Topic 6 - subtopic 2

JAKIM; MALAYSIA HALAL HALAL CERTIFICATION
CERTIFICATION AGENCY S TA N D A R D

PREPARED BY:
DR NURULAINA SAIDIN

HISTORY On 1 January 1997, in line with the growing development and
progress of Islam in the country, the Department of Islamic
▪ 1969 - Conference of Rulers of Development Malaysia (JAKIM) was established by the Malaysian
Malaysia (Majlis Raja-Raja) decided government as taking over the power and role of BAHEIS.
that there was a need for a body to
mobilize development and progress of 2
Muslims in Malaysia

▪ A secretariat to the National Council of
Islamic Religious Affairs Malaysia
(MKI) was established, to preserve the
purity of Islamic beliefs and teachings.

▪ The secretariat was later developed
as the Religious Division, the Prime
Minister's Department which was then
re-promoted to the Islamic Affairs
Division (Malay: Bahagian Hal Ehwal
Islam) (BAHEIS).

TEACH A COURSE

Function of the
Department of Islamic
Development Malaysia

(JAKIM)

TEACH A COURSE 3

Implement community 8 as a planner who
development efforts
through regional and 1 determines the
international development and
cooperation. progress of Islamic
Affairs
Acting as collector, 7
disseminator & Formulate a policy
reference center of JAKIM
information CENTRAL 2 for the development
on Islamic affairs of Islamic Affairs in
ROLES the country

Coordinate nationwide 6 maintain the
legal enforcement
mechanisms & regulatory 3 purity of Islamic
affairs for Islamic Affairs beliefs and
teachings
Implement ummah 5
development programs Assist in formulating,
& appreciation of Islam in
the country management 4 harmonizing necessary
laws and regulations to
resolve problems of
Muslims

ISH603 - HALAL CERTIFICATION STANDARD 4

MAIN SECTORS

Policy Operation Management

• Islamic Development • Preaching division • Human resource
Policy division • Education division Management division
• Family, Social and
• Research division • Information
• External Affairs and Community division management division
• Broadcasting division
Relationships division • Publications division • Financial division
• Halal Management • Management services

division division
• Maqasid Syariah

division
• Coordination of

Shariah Enforcement
and Prosecution
division

TEACH A COURSE 5

JAKIM, THE COMPETENT
HALAL AUTHORITY
IN MALAYSIA

Before the Amendment of Definition of halal was:
TDA 2011 “When any food in any form used in relation to trade or
business as or as part of, trade description applied to
Trade Description Act (TDA) took effect on 3rd the food, the expression “Halal”, “Di-tanggong Halal” or
November 1972. “Makanan Islam” or any other expression indicating or
The objectives are; likely to be understood as indicating that Muslims are
permitted by their religion to consume such food such
i) to prohibit misdescription of food and goods, expression shall have the following meaning-
ii) indicate the price of goods during the course (a) neither is nor consist of or contains any part or
of trade and business
iii) forbid the creation of deceitful or matter of an animal that a Muslim is prohibited by
misrepresentative statements of any services or Hukum Syarak to consume or that has not been
goods. slaughtered in accordance with Hukum Syarak;
Due to the strong demands of consumers, the (b) does not contain anything which is considered to be
Malaysian government enacted two regulations impure according to Hukum Syarak;
under this Act, i.e. the Trade Description (Use of (c) has not been prepared, processed or manufactured
Expression Halal) Order 1975 and the Trade using any instrument that is not free from anything
Description (Making of Food) Order 1975. impure according to Hukum Syarak; and
(d) has not in the course of preparation, processing or
storage been in contact with or close proximity to
any food that fails to satisfy paragraphs (a), (b) or (c)
or anything that is considered to be impure
according to Hukum Syarak”

7

Loopholes in the TDA 1972

The act could not effectively regulate the halal issues due to a few factors;

I. The absence of a comprehensive definition of halal (halal definition was restricted in
terms of food)

II. The absence of specific provision for exercise of jurisdiction (who is designated to handle
halal matters and which authority had to issue the halal certificate).

III. No definite authority authorized for issuance of halal certificate and logo. (Few private
companies to issue halal certificate and halal logo) (Trade Descriptions (Use of
Expression Halal) Order 1975)

IV. Fraud or abuse cases of halal logo and halal certificate

V. Lacks legal authority to arrest and prosecute abusers of Halal certified assurance had led
some to challenge JAKIM’s ability to restrict the activities of deviant Halal manipulator
and abuser

8

Post-Amendment of • Objectives ;
TDA 2011 To insert some provisions regulating the issuance of
Halal certification
Malaysian legislators amended the TDA in 2011 To reform the loopholes in the laws regarding trade
(after 39 years of enforcement) and it was description and halal.
enforced on 1st November of the same year.
Trade Description (Use of Expression Halal) Order • Few added section, Sections 9 (1 and 2), 16, 20, 23,
1975 and the Trade Description (Halal Labeling) 32 (halal regulations)
Order 1975 were also restructured
Trade Description (Definition of Halal) Order 2011, • Introduction of Sections 28, 29
and
Trade Description (Certification and Marking of The new amendment Act 2011 promotes good trade
Halal) Order 2011 and Trade Description practices and prohibits false trade, statements and
(Certification and Marking of Halal Fees) conduct in relation to goods and services.
Regulations 2011.
These by-laws (enforced on 1st Jan 2012) provide TDO 2011 also provides guideline of penalty against
specific legal provisions on matters related to halal criminal acts.;
• offence committed by a corporation, is liable to a

fine not more than RM5 million and not more than
RM10 million for the next or succeeding offences
• offence committed by an individual liable to a fine
not more than RM1 million and for the next or
succeeding offence, fine not exceed RM5 million or
imprisonment, not more than five years, or both.

9

Section 3 of Trade Description (Definition of Halal) Order 2011

Provides the definition of halal regarding food, goods or services in the course of trade or business or
by any other means which indicate that Muslims are allowed to eat such food.
“The food, goods and services for which halal is applied that:
a) does not consist of or contain any part or matter of an animal that a Muslim is prohibited from

consuming or has not been slaughtered in accordance with Shariah and fatwa;
b) does not contain anything impure according to Shariah and fatwa;
(c) does not intoxicate according to Shariah and fatwa;
(d) does not contain any part of a human being or its yield which is not allowed by Shariah and fatwa;
(e) is safe to be used or consumed, not poisonous or hazardous to the health;
(f) has not been prepared, processed or manufactured using any instrument that is not free from

anything impure according to Shariah;
(g) has not in the course of preparation, processing or storage been in contact with, mixed, or in close

proximity to any food that fails to satisfy paragraphs (a) and (b)”.

10

Trade Description (Certification and Marking of Halal) Order 2011

Assign competent halal authority as according to Section 2(1) of the Order.

JAKIM and the State Islamic Religious Council as competent authorities in
monitoring, controlling and enforcement activities

These two authorities can certify food, goods and services as halal under this
order. Any food, goods and services shall not be conferred halal certification
unless the abovementioned authorities certify it as halal.

TDO gives power to Ministry of Domestic Trade, Cooperatives and
Consumerism (MDTCC) to receive official complaints from business owner
before necessary action is taken to stop any offence in the case of false trade
description.

11

Sections 28 and 29 of the TDA 2011

Conferred power to the minister to make orders and regulations for effective
halal enforcement.

For instance, Trade Description (Definition of ‘Halal’) Order 2011 provides
definition of halal, service in relation to food and goods along with punishments
for offence for deceitful or misleading use of halal.

Trade Descriptions (Certification and Marking of ‘Halal’) Order 2011, defines
halal certification and delivers power to JAKIM and State Islamic Religious
Council as competent authorities for issuing uniform halal logo for Malaysian
food and goods.

12

Inadequacy in the TDA 2011

Though JAKIM and State Islamic Religious Council are considered as the
competent authorities, general practice showed neither JAKIM nor State Islamic
Religious Council is involved in infringement case of those Act and Orders.
In all cases, MDTCC is the main party (JAKIM has prosecution power but only
function as a witness in the court).
Application of this law and orders is only limited to the traders, manufacturers
or producers whose food or goods contain halal mark/logo.
Law and orders do not impose an obligation that all food and goods are
compulsory to use the halal logo

13

JAKIM; THE HALAL CERTIFICATION AUTHORITY

SUMMARY

❑the competent authority in Malaysia stipulated
by law for Halal certification.

❑implement the Halal certification system and
owner of the Malaysia Halal logo.

❑JAKIM is currently the sole Halal certification
body in Malaysia that certified local and exported
products (Since the amendment of the Trade
Description Act in 2011)

❑also the governing body that monitors and
enforces halal regulations in Malaysia

❑Recognized foreign Halal certification bodies
and authorities

14

THANK YOU

15

HALAL CERTIFICATION
STANDARD
INSTRUCTOR

▪ DR. NURULAINA SAIDIN
▪ ACADEMY OF CONTEMPORARY

ISLAMIC STUDIES
▪ [email protected]

16