Chapter 4

The Implementation of Halal Cosmetic

Standard in Malaysia: A Brief Overview

Aspiyati Jusoh, Liziana Kamarulzaman and Zalina Zakaria

Abstract In past few years, the demand on halal cosmetic and personal care
products is increasing tremendously. This has lead to the introduction of Halal
cosmetics standard MS 2200: 2008 in June 2010 that meets the strict rules of
Shariah law. Hence, this paper focused on the implementation of halal cosmetic
standard in Malaysia based on the aforesaid standard. The paper also highlighted on
the requirements of the standards, the process involved in halal certification, lia-
bility imposed towards violation of halal certificate and the halal ingredients
required by the relevant authorities. Generally, cosmetic products in Malaysia are
regulated under the Control of Drugs and Cosmetics Regulation and officially
authorised for cosmetic control. The Bureau is responsible for the registration,
licensing and surveillance of all cosmetic products.

Keywords Halal certification Halal cosmetics Halal standard

4.1 Introduction

Malaysian Standard is a consensus document developed by Standards Development

Committee within the Malaysian Standards Development System and approved by
the Minister of Science, Technology and Innovation in accordance with the
Standards of Malaysia Act 1996 (Act 1996). Standard Malaysia is well positioned
to introduce Malaysia and Malaysian products and services as reflecting the best
quality and safety for the world.

A. Jusoh (&) L. Kamarulzaman

Faculty of Law, Universiti Teknologi MARA Kelantan, 18500 Machang, Malaysia
e-mail: aspiyati@kelantan.uitm.edu.my
L. Kamarulzaman
e-mail: lizia735@kelantan.uitm.edu.my
Z. Zakaria
Academy of Islamic Studies, Universiti of Malaya, Kuala Lumpur, Malaysia
e-mail: zalina_jsu@um.edu.my

© Springer Science+Business Media Singapore 2016 37

S.K. Ab. Manan et al. (eds.), Contemporary Issues and Development
in the Global Halal Industry, DOI 10.1007/978-981-10-1452-9_4
38 A. Jusoh et al.

Standard means a document approved by a recognised body that provides, for

common and repeated use, rules, guidelines or characteristics for products or related
processes and production methods, with which compliance is not mandatory, and
which may also include or deal exclusively with terminology, symbols, packaging,
marking or labelling requirements as they apply to a product, process or production
method.
Halal standards in Malaysia are developed through consensus by committees
which comprised of balanced representation of producers, users, consumers and
others with relevant interests, as may be appropriate to the subject of hand. To the
greatest extent possible, Malaysian standards are aligned to or are adoption of
international standards. The use of Malaysian Standards is voluntary except in so
far as they are made mandatory by regulatory authorities by means of regulations,
local by-laws or any other similar ways (DSM 2008).
As at 6 January 2014, the status of Malaysian Standard as of minister approval,
there are 14 halal standards available, including MS 2200: Part 1:2008, Islamic
Consumer Goods—Part 1: Cosmetic and Personal Care-General Guidelines.
This paper focused on the implementation of halal cosmetic standard particularly
in Malaysia based on the aforesaid standard. Generally, cosmetic products in
Malaysia are regulated under the Control of Drugs and Cosmetics Regulation and
officially authorised for cosmetic control. The Bureau is responsible for the regis-
tration, licensing and surveillance of all cosmetic products. In 2007, the regulations
have been amended according to the ASEAN Cosmetics Directive (ACD) into the
Guideline for Control of Cosmetics Products in Malaysia (Hashim et al. 2009).
According to the guidelines, cosmetic products refer to any substance or
preparation intended to be placed in contact with various external parts of the
human body (epidermis, hair system, nails, lips and external genital organs) or with
teeth and mucous membranes of the oral cavity. The functions of these items are
exclusively or mainly to clean them, perfuming them, changing their appearance
and/or correcting body odours and/or protecting them or keeping them in good
condition.
Cosmetics and personal care products, including the accessories, can be con-
sidered as halal and permitted under Shariah law if they fulfil the following
conditions:
(a) do not comprise or contain any human parts or ingredients derived from
there of;
(b) do not comprise of or contain any parts or substances derived from animals
forbidden to Muslims by Shariah law, to use or to consume or from halal
animal which are not slaughtered according to Shariah law;
(c) do not contain any materials or genetically modified organisms (GMO) which
are decreed as najs according to Shariah law;
(d) are not prepared, processed, manufactured or stored using any equipment that
is contaminated with things that are najs according to Shariah law;
4 The Implementation of Halal Cosmetic Standard … 39

(e) during its preparation, processing or manufacturing the product is not in

contact and physically segregated from any materials that do not meet the
requirements stated in items (a), (b), (c) or (d); and
(f) do not harm the consumer or the user.
The concept of halal cosmetic covers all aspects of the management system. It is
not only focusing on the aspect of production including sourcing of halal ingre-
dients but all elements must be accounted for, such as manufacturing procedure,
storage, packaging and logistics (Danesh et al. 2010). All these must comply with
Malaysian halal standards and procedures (MS 2200: 2008). Hence, for halal
cosmetic products, the formulation and quality of these products must totally
comply with the Islamic requirements and follow the requirements of National
Pharmaceutical Control Bureau, Ministry of Health Malaysia. In every aspect of
halal status, the Halal and Toyyiban Standard is synonymous with halal and of very
high quality. Therefore, a halalan-toyyiban cosmetic products is clean, pure,
nutritious, hygienic and healthy (Husain et al. 2012).

4.2 Literature Review

4.2.1 Halal Cosmetic and Personal Care Products

Halal aspects in the beauty industry have received great attention due to the rev-
elation of the inclusion of halal and haram ingredients in cosmetic and personal care
products. All ingredients if they are used for halal cosmetics must be checked and
must conform to halal requirements. This is to ascertain the purity, safety, quality
and source of the ingredients.
According to the Malaysian Standard (DSM 2008), “the sources of ingredients
of halal cosmetic products can include halal animals (land and aquatic), plants,
microorganism, alcohol, chemicals, soil, and water as long as there are not haz-
ardous and najs”. The presence of alcohol, specifically ethanol, in cosmetics is of
very great concern among Muslim consumers. According to Malaysian Standard
(DSM 2008), industrial alcohol is permitted. However, sources from alcoholic
drinks are prohibited. All land animals are halal, except those that are clearly
forbidden such as pigs and animals not slaughtered according to Islamic law. Thus,
collagen and placenta from these animals are not permitted.
Since anything from human origin is not allowed in halal practice, human pla-
centa and cysteine from human hair is not permitted in halal cosmetics. All aquatic
animals are halal as long as they are not poisonous, intoxicating or hazardous to
health. Aquatic animals are those that live in water such as fish but animals live on
both land and water such as crocodiles, turtles and frogs are forbidden in Islam.
Ingredients and derivatives from plant origins can be used; this is not normally an
issue. It becomes an issue only if the plants are processed in an unhygienic manner
or processed together with unlawful (haram) ingredients or if it contains najs (DSM
40 A. Jusoh et al.

2008). Therefore, the ingredients in cosmetic products must be stated on labels on

the package for the information of consumers.
According to the guidelines, cleanliness in the preparation and handling of
materials or cosmetic products covers all aspects including personal hygiene,
clothing, appliances and processing area for producing materials or products for
cosmetic and personal care. Cleanliness is defined as free from najs, dirt,
microorganisms and any other contaminants which are harmful. Employees and
visitors shall wear proper attire and should use specific appliances according to the
regulations by the competent authority such as National Pharmaceutical Bureau.
Materials for cosmetic and personal care shall also be prepared which are contained
in the Guidelines for Control of Cosmetic Products in Malaysia and Guidelines on
Cosmetic Good Manufacturing Practice, National Pharmaceutical Control Bureau.
As for product processing, handling and distribution, the following requirements
must be complied with according to MS 2008: Part 1:2008, in order for the cos-
metic and personal care products to be considered as halal:
(a) processing lines, tools and utensils shall be dedicated for halal production
only;
(b) the product or its ingredients do not contain any components or products of
animals that are non-halal by Shariah law or products of animals that are not
slaughtered according to Shariah law;
(c) the product does not contain anything in any quantity that is decreed as najs by
Shariah law;
(d) the product or its ingredients are safe and not harmful;
(e) the product is prepared processed or manufactured using equipment and
facilities that are free from contamination with najs; and
(f) during its preparation, processing, packaging, storage or transportation, it shall
be physically separated from any other food that does not meet the require-
ments specified in item (a), (b), (c), (d) and/or (e) or any other things that are
decreed as najs by Shariah law.
As for the packaging and labelling, each container shall be marked legibly and
indelibly or a label shall be attached to the container and the information on the
product label shall be consistent with the labelling requirements in Guidelines for
Control of Cosmetic Products in Malaysia, National Pharmaceutical Control
Bureau. Labelling and advertising shall also not contravene with the principles of
Shariah law and shall not display indecent elements which are against Shariah law.
Lastly, any other requirement in MS 1500 “General Guidelines on the
Production, Preparation, Handling and Storage of Halal Food” shall also be
adhered to. This guideline prescribes the practical guidelines for the food industry
on the preparation and handling of halal food—a basic requirement for food
products and food trade or business in Malaysia.
4 The Implementation of Halal Cosmetic Standard … 41

4.2.2 Halal Certification on Cosmetic and Personal

Care Products

The certification body responsible for granting halal certification is JAKIM (Islamic
Development Department). For the cosmetics and personal care products that
require halal certification, the product must comply with the Malaysian
Standard MS 2200: 2008 requirements as mentioned above.
As mentioned earlier, Halal standards in Malaysia are developed through con-
sensus by committees which comprised of balanced representation of producers,
users, consumers and others with relevant interests may simply be illustrated
(Fig. 4.1):
Participation in standards development process is accessible to all interested
parties through representation in Industry Standard Committee, Technical
Committee and Working Groups. The structure of Industry Standard Committee on
Halal Standards involves the following (Fig. 4.2):
The Technical committee on Halal Food and Islamic Consumer Goods which
developed the Malaysian Standard consists of the representative from the following
organisations:
• Department of Islamic Development Malaysia (Chairman)
• Institute of Islamic Understanding Malaysia (IKIM)
• Malaysian Agricultural Research and development Institute (MARDI)
• Department of Veterinary Services
• Department of Agriculture Malaysia
• Royal Customs of Malaysia

Institutions of
Higher
Learning
Professional Industries
Bodies

A
Government BALANCED Research
COMMITTE
Agencies Organisations

Manufacturer Consumer
and Trade Associations
Association

Fig. 4.1 Halal standard committee

42 A. Jusoh et al.

Industry Standards Committee

On Halal Standards
(ISC 1)

Technical Committee on halal Technical Committee on

Food and Islamic Consumer Management Systems from
Goods Islamic perspectives

Fig. 4.2 Structure of industry standard committee on halal standards

• Ministry of Health Malaysia (Food Safety and Quality Division)

• Ministry of International Trade and Industry
• Ministry of Domestic Trade and Consumer Affairs
• Ministry of Agricultural Research and Development Institute
• Federal of Territory Mufti Office
• Muslim Consumers’ Association of Malaysia
• Malaysian Association of Standards Users
• Malaysia Palm Oil Board
• SIRIM Berhad (Environmental and Bioprocess Technology Centre)
• SIRIM QAS International Sdn Bhd (chemical and Consumer Section)
• The Cosmetic, Toiletry and Fragrance Association of Malaysia
• Universiti Kebangsaan Malaysia
• Universiti Putra Malaysia
• Universiti Teknologi MARA
The involvement and representations from many interested parties as mentioned
above such as government agencies, non government agencies including NGOs,
consumer association and many more can ensure the effectiveness and the efficiency
of the standards. They can actually play the role to ensure the perversion and
misappropriations of Halal products can be curtailed and while preserving the rights
of consumers to obtain the products which are cleaned and safe to use.

4.2.3 The Emergence of Halal Cosmetic Products

and Personal Care

Halal industry growth rapidly with full support from Malaysian government
through Halal Master Plan which has been approved in May 2008, which foresee 3
phases of roll out from 2008–2020 (as shown in the Table 4.1);
4 The Implementation of Halal Cosmetic Standard … 43

Table 4.1 Phases of halal master plan for Malaysia

Phase 1 (2008–2010) Phase 2 (2011–2015) Phase 3 (2016–2020)
Develop Malaysia as a global Establish Malaysia as one of Broaden geographic
Malaysia as centre for halal integrity the preferred locations for footprint of
and prepare the industry to growth halal-related business home-grown
companies
Source Adopted from Aidi-Zulkarnain and Ooi (2014)

Halal industry in Malaysia consists of food and beverages, food ingredients,

additives and supplements, toiletries and cosmetics, animal feed, drugs and vac-
cines, Islamic finance, pharmaceuticals, insurance, leather products and logistics
(Halal Industry Development Corporation 2012). According to Aidi-Zulkarnain and
Ooi (2014), cosmetic and personal care products contribute 1.8 billion or 5 % from
Malaysia Halal Export value. The rapid growth of this industry causes the emer-
gence of cosmetic industry player. According to Halal Development Corporation, 9
companies in Malaysia export halal cosmetics to destinations such as the USA, the
Middle East, China, Asian Countries and Europe. These are Clara International
Beauty Group Sdn Bhd, Consucare Inc Sdn Bhd, Jetaine Corporation Sdn Bhd,
Natural wellness Ind. Sdn Bhd, Sendayu Tinggi Holdings Sdn Bhd, Simplysiti Sdn
Bhd, Vanity Cosmeceuticals Sdn Bhd, Ginvera Marketing Enterprise Sdn Bhd, and
Alliance Cosmetics Sdn Bhd that market the Silkygirl brand.
In 2011, there were 114 local companies certified halal and a total of 3493 halal
cosmetics and personal care products, including colour cosmetics, hygiene products
for skin, hair and oral, baby products and perfumes (HDC 2012). The Malaysian
Islamic Development Department (JAKIM) said recently that it has issued 395
halal certificates for companies till 2013 (http://halalfocus.net/malaysia-halal-
makeup-a-religious-obligation/).
In ensuring the safety of the finished products, chemical, microbiological and
toxicity tests are the basic requirements that need to be carried out. For most
cosmetic products, a product deemed safe must have a pH valve in the range of
5.0–6.5 (Hashim et al. 2009). According to Guidelines for Control of Cosmetic
Products in Malaysia 2009, cosmetic products are safe if they comply with the toxic
metals and total microbial allowable limits (NPCB 2009a, b). According to Hashim
and Mat Hashim (2013), careful selection of ingredients is important to make sure
that the finished products are safe at a given concentration.
From legal point of view, Zakaria (2008) discussed on criminal liability imposed
with reference to Halal Malaysian Standard to ensure that Malaysia can positioned
himself as a role model for other countries in halal industry. There are several
statutes in operation with specific activities that directly imposed criminal liability
on halal violation. Among others are Trade Description Act 1972 Act 577 and two
regulations made thereunder, namely the Trade Descriptions (Use of Halal
Expression) Order 1975 and Trade Descriptions (Marking of Food) Order 1975
which intends prohibit the false description of goods provided in the course of trade
or misleading indications as to the price of goods. Other than that is the Food Act
44 A. Jusoh et al.

1983 Act 281 which stipulates that it is an offence for any person to prepare, pack,
label or sell any food in any false, misleading or deceptive manner as to its char-
acter, nature, value, substance, quality, composition, merit or safety strength, purity,
weight, age, origin and proportion. Another law to be mentioned here is the Animal
Rules 1962, which provides for the control of the slaughtering of animals which is
very much related with the preparation of any cosmetics and personal care products
which originated from animal sources.
The research conducted by Halim and Salleh (2012) suggested that the muslim
country must have one harmonised Halal certification system which can actually
help halal industry to expedite product development, assuring the consumers and
reducing the number of multiple certifications. According to the research, unifor-
mity and consensus of Halal standards which unite OIC countries and Muslim
majority countries are the targeted ideals and will strengthen the Halal Industry and
avoid confusion among the various schools of thoughts or mazhabs.

4.3 Discussion and Conclusion

In recent years, the demand on halal cosmetic and personal care products is
increasing particularly among the Muslim consumers. Hence, the implementation of
cosmetic halal standard in Malaysia is crucial as it creates practical guidelines for
halal certification and halal logo. The strict criteria imposed the Halal cosmetic
standard will ensure that JAKIM and MAIN/JAIN will only issue halal certificate to
products which are halalantoyyiban. Further, the halal standard also serves as a
mechanism to monitor and enforce the halal certification integrity. As such, nec-
essary action will be taken against any halal certificate holder who fails to comply
with this standard.
Moreover, the implementation of cosmetic halal standard may also raise the
confidence among the consumer. In past few years, research shows that the Muslim
consumers are more aware about the halalness of the cosmetic and personal care
products that they used (Swidi et al. 2010). Their main concern is about the
ingredients of the products, for example, the use of pigs, alcohol and animals which
are not slaughtered according to Quranic procedures. This concern is based on the
facts that the top player in cosmetic and personal care industry in Malaysia was
mainly occupied by international manufacturers such as Procter & Gamble Co.,
Colgate-Palmolive Co. and L’oreal Group. Thus, this standard enable to ensure the
Muslim consumers that the cosmetic products they purchased and consumed are
halal and lawful as prescribed under Islamic teaching.
Interestingly, the demand for halal cosmetic products is received not only from
Muslim consumers, but also from non-muslim consumers. However, their main
concern is more on the safety of the cosmetic products, since some of the products
contain dangerous substances (Swidi et al. 2010). They believe that products with
halal certified are clean and safe to be used as the ingredients to produce the
products are based on natural resources. Furthermore, the Halal cosmetic standard
4 The Implementation of Halal Cosmetic Standard … 45

provides comprehensive guidelines for production, preparation, handling and

storage of halal product and this enables to ensure that the cosmetics products are
clean, pure, nutritious, hygienic and healthy.
As for cosmetic industry players, halal cosmetic standard can improve their
product marketability and competitiveness in both local and global markets. The
Malaysian halal standards are obliged with the international standard and thus are
recognised worldwide. By complying this standard, the manufacturers actually
indicate their target consumers that their products meet the Islamic standards. The
potential market of halal certified cosmetics is very wide; this includes country
markets where the Muslim population makes up the majority and country markets
where Muslims consumers are minority (Hunter 2012).
From the discussion above, the implementation of Halal cosmetic standard in
Malaysia shows that our government has taken a serious approach to ensure pri-
ority, safety and halal cosmetics and personal care products in global market.

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