1. IMPORTANT DEFINITIONS AS PROVIDED FOR IN THE TRADE DESCRIPTION ACT [USAGE OF STATEMENT HALAL (PERMISSIBLE) 1975]

ISLAMIC LAWS (SYARIAH LAWS)

Islamic law as stipulated in ‘fiqh Shafie’ or laws as contained in any one of the fiqh of Maliki, Hambali or Hanafi which are approved by the King and enforced in the Federal Territory, Malacca, Penang, or approved by any other Ruler to be enforced in any other state in Malaysia.

The sources of the Islamic laws are the Al Quran, Hadith, Ijma’ and Qiyas. Whichever food substances mentioned in any one of these sources mentioned above, be it Halal (permissible) or Haram (forbidden), is interpreted as being Islamic Law.

Since the main source of the Islamic Law is Al-Quran, all Islamic rules are also Allah's Law. It is not created by men and is not a burden to human being since it is for their own good, to have a better living in this wonderful world. It is also a tool to differentiate between those who are wise and those are not.

DEFINITION OF HALAL (PERMISSIBLE)

HALAL in general term means permitted, allowed, authorized, approved, sanctioned, lawful, legal, legitimate or licit. The word ‘Food for Muslims’ or ‘food certified Halal’ or ‘Halal’ or having similar meanings can be define as follows:

a)  Free of, and not made of, or containing any part or substance taken or extracted from animal which are forbidden (HARAM) to be consumed by Muslims, according to Islamic laws.

b)  Not containing any substances, which is declared as filth according to Islamic Laws.

c)  Not prepared, processed, produced or manufactured using utensils, equipment and / or machinery which are not free from filthy substances as directed by Islamic Laws, and

d)  During preparation, processing or storage, it should not come into contact or be in close proximity with any food which do not fulfill the requirements as stipulated in Paragraph (a), (b) or (c) or any substance declared as being filth according to Islamic Law.

FILTH ACCORDING TO ISLAMIC LAW:

Filth is things that are considered as impure and dirty and it should not be used as foods, clothes, drinks or others. Filth, according to Islamic Law, are:

1.  Substances such as Pork, Blood and Carcasses (Carrion) which are filth by themselves and as such cannot be accepted as clean.

2.  Clean substances contaminated by filth and cannot be purified.

3.  Clean substances contaminated by filth and can be purified.

2. SOURCES OF HALAL FOODS AND DRINKS

The main sources of human food and drink are plants and animals that have been created by Allah on the earth, as a gift to its followers. Therefore they should be appreciated. But these plants and animals came from various kind and species; some of them are Halal and the others are Haram. Allah has created Halal and Haram for the sake of human benefits.

ANIMALS - it can be divided into two main categories:

a)  Land Animals.
b)  Water Animals.

1) Land Animals -All land animals are permitted to be eaten except:

a) Animals not slaughtered according to Islamic Laws.
b) Pigs.
c) Dogs.
d) Carnivorous animals that slash and kill, such as tigers, bears, elephants and
other similar animals.
e) Birds with claws or birds that feed by snatching and tearing, such as eagles and other birds similar. (Scavengers and birds of prey)
f) Animals which are permitted to be killed in Islam such as rats, centipedes, eagles, scorpion and other similar animals.
g) Animals and insects forbidden to be killed in Islam, as ants, bees and woodpecker and any other animals.
h) Animals which are generally considered as repulsive such as lice, flies, maggots and other similar animals.

2)  Water Animals:
Water animals are those which live only in water. They are Halal (Permissible) and can be eaten, except if poisonous, intoxicated, and harmful to human health.

PLANTS
All types of plants and their products are Halal (permissible) and can be eaten except if poisonous, intoxicated, and harmful to human health.

DRINKS
All forms of water are permissible (Halal) and can be taken except if they are poisonous, intoxicating, and harmful to human health. Islam forbids the intake of alcoholic and intoxicating drinks such as wines and alcoholic beers. Water mixed with filthy water or food laced with wine and alcohol are also not permissible.

3. SLAUGHTERING OF ANIMALS

Muslim slaughter is an entity to the religion. The method of slaughtering is according to the Islamic Law. It is different from other religion’s slaughtering method; it is not a ritual slaughtering and offerings to god. Halal animals are slaughtered to express respects to them and to thank Allah for It's gifts in providing the animal as clean and healthy food.

The act of slaughtering must assure the animal suffer minimal pain as possible. All forms of Islamic slaughtering must comply with the following regulations:

a) Slaughtering must be performed manually by Muslim of sound mind, mature and he fully understands the fundamentals and conditions related to slaughtering.

b)  Animals to be slaughtered must be animals that are permitted (Halal) to be eaten.

c)  Live animals living in their habitat (Hayat Mustaqirrah). The animal must be
healthy and not in the state of stress.

d)  The respiratory tract, esophagus (channel for taking in food) and jugular vein must be severed, to assure maximum removal of blood and less suffering to the animal, and 

e)  All slaughtering devices must be sharp and are not made of bones, nails and teeth. The use of sharp and clean slaughtering devices is to assure that the act of slaughtering is quick and not cruel to the animal and that the animal experience minimal pain as possible.

4. ALCOHOL

Alcohol has been interpreted as substances that cause intoxication or as intoxicants and is harmful to our body. The intake of alcohol and wine is considered as intentional intake of intoxicant. Alcohol can be produced through various processes such as fermentation, chemical processes or others methods.  It is also used as an ingredient or processing aids in many products such as medicine, soft drink and cosmetics. Their uses in these products are not intentionally meant to be as an intoxicating drink or substance such as beer or wine. It acts as stabilizing agent in soft drinks and its special characteristic that is good organic solvents make alcohol or its derivatives usable in many types of oil and fat products.
The Fatwa Committee of Malaysia in their meeting on 11-12th April 1984 has decided a few important points regarding alcohol. 

They are:
1)  All liquor contains alcohol but not all alcohol is liquor. Alcohol which was derived from the liquor production processes is Haram and considered as filth but alcohol which are derived from non-liquor production processes is not filth but Haram to be drinked because it is poisonous and harmful.

2)  Soft drinks which are made with the same way as the liquor production process either contained a little alcohol or its alcohol has been distilled are haram to be drink.

3)  Soft drinks which are not made for liquor or any intoxicating drinks and are not produced in the same way as the liquor processes are Halal.

4)  Cordials which contain any flavoring substances derived from alcohol for the
purpose of stabilizing the soft drinks are allowed to be used as drinks, if:
a)  The alcohol is not made from a liquor production process.
b) The quantity of alcohol in the flavors is too little and not resulting in drunken
condition or any side effect.
5)  Tapai (fermented rice or cassava) is Halal to be eaten.
6)  Alcohol that is produced from the food production processes (by products) is non-filth and allowed to eat.
7)  Medicines and fragrances, which contain alcohol, are allowed to be used.
8)  Alcohol is usually used as:
a)  Active ingredient in drinks, food and medicine.
b)  Solution medium such as for cosmetics and fragrances.

5. PRESENTATION AND STORAGE
All Halal goods that are kept, displayed and served must be isolated from goods that are non-Halal to prevent mixing or contaminating with filth. Any goods coming in contact with filth or non-Halal materials are considered as filth and Haram to be used or eaten.

6.  FOOD PROCESSING AND COOKING
All processed foods are Halal if the ingredients used are Halal, so as and the processing done is clean and free from the filth such as :
i)  Must not be made of, or containing any parts or products from animals, which are forbidden by Islamic Laws to be consumed by Muslims or not slaughtered according to Islamic Laws. 
ii)  Must not contain any products which are considered as filth according to Islamic Laws whether in little or large quantities such as pig oils, fats, lards from carcass, types of alcohol and other items. 
iii)  Must be prepared, processed or manufacturer using equipment which are free from filth according to Islamic Laws, such as cutting devices, premises, containers and other related equipment.
iv) During preparation, processing and storage, food must not come into contact or close proximity with any food which do not meet the requirements in Paragraph I, II or III or any product that is considered as filth according to Islamic Laws.

7.  HYGIENE/ SANITATION
Hygiene and cleanliness are strongly emphasized in Islam and it includes every aspect of personal hygiene, dress, equipment and premise where food is processed or prepared. In fact the basis of Halal itself is hygiene and health (Halal and Toyyiba)

The objective is to ensure that the food produced is absolutely clean and not harmful to human health.

Hygiene can be defined as being free from filth, dirt, materials prohibited by Islam and not clean according to Islamic Laws. Several aspects, which are emphasized, include;

a)  Premise for the manufacturing, preparation and sale of food and drinks must be clean and free from any element, which can cause infestation from flies, rats, cockroaches, lizards and other similar pests.
b)  Workers in food factories must be healthy and the must wear clean protective clothing to prevent food from dirt and possible contaminants. All Standard Operating Procedures for maintaining food hygiene must be adhered to.
c) Equipment used must be clean and washed frequently to ensure cleanliness. Rinsing
with clean running water is the method to be used apart from cleaning and use of
suitable cleaning agent.
d)  Toilets and wash rooms, which can be source of dirt and harmful germs, must be
cleaned from time to time. Proper hand cleaning is necessary after each usage of
toilet and before starting of food processing.
e)  Regular cleaning and sanitization assures prevention and reduction of harmful contaminants.

8. GOODS UTILIZED BY MUSLIMS
Halal is not only restricted to food. It encompasses anything that comes in contact in everyday life, particularly products used by Muslim. For the purpose of these guidelines goods that are to be used by Muslims can be divided into the following categories.

COSMETICS
Cosmetics items made from plants and chemicals are permissible except those that are poisonous and harmful to health. Cosmetics made from animal sources, which are Halal and do not contain filth are also permissible.

CLOTHING AND EQUIPMENT
Clothing and equipment which are made from plants, fur/leather except from pigs and dogs, bones from animal sources which are Halal and have been slaughtered, animal skins which have been preserved by tanning except pig’s and dog’s skin, are all permitted to be used.

9. HALAL LABEL (PERMISSIBLE)
The used of label ‘HALAL’, ‘CERTIFIED HALAL’ or any other statement which can give similar meaning, permitting, allowing Muslim to eat, drink and manufacture, preparation and sale in the premises is Halal for Muslims.
The use of such label which indicate the product that is Halal is subjected to the Trade Description Act (Use of the statement ‘HALAL’) 1975 and Trade Act (food Labeling) 1975, is attached.

10.  CONCLUSION
It is envisaged that these guidelines will give a better understanding regarding foods, drinks and goods used by Muslims and other concerned.

Muslim consumers are very particular about the products they consume and use. In some cases personal claims made by the manufacturer that their products are Halal are just not good enough. A system of verification by an independent party is expected before a good could be considered fully accepted by a good Muslim.

A transparent system of halal auditing, not just mere inspection, is most welcomed in order to develop ‘zero suspicion’ of a manufactured product. In this connection, manufacturers are reminded and advised to comply with all the ‘HALAL’ requirements, which have been clearly laid as above. All claims made by manufacturer must be substantiated or they may be liable for prosecution under the existing laws. 

Halal food is now a multi-billion dollar business worldwide. The demand for Halal food is on the increase and is now widely accepted. Halal certified food has met an international standard for food safety. It is important that potential halal food manufacturer understand the actual requirement for Halal certification in order to capture the growing market. The Malaysian Halal food standard and certification program has been accepted and was used by FAO/Codex commission in the preparation of the Codex halal standard (Codex Alimentarius Commission – Codex General Standard for the Labelling of Prepacked Foods – Codex Stan 1-1985, subsection CAC/GL 024-1997 – General Guidelines For Use Of The Term “HALAL”).

Manufacturers are required to prepare their operation for Halal compliance manufacturing before any auditing could be carried out by certification body. AmalMerge (M) Sdn. Bhd. provides guidance and advisory services to potential Halal manufacturer in preparing them for certification. Manufacturers could seek advice from AmalMerge on plant setup for Halal-compliance manufacturing, product preparation and training.
APPENDIX 1

P.U. (A) 237

TRADE DESCRIPTIONS ACT, 1972 Act 87

In exercise of powers conferred by section 10 of the Trade Descriptions Act, 1972, the Minister hereby makes the following order:
Citation
1. This Order may be cited as the Trade Descriptions (Use of Expression ‘Halal’) Order 1975.
Definition

2. In this Order unless the context otherwise requires ‘Hukum Syarak’ means the Laws of Islam under the Mazhabs of Maliki, Hambali of Hanafi which are approved by the Yang di Pertuan Agong to be enforced in the Federal Territory or approved by the Ruler of any other state  to be enforced in the State.
‘Halal’

3. When use in relation to food in any form whatsoever in the course of trade or business, as or as part of a trade description applied to the food, the expression ‘Halal’, ‘Di-tanggong Halal’ or ‘Makanan Islam’ or any other expression indicating or likely to be understood as indicating that Muslims are permitted by their religion to consume such food expression shall have the following meaning, that is the food in relation to which such expressions are used;
a) Neither does it consists of, nor contains, any part or matter of an animal that a Muslim is prohibited by Hukum Syarak to consume that has not been slaughtered in accordance with Hukum Syarak;
b) Does not contain anything which is considered to be impure according to Hukum Syarak; and 
c) Has not been prepared, processed or manufactured using any instrument not free from anything impure according to Hukum Syarak; and 
d) Has not in the course of preparation, processing or storage been in contact with or been in close proximity to any food that fails to satisfy paragraph (a), (b) or (c) or anything that is considered to be impure according to Hukum Syarak.


Made this 29th day of July, 1975.
[PN. (PU 120; B.PGK.O. 5001/3/32]
DATUK HAJI HAMZAH BIN ABU SAMAH
Minister of Trade and Industry.

APPENDIX 2

P. U. (A) 298

TRADE DESCRIPTION ACT, 1972
In exercise of the powers conferred by section II of the Trade Descriptions Act, 1972, the Minister hereby makes the following order:
1. This Order may be cited as the Trade Descriptions (Marking of Food) Order, 1975.
I.  All food specified in the Schedule hereto which is Halal according to the Trade Description (Use of Expression Halal) Order, 1975 shall not e supplied unless it is marked by a label, tag or any other form of mark that such food is Halal.
II.  All uncooked meat and offals, including poultry, shall not be supplied unless it is marked by a label, tag or any other form of mark indicating that such meat or offal had or had not been chilled or frozen.
SCHEDULE
All meat and offals, including that of poultry which is:
I.  Fresh, chilled or frozen
II.  Cooked, canned or in any other manner preserved by cooking or preservation is done in Malaysia.
Made this 18th day of September, 1975.
[P.N.(PU 120; B.PGK.0.5001/3/32.]
HAJI MOHAMED BIN YAACOB,
Minister of Trade and Industry.