International Journal of Administration and Governance · Key words: Halal, Shariah, Statutes, Legal, Definition INTRODUCTION A halal product is a product that is fit for Muslims

International Journal of Administration and Governance

ISSN-2077-4486 2017. 3(1): 36-43

RSEARCH ARTICLE

Open Access Journal This work is licensed under the Creative Commons Attribution International License (CC BY). http://creativecommons.org/licenses/by/4.0/

ToCite ThisArticle: Surianom Miskam, Dr. Nor ‘Adha Ab Hamid, Norziah Othman., Revisiting the Interpretation of Halal according to Shariah and Statutes. Int. J. Adm. Gov, 3(1): 36-43, 2017

Revisiting the Interpretation of Halal according to Shariah and Statutes

1Surianom Miskam, 2Dr. Nor ‘Adha Ab Hamid, 3Norziah Othman

1,2,3Kolej Universiti Islam Antarabangsa Selangor (KUIS), Business & Management Faculty, Bandar Seri Putra, 43000 Kajang Selangor

Address For Correspondence: Surianom Miskam. Kolej Universiti Islam Antarabangsa Selangor (KUIS), Business & Management Faculty, Bandar Seri Putra, 43000 Kajang Selangor. Tel: +60193938404; E-mail: [email protected] Received 3 March 2017; accepted 23 May 2017; published 20 June 2017 A B S T R A C T

Background: The global halal industry is still in its stage of development, and efforts to chart the way forward in compliance with Islamic principles and legal spectrums are desirable and necessary. One of the issues facing the global halal industry is the lack of recognition of a universal standard of halal practices and the well coverage of its legal spectrums and regulations. With diverse interpretations on what halal entails given regulatory and legal pressure by the different halal certification bodies, the situation divisions affect the growth and integration of halal practices worldwide and the needs of legal coverage. This paper aim to analyse the interpretation of halal from the Shariah perspective in comparison with the definitions provided by the statutes of four jurisdictions namely Malaysia, Indonesia, Thailand and Brunei. Being a library based research, reference will be made to relevant authoritative texts and statutes of the selected jurisdictions. By having the comparison, the paper will conclude the wisdom behind the differences and whether the differences in the interpretation have any effect on the global halal industry as a whole.

Key words: Halal, Shariah, Statutes, Legal, Definition

INTRODUCTION

A halal product is a product that is fit for Muslims to consume. It is ranging from food, services, cosmetics

and even pharmaceutical products. The practice is that a halal logo is to be placed on the halal products for

Muslims to know that the product is halal (Cheng, 2008). In keeping pace with the fast growing development of

halal industry, halal status products also have extended to lifestyle for instance clothing and services for

example Islamic banking, hospitality, logistics etc (Alserhan, 2010). Halal as a concept cannot be fully

encapsulated within the construct of products, halal reaches much further into the disciplines of management of

the company, organisational behaviour, culture anthropology and sociology (Marco Tieman, 2011). For

Muslims, halal is not just a brand but it is part of Islamic belief and values (Wilson 2010). Halal food sector is

no longer merely an industry that complies with religious requirements. It is becoming an economic force in its

own right domestically and globally (Norizah & Chris Backhouse, 2014). Many countries, although having

Muslim as minority but depend on food exports as their country‘s income generator are seeing the necessity to

be aware about halal and be involved. In fact, country such as China with minority Muslims has an export of

$500 billion for halal market (Dasgupta, 2011). Along with the Muslim countries such as Malaysia, Indonesia

and Pakistan that aspires to be the global halal hub, countries with minority Muslims but are food producers are

also aggressively working towards becoming the key players in delivering halal products. For example,

Thailand is not only complying with food safety standards but are having halal certification as a value-added to

their product in an attempt to seize the halal market and it has been recognised as the halal center in science and

testing. The port of Rotterdam is currently being developed as a ‗HalalDistriPark‘ to serve the Muslim

37 Surianom Miskam et al, 2017

International Journal of Administration and Governance, 3(1) January 2017, Pages: 36-43

community in Europe and in the UK there is a proposal for a Super Halal Industrial Park to be located in South

Wales (Waarden and Dalen, 2010).

In the recent years, halal has become a global symbol in determining quality assurance and lifestyle choice

and is no longer limited to religious issue (Noor ‗Ashikin & Nur Amani 2008). Halal has now become a

universal concept. Halal is a term exclusively used in Islam which means permitted or lawful. There are no

parties which can claim the food is halal without complying with Islamic law. Halal and non-halal covers all

spectrums of Muslim life, not limited to foods and drinks only, but also for safety, animal welfare, social justice

and sustainable environment. Halal and Toyyiban which means clean and wholesome portray the symbol of

intolerance to hygiene, safety and quality of food that Muslims consumed (Kasmarini et. al, 2015). From legal

perspective, this phenomenon has raised the need to chart the way forward in compliance with Islamic

principles. One of the issues facing the global halal industry is the lacking of recognition of a universal standard

of halal practices and the well coverage of its legal spectrums and regulations. This is due to the existence of

diverse interpretations on what halal entails given regulatory and legal requirements by different halal

certification bodies around the globe.

Literature Review:

Definition and Concept of Halal:

Halal is a Quranic term that means permitted, allowed, lawful or legal. Its opposite is haram (forbidden,

unlawful or illegal). According to Shariah, all issues concerning Halal or Haram and even all disputes should be

referred to the Quran and the Sunnah (Doi, 2007). Halal and haram are universal terms that apply to all aspects

of human life whether is related to his ibadat or muamalat or mua’sharah (Marco Tieman, 2011). Halal may be

defined as an act, object or conduct over which the individual has freedom of choice and its exercise does not

carry either a reward or a punishment. Halal may have been identified by explicit evidence in the Shariah or by

reference to the presumption of permissibility (ibahah) (Hashim Kamali, 2013). At the global level, the Food

and Agriculture Organisation of the United Nations has prepared general guidelines for use of the term halal to

be adopted by member countries. The term ‗halal food‘ is defined as food permitted under the Islamic law and

should fulfil the following conditions:

(a) It does not consist of or contain anything which is considered to be unlawful according to Islamic law;

(b) It has not been prepared, processed, transported or stored using any appliance or facility that was not

free from anything unlawful according to Islamic law; and

(c) It has not in the course of preparation, processing, transportation or storage been in direct contact with

any food that fails to satisfy the first two conditions above.

The guideline expressly states that halal food can be prepared, processed or stored in different sections or

lines within the same premises where non-halal foods are produced, provided that necessary measures are taken

to prevent any contact between halal and non-halal foods. It was further stated that halal food can be prepared,

processed, transported or stored using facilities which have been previously used for non-halal foods provided

that proper cleaning procedures, according to Islamic requirements, have been observed. According to the

Islamic Council of Western Australia (ICWA, 2017), in general every food is considered lawful in Islam unless

it is specially prohibited by the Quran or the Sunnah. By official definition, halal foods are those that are:

Free from any component that Muslims are prohibited from consuming according to Islamic law.

Processed, made, produced, manufactured and/or stored using utensils, equipment and/or machinery

that has been cleansed according to Islamic law.

Free from contamination while prepared or processed with anything considered najis (filthy).

The term halal may be used for foods which are considered lawful. Under the Islamic law, all sources of

food are lawful except the following sources, including their products and derivatives which are considered

unlawful:

Food of Animal Origin (a) Pigs and boars

(b) Dogs, snakes and monkeys

(c) Carnivorous animals with claws and fangs such as lions, tigers,

bears and other similar animals

(d) Birds of prey with claws such as eagles, vultures, and other similar

birds.

(e) Pests such as rats, centipedes, scorpions and other similar animals.

Animals forbidden to be killed in Islam i.e., ants, bees and woodpecker

birds

(f) Animals which are considered repulsive generally like lice, flies,

maggots and other similar animals

(g) Animals that live both on land and in water such as frogs,

crocodiles and other similar animals



(h) Mules and domestic donkeys

(i) All poisonous and hazardous aquatic animals

(j) Any other animals not slaughtered according to Islamic law

(k) Blood

Food of Plant Origin Intoxicating and hazardous plants except where the toxin or hazard can be

eliminated during processing

Drink (a) Alcoholic drinks

(b) All forms of intoxicating and hazardous drinks

Food Additives All food additives derived from the abovementioned items

It is further stated that all lawful land animals should be slaughtered in compliance with the rules laid down

in the Codex Recommended Code of Hygienic Practice for Fresh Meat and the following six requirements:

(a) The person should be a Muslim who is mentally sound and knowledgeable of the Islamic slaughtering

procedures.

(b) The animal to be slaughtered should be lawful according to Islamic law.

(c) The animal to be slaughtered should be alive or deemed to be alive at the time of slaughtering.

(d) The phrase “Bismillah” (In the Name of Allah) should be invoked immediately before the slaughter of

each animal.

(e) The slaughtering device should be sharp and should not be lifted off the animal during the slaughter act

and;

(f) The slaughter act should sever the trachea, oesophagus and main arteries and veins of the neck region.

The guidelines further require that all food should be prepared, processed, packaged, transported and stored

in such a manner that it complies with abovementioned requirement and the Codex General Principles on Food

Hygiene and other relevant Codex Standards. With regards to halal labelling, when a claim is made that a food

is halal, the word halal or equivalent terms should appear on the label and in accordance with the Codex

General Guidelines on Claims, claims on halal should not be used in ways which could give rise to doubt about

the safety of similar food or claims that halal foods are nutritionally superior to, or healthier than, other food.

Within the Islamic religion, a strong emphasis is placed on cleanliness both spiritually and in the context of

food and drink. For a food and drink product to be approved for consumption it must conform to the Islamic

dietary laws as specified in the Quran and the Sunnah, and in Fiqh (understanding) of the Islamic jurists. The

Quran has numerous injunctions instructing Muslims to choose and consume good wholesome foodstuffs. In the

selection of food and drink, Islam has laid down three very important guidelines, namely;

1. Whether the consumption of the foodstuff is prohibited by Allah,

2. Whether the foodstuff is obtained through halal or haram means, and

3. Whether or not the material is harmful to health. As an example, any pig product is considered haram

because the material itself is haram whereas beef from an animal that has not been slaughtered according to

Islamic rites would still be considered haram.

Islam encourages its followers to choose halal foods. This awareness is always propagated in Muslim

societies and is strengthened by the widespread knowledge extolling the virtues of consuming clean and halal

foods. Due to advancements in food technology and distribution, Muslims are more exposed to various

ingredients and manufactured food imported into Muslim countries. The most common of these are food

additives, gelatine, emulsifiers and rennet in cheese manufacture. The Muslim community would like to know

whether or not the addition, the ingredients or the finished foods contain any haram substance. These products

can become halal if the raw materials are halal and the process is compatible with the Islamic way. It is

understood that the production of halal food is not only beneficial to Muslims, but also to food producers, by

means of increasing market acceptance of their products.

Halal accreditation is considered as the benchmark for food safety, quality assurance and many beneficial

characteristics which are not only to be enjoyed by Muslim consumers but also meant for non-Muslims

consumers. Halal requirements meet many of the conventional quality standards, such as ISO9000, Good

Hygienic Practice (GHP), Good Manufacturing Practices (GMP), veterinary inspection, Codex Alimentarius and

Hazard Analysis and Critical Control Point (HACCP). Hence, the industry which implements the halal

requirements will produce better quality food products compared to those who implement the conventional

standards (Talib & Ali, 2009). However, halal values can be popularized among non-Muslim consumers if the

society is made to be more aware of the benefits concerning health, hygiene, safety, the environment, social

justice and animal welfare that comes together with the halal ways of doing things (Kasmarini et. al, 2015).



Methodology:

The aim of this paper is to analyse the definition of halal from the Shariah perspective in comparison with

the definitions provided by the statutes of four jurisdictions namely Malaysia, Indonesia, Thailand and Brunei.

Being a library based research, reference will be made to relevant authoritative texts and statutes of the selected

jurisdictions. By having comparative analysis, the paper will conclude the wisdom behind the differences and

whether the differences in the interpretation have any effect on the global halal industry as a whole.

Findings And Analysis:

Definition of Halal according to the Muslim jurists:

The basic principle of halal and haram, is that the things which Allah has created and the benefits derived

from them are essentially for man's use and are permissible. According to Al-Qaradawi (1985), nothing is haram

except what is prohibited by a sound and explicit injunctions from Allah. Therefore, Muslims are reprimanded

from prohibiting what is halal and permitting what is halal. This is referred to Surah Al-A‘raf verses 32 – 33. In

this respect, Allah swt mentioned in verse 32 to the effect that: ―Say, "Who has forbidden the adornment of

Allah which He has produced for His servants and the good [lawful] things of provision?" Say, "They are for

those who believe during the worldly life [but] exclusively for them on the Day of Resurrection." Thus do We

detail the verses for a people who know.‖ (Al-A‘raf: 32)

Allah swt futher mentioned in verse 33: ―Say, "My Lord has only forbidden immoralities - what is apparent

of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for

which He has not sent down authority, and that you say about Allah that which you do not know." (Al-A‘raf:

33). It is the view of Al-Qaradawi that the two verses mean that in the sight of Allah, this matter of declaring

things to be prohibited without any authority from Allah was not a minor issue but one which was significant to

the fundamentals and general principles of the faith. The two verses were revealed to reject the claims made by

those who prohibit the halal and permit the haram based on their beliefs of their forefathers that has been

followed for generations.

On this point, Hashim Kamali (2013) stated that the available textual guidelines on halal suggested that no

unnecessary restrictions should be imposed on the basic freedom of the individual and personal choice in what

he or she wishes to consume, and the scope therefore of prohibitions should not go beyond what has been

specifically determined by the text. This conclusion has enabled the Muslim jurists to formulate general

guidelines based on the legal maxim: permissibility (ibahah) is the basic norm in all things unless there be

evidence to establish a prohibition. In this regard, Muslim jurists have derived this principle of permissibility

from the following Quranic verse:

"It is He who created all that is in the earth for you." (Al-Baqarah: 29)

"He has subjected to you, from Himself, all that is in the heavens and all that is on the earth" (Al-Jathiyah:

13)

Al-Qardhawi explained that the verses show that Allah has created all these things on earth for man's use

and benefit thus it is cannot be that He himself informs man that the use of all these things is prohibited. Allah

has prohibited only a few things for specific reasons with wisdom behind the prohibitions. Only a small number

of sound and explicit injunctions are found in the Quran and the Sunnah relating to prohibitions while whatever

is not stated in the Quran and the Sunnah as being halal or haram falls under the general principle of the

permissibility of things and this can be referred to the sayings of the Prophet (peace be upon him) to the effect:

"What Allah has made lawful is His Book is halal and what He has forbidden is haram, and that concerning

which He is silent is allowed as His favour. So accept from Allah His favour, for Allah is not forgetful of

anyhting. He then recited, "And thy Lord is not forgetfull. (Reported by Al-Hakim and quoted by al-Bazzar).

With regards to halal food, the Shariah requirement is specified by the Quran and the Sunnah. Allah swt

mentioned in Surah Al-Baqarah verse 168:

―O mankind, eat from whatever is on earth [that is] lawful and good and do not follow the footsteps of

Satan. Indeed, he is to you a clear enemy.‖

Al-Qardhawi (1985) explained that, in the above verse, Allah addresses to all mankind on earth, calling on

them to eat of the good things which He has provided for them on this vast, outspread table, the earth, and not to

follow the ways of the Satan, who has been influencing some people to prohibit various wholesome things

which Allah has made it halal which leads them towards the pitfall of self-destruction. As for the Believers,

Allah swt further mentioned in Surah Al-Baqarah verse 172 - 173:

―O you who have believed, eat from the good things which We have provided for you and be grateful to

Allah if it is [indeed] Him that you worship.‖ (Al-Baqarah: 172)

“He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated

to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there

is no sin upon him. Indeed, Allah is Forgiving and Merciful.” (Al-Baqarah: 173)



In the above verses, Allah swt speaks to the Believers and allows them to eat of the good things of His

providing and to be thankful to Him for His favor to them. Allah further explains that no food is haram to the

Believers except the four kinds stated in the verse namely dead animals, blood, the flesh of swine and that which

has been dedicated to anyone other than Allah.

The abovementioned four kinds of prohibited food are explained further in Surah Al-An'am verse 145 and

Surah Al-Maidah verse 3:

"Say: I do not find in what is revealed to me anything prohibited to an eater in his food unless ir be (the

flesh of) that which is dead, or flowing blood, or the flesh of swine, for that is indeed foul, or the abomination

which has been dedicated to anyone other than Allah. But if one is compelled by necessity, neither craving (it)

nor transgressing, then, indeed, thy Lord is Forgiving, Merciful." (Al-An'am: 145)

“Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other

than Allah, and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring

of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its

death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through

divining arrows. That is grave disobedience. This day those who disbelieve have despaired of [defeating] your

religion; so fear them not, but fear Me. This day I have perfected for you your religion and completed My favor

upon you and have approved for you Islam as religion. But whoever is forced by severe hunger with no

inclination to sin - then indeed, Allah is Forgiving and Merciful.‖ (Al-Maidah: 3)

The first verse states four kinds of prohibited food while the second verse provides ten categories of

prohibited food. Although the two verses provide different number of categories but it can be explained from the

fact that all animals which are killed by strangulation, by a blow, by a fall, by being gored, or which are partly

eaten by wild animals fall into the category of dead animal. It follows that what is sacrificed to idols belongs to

the category of that which is dedicated to anyone other than Allah. Al-Qardhawi (1985) summarised that the

foods which are prohibited fall into four broad categories which may be reclassified into ten detailed categories,

as follows:

1. Dead animal that is the beast or fowl which dies of natural causes without being slaughtered or hunted

by men.

2. Flowing or liquid blood which is repugnant to human decency and that it may be injurious to health.

3. Pork that is the flesh of swine for eating swine-flesh is injurious to health.

4. Animal dedicated to anyone other than Allah and the prohibition is entirely on the ground of faith that

is to safeguard the belief in the Oneness of Allah, to purify worship and to fight shirk and polytheism in

whatever form they may be expressed.

5. Animal which has been strangled, for instance, by a rope around its neck.

6. Animal which has been beaten to death by an object.

7. Animal which dies as a result of a fall from a high place or by falling into a gully or ravine.

8. Animal which dies as a result of being gored by the horns of another animal.

9. Animal which has been (partly) eaten by wild beast and dies as a result of it.

10. Animal that has been sacrificed to idols.

However, it is important to note that fish, whales and other sea creatures are exempted from the category of

dead animal. This is based on the following provisions:

“When the Prophet (peace be upon him) was asked about the sea, he replies: Its water is pure and its dead

are halal.” (Reported by Ahmad and other compilers of the Sunnah). In this relation, Allah swt says in Surah

Al-Maidah verse 96: The game of the sea is permitted to you and so is its food.... and 'Umar explained, "Its

game is what is caught from it and its food is what is thrown out from it," while Ibn 'Abbas said, "Its food is its

dead (animals)."

On this point, it is reported on the authority of Jabir that the Prophet (peace be upon him) once sent some of

his Companions on an expedition. They found a dead whale by the sea and subsisted on it for more than twenty

days. On their return to Madinah, they told the Prophet (peace be upon him) about this and the Prophet said, Eat

the food which Allah has brought forth for you, and feed us from it if you have any left. They then brought him

some whale meat and he ate it (Reported by al-Bukhari). Locusts are also exempted from the category of dead

animals based on the same reasoning. The Prophet (peace be upon him) gave permission to eat dead locusts, as

the question of slaughtering them does not arise. Said Ibn Abu Awfa narrrated that: "We went with the Prophet

(peace be upon him) on seven expeditions, and we ate locusts with him.” (Reported by all the authentic

collections of ahadith except that of Ibn Majah).

Allah makes things halal and haram for a reason having people's well-being in mind. He has neither

permitted anything except what is pure nor has He prohibited anything excpet what is impure. Thus, if

something is entirely beneficial it is halal, if the harm of it outweight its benefits it is haram, while if its benefit

outweights its harm, it is halal. This principle is relevant to the prohibiton of wine and gambling which is

mentioned in Surah Al-Baqarah verse 219: "They ask thee concerning wine and gambling. Say (O Prophet): In



them is great sin and some benefit for human beings, but the sin is greater than the benefit."

Even though Allah has explained explicitly what is halal and haram, there is a grey area between halal and

haram. In this situation, Islam considers it as an act of piety for the Muslims to avoid doing what is doubtful in

order to abstain from doing something haram. This situation requires further deliberation by the scholars to

avoid confusion among Muslims.

Definition Of Halal Under The Statutes Of Selected Jurisdictions:

Malaysia:

There is no specific statute regulating the halal industry in Malaysia. The legal provisions relating to halal

industry is subject to number of statutes namely the Trade Description Acts 2011, Trade Descriptions

(Definition of Halal) Order 2011 and the Trade Descriptions (Certification and Marking of Halal) Order. This

Act and its subsidiary legislation were passed to provide protection to traders as well as consumers from

unhealthy trade practices. For the purpose of the Act, the term "Halal" is one trade description in the eyes of

law. The Trade Descriptions Act 2011 has the effect of repealing the Trade Descriptions Act 1972. Generally,

the objective of the Act is to promote good trade practices by prohibiting false trade descriptions and false or

misleading statements, conduct and practices in relation to the supply of goods and services.

Prior to the coming into effect of the Act, the use of the description of "Halal" or any other expression by

the dealer is not required under the existing laws in Malaysia. However, the Trade Descriptions (Definition of

Halal) Order 2011 which was legislated by virtue of section 28 of the Trade Description Act 2011 provides that

when a food or goods described as halal or described in any other expression to show food or other goods that

can be consumed or used by the Muslims, the expression means food or other goods that:

(a) is not and shall not consist of or contain any part of an animal or thing prohibited by Hukum Sharak for

Muslims to eat or not slaughtered according to Hukum Sharak;

(b) does not contain anything that is unclean according to Hukum Sharak;

(c) not intoxicating according to Hukum Sharak;

(d) does not contain any part of a human limb or product thereof which is not permitted by Hukum Sharak;

(e) non-toxic or injurious to health;

(f) has not been prepared, processed or manufactured using any fecal contaminated equipment in

accordance with; and

(g) shall not in the course of preparing, processing or storing contact, mixed or near any food that

fails to satisfy paragraph (a) and (b).

When the service in relation to food or goods, including transportation, storage and processing of raw

materials, catering and retail food or goods is described as halal, the expression means that the service is carried

out in accordance with Hukum Sharak. Hukum Sharak under the Act means the Islamic laws according to

Mazhab Shafii or the Islamic laws in any one of the other Mazhabs of Hanafi, Maliki or Hanbali which are

approved by the Yang Dipertuan Agong to be in force in the Federal Terrritories of Kuala Lumpur, Labuan and

Putrajaya, Penang, Malacca, Sabah and Sarawak or the Ruler of any State to be in force in the respective States.

This provision gives wider interpretation of Islamic law and is not limited to one specific Mazhab. However, the

Trade Descriptions (Certification and Marking of Halal) Order 2011 does not explicitly provide for the

definition of halal in the subsidiary legislation. The Order only provides for the Department of Islamic

Development Malaysia (JAKIM) and the Islamic Religious Council of the States (MAIN) respectively

appointed as the competent authority to certify that any food, goods or services in relation to food or goods is

lawful under the Trade Descriptions (Definition of Halal) 2011. It is worth to note that under the Order, all food,

goods or of the service cannot be described as lawful unless it is certified as halal by the competent authorities

(JAKIM/MAIN); and marked with a logo that is issued by the competent authorities (JAKIM/MAIN).

Brunei:

The law relating to halal food industry in Brunei is governed by the Halal Certificate and Halal Label Order

2005 and Halal Meat Act 2014. Reference to the Halal Certificate and Halal Label Order 2005 found that there

is no definition of the term halal itself. However, reference can be made to the provision relating to halal

certificate under regulation 3 where it is stated that when exhibited in any place of business, the certificate shall

mean that the food in relation to which the certificate is referring —

(a) neither is nor consists of or contains any part or matter of an animal that a Muslim is prohibited by

Hukum Syara‘ to consume or that has not been slaughtered in accordance with Hukum Syara‘;

(b) does not contain anything that is considered to be impure in accordance with Hukum Syara‘;

(c) has been prepared using an instrument that is free from anything which is considered to be impure in

accordance with Hukum Syara‘; and



(d) has not in the course of preparation or storage, been in contact with or close proximity to any food that

fails to satisfy paragraph (a), (b) or (c) and anything that is considered to be impure in accordance with Hukum

Syara‘.

In this respect, regulation 2 defines "Hukum Syara‘" as the Laws of Islam in the Mazhab Syafie or in any

other Mazhabs which are approved by His Majesty the Sultan and Yang Di-Pertuan to be in force in Brunei

Darussalam. And in another statute, the Halal Meat Act 2014 (B.L.R.O 3/2014), sets out provisions for the

supply and importation of halal meat, which is meat fit for consumption by Muslims. The Act provides for the

establishment of a Board for issuing Halal Import Permits and for an Inspection Committee, and defines their

internal composition. The Act further provides for procedures and requirements for obtaining a Halal Import

Permit; requirements for the supply of local halal meat; powers of the Inspection Committee to inspect any

slaughtering centre at any time; offences and penalties; rule making powers of the Minister; etc. The Act defines

the term ―halal meat‖ as meat that is fit for consumption by Muslims according to Hukum Syara‘, as determined

by the; Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act (Chapter

77). However, there is no definition of Hukum Sharak provided under the Act nor there is any mention about

any particular Mazhab applicable in the determination of halal status.

In the Guideline for Use of the Brunei Halal Brand, halal refers to halal things or actions permitted by

Hukum Syara‘ without punishment imposed on the doer. Similarly, the Guideline for Halal Certification BCG

Halal 1 applies the same definition of halal. Even though the definition is quite general but the foregoing

provision of the guidelines further provides that in relation to halal certificate issued by the Majlis under the

Halal Certificate and Halal Label Order, 2005, when exhibited in any place of business, the halal certificate

shall mean that the food in relation to which the certificate is referring:

a) neither is nor consists of or contains any part or matter of an animal that a Muslim is prohibited by

Hukum Syara‘ to consume or that has not been slaughtered in accordance with Hukum Syara‘;

b) does not contain anything that is considered to be impure in accordance with Hukum Syara‘;

c) has been prepared using an instrument that is free from anything which is considered to be impure in

accordance with Hukum Syara‘; and

d) has not in the course of preparation or storage, been in contact with or close proximity to any food that

fails to satisfy paragraph (a), (b) or (c) and anything that is considered to be impure in accordance with Hukum

Syara‘.

It is clear that this provision is similar to the requirement provided under regulation 3 of the Halal

Certificate and Halal Label Order 2005 mentioned earlier.

Thailand:

According to Regulation of the Central Islamic Committee of Thailand, Regarding Halal Affair Operation

of B.E. 2552 under Regulation 7, the term ―Halal Product‖ means natural product or product made in

accordance with halal standard process, including the manufacturing, services, distributing that are not in

conflict with the Islamic principle. It is observed that there is no definition of Islamic principle provided under

the regulation and no specific reference to any Mazhab to be followed under the Regulation. It is worth noted

that Regulation 32 provides for the list of things prohibited by Islamic principle to be used in halal product

which includes:

(1) Forbidden animals such as:

• Pig, dog and animal born from them, local donkey, elephant and mule.

• Terrestrial animals with canine tooth such as lion, tiger, cat.

• Birds with claws such as eagle, hawk.

• Animals with poison or disease such as rat, centipede, scorpion and other animals of the same nature.

• Animals not allowed to be killed as per Islamic principle such as ants, bees and woodpecker.

• Offensive animals such as lice, fly, and other animals of the same nature.

• During slaughtering invoke the name other than Allah.

• Animal died by itself without slaughtering, or animal slaughter without complying with Islamic principle.

• Animal that is choked and hit until it dies (except birds and wild animals shot by arrow and bullet

intentionally), animal died by falling from height, gored by horn, and bitten to death by carnivorous animal.

(2) Animal blood of all kinds.

(3) All kinds of poisoned plant.

(4) Food and drink with alcohol, or has mixture that causes drunk.

Further reference to the National Halal Standard issued by the Central Islamic Committee of Thailand on

General Guidelines on Halal Products found that the term halal food means clean and safety food without

anything dirty which is considered to be lawful according to Islamic law as well as free from prohibited

ingredients (haram) and anything dirty. Another relevant standard in this regard is the Thai Agricultural



Standard (TAS 8400-2007) on halal food. Under this standard, halal means any object made or action taken

with its permission in compliance with Islamic law. It is observed that there is no definition of Islamic law

provided under the Standard and no specific reference to any Mazhab to be followed under the Standard.

Indonesia:

Undang-Undang Republik Indonesia Nomor 33 Tahun 2014 Jaminan Produk Halal is the first law that

provides for the halal labels in Indonesia. The law defines halal product as a product that has been declared

halal according to Islamic law. According to the Decree of the Ministry of Religious Republic No. 518 2001 30

November 2001 about Guidelines And Procedures for Halal Food Inspection and Determination (Keputusan

Menteri Agama R.I. Nomor 518 Tahun 2001 Tanggal 30 Nevember 2001 Tentang Pedoman dan Tata Cara

Pemeriksaan dan Penetapan Pangan Halal Menteri Agama Republik Indonesia), halal food is food that does not

contain elements or unlawful material or prohibited on Muslims to be consumed, and its processing is not

contrary to Islamic law. In the abovementioned laws, there is no clarification on the definition of Islamic law in

the laws which specify the Mazhab applicable in the Act. It is submitted that the determination of halal status is

within the power of the Majlis Ulama Indonesia (MUI) by virtue of Pasal 33 of the Undang-Undang No 33.

Conclusion:

Halal which means permitted, allowed, lawful or legal and clearly opposite to haram (forbidden, unlawful

or illegal) is totally the best practice underlines by Shariah for the benefits of the ummah. There are so much

good implications which scientifically and non-scientifically proven. As in line with Shariah, nowadays we may

come across the issues concerning halal or haram are given serious attention throughout the regions. The

authorities in those countries specifically in Malaysia, Thailand, Indonesia and Brunei are becoming more

concern to put extra caution and expansion in this matter, by refining and defining the spectrums of halal

industry in accordance with the Islamic law and Shariah standings. The different definitions and interpretations

given in the relevant statutes adopted by the selected jurisdictions should not be seen as revealing the

weaknesses of the Muslim community or Islam itself. It is justified on the ground that Islam permits flexibility

to suit specific circumstances faced by Muslims in their unique environment. The flexibility can be seen from

the fact that Islamic principles applicable are not confined to one Mazhab, thus allowing the application of any

Mazhab from the Ahli Sunnah Wal Jamaah. The definitions even though are worded differently but eventually

come to the same concept of halal.

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Documents

International Journal of Administration and Governance · Key words: Halal, Shariah, Statutes, Legal, Definition INTRODUCTION A halal product is a product that is fit for Muslims