ACADEMY OF CONTEMPORARY ISLAMIC STUDIES (ACIS)

ISH 552 HALAL SLAUGHTERING MANAGEMENT

TASK 1 – ASSIGNMENT
TITLE : LEGAL CONCEPT AND ENFORCEMENT IN HALAL SLAUGHTERING
MANAGEMENT

PREPARED BY:
GROUP: (e.g.: IC2204D)
No. Group Members Matric No.
1. AFIQ ZAKWAN BIN MD OSMAN 2020409674
2. AHMAD ISKANDAR BIN SYAHRUL RIZA 2020828102
3. MEOR ALIFF HAIKAL BIN MOHD NOR ASRAD 2020878706
4. MUHAMMAD AIDIL AKMAL BIN MOHAMMAD 2020878526
ZAMRI

MARKS:
No. Contents Marks
1. Introduction /2
2. Research Objectives /2
3. Discussions /10
4. Conclusion /2
5. References /2
6. Ethics /2
Total

20

LECTURER’S NAME: USTAZ MUHAMAD AFIQ BIN ABD RAZAK

SUBMISSION DATE: 27 MAY 2022
SEMESTER: 4 SESSSION: 2022
 TABLE OF CONTENT

No. Content Pages

Table of Content 1

Appreciation 2

Introduction 3-4

Research Objectives 5

Discussions

1- Historical background of Halal law and regulation

in Malaysia 6

2- Laws and regulations pertaining to Halal Slaught-

ering Management 7-8

3- Competent authorities related to Halal Slaughter-

ing Management 9-12

4- Legal issues in Halal Slaughtering Management

and Solutions 13-14

Conclusions 15

References 16-19

Appendix 20-21

1
 APPRECIATION

Thanks be to Allah S.W.T because with blessings and permission from Him,
then we have been able to complete this paper assignment successfully. Insyaallah,
this course work assignment will provide many benefits to us in terms of knowledge
and experience while doing research and in the future. We would like to thank and
highly appreciate our lecturer, Ustaz Muhamad Afiq bin Abd Razak, for never tired of
giving guidance, encouragement, and guidance on how to make papers according to
the set criteria. We would also like to thank both of our parents who also helped to
complete this work. Without their support we may not be able to complete work like
this. This is because the work to complete this course work requires motivation, effort
and fruit of the mind.

Finally, we would like to say a million thanks once again to everyone who was
directly and indirectly involved in preparing the work of this course. Only Allah SWT
can repay your kindness.

2
INTRODUCTION

As we know, slaughter is a way to kill an animal and legalize its meat or other
parts of its body for uses in daily human life. Slaughter in terms of language has three
definitions, the first, it is toyyib which is beautifying while the second, tatmim which
leads to the meaning of perfecting everything that is required by means of slaughter
while the third meaning is cutting or splitting to take the life of an animal. The definition
of slaughter according to the term is to take the life of an animal that is halal eaten by
using sharp tools except nails, teeth and bones to allow Muslims to eat the meat of the
animal that has been Halal eaten. The law for this slaughtering ritual is obligatory on
an animal to ensure that the animal can be eaten and it will be termed as carcass or
faeces if the slaughtered animal does not follow the conditions prescribed by Islam.
Among the evidences for the provision of this slaughter worship is in surah al-An'am
verse 118 :

Meaning: "So eat of (meats) on which Allah’s name hath been pronounced, if ye have
faith in His signs."

The slaughterer must consist of Muslims whether men or women or children

who are mumayyiz, members of the Book whether they are Jews or Christians,
intelligent and sane and the slaughterer does not perform this worship in the ihram of
Hajj for game animals. The tools used during this slaughtering process must be
ensured that they are sharp, can injure and bleed the animal such as knives and
machetes.

In the Halal slaughter industry, especially in Malaysia, we can see that at this
time the industry has a good development in terms of technology and in terms of
handling animals before the process, during the process and after the slaughter
process takes place. The Halal slaughter industry is also in high demand in line with
the increasing number of Muslims from time to time. Therefore, obedient Muslims will
only choose meat that has undergone a slaughter process based on Islamic law and
standards set by the Malaysian government through DVS, JAKIM and other
corporations. In the Halal slaughterhouse industry, the slaughterhouse must meet all

3
the criteria and regulations set out in the Halal law in Malaysia as in the Malaysian
Domestic Halal Certification Procedure Manual 2020, among the specific
requirements that must be had for animal slaughterers in the industry. is that the
slaughterer must have a valid slaughterer's credential card from MAIN or JAIN, must
ensure that the animal is still alive when the slaughter is done and the number of
slaughterers must be sufficient so that the slaughter process can be carried out
properly to the animal. In addition, due to the large number of animals that need to be
slaughtered and processed in one day, slaughterhouses can use stunning methods to
slaughter animals before they are slaughtered but industrial workers need to ensure
that the volts used are not too high which can cause animals to die not due to
slaughter. Therefore, we as workers in the industry as well as ordinary people need to
have the knowledge of the concept of law and implementation of the Halal slaughter
industry in Malaysia so that the community has the confidence to buy the meat that
has been slaughtered and eat the meat.

4
RESEARCH OBJECTIVES

Among the objectives for the research of this paper are:

1. To learn about the historical background of Halal regulation and also about the laws
and regulation pertaining to Halal Slaughtering Management.

2. To know the competent authorities related to Halal Slaughtering Management in

Malaysia.

3. To identify legal issues in Halal Slaughtering Management and solution measures

for those issues.

5
DISCUSSIONS

1- HISTORICAL BACKGROUND OF HALAL LAW AND REGULATION IN

MALAYSIA

The Department of Islamic Development Malaysia (JAKIM) began confirming

the halal status of Islamic food products and consumer goods in the country in 1974,
when the Research Center, Islamic Affairs Division, Prime Minister's Department
issued halal certification letters to products that met sharia requirements. Halal
certification has been supplied in the form of a certification certificate along with the
halal mark since 1994, and halal inspection has been carried out by Ilham Daya
Corporation, a government-appointed company, since September 30, 1998.

On September 1, 2002, the government decided that JAKIM would fully

implement all halal verification matters through the Food and Goods Research Division
Applied Islam, which has just 28 jobs. With the rapid development of the country's food
business and the present needs of Muslims, the Malaysian Public Service Department
approved a total of 165 posts in various schemes and grades under the new name of
the Halal Hub Division on November 17, 2005.

Halal Industry Development Corporation took over the handling of halal

certification on April 2, 2008. However, on July 8, 2009, the Cabinet agreed that control
of Malaysian Halal certification in and outside the nation should be returned to JAKIM.
The major goal of establishing the Halal Hub Division is to ensure that all items with a
halal certificate or that use halal debate are pure and halal according to syarak. The
main goal of this division is to make Malaysia a hub of credible, nationally recognised,
and international halal certification services.

Furthermore, the quality policy of this division is dedicated to offering Malaysian

Halal Certification services that are efficient, rapid, with authenticity, credible, and
satisfying customer needs based on laws, regulations, standards, and guidelines
relevant to Malaysian Halal Certification management. Parts will also always adopt
continuous changes to improve the system quality management of Malaysian Halal
Certification services in accordance with the Parts vision and goal, as well as satisfy
the criteria of ISO/IEC 17065 standards.

6
 2- LAWS AND REGULATIONS PERTAINING TO HALAL SLAUGHTERING
MANAGEMENT

Slaughter is not just an act of killing animals to obtain a source of raw meat.
Slaughter must be done based on the guidelines set by national law. For Muslims, the
quality and safety of Halal food products must be taken into consideration so that what
we eat does not violate the commandments of Allah. Therefore, halal certification of
products or services is very important for an Islamic country to maintain the well -being
and purity of Islam. Based on the information obtained, there are various types of acts
related to food products namely the Animals Act 1953 (Revised 2006) and the Food
Act 1983.

In Malaysia, the Animals Act 1953 is an act that describes the law of animals in
terms of export, import, care of the environment around animals and others. Based on
the law on slaughter, we can look at Section 51 Movement or slaughter of cattle etc.,
may be prohibited. First, the chief minister of a State may by order prohibit during the
period specified in the order the slaughter of sheep, goats, cattle, chickens or pigs or
any particular class thereof unless having a certain license. Under this section, anyone
who violates the order will be fined RM500 for the offense. In addition, section 86 of
the Power to make rules has also clarified that imported animals or birds must be
inspected with certain prescribed tests and measures. Under this act as well,
manufacturers must regulate any slaughterhouse so that they are not punished by the
act. Therefore, there is a process that must be followed by the slaughterer, namely the
Malaysian Protocol for The Halal Meat And Poultry Production

Based on the Malaysian Protocol For The Halal Meat And Poultry Production,
there is a Halal slaughter process has been shown in 4.5.2 Process Halal Slaughter
is the first step that needs to be done is that the animal to be slaughtered must be
done by a Muslim slaughterer based on the characteristics in Clause 5.3 such as
mentally healthy, puberty, perfect understanding of the rules of slaughter and have
basic knowledge of slaughter in Islam. . Next on this protocol the act of the slaughterer
must be done with intent in the name of Allah and not with intent to other than Allah.
In addition, the slaughterer needs to know about the manufacture of slaughtering the
animal. Then, the slaughter of an animal must be a halal animal as set out in 4.4 in
this protocol. Among the animals specified in this protocol has 2 parts, namely

7
ruminant animals such as deer, camels, goats, cows, buffaloes and sheep and poultry
animals such as ostriches, quails, ducks, turkeys and chickens.

The fourth process, the animal must be alive or known as hayat al-mustaqirrah
at the time of slaughter. However, the animal to be slaughtered must be in good health
and it has been certified by the Competent Authority of the Exporting Country. The
next process, the Muslim slaughterers should mention Tasmiyyah before the
slaughtering process is done so that the slaughter done by him is not angered by Allah.

In addition, when slaughtering animals, slaughterers must sharpen the knife

and keep the knife clean. Once the slaughter has been carried out, the slaughterers
are advised not to do the act of sawing on the animal because according to the
slaughter law, the slaughter must be done only once, and the slaughter knife must not
be lifted from the animal to ensure the status of the animal in a permissible condition.
Based on Halal slaughter, it should be done by starting the slice on the neck that
coincides at the bottom of the glottis i.e., the throat for normal animals and animals
with long necks should be cut on after the glottis. The process of cutting the neck
according to this protocol is that the slaughterer must cut the trachea which is the
Halqum, Esophagus known as Mari’ and also the Wadajain veins which are the jugular
and carotid veins so that the cutting of the veins involved can speed up bleeding.

In conclusion, the rules or acts that have been set for a slaughter must be
followed by the slaughterers. Anyone who violates the rules will be punished so that
those who are guilty will be more sensitive to the production of raw materials in order
to produce a raw material in accordance with the Shariah of Allah. The implementation
of this act will be able to help our society live without doubting the mistakes that happen
to slaughtered animals as well as improve the quality of Halal products to the whole
world.

8
 3- COMPETENT AUTHORITIES RELATED TO HALAL SLAUGHTERING
MANAGEMENT

The Department of Islamic Development Malaysia

The Department of Islamic Development Malaysia (JAKIM) was established

with the consent of the Conference of Rulers in 1968 with the main purpose of
mobilizing the development and progress of Muslims ( Wan Ahmad Fauzi Wan
Hussain, 2018). The function of the Department of Islamic Development Malaysia in
general is responsible for several matters relating to Muslims such as being a planner
who determines the development and progress of Islamic affairs in the country. Apart
from that, the Malaysian Islamic Development Department also functions to maintain
the purity of our religion, namely Islam, and also to maintain the Islamic faith. Next, the
function of the Malaysian Development Department is to implement programs and any
events that can develop the ummah and also the appreciation of Islam in the
management of the country. Ummah development programs that involve regional and
international cooperation are also the role of the Malaysian Islamic Development
Department.

The Department of Islamic Development Malaysia is one of the authorities that

has the legal authority in managing the halal field such as the field of slaughter. The
Department of Islamic Development Malaysia is a benchmark or place to refer to the
public regarding halal products and services in Malaysia. In terms of slaughter,
authorities such as the Malaysian Islamic Development Department will conduct
update operations for slaughterhouses in Malaysia. That way the public will know
better which slaughterhouses follow the halal guidelines in Islam.

Basically, the Department of Islamic Development Malaysia provides guidance

to slaughterhouses such as certification must comply with MS1500: 2009 Halal Food,
Malaysia Protocol for Halal Meat and Poultry Productions and also the prescribed acts.
For guidance on management, the applicant must establish an Internal Halal
Committee, appoint a Halal Executive, appoint a Muslim halal inspector and also
appoint a minimum of two Muslim butchers. Among the guidelines for other
requirements are such as clean slaughterhouses according to the criteria of the
authorities, slaughterers have a valid halal slaughter certificate, parameters for electric
shock for stunning must follow the requirements of MS1500: 2009, and Muslim Halal

9
inspectors must attend halal slaughter courses and work throughout the time the
slaughter is carried out.

The Department of Veterinary Services

The Department of Veterinary Services is one of the authorities responsible for

animal welfare, disease control and the livestock industry in the country. Initially, this
department was called the Department of Veterinary Services Malaysia but due to the
larger and wider scope of responsibilities then on 24 May 2008 the name of this
department was changed to the Department of Veterinary Services. In addition, the
Department of Veterinary Services is a department under the Ministry of Agriculture
and Agro -based Industry.

The Department of Veterinary Services is responsible for halal certification with

respect to meat imported from foreign countries. The Department of Veterinary
Services in collaboration with the Department of Islamic Development Malaysia and
the Ministry of Health Malaysia will conduct research on slaughterhouses abroad to
confirm their certification. The operation will be attended by three officers from the
Department of Veterinary Services, the Department of Islamic Development Malaysia
and the Ministry of Health Malaysia. The task of the three individuals is to check the
condition of livestock, check the safety of livestock feed and ensure that the
slaughtering procedure is in accordance with Islamic law ( Farah Mohd Shahwahid,
2015 ).

The Department of Veterinary Services is one of the competent authorities in

the scope regarding animals as well as slaughter. Therefore, apart from having
responsibilities in halal certification for meat imported from abroad, there are also other
responsibilities. Among them are such as controlling, preventing and eliminating
animal and zoonotic diseases. In addition, training for the livestock and pet industry is
also the responsibility of this department. Within the scope of the abattoir, the
Department of Veterinary Services is responsible for inspecting the abattoir. This
inspection is done to ensure that the slaughterhouse is in accordance with the set
standards. Other functions are such as being responsible for the development of
livestock production and animal health as well as veterinary health and controlling
animal welfare and conservation of animal genetic material.

10
The Ministry of Health Malaysia

The Ministry of Health Malaysia is the competent authority in working with the
Department of Islamic Development Malaysia in managing halal certification for local
and foreign parties. The Ministry of Health Malaysia also has a role and responsibility
in ensuring the safety of medicines, supplements and food products. If according to
the prescribed act such as the Food Act 1983 if a product wants halal certification, it
must be approved by the Ministry of Health Malaysia. This is because the Ministry of
Health Malaysia is responsible for providing such certification and such certification
can only be used for health supplement products and food products ( Farah Mohd
Shahwahid, 2015 ).

In terms of the role of the Ministry of Health Malaysia in the safety of foreign
slaughterhouses, the Ministry of Health Malaysia is responsible to applicants for the
recognition of Halal certification abroad. The Ministry of Health also has a role in
providing standard operating procedures (SOP) to slaughter activities if there is a virus
or a dangerous disease in our country. As an example we can see when the covid -19
virus hit our country, the Ministry of Health worked hard to provide Standard Operation
Procedures to ensure that slaughtering activities run safely. As slaughtering activities
must obtain a Veterinary Health Certificate (SJV) and a livestock slaughter permit from
the State or District Veterinary Office, the slaughtering and butchering process must
be carried out at an authorized slaughter location.

The Royal Malaysian Customs Department

The Customs Act 1967 and the Customs order prohibition on imports 1988 have
given the responsibility to the Royal Malaysian Customs to take care of the issue of
importers and the entry of products from abroad ( Farah Mohd Shahwahid, 2015 ).
The role carried by the Royal Malaysian Customs Department is with respect to the
'Cross Border Agency' whose job is to carry out Halal enforcement for the entry of
goods that will enter Malaysia from abroad and also goods from Malaysia that will go
out abroad. This task will be carried out jointly with other departments such as the
Department of Veterinary Services and the Department of Islamic Development
Malaysia.

11
 The Royal Malaysian Customs Department collaborates with the Malaysian
Islamic Development Department in carrying out several important tasks at the port.
This collaborative effort is much needed because for the task at the port it is a huge
responsibility. Among his duties is to inspect and monitor all meat and meat -based
products that enter the country to ensure the halal legitimacy of the meat and products.
To ensure this task runs smoothly, the Royal Malaysian Customs Department provides
training to officers of the Malaysian Islamic Development Department who will
shoulder this responsibility before the officers are sent to carry out duties at the ports
to be designated ( Farah Mohd Shahwahid, 2015 ).

12
 4- LEGAL ISSUES IN HALAL SLAUGHTERING MANAGEMENT AND
SOLUTIONS

Islam is more than a religion. It is a way of life. The privilege of supplementing

one's diet with animal protein entails a responsibility to animal welfare, both during the
animal's rearing and slaughter (Bleher, 2000). Fallon in 2000 has cited that Modern
Western farming and killing, on the other hand, is geared toward the mass market and
sees the animal as a commodity. Islamic halal killing has inevitably come under fire,
particularly from animal rights organisations. There can be no denying that there are
various issues of doubt about the lawfulness of the status of slaughtered animals that
occur both locally and internationally within the scope of imported meat. One of the
issues, In Germany, the United Kingdom, the Netherlands, and Denmark, animal
welfare and veterinary circles are debating the issue about the Islamic halal slaughter
has under attack cause of pre-stunning the animal before doing the slaughtering
Because it is the most delicate procedure in the transformation of an animal into a
piece of meat fit for human consumption, this approach is used. In this setting, there
is growing confusion and dispute over the extent of animal pain and the use of the
stunning approach (Maussen, 2006). There are no clearly enforced official norms and
activities in many jurisdictions in this regard, indicating a lack of regulation. Making an
incision across an animal's neck, which severes its vital arteries, is the procedure
commonly used by Muslims to murder an animal. In fact, reputable sources have
indicated that this way of butchering an animal is less painful than any other. As
previously mentioned, a team from the University of Hanover in Germany investigated
these allegations using EEG and ECG recordings taken during slaughter. They found
that animal slaughtering according to halal method is the least painful method for the
animal. However, a plurality of opinions on the matter is inevitable.

Other than that, there was also the issue of slaughter that took place in Malaysia
in December 2018. The issue raised at the time was the halal status of slaughter
chickens on the Malaysian market which resulted from the contamination of a video
showing live chickens being deflated at one of the wet market locations in Rawang
before being sold to the public and a video of slaughter chickens in Tesco supermarket
allegedly not being slaughtered according to Sharia law. Halal Law Enforcement and
the Selangor Department of Islamic Religion conducted an operation to address this
issue at a supermarket in Rawang that week and found the results of the report that

13
the relieved chicken was sold to non-Muslim customers only in addition to placing a
"non-halal" marker on the premises to avoid confusion among Muslim users.
Meanwhile, the video controversy over the halal validity of slaughter chickens sold in
Tesco stores stems from a public misunderstanding of the impact of head pullers on
slaughter chickens, which makes it appear as if hens are not slain in accordance with
sharia law. Referring to this, this headpuller method aims to avoid the loss of too much
neck skin and maximize the final product of the chicken purchased even if the condition
of the chicken looks long dotted neck skin. This often leads to public confusion where
slaughtered poultry products appear to have not been slaughtered. However,
processed chicken that is certified halal Malaysia has undergone strict inspection in
terms of technical and sharia. The public is advised not to make hasty assumptions
without a thorough inspection motion and a clear understanding of the product.

Besides that, Sophia Ahmad in December 2020 has cited an issue in Berita
Harian (BH) news about the issue of the contraband import meat cartel as well as its
lawful status which provoked the concern of Muslims in the country including political
leaders, business chambers and consumer associations. There are various suggested
proposals such as establishing a team to investigate the activity of the imported meat.
In addition, the general public applied to disclose the brand labels used by the cartel's
meat producers to stop the purchase of those products. BH also reported sources
close to the investigation of the case involved, claiming the cartel had 'insiders' at all
stages of the procedure and checks at the entrance, leaving them immune to operation
since. In Johor, there are allegations that are evidence where false halal marks have
been used that are believed to be the result of the re-packaging of the seizure of 30
tons of frozen cold meat. This matter has been suspected of being assisted by some
irresponsible public officials and of misusing their powers in aiding this illegal
upheaval.

14
CONCLUSION

In conclusion, the management of Halal slaughter is not as easy as we thought,

it requires various responsible parties in helping to maintain the purity of the raw
material products. Created laws are also not a useless thing in daily life. It has a lot of
positive impact on the Muslim and non -Muslim communities, such as providing good
quality raw material products. In addition, there are also irresponsible parties in the
management of Halal slaughter which cause them to be willing to violate the law or
act that has been set for personal gain. When too many disregard the law, then
slaughter-related issues arise as has been stated in our assignment. However, the
Muslim community is now doing its best to ensure that the problems that once occurred
can be resolved in various ways such as tightening regulatory oversight. Therefore, as
Muslim consumers we need to have a high awareness in the management of Halal
slaughter so that we can take care of the well -being of Halal products well.

15
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APPENDIX

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21