ISH 300 MALAYSIAN HALAL LAWS

ACADEMY OF CONTEMPORARY ISLAMIC STUDIES

 Halal Certification is a process by a Government, controlled by an agency or a credible
Islamic organization certifies (Board) that makes a company's products can be lawfully
consumed by Muslims. Those who meet this criteria for the certification are legally to
use the Halal symbol on their products and for advertising.

 Halal Certified logos on a label is often seen by Muslim customers as a sign of

trustworthy that the products are save and free from prohibited ingredients.

 Halal certificate is an assurance that a particular product has been thoroughly

investigated and found to conform to the Islamic Shariah Laws and therefore is suitable
for use by Halal consumers. Products certified as Halal by the Board can utilise the
registered trademark Halal logo.
It is outlined in the booklet by JAKIM on General Guidelines On The Slaughtering Of Animals And The
Preparation And Handling of Halal Food (2001) that the examiner will only confer Halal status when he is fully
confident and satisfied beyond any reasonable doubt on every aspects of the examination. The examination
should not create or give rise to any question or doubt and the examination process has covered all aspects of:

 Preparation

 Slaughtering

 Processing

 Handling

 Storage

 Transportation

 Cleaning

 Disinfection and Management Including Intentional Practices.

 The Halal Stamp of Malaysia

 Jakim (Jabatan Kemajuan Islam Malaysia) introduced its new

Halal Stamp in October 2003. The new stamp is the
standard stamp used by all states in Malaysia in contrast to
the earlier one where each state has its own stamp.

 The original colour of the Halal Stamp is black and white.

However, certificate holders can choose any colour they wish to
suit their need.

 The code number printed within the circle indicates the

Malaysian State that issues the certification.
 In Malaysia, one of the main
challenges to the government is in
the area of enforcement.
 The lack of enforcement by the
Department of Islamic Development’s
(JAKIM)
 personnel in monitoring the usage of
certified halal logo has caused the
public to question the validity on
some of the products or services
claiming to be halal.
• The speed of issuing halal logo is
another challenge facing JAKIM.
Currently JAKIM does not have a
full-pledge research and
development (or technical) unit
which is able to process each halal
application promptly. JAKIM or its
state-subsidiary (note that each
• Malaysian state has its own
Department of Religious Affairs)
would need to get assistance from
a third party to commission lab
testing and analysis as well as to do
an on-site inspection. This third-
party normally involves food
technologists, chemists or experts
from local universities.
 Provide an understanding of the concepts and laws of halal to Muslim and
non-Muslim entrepreneurs. There are still many who do not understand
the depth of the concept of halal legislation. This is evident when there
are still entrepreneurs who openly use statements like Halal guaranteed,
pork / alcohol-free, Muslim-made, bumiputera products and any
statement to mean that those products have halal certification from
competent authorities.

For example, in food courts in most business complex, non-Muslim

businessmen will put Muslim workers or cooks in front of the counter.
They think that is sufficient to show that their premises are halal.
 There are manufacturers and individuals in the society who opines that it is the
responsibility of the authorities to ensure that all products are certified as halal. This
statement is inaccurate because in Malaysia, the halal application isvoluntary. The
government will not force manufacturers toapply for Halal certification but left the
decision then,whether they want their products to be certified as halal or not.

 For example, every time there is a halal related case that becomes viral, people will
simply blame JAKIM even though the halal enforcement is inter-agency and at times, the
manufacturers of such products have never apply for Halal certification and have never
make a statement that their product is Halal. It only becomes an offense if the
manufacturers who do not apply for confirmation use fake certification.
 Low levels of awareness and lack of concern about the implementation of
the Halal industry are the two major factors that justify the scenario of
many manufacturers, especially Bumiputera who are still reluctant to
apply forHalal certification.
 This could hurt the operators themselves as well as the small and
medium enterprises industry (SMEs). For example, based on the
information obtained from JAKIM in 2009, it is found that as many as
1,907 applications are received from entrepreneurs to obtain the halal
certificate. However, only 622 out of the 1,907 applications are received
from Bumiputera manufacturers while the rest are from the non-
Bumiputera.
Out of the 622 applications, only 301 managed to get the halal
certificate. This number is very small compared to the actual number of
active Bumiputera SME entrepreneurs in the country.
 Combating offenses related to Halal certification.
Among the issues that often arise are:

i. the use of fake halal certificates;

ii.the use of halal certificates from foreign entities that are not recognized,
or the recognition has been suspended / revoked;
iii.the misuse of the halal sign / logo / certificate (This includes the issue of
using DIY Halal signage, exhibit a certificate of attendance for Halal training
courses that indicate the products are certified as Halal)
iv.the spreading false and inaccurate information and without confirmation
from JAKIM.
Specific measures should be taken to solve the following problems as it
negatively affects the development of the Halal industry in Malaysia. The
solid cooperation between agencies involved in disseminating accurate
information to the public and also in carrying out the task of monitoring and
enforcement
  Halal fraud, something that being sold
and buy without following halal
certification standard. In fact, the
producer or vendor know the reality of
CERTIFICATI halal certification standard.
ON FRAUD  There are other forms like organic fraud
or kosher, where non-organic food is
sold as such or food is sold as being
certified under Kashrut, Jewish dietary
laws. It doesn’t affect everyone, but
such foods generally involve a premium
and one should get what they pay
money for.
 food certification fraud are known in
“kosher and “organic” certification
scams as well.
 Halal fraud is nothing new. A large halal fraud scheme was uncovered around the
same time in South Africa, according to the Independent Online, a reputable
paper of that country, as a large meat supplier, Orion Cold Storage, was found
selling non-halal meat as halal. It included pork, totally forbidden by Islamic law.

 It isn’t just halal fraud, either; food certification fraud is everywhere.

 Organic fraud is also out there. A survey in Suffolk, England, according to the
Daily Mail, found in 2011 that one-fifth of all “organic” items from restaurants
and supermarkets were anything but regardless of the type of food fraud, a lot of
people aren’t getting what they paid for and the sources for where people get
what they eat, don’t want them to. They sure want people to pay more for it
though.
 PETALING JAYA: A US businessman was jailed for two years over fraud in the export of beef products
to Malaysia and Indonesia that did not meet halal standards.

 According to a report, 74-year-old William Aossey Jr received the jail sentence and a
US$60,000 (RM252,000) fine from a US District Judge on Thursday.

 Last year, Aossey was convicted of ordering his employees to alter packaging labels of export beef
products of Midamar Corp, the halal food company he founded 40 years ago in his hometown Cedar
Rapids, as they did not meet Malaysian and Indonesian halal standards.

 The report said the offending products came from a slaughterhouse in Minnesota that was not
approved for importation by Malaysia and Indonesia.Instead, Midamar staff changed the products’
slaughterhouse federal establishment numbers to that of an approved slaughterhouse in Nebraska.

 An investigation on the matter also led to charges against Midamar, a halal certification organisation
as well as two of Aossey’s sons.
 Example of halal certification
fraud which look same and
normal to the person who didn't
know the real certification.
• Halal issue is starting to get the place and attention in the market, and it is very
influencing in marketplace particularly in most Islamic countries. Among halal issues
that arisen are including improper hygienic practice at processing premises and also
the expiration of halal certification.

• At the same time, halal logistics capabilities are critical in ensuring that the halal
integrity of the supply chain works from farm to fork. Since 2003, halal issues has been
discussed and obtained highly attention by the Prime Minister of Malaysia

• In today’s global market, the concept of halal can no longer be restricted to simply
meaning food that is ‘pork free’. In noted that it covers a multitude of forms such as
emulsifiers and other food contents e.g. gelatine, enzymes, lecithin and glycerine as
well as additives such as stabilizers, flavourings, colourings, breadcrumbs etc. These
contribute to food that has been enhanced or added by doubtful substances or animal
enzymes in to halal food products and questionable in Islamic law.
 PETALING JAYA (THE STAR/ASIA NEWS NETWORK) - Restaurant chain Secret Recipe's halal
certificate has been revoked, Malaysia's Islamic Development Department (Jakim) confirmed.
The department, however, clarified that the withdrawal was not due to "haram ingredients"
but over issues of cleanliness.

 "We had to revoke the halal certificate because there has been a violation to the Malaysia
Halal Certification Procedures Manual that involves serious cleanliness issues. She said Jakim
had summoned the company over the offences.

 "They have promised to take immediate action on this matter," she said, adding that the
company could apply for a halal certificate once the requirements are met.

 "Jakim will reassess their application according to Malaysia Standard 1500:2009 and the
Malaysia Halal Certification Procedures Manual," she said.
'NEMATODA'
 The Ministry of Health Malaysia (MOH) took note of
the reports on the social media sites related to
dead worms found in canned sardines products
from China. The report stated that the Food and
Drug Administration (BPOM), Indonesia, directed
three (3) importers of canned sardines products to
withdraw their products from the market after the
tests showed that dead worms were found in their
products imported from China.

 MOH through Food Safety and Quality Division is

constantly conducting monitoring on imported food
products including canned sardines and canned
mackerel. In this issue, the analysis results found
the TL Tan Lung branded Canned Sardines in
Tomato Sauce company Fujian Yongfa Co. Ltd and
Tark branded Sardines in Tomato Sauce company
Dongshan Dongyi Foods Co. Ltd. from China does
not comply with the Food Act 1983 for containing
impurities ie nematoda.
 However, what is the nematode actually? Here's what you need to know:

 Nematodes are a type of worm from genus anisakis spp that live in marine life cycles
such as fish and mammals.
 It is long round and looks like a thread.
 Nematodes have more than 1,500 species worldwide.
 These nematode worms are more commonly associated with plant pests.
 Methods of nematode attacking plants are by preventing the movement of water,
nutrients and nutrients that dampen crop growth.
 These nematodes can adapt to any situation such as seawater, clean water, soil
and tropical areas.
 There are four types of nematodes that live in Malaysia namely Nematoda Puru
Akar,
Nematoda Reniform, Nematoda Lession and Nematode Root Rice.
 This worm is a parasite and can cause humans to be attacked by Anisakiasis.
 Anisakiasis will cause a person suffering from fever, body aches and diarrhea when
exposed to this infection.
ISSUE IN
HALAL
CERTIFICATIO
N
1
The "halal egg" issue which went viral on
social media recently has gone
overboard, according to the Department
of Islamic Development Malaysia (Jakim).

In a statement, Jakim's halal hub division

said the action by some egg producers
placing the halal logo on each egg was
against regulations relating to the halal
label (TDA 2011 section 29).

For information, the Malaysian halal

certificate is issued for chicken eggs to
avoid dubious elements in its cleaning
and packaging process.
2
Perak's Domestic Trade, Cooperatives and
Consumerism Ministry (KPDNKK) raided a business
premises in Gopeng near here and confiscated the
factory's shrimp cracker products for using a
doubtful halal logo.

The raw crackers were brought in from Indonesia

and fried in the premises before being marketed
at RnR along the Tapah route to Tanjung Malim.

JAIPK have also confirmed that the company has

never apply a halal certificate for the shrimp
cracker product

Reverses the law under the Trade Descriptions Act

2011 because use fake halal logo and did not
have approved halal certificate.
COSMETIC PRODUCTS FOUND
TO CONTAIN SCHEDULED
POISON
NO Product Name Notification Scheduled Name of
Number Poison Detected Notification
Holder

1. GG Pinky Day Cream for NOT170201663K Mercury One World

Skin Cosmetics

2. Tati Therapy Cream 1 NOT170505953K Mercury

HDY Aylia
Resources
3. Tati Therapy Cream 2 NOT170505954K Hydroquinone
and Tretinoin
DESCRIPTION ABOUT SCHEDULED POISON AND ITS IMPACT ON HEALTH
 Products containing hydroquinone and tretinoin are classified as pharmaceutical products
that requires registration with the Drug Control Authority (DCA) and can only be used under
the
advice of healthcare professionals.
 Cosmetic products adulterated with hydroquinone are typically marketed for skin
lightening,
as well as, to treat blemishes and uneven skin tone. Hydroquinone can cause skin redness,
discomfort, skin discolouration and hypersensitivity. Hydroquinone inhibits the pigmentation
process
(depigmentation) which reduces the skin’s ability to be protected from harmful UV rays,
thus,
increasing the risk of skin cancer.
 Cosmetic products adulterated with tretinoin are commonly promoted for use in acne
and to
reduce wrinkles. Preparations containing tretinoin should only be used under the supervision
of
healthcare profesionals. The unsupervised usage of tretinoin can cause redness to the skin,
discomfort, stinging, peeling and sensitivity to sunlight.
WARNING TO VENDORS AND DISTRIBUTORS OF THESE COSMETIC PRODUCTS
 All sellers and distributors are warned to stop sales and distribution of these
products immediately. All sellers are reminded that selling or distributing
these cosmetic products is an offence under the Control Of Drugs and
Cosmetics Regulations 1984.
 Any individual who commits an offence under these Regulations can be fined up to a
maximum of RM25,000 or to imprisonment for a term not exceeding 3 years or
both, and for a second or subsequent offence, shall be liable on conviction to a fine
not exceeding RM50,000 or imprisonment for a term not exceeding 5 years or
both. A company found guilty can be fined up to RM50,000 for the first offence
and fined up to a maximum of RM100,000 for subsequent offences.
Starbucks prohibited???
DESCRIPTION OF THE ISSUE VIRAL AUDIO STARBUCKS IS NOT HALAL

21 RABIULAWAL 1438 H
21 DECEMBER 2016 M

 Starbucks's non-halal viral audio is spread among netizens.

 A 10-minute, 29-second viral audio allegedly from a lorry driver was also shared by netizens stating the
ingredients from a non-halal source

 It should be noted that the management and control of raw materials vary according to country and
Starbucks in Malaysia is the holder of Malaysia's Halal Certification Certificate.

 The Malaysian Halal Certification Certificate production procedure (SPHM) has taken into
consideration
the halal status of each ingredient and related processes in the production of a product carefully by the
Syariah Specialist and Food Technology.

 For further information, halal certificates are given on the premises. Consumers are advised to choose
food premises that display the halal logo with valid dates.
CASES

 ALL CHOCOLATE, VANILA, COFFEE DRINK

,COFFEE BEAN AND STARBUCK CONTAIN E471
(EMULSIFER 471).
 THE TIRAMISU HAS RUM.
 THE RASPBERRY FRAP MIX WITH ARAK AMP.
5
6
HOW TO KNOW I T FROM PIG OR NOT ?
 A Chinese woman claimed she found a mouse tail in her • The woman has publicised her case on
half-eaten ice lolly – and then challenged the store owner
to eat it if he wants to avoid a compensation claim.
social media and gained widespread
support among commenters.
 The woman, from Huaian in Jiangsu province, said she
would not pursue any claims if the supermarket owner
where she bought it finished eating it, the Modern • “It’s too disgusting. She can definitely
Express reported. demand compensation for
 The woman, who was not named, said she threw up after
psychological trauma,” one person
trying to eat the ice lolly on Tuesday, according to the wrote.
report.
 The supermarket initially suggested 800 yuan (US$126) in
• The producer of the ice lolly, a
compensation, but later raised the sum to 2,000 yuan. Shandong province-based company
which was not named, questioned the
 The woman refused and took the matter to the local
consumer affairs department. woman’s claim, saying it would be
impossible for its product to be
 An officer told her the supermarket could only offer
contaminated in such a way, the
1,000
a medical examination if she wanted to pursue
newspaper reported.
yuan at most in compensation and suggested shelegal
action.
undergo
HALAL OR NOT ? ? ?
For information, Magnum Ice Cream has a Foreign Halal Certification
Certificate recognized by JAKIM, the Indonesian Ulema Council (MUI) and
The Central Islamic Committee of Thailand (CICOT).

In addition, halal certification from the South African National Halaal

Authority (SANHA) is one of the halal certification bodies recognized by
JAKIM in South Africa

This issue is due to the misconception arising from the use of ingredients
from Code E 471 that said from illegal sources.

If the product has a Malaysian Halal Certification Certificate or a Certified

Foreign Halal Certification Certificate by JAKIM, it can be used without any
doubt even if it has Code E.
WHAT YOU THINK
AROUND SOCIETY
KNOWLEDGE
ABOUT HALAL?
• Muslims consumer get lack of information about halal especially based on food they consume
because of their behavior or attitude which are do not want to know the new or latest information
or issues about halal’ problems.

• For example, the teenagers especially like to explore the other websites when surfing Internet
rather than go to the useful websites such as JAKIM or halal in order to explore and get the more
and detail information about halal.

• Community such as citizens get lack of information about halal certification because of the
problem in term of they cannot read or do not know how to use the technology like computer or
surfing Internet. Plus, their children never share the information that they got with their parents.
So, because of that they do not get the latest improvement and issues about halal certification and
halal logo.
• When the Muslims consumers have the lack of information they got confused in
identifying the halal logo. That is because of lots of fake halal logo in the business field
or the introduction of halal logo by private firms.

• This confusion could be due to use of the Arabic or Jawi character on the packaging label
for the same reason whereby there is usage Malay or Arabic or Islamic brand name. So,
the Muslims consumer get more confused to compare the JAKIM halal logo or fake halal
logo if they do not have the information about that.

• Some Muslims consumers have lack of information or knowledge and do not totally
understand the rationale behind the halal certification and halal logo. So, they need to
know or well understand about the certification which is the products that produces by
the manufacturers are going halal.
• The next problem related to halal’ issue is about safety. As we known, there are a lots of food
products in the market. They are because of the advance development in food technology had
progressed too much and getting more complicated.

• All types of ingredients had been used in foods which are difficult to be understood by the
public. Sometimes, the food products contain many of flavour, food colouring, stabilizer, acid
and many more which are not totally halal and not safe or quiet danger to customers when
consume the products.

• Muslims manufacturers in Malaysia not follow the halal guidebook or never apply halal
application to get halal certification and halal logo from JAKIM. A fact shows that most do not
apply for any halal standard or certification because of their perception that foods produced by
Muslims are automatically halal even they do not know the food products that they produced
are totally halal, safe and health for consumers.
Lack of knowledge and awareness of the industry players.

• Almost all the groups put the issue of lack of knowledge and awareness as the most important
issue as a factor inside the institutions which hinder their effort to meet halal standards.

• Religion understanding which is owned by the entrepreneurs are still limited in performing
routine daily ritual. Introducing the concept of halal assurance system to them is something
new so it needs long time frame to accomplish. This fact can be understood, as based on
research by Aris et al. (2012), that even in relatively highly educated people, a specific concept
in Islam is still not widely understood.

• In addition, in the predominantly Muslim environment, in which they perceive themselves as a

Muslim community, they tend to be less concerned about halal matter because they think what
they take is undoubtedly halal (Wilson and Liu, 2010). Salman and Siddiqui (2011) and
Rajagopal et al. (2011) also discovered the same facts.
According to Wan-Hassan and Awang (2009), the low interest of restaurants to do halal
certification is caused by the lack of information about the halal concept required by the industry.
Aris et al. (2012) emphasized that concepts related to halal and haram are not well-informed to
Muslim yet.

The same issue also raised by Marzuki et al. (2012). In traders’ understanding, being halal is
understood merely as food with no pork content. If the product does not contain any pork, than it
should be considered as halal (LPPOM MUI, 2013). Poor knowledge and skills about the
standards is also found in the implementation of food quality certification such as HACCP and
Environmental Management System

In this study, entrepreneurs’ indifference is caused by several things such as their ignorance of
the importance and benefits of halal certification, no significant difference to the income or the
fear of losing money. For some people, the halal certificate is not required because they are
convinced that the product is certainly halal or otherwise, fear of getting caught that the products
are not halal.
MUSLIM CONSUMER GET EXPLORE OF JAKIM
LACK OF INFORMATION WEBSITES

NOT RESPONSIBLE ABOUT

LACK OF GADGET SKILLS
HALAL
• Muslims consumer get lack of information about halal especially based on food they consume
because of their behaviour or attitude which are do not want to know the new or latest
information or issues about halal’ problems.

• For example, the teenagers especially like to explore the other websites when surfing
Internet rather than go to the useful websites such as JAKIM or halal in order to explore and
get the more and detail information about halal.

• Community such as citizens get lack of information about halal certification because of the
problem in term of they cannot read or do not know how to use the technology like
computer or surfing Internet. Plus, their children never share the information that they got
with their parents. So, because of that they do not get the latest improvement and issues
about halal certification and halal logo.
 THE FUTURE
PROSPECTS
FOR HALAL
CERTIFICATION
CONCLUSION