SHARIAH & MALAYSIAN HALAL CERTIFICATION

By: Lokman Ab. Rahman

INTRODUCTION

Malaysia is a nation that comprises various ethnic groups that have blended well throughout the development of our civilization. The Malays are the indigenous race making up the majority of the population. Malays are generally known as Muslims. However, the Chinese and the Indians are the other major races that make up less than half of the population. They are in general non-Muslims, mostly Buddhist, Hindus, Christians, or others.Although the Muslims are the majority by a small margin, their places and interest are strengthened by the constitution that has provided Islam to be the official religion of the country. The existence of other religious faiths however are well tolerated and acknowledged.[1]

In this pluralistic society, the Muslim are very sensitive towards their faiths and beliefs especially when it concerns the food that they take and the issue of halal and haram.[2] In this sense, food and consumer products are the contributing factor towards the unity of disunity in the society of multi racial, religious and cultural background.

Technology innovations have brought about a lot of changes in the product development sector and preparation of more complex food. This means that Muslim, as consumers, have to be more aware and knowledgeable about products available in the market. Knowing only the composition or contents of a certain food is inadequate. The situation has become more compelling when they are non-Muslim manufacturers arbitrarily using the halal labels without prior approval and consent from the relevant authorities.

To overcome this problem, Committee For The Study of Food and Materials Used by Muslim was formed. The panel consists of religious scholars and professionals. For the monitoring and coordination purposes, this committee is formed at both states and Federal levels.

Nowadays to ensure a Muslim consumer genuinely getting the halal products, when there is a flood of products with unauthorized halal labels, is quite difficult. This is due to the fact that the basis of consideration used by the manufacturers to approve the product is not known to us. Identifying and approving halal on the substances in the various food products a tedious task as the approval has to be given based upon costly laboratory test results.The problem and difficulties faced by the Muslims consumers have negative impact on the faiths. As such, problem arising will be channeled to the Committee For The Study Of Food and Materials Used By Muslim, at the states or federal level. The National coordination is handled by the Department of Islamic Development in the Prime Ministers Department .

THE BACKGROUND ON THE FORMATION OF THE HALAL APPROVAL COMMITTEE.

Prior to this, a panel or committee to handle the approval of products available in the market, in the interest of Muslim consumers was non-existent. The formation of such panel is important to ensure that consumers are hindered from products which they should refrain from. This is because they sometimes make purchases based upon their limited knowledge and inaccurate information available. This situation will lead them into buying something that they basically do not understand. From this, we can draw a simple conclusion that all along, Muslim have been coaxed into using food substances that are doubtful when they are careless. This is the consequence of taking the situation for granted without realizing that there is a panel or committee responsible in handling and overseeing the products used by Muslim consumers. These controversies create doubts among the Muslim society and issues about it has been publicized in the newspapers, magazines and direct queries have been made to the State Religious Departments or The Islamic Religious Affairs Departments, Prime Minister’s Department.

Realizing that such issue is important and sensitive, the Islamic Affairs Division in the Prime Minister’s Department has formed a “Halal-Haram Committee” (now known as Islamic Development Department of Malaysia) in 1982.[3] This has since be renamed Committee For The Study of Food and Materials Used By Muslims by the Conference of Head of Departments or Islamic Religious Council at their 25th Conference.

When this was presented to the ad-hoc halal-haram committee, it was then decided that they had to come out with several alternatives in order to set up entity with the legal authority. Among other suggestions considered was to set up a state level Research Committee with respect to the Islamic food and consumer goods. This is also in line with the proposal made by Attorney General Office that a halal-haram Board be formed at the states level. This was put forth to the 36th Conference of Islamic Religious Council and Heads of Departments on 31st March 1988 in Kuching. It was suggested that Committee For The Study of Food and Materials Used by Muslims at states level be formed.

COMMITTEE APPOINTMENT.

This committee was appointed under the Islamic Food and Consumer Goods Research Division, JAKIM, in the Prime Minister’s Department. The members of the committee comprise of delegates from the Islamic Council of the various states, professionals in the government’s departments, corporations, and private sectors and higher learning institutions. The appointment of professionals with different expertise and skills is important because the determination of halal-haram status of products requires expert knowledge in the fields of food technology, chemical, pharmacy, health, biology and applied sciences. Cooperation from officers in the Enforcement Unit, Ministry of Internal Trade and Consumer Affairs. Involvement of Ministry of Housing and Local Government is also crucial. To assist research, laboratory tests are carried out in the Malaysian Agriculture Research and Development Institute (MARDI) labs and other laboratories at the local universities and Chemistry Department. At the state level, participating members are from the similar position as those at the Federal level. It is presided by the Director of the State Religious Department. The secretariat to the committee is usually those in the Research Department of the Religious Department.

SCOPE OF AUTHORITY OF THE COORDINATION COMMITTEE.

Committee For The Study of Food and Materials Used by Muslims in the Prime Minister’s Department coordinates matters arising with regard to food and products. This committee gives advice and recommendations on issue related to the concerned parties. At this level, the committees scope of jurisdiction covers :[4]

  1. Conducting researches on food and beverages to ensure that it is fresh and halal.
  1. Conducting researches on the food substances and ingredients in certain prepared food to assess the haram-halal status.
  1. Conducting researches on products used by Muslim consumers such as clothing, drugs, cosmetics and detergents to ensure that they do not contain any haram substances.
  1. Inspecting premises of local food processing facilities, abattoirs, storage facilities etc to ensure that are suitable and comply with the requirements prescribed by Islam.
  1. Inspecting and assessing the food and beverages preparation and cooking methods and practices to ensure that they are acceptable.
  1. Providing statements or the result of the researches, inspections and assessments.

Based on above functions since 1974 experiences and skills, Islamic Development Department of Malaysia (JAKIM) and Islamic Department of State (JAIN) have played an important role in the management of halal certification on behalf Malaysian Government for a long time. The Government fully realizes how vital it is for halal certification to be administered in the best way possible.

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THE SOURCES OF SHARIAH LAW.

Indeed, the halal certification purely based on shariah law. The word of shari’ah in Arabic is derived from shari’a, meaning lawgiver, God whose divine word is the first Islamic Law. [5] The shariah sources are the sources of Islamic jurisprudence. There are four sources that are agreed upon: the Quran, the Sunnah (traditions of the Prophet), consensus of opinion and analogy, which will be explained as bellow: [6]

i. The Quran.

The Quran, the fundamental source of Islamic jurisprudence, is the Book of God which says : “The revelation of the Book whereof there is no doubt is from the Lord of the worlds” (32:2), “Lo ! We reveal unto thee the scripture with the truth, that thou mayst judge between mankind by that which God showeth thee. And be not thou a pleader for the treacherous” (4:105), “Nor doth he speak of (his own) desire. It is naught save an inspiration that is inspired” ( 53:3 – 4).

ii.The Sunnah

The sunnah consists of those sayings, deeds, or tacit approvals which are related to the founder of the Islamic shariah. For this reason it is divided into three parts: the first, al-sunnahal-qawliyah, is the traditions or al-hadith, which are the statements and the sayings of the Prophet; the second, al-sunnah al-fi’liyah (the traditions of deeds), is derived from the deeds of the Prophet, and the third, al-sunnah al-taqririyah (the traditions of tacit approval), is taken from the Prophet’s silence or tacit approval regarding deeds which had occurred with his knowledge.

iii. The Ijma’

Consensus of opinion (ijma’) is regarded by the majority of jurists as the third sources of shariah after the Quran and the sunnah. It is the agreement of the Moslem jurist consults in any particular age on a juridical rule. The jurists have based their recourse to consensus upon Quran and sunnah texts as well as upon reason. The following are the main bases in brief :

a.First, Quran texts.

b.Second, Traditions.

c.Third, What the Muslims see good.

d.Fourth, reason.

iv. The Qias

With the conquests and the expansion of the Islamic state, and as centuries went by, new cases occurred which were not provided for in the Quran, the sunnah or the consensus of opinion. The jurists found themselves compelled, in seeking solutions, to have recourse to reason, logic and opinion. In this pursuit, however, they were not entirely free or unrestrained for they had to adhere to scientific rules and premises which they classified in a new category known as analogy. Analogy thus became the fourth source of the Islamic shariah.

SHARIAH AND HUMAN WELFARE.

The shariah, gives priority to human welfare over human liberty. Muslim as well as non-Muslim state are duty bound not to exploit common resources to their own advantage, destroy good producing land, and ruin the potential harvest or encroach upon a neighbor’s land. Since a man in Islam is not merely an economic animal, each person’s equal right to life, and to a decent level of living, has priority over the so called economic liberty.[7]

There are the limits of Allah (Hudud – Allah) which are imposed in order to curtail man’s ambitions and devices. Halal (lawful) and Haram (unlawful) are clearly mentioned and these are the boundaries which every Muslim as well as non-Muslim living with them must respect . If he transgresses any of these limits, he is doing wrong or committing a crime. Even between these two boundaries of ‘lawful’ and ‘unlawful’, there exists the things which are doubtful (mushttabihat), which must be refrained from in order to avoid excesses.[8]

The basic principles of shariah, therefore, can be summed up as follows: [9]

a.The larger interest of society takes precedence over the interest of the individual.

b.Although ‘relieving hardship’ and ‘promoting benefit’ are both among the prime objectives of the shariah the former takes precedence over the latter.

c.A bigger loss cannot be inflicted to relieve a smaller loss or a bigger benefit cannot be sacrificed for a smaller one. Conversely, a smaller harm can be inflicted to avoid a bigger harm or a smaller benefit can be sacrificed for a larger benefit.

Beside that, the command to preserve health in Quran occurs side by side with references to expend one’s knowledge , which is fundamentally important for humanity. Quran and Islam concern not only with the expansion of knowledge, but also the improvement of health and bodily strength. In this context, as a scholar, Imam al-Syafi’i says, : “there is no knowledge after the knowledge of halal (lawful) and haram (unlawful), that is preferable to the science of medicine.”[10]That why in 400 B.C., Hippocrates, the father of modern medicine said, “ Let food be your medicine and medicine be your food.’ After more than 2000 years, that medical establishment has finally acknowledge that he was right: food can be strong medicine.[11]In Islam, foods and drinks become vary important as a basic need andalso the believers have to chooseit according to shariah law. It is compulsory to followhalal-haram as a guidance for human’s life and safety. The understanding of shariah more easier after getting the basic understanding of Islamic jurisprudence with the some terminologies in brief:

  1. Halalis an Arabic word which means ‘allowed’ or ‘lawful’. Most diets and foods are considered halal unless they are specified or mentioned in the Quran or Hadith.
  1. Haram is an Arabic word, which means ‘prohibited’ , or ‘unlawful’ and all haram foods are forbidden to every Muslim.
  1. Makrohis an Arabic word, which means ‘discouraged’ or ‘hated’. When a food is considered harmful to health over a long period of time, it is regarded as ‘makroh’, hence, discouraged for consumption.
  1. Mushboh or Syubhah is an Arabic word, which means ‘suspected’. If one does not know the halal or non-halal status of a particular food or drink, such a food or drink is doubtful or ‘mushbooh’ and should be avoided.
  1. Zabihais an Arabic word, which in general means ‘slaughtered’. When an animal is slaughtered according to the Islamic mode of slaughtering, the meat is considered to be ‘zabiha’.
  1. Najs [12]are filth that are themselves not permissible such as pork and all its derivatives, alcoholic drinks, halal food that is contaminated with filth that are not permissible.

THE HALAL’S PRINCIPLES.

The jurist’s task does not go beyond explaining what Allah s.w.t. ‘s duty and the Prophet s.a.w. have identified to be halal or haram. Thus, what is halal is declared through the Quran and Sunnah, and believers are asked to accept it as lawful. Likewise no body has an authority to declared any food, drink, dress or trade and business, haram or unlawful. Allah has created everything in the universe for the benefit of human and can be utilized by him.[13] This fact is derived from legal maxim as recoded by Imam al-Sayuti, that he said, al-Asl fi al-asyha’ al-ibahah (Basically all things are allowed for everyone).[14] The prominent contemporary Muslim scholar, Prof. Yusuf al-Qardhawi has summarized eleven principles of Halal in his popular book, “Al-Halal wa al-Haram Fi Al-Islam”. That principles are :[15]

  • The basic principle is that all things created by Allah S.W.T. are halal, with few exceptions that are specifically prohibited (haram).
  • To make halal or haram is the right of Allah alone.
  • Prohibiting what is halal and permitting what is haram is similar to ascribing partner to Allah.
  • The basic reason for the prohibition of things are due to impurity and harmfulness.
  • What is halal is sufficient and what is haram is then superfluous.
  • Whatever is conducive to the haram is in itself is haram.
  • Falsely representing haram as halal is prohibited.
  • Good intention do not make the haram acceptable. Islam does not endorse employing haram means to achieve praiseworthy ends.
  • Doubtful things should be avoided.
  • Haram things are prohibited to everyone alike.
  • Necessity dictates exception.

DEFINITION OF HALAL FOOD AND HALAL SOURCES

According to Longman Dictionary of Contemporary English, “food” can be defined as something that living creatures take into their bodies to provide them with energy and to help them to develop and to live. For example rice milk, beef , fruits and vegetables. Meanwhile “product” is something useful to human being produced by growing or cultivating from the ground, or made in a factory such as cocoa, timber and petroleum.[16] Based on the Malaysia Standard (MS 1500), halal food means food permitted under the shariah law and fulfills the following conditions:

  1. The food or its ingredients that are not najs(impure) according to shariah law.
  2. The food does not contain any ingredients that are najs according to shariah law.
  3. The food that is safe and not harmful.
  4. The food is not prepared, or manufactured using equipment that is contaminated with things that are najs according to shariah law.
  5. The food or its ingredients do not contain any human parts or its derivatives that are not permitted by shariah law.
  6. During its preparation, processing, packaging, storage or transportation, the food is physically separated from any other food that does not meet the requirement stated in all above items (i-v) or any other things that have been decreed as nasj by shariah law.

Food is the primary needs for human survival life. He needs quality food for sustaining energy and the necessary nutrients needed for the development and growth of the body. There are various sources of food for human consumption available in variety of forms. Some food for example fruits can be taken raw and fresh but can also be cooked. The main source of food is from plants and animals. The individual choice of food depends on various factors.[17] For Muslim consumers however, their choice of food is bounded and guided by Allah. Allah says, which means: “Oh you people! Eat of what is on earth, Lawful and good. And do not follow the footsteps of Satan. For he is to you an avowed enemy”.(al-Quran: 168). There is a lot of things from thehalal sources for human consumption as bellow: [18]