

    Based on that, these drinks can only be halaal, because the reason for 
    prohibition, namely intoxication, is absent altogether… And because they 
    cannot be called khamr (alcohol) on any grounds, be it linguistic, Islamic 
    or any other. 

    Despite all that, most of the fuqaha’ are unanimously agreed that if alcohol 
    is added to the liquid or substance and is dissolved and absorbed completely 
    into it, in the sense that that substance can no longer be regarded as 
    causing intoxication, even if it is drunk in large amounts, then that 
    substance becomes halaal, and whatever it contains of alcohol is overlooked, 
    because it comes under the ruling on that which has been absorbed. The 
    fuqaha’ quoted as evidence for that the action of the Prophet (blessings and 
    peace of Allah be upon him) when some cheese from Syria was brought to him, 
    and he was told that it had been made with impure rennet. He (blessings and 
    peace of Allah be upon him) regarded it as permissible to eat it and he did 
    not disallow it.

     It was narrated from Ibn ‘Umar: Some cheese was brought to the Prophet 
    (blessings and peace of Allah be upon him) in Tabook, that   had been made 
    by the Christians. He called for a knife, mentioned the name of Allah over 
    it, then cut some off and ate it.

    Narrated by Abu Dawood (3819); classed as hasan by al-Albaani. 

    Ahmad and al-Bazzaar narrated from Ibn ‘Abbaas that some cheese was brought 
    to the Prophet (blessings and peace of Allah be upon him) during a campaign 
    and he said: Where was this made? They said: In Persia, and we think that 
    some “dead meat” (something taken from an animal that died without being 
    slaughtered in the prescribed manner) was added to it. He said: “Cut it with 
    a knife, mention the name of Allah over it, and eat.”

    Musnad Ahmad 
    (1/302); classed as hasan by the commentators 

    Based on that, all of these fizzy drinks such as Pepsi-Cola, 7-Up, 
    Coca-Cola, and so on, come under the heading of permissible drinks that 
    Allah has permitted to us, despite the fact that some of their ingredients 
    may have been dissolved in a small amount of alcohol. And Allah knows best. 
In
    Kitaab al-At‘imah (section on food) in al-Mawsoo‘ah al-Fiqhiyyah, 
    issued by the Ministry of Awqaaf and Islamic Affairs in Kuwait, under the 
    title “al-Ghazozah (Pop)” it says: 

    Pop refers to sweet drinks that contain a small amount of essential oils and 
    are saturated with carbon dioxide under pressure that is higher than 
    atmospheric pressure. Other substances may be added to give a particular 
    colour or flavour. 

    The essential oils that are used in the manufacture of pop are not mixed 
    with the other ingredients until they have been dissolved by adding a small 
    amount of alcohol to them. Alcohol is an intoxicant; indeed it is the most 
    prominent of all intoxicants, so it is impure (najis) according to the 
    majority of scholars, therefore the essential oils and pop become impure and 
    hence haraam to drink. 

    This is what appears to be the case at first glance. But if we examine the 
    matter more deeply, we can say that the addition of alcohol is only done for 
    a particular purpose, and it is like the impure rennet that is added to milk 
    in order to make cheese. They said: The rennet does not make the milk 
    impure; rather it is overlooked. 

    This applies if we say that alcohol is impure. But if we say that it is 
    pure, as ash-Shawkaani said, and as was the view favoured by the Fatwa 
    Committee of al-Azhar, then there is no problem. And Allah knows best. End 
    quote. 

    The scholars of the Standing Committee for Issuing Fatwas were asked: 

    (a) 
    What is the 
    Islamic ruling on eating Dutch butter?

    (b)
    What is the 
    Islamic ruling on eating faseekh (small salted fish) and sardines?

    (c) 
    What is the 
    Islamic ruling on drinking chilled drinks such as Pepsi and Sport Cola, for 
    example? 

    They replied: 

    (a) 
    The basic 
    principle concerning different types of butter is that they are permissible, 
    unless what is said about them is proven to be correct. But we do not know 
    up till now the soundness of any such report, so they remain permissible as 
    they are originally.

    (b)
    Faseekh and 
    sardines are both fish, and it is permissible to eat fish even if it is 
    “dead meat” (i.e., not slaughtered in the prescribed manner, because it is 
    narrated and proven from the Prophet (blessings and peace of Allah be upon 
    him) that he said, when he was asked about the water of the sea: “Its water 
    is a means of purification and its ‘dead meat’ is halaal.” So eating these 
    two foods is permissible.

    (c) 
    All the drinks you 
    have mentioned are permissible, so long as they do not cause intoxication in 
    large amounts. 

    End quote.

    Fataawa al-Lajnah ad-Daa’imah 
    (22/314)

    They were also asked (22/262): 

    There are a lot of rumours about imported butter and Pepsi. We often hear 
    that some haraam things are added to Pepsi and butter. 

    They replied: 

    With regard to imported butter and Pepsi, we do not know of anything in them 
    to suggest that they are haraam, because the basic principle with regard to 
    things is that they are permissible until it becomes apparent that they 
    should be prohibited. But if a person feels in himself something that makes 
    him doubt, then let him leave it for that which does not make him doubt, 
    because of the hadith to that effect. 
We 
    have written to the Ministry of Trade concerning what is said about imported 
    butter, and they replied that it is free of what it is rumoured to contain 
    of haraam ingredients. We ask Allah, may He be exalted, to enable us all to 
    understand His religion. End quote. 

    See also the answer to question no. 22013. 

    And Allah knows best.