Jakim calls for consideration of dedicated Halal Act to strengthen enforcement

KUALA LUMPUR: The government should consider introducing a dedicated Halal Act to strengthen enforcement and address misuse of halal logos, terms and claims.

Department of Islamic Development Malaysia (Jakim) director-general Datuk Dr Sirajuddin Suhaimee said the proposal for a more comprehensive Halal Act had often been discussed as it could strengthen the country's halal regulatory ecosystem.

He said one argument for creating a specific act was that it could provide clearer and more comprehensive powers within a single legal framework, without relying heavily on multiple separate laws.

"First, it can provide clearer and more comprehensive powers within a single legal framework without relying on various acts.

"From a legal perspective, halal-related enforcement in Malaysia involves several acts administered by different agencies according to their respective jurisdictions," he said.

He said a specific Halal Act could also strengthen enforcement against the misuse of halal logos, terms and claims, including by parties that were not halal industry players.

He said halal-related matters in Malaysia were currently regulated through several legal instruments.

He added that a more comprehensive legal framework had the potential to further enhance consumer confidence and strengthen international confidence in the integrity of Malaysia's halal system.

However, Sirajuddin said the need for such legislation should be considered after taking into account existing laws, enforcement effectiveness and administrative implications.

Currently, halal matters in Malaysia are regulated through several legal instruments, particularly the Trade Descriptions Act 2011 (Act 730) and its subsidiary legislation, namely the Trade Descriptions (Certification and Marking of Halal) Order 2011 and the Trade Descriptions (Definition of Halal) Order 2011.

Halal regulation is also supported by relevant state enactments, the Malaysian Halal Certification Procedure Manual (MPPHM), standards and guidelines developed by Jakim, as well as other laws enforced by agencies such as the Domestic Trade and Cost of Living Ministry, Health Ministry and local authorities.

Sirajuddin said the enactment of Act 730, particularly Sections 28 and 29, had provided a clear and comprehensive legal basis for regulating the use of halal descriptions in Malaysia.

He said the provisions empowered the ministers to prescribe orders relating to halal certification, marking and definitions, while ensuring that halal representations and claims were made lawfully, accurately and in compliance with Shariah and legal requirements.

However, he acknowledged that the diversity of existing legal provisions had, to some extent, posed challenges in coordinating jurisdiction and enforcement among the authorities involved.

"Likewise, in terms of implementation, it was found that there are still several gaps and it is not fully able to accommodate the rapid development of the halal industry, which is increasingly complex and spans various economic sectors," he said.

In this context, he said the need for a specific Halal Act could be seen as an option to consolidate and clarify the legal framework, particularly as the halal industry expanded beyond the food sector and into various areas of the economy.

At the same time, Sirajuddin said that the more important priority at present was to continue strengthening the existing legal framework, particularly in enforcement, prosecution and inter-agency coordination, so that cases involving misuse of halal certification and claims could be dealt with more firmly and effectively.