The need for Halal Act in Malaysia

By MOHAMAD SOFEE RAZAK

MALAYSIA is far ahead compared with other Islamic countries when it intend to formulate a special act on halal status for all products which are marketed to Muslims in the country and abroad.

The provisions on such a law will be contained in the Halal Act which will be formulated next year and to be used as the main reference by players in the halal industry in the country and globally.

The long awaited act, among others, is hoped, will further stimulate development of the domestic halal industry, as well as , overcome the problem of falsifying of halal certificates which has been going on in the food product markets, services and others.

Sometimes, this halal issue creates uneasiness and dilemma among Muslims in choosing products or services which are “pure” and meet the syariah requirements.

It is also hoped that the Act will provide guidelines on the form of action and move to be taken against those using fake halal certificates and the negligence of quarters concerned in complying with halal regulations. This includes copying of certificate and those who obtain the halal certificates, but do not fully abide by the syariah requirements.

Therefore, it requires a systematic and effective enforcement to address the problem.

Hence, the Halal Act, which will be formulated, is hoped to be able to ensure all food products and the process of preparing them , as well as the inspection on their halal status be made according to Islamic laws.

Currently, the Islamic Development Department of Malaysia (Jakim), together with the Islamic Religious Department in the states, as well as the Attorney-General's Office, are drafting the law which is expected to be ready soon.

The Act is also seen as able to ensure smooth enforcement of the halal status by Jakim at business premises nationwide.

At the moment, there are several legal provisions relating to the procedure on halal certification, like the Trade Descriptions Act 1972; Trade Descriptions (Use of Expression Halal) Order 1975; Trade Description ( Food Labelling )Order 1975; Food Act 1983 and Food Regulations 1985.

The Trade Descriptions (Use of Expression Halal) Order 1975, for example, defines the use of “Halal”, “Ditanggung Halal” (Guaranteed Halal), “Makanan Islam” (Muslim Food) or similar statements shall means halal as provided by the Syariah law, while Section 2 explains the meaning of syariah laws, which is Islamic laws and the Shafie Mazhab or sect or laws in the Maliki, Hanbali or Hanafi sects which have been consented by the Yang Di-Pertuan Agong for enforcement in the federation or the Malay rulers in their respective states.

Section 3 of the order explains the use of “Halal”, “Ditanggung Halal”, “Makanan Islam” which means all food do not contain any parts from animals considered haram or prohibited for consumption in Islamic Law or are not slaughtered in accordance with Islamic practice, does not contain any ingredients which are deemed unclean (najis) according to Islamic law, are not prepared or processes using any utensils, machinery or tools which are contaminated with items considered unclean according to Islamic law, and during preparation, processing or storage, did not touch or place near any items considered unclean and prohibited within the Islamic law.

As such, if any parties who violate the regulations will be penalised.

For example, the Syariah Criminal Offence Act )Federal Territories) 1997 (Act 559), Section 42, Chapter V (Crime Offences), provides that any parties convicted in court can be fined not exceeding RM5,000 or jailed for not more than three years or both.

On this grounds, based on the existing provisions in the law and the soon to be formulated Halal Act, will produce a comprehensive legal mechanism and capable of giving a positive impact to the halal industry in the country, as well as in the world.

This innovation will ensure the rights of the Muslims to enjoy halal products without any doubts. The law will also further enhance Malaysia's integrity and image as the leader and main player in the world halal industry.

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The writer is a lawyer and PhD. student