ADMINISTRATION OF ISLAMIC LAW IN MALAYSIA

LAB2013

SEMESTER 2 2021/2022

TOPIC:
THE ROLES OF JAKIM IN HALAL CERTIFICATION

AUTHOR’S NAME:
MUHAMMAD SHAFIQ HAKIMI BIN MOHD SHAPIAN

MATRIC NUMBERS:
1211837

TUTORIAL GROUP:
TLC6/KLC2

ACADEMIC SESSION:
2021/2022

LECTURER’S NAME:
PROF.IZAWATI BINTI WOOK

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INDEX.

NO. CONTENT PAGE

1. Introduction 3

2. Halal in Malaysia 3-4

3. Halal Act in Malaysia 4-6

4. Halal Certification 6

4.1. The Role of The Department of Islamic Development 6-7

Malaysia (JAKIM)

4.2. Halal Certification and Supervision 7-9

4.3. Monitoring and Inspecting 9-10

4.4. Halal and Regulatory Activities 10-11

8. Conclusion 11

9. References 12

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 1. INTRODUCTION.

The word halal comes from the Arabic word halal, which meaning legal. The term
'halal' is translated as "acceptable" or "permissible" in English. The word ‘haram’ is the
opposite of halal, which means prohibited or unlawful. In other words, products that contain
pork and related items are forbidden or ‘haram’. Food ingredients of animal origin, alcohol and
products that do not consider cleanliness during its preparation are also forbidden. The Quran
encourages the intake of halal cuisine. Following the sharia concept, it is mandatory to consume
halal items and avoid haram products in order to protect one's islamic life.

The Malaysian Islamic Development Department (JAKIM) focuses on halal-related

law enforcement. This body entrusted as the body to regulate halal standards since August
2009. JAKIM's involvement in certifying halal status to Islamic food products and consumer
goods in the country starting since 1974. The rapid development of the food industry in the
country and the current needs of Muslims, then there are various changes in policies and
policies regarding the functions and jurisdiction of halal enforcement. In general, changes in
decisions made by the Government are aimed at the relevant masalih mursalah (public interest)
halal consumption in Malaysia. Halal information and guidance online is the latest initiative by
JAKIM.

2. HALAL IN MALAYSIA.

The issue of halal is a very important matter as it is evolving and is constantly being
discussed from time to time. Dealers and producers need to be concerned about the halal issue
because it involves many Muslim consumers in Malaysia. In reality, there are many traders and
manufacturers fail to comply with established procedures. This is because, they are more profit
-seeking rather than prioritizing welfare. The hard work of the authorities such as the
Department of Islamic Development Malaysia (JAKIM), Religious Council State Islam
(MAIN), State Islamic Religious Department (JAIN), Ministry of Domestic Trade,
Cooperatives and Consumerism (KPDNKK), Department of Health and others in ensuring that
Malaysian halal enforcement meets halal standards and standards toyyiban should be praised
and supported. Entrepreneurs and traders need to work towards realizing a culture of
production and supply food products that meet halal, quality and good criteria. Accordingly, in
researching halal issues, terms of reference and enforcement on the part of the implementing
agency should be seen and scrutinized to find out the processes and procedures implemented,

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and any the problems and shortcomings identified will be discussed for the purpose of
improvement for the common good.

In Malaysia, halal logo even though seemed so grand and influential among consumers
and entrepreneurs, but the uses of the logo is not compulsory in terms of the law. The function
of the halal logo as a symbol of quality assurance based on legislation that emphasizes product
quality, purity and safety. We may wonder why the halal logo issued in the country combined
with the word Malaysia, the Malaysia Halal. In the Islamic perspective, the word halal is
sufficient as a indicator that a product is justified or should be used either in terms of law,
security and quality. Enough with the word halal that can stand on its own. This is a uniqueness
in Malaysia. Before the halal labeling is an important factor in today's business world, it has
been deeply embedded in the culture of the Malay Muslims who are very sensitive, especially
for food products and daily consumables. However, the use of simple materials and goods
especially in food products in times past caused the labeling is not considered so important
than today. Malaysian society were built on a variety of races, religions and cultures that
became characteristic in shaping Malaysia's halal certification.

In general, by looking to the logo and certification system is solely for the Malay
Muslim group in the country to enable them to choose a product without hesitate in the market.
On the other hand after being introduced almost ten years, the response was very surprising
presence. The word halal today no longer belong to the ethnic Malay absolute Muslim traders
who mostly held by ethnic Chinese began to realize the importance of halal and demanded that
they be given good products with halal certification while their non-Muslim majority. In this
case, the statictic show that 80% of Halal application come from non-Muslim trader (Harian
Metro 15 April 2005.This change has caused a boundary wall of religious differences and
cultural differences across borders during which we wrongly assume halal standards are for
Muslims only.

3. HALAL ACT IN MALAYSIA.

In Malaysia, there are around 20 certificates that may be used to allude to halal
certification. However, this study will only cover a few measures, including the Consumer
Protection Act of 1999, the Trade Descriptions Act of 2011, and the Trade Descriptions
(Certification and Enforcement) Act of 2012. The Food Act of 1983, the Trade Descriptions
(Definition of Halal) Act of 2011, the Halal Marking Act of 2011, the Halal Marking Act of

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2011, the Halal Marking Act of 2011, the Halal Marking Act of 2011, and the Halal Marking
Act of Food Hygiene Regulations 2009 and 1985 Regulations It's a tremendous difficulty with
these regulations since there are so many of them. There are many issues that arise as a result
of a variety act.

CONSUMER PROTECTION ACT 1999.

The Consumer Protection Act of 1999 is a key lifesaver for the country's most
vulnerable users and usability issues. After more than 10 years of deliberation, the start date
was set on November 15, 1999. Although the Consumer Protection Act of 1999 is intended to
address the country's consumerism problem, it only offers protection for products and services
given or delivered to the user. When it comes to the meaning of "goods," it refers to anything
acquired or utilised for personal, domestic, or home reasons. This implies that, according to the
Consumer Protection Act of 1999, customers are protected from the use of specific
commodities that are not "products," while the halal part also includes a manufacturing method.

FOOD ACT 1983.

Food Act 1983 and regulations such as the Food Regulations 1985 and Food Hygiene
Regulations 2009 serves as legislation that protects consumers by ensuring that any food
supplied cannot contain elements that are harmful to health either in terms of food preparation,
sale and consumption something foodstuffs. This Act empowers the Ministry of Health (MOH)
to monitor pelabalen food, hygiene and food safety; ensure that food does not contain
substances harmful to health and fit for human consumption.

Section 13 (1), for example a ban on the supply or sale of harmful food. While section
16 prohibits the preparation, packaging, labeling, sale of any food that is wrong, misleading
and there are elements of fraud in terms of its character, value, content, quality, safety,
authenticity, weight and others. Although halal is not mentioned explicitly in the Act, but the
provision also takes into account the aspect of cleanliness, purity, health and quality of foods
that meet Halal as part of the concept ṭayyib.

FOOD HYGIENE REGULATIONS 2009

The Food Hygiene Regulations of 2009 (hereafter referred to as the Food Hygiene
Regulations) regulate food hygiene issues such as food preparation, preservation, and
packaging. Food storage, shipping, distribution, and sale in factories, restaurants, and food
trucks are all examples of food storage, shipment, distribution, and sale. This relabeling,

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reprocessing, and reconditioning of food are likewise regulated. This rule also applies in
considering issues relating to the notion of halalan ayyib when it comes to sanitation and health,
such as the location of a food preparation and processing facility.

4. HALAL CERTIFICATION.

4.1. THE ROLES OF THE DEPARTMENT OF ISLAMIC DEVELOPMENT

MALAYSIA (JAKIM).

There are a number of government agencies involved directly and indirectly in management
of halal industry in Malaysia. The two main agencies that are often associated with Halal
certification in Malaysia is JAKIM and Halal Industry Development Centre (HDC). In
particularly, the halal certification is under the governance of the Halal Hub Division, a special
department set up by JAKIM. Both these agencies play a very important role in the Malaysian
halal industry, and the role is very different. Jurisdiction JAKIM is focused on halal
certification and compliance with halal standards while HDC is focused on the development of
local and global halal industry and marketing of halal products. Aside from the Halal Hub
Division, JAKIM and HDC, other agencies also play a role in the industry of Halal Malaysia's
Ministry of International Trade and Industry (MITI), the Department of Standards Malaysia,
the Department of Veterinary Services, Ministry of Health (MOH), Royal Customs Department
Malaysian and Local Authorities. Each agency has its own role in the development of Halal
industry.

The involvement of so many different agencies in the success of this industry is due to the
scope of Halal industry in very broad jurisdiction which overlap is inevitable. In addition, the
absence of a single piece of legislation that specifically regulates the industry also plays a role
in the involvement of various government agencies. There are several laws relating to
inspection and enforcement of Halal in Malaysia such as the Trade Descriptions Act 2011,
Manual Malaysian Halal Certification Procedure 2011 (Second Revision) / Manual Malaysian
Halal Certification Procedure 2014 (Third Revised), the Food Act 1983 (Act 281), Regulations
Food Act 1985 and the Regulation of Food Hygiene Regulations 2009, Animal Rules 1962, the
Animal Act 1953 (Revised 2006), the Animals, 1962, the Abattoirs (Privatization) Act 1993,
the National Livestock Development Authority (Dissolution) Act, 1983, Customs Act 1967
(Prohibition imports 1998), the Local Government Act 1976 (Act 171) and the laws of Local

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Authorities, Act / Administration of Religious Affairs and the Trade Marks Act 1976. these
legislations are listed, giving authority to the different agencies according to the scope of the
task and the specific cause.

JAKIM is in charge of Halal certification, which includes everything from creating the
Halal mark to monitoring and enforcing Halal norms and shariah principles. Consumers are
more trusting in the Halal mark offered by JAKIM, according to Rezai, Mohamed, and
Shamsudin (2012a). JAKIM will inspect the halal chain before granting a firm a Halal
certification, particularly in regard to adherence to halal criteria while procuring ingredients.
Promoting the halal business is also vital, and the government should take this into account.
The responsibility of promoting the halal business involves halal training and spreading the
halal agenda throughout the country, which MITI is currently actively leading (Ministry of
Trade and Industry). The promotion for international level is led by MATRADE (Ministry of
External Trade Development Corporation).

The government's role in ensuring the integrity of the Halal food supply chain is critical.
Melatu, Samsi, Tasnim, and Ibrahim (2011) conducted a study that found that the government's
job is to protect the integrity of the Halal supply chain, and that comprises halal industrial
players and Halal consumers planning, creating, executing, regulating, marketing, and
educating. Furthermore, the government’s part covers setting up agencies and monitoring
bodies to authorize and regulate any aspect that relate to halal certification, auditing and
guidelines. In Malaysia, there are more than 20 different ministries and agencies that contribute
towards Halal regulation for halal industry.

4.2. HALAL CERTIFICATION AND SUPERVISION.

It's unclear whether the certification procedure inspects and monitors all Islamic standards,
from breeding through sale. Because some halal principles have yet to be defined, the authority
in charge of certifying the halal validity of food items and goods, particularly those imported
from abroad, is unknown. JAKIM claims to be working on halal chain oversight in Malaysia,
particularly in terms of adhering to halal criteria for procuring ingredients before a firm may
be granted halal certification. However, one of the most serious issues with halal certification
is a lack of effective policy and oversight, which makes it extremely difficult to establish that
a food manufacturer follows halal guidelines, particularly during manufacturing. "It's only
when we send representatives to such firms that everything falls into place," said Syed Ali

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Tawfik Al-Attas (2006), Director-General of Institut Kefahaman Islam Malaysia (IKIM), "but
as soon as the representatives depart, it's back to business as usual."

Diagram 1 depicts the halal governance and oversight of Malaysia's halal business. The
structure depicts the engagement of various agencies in micro and macro level oversight for
monitoring and supervision. Micro supervision will be monitored by the halal department in
the organization itself as suggested by the halal agency that producers should have one unit or
department that controls and monitors the halal process. The supervisor of the halal unit will
make sure that all of the government's standards are met. After being adequately trained by
trainers from halal government authorities such as JAKIM and HDC, this unit will usually
oversee actions in the organisation (Halal Industry Development Corporation). Macro
oversight refers to the whole halal supply chain's involvement. Halal agencies are involved at
every stage of the production process, from the beginning to the end.

The standard department of JAKIM will direct the flow of storage in accordance with halal
storage regulations. Storage is a logistical challenge. JAKIM will verify that the commodities
must follow halal logistical guidelines. Be kept separate from non-halal products The Ministry
of Transportation (MOT) is currently logistics and safety standards are the responsibility of the
person in charge. After the logistics were completed, the halal certification was obtained. The
HDC (Halal Development Commission) will oversee and inspect the retailing phases.
Development Corporation) and MITI (Ministry of International Trade and Investment)
(Ministry of Trade and Industry). stage of retail involves halal food promotion and training, as
well as halal food logos and certificates. Both on a national and worldwide scale the key
organisations in charge of advertising goods and services HDC and MITI are the goods,
whereas HDC is the category for training. After the approval of products is obtained, it means
that it has successfully fulfilled the standards. Hence, the final stage is the consumer. The
products are safe to consume after being supervised and monitored by the Ministry of Domestic
Trade, Co-operatives and Consumerism (MDTCC). For commercial purpose, the JAKIM logos
and certificates indicate that products are safe to use and consume under Ministry of Health
(MOH) approval.

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Diagram 1: Halal Governance and Supervision in Halal Industry

4.3. MONITORING AND INSPECTING.

During daily inspections of businesses, several queries about the usage of halal goods
emerge. One example is the issue of agencies failing to monitor and examine the producing
facility. Second, the monitoring and inspection operations are irregular due to a lack of
experience and a suitable number of people. Monitoring is a possible difficulty in halal
certification, particularly after the halal certificate has been issued. Many businesses are no
longer concerned about meeting the certification's halal standards. Without a doubt,
certification and quality assurance will not suffice in determining the needs of customers for
meals and products.

Halal encompasses all aspects of quality, safety, and cleanliness, including slaughter,
storage, presentation, and preparation. They are responsible for ensuring that JAKIM's
cleanliness and sanitation criteria are followed. However, not all of these standards are
followed; unambiguous principles, for example, have yet to be established and rigorously
monitored. Despite being certified halal, there are claims that firms do not follow halal
processes; this charge misleads the community.

However, as consumer demand grows, more people are applying for halal certification.
This comprises expanding revenue in halal food's key markets, as well as rising demand for
safe, high-quality, and diverse halal meals. As a result, specific policy steps under Malaysia's
halal governance are necessary. Although the government's legislation would eliminate the

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problem of bogus halal certifications from untrustworthy sources, regulatory mechanisms are
still needed to ensure Muslims' trust in certifying items, as well as many laws to safeguard
consumers in terms of halal meals and products. Because Muslims are more visible socially
and politically nowadays, there is a growing demand for halal-certified food items.

However, it is unknown if the monitoring features are used in the production of meals and
goods. It's debatable, for example, whether abattoirs follow Islamic law while slaughtering
meat and fowl. A manufacturing facility that produces food for Muslims must also adhere to
Shariah norms. Halal cuisine is not only for Muslims to eat; the guidelines of halal standards
are safe for non-Muslims to eat as well. Furthermore, although being tied to the same ministry
and policy, relevant agencies follow separate policies. Different ministries, such as the Ministry
of Health, the Ministry of Agriculture, and others, create policies and guidelines, which are
then enforced and implemented by the agencies. The policies are ambiguous and non-
standardized. Another problem is that most implementation operations, such as inspection and
monitoring, are restricted to just ports of entry. The majority of imported items are inspected
at the port of entry for pig, pork products, or alcohol, as well as halal certifications. Imports,
exports, inspection, and enforcement are all covered under the Halal law, which is difficult to
apply.

4.4. HALAL AND REGULATORY ACTIVITIES.

Standards and Acts are instruments that agencies use to ensure that all of their actions are
enforced and carried out. In Malaysia, there is no such thing as a supreme halal legislation. In
terms of halal governance in the halal business, it is critical to draught a halal act or halal
regulation that can be found under one roof and serves as the halal sector's primary legal
framework. Disunity exists in both implementation and prosecution jurisdictions due to the
issue of multiple entities with varied rights, obligations, and powers, as well as conflicting
jurisdictions. JAKIM and MAIN (Majlis Agama Islam Negeri), for example, must give courses
and training related to investigation and prosecution responsibilities. Under the Trade
Descriptions Act 2011, the MDTCC (Ministry of Domestic Trade, Cooperatives, and
Consumerism) has assigned JAKIM officers and state Islamic officials as enforcement officers
known as assistant trade description controllers, in other words, JAKIM employs the MDTCC's
Act (TDA 2011).

JAKIM, as the halal supply chain enforcer, does not, however, have veto authority. So far,
240 people from JAKIM, JAIN (Jabatan Agama Islam Negeri), and MAIN have been appointed

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by the ministry. To further strengthen and generate devoted law enforcement agents, courses
relating to investigation and prosecution must be done on a regular basis. Relevant information
and exposure about raids, prosecutions, inspections, and statutes like the Evidence Act, the
Criminal Procedure Code, and others must be improved. However, there are limits in the
context of training since there are no stringent selection processes for JAIS officers, and some
officers fail to complete the prescribed work. Some policemen are unprepared to take on the
demands of law enforcement. JAIS needs to deal with the transfer of personnel or officers in
the department, in addition to concerns of affordability, efficiency, and competency of the
officers. As a result, many cops are incapable of performing these tasks.

5. CONCLUSION

Halal certification is regarded as authoritative in Malaysia, and it serves as a sign of

assurance and trust. Halal certified items have social as well as economic ramifications. Halal
certification in Malaysia is widely recognised. It can serve as a model for other countries. At
the moment, halal is the only option. Certification is no longer within the control of the state;
it now belongs to the federal government. As well as the international community. JAKIM is
responsible for Halal certification from the establishment of the Halal logo, monitoring and
enforcement as well as ensuring that Halal guidelines and shariah principles are followed.

In response to this vision of Malaysia as a halal centre, the government is attempting to

put the country as an example for other nations in terms of halal product distribution,
manufacturing, and marketing. Ineffective rules and inadequate administration, on the other
hand, might raise concerns. To strengthen Muslim faith and the stability of Malaysian halal
certification, effective monitoring should be implemented. To improve the halal sector, such a
programme is required. The present monitoring structures, on the other hand, are still in the
early stages of development. Without concerted measures to rectify this situation, gaining the
trust of Muslim customers and promoting stability and future growth of the Malaysian halal
business for the rest of the globe would be difficult.

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