Halal Industry: Key Challenges and Opportunities
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Halal Industry - Hussein Elasrag
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Introduction
It must first be stated that the Islamic dietary and consumption system is different and unique compared to other ethnic dietary systems. The world community has now begun to understand the importance of the Muslims requirement for food and other consumption known as halal. The market for certified halal food and products is growing robustly, both domestically and internationally. Although the term halal has never attracted as much attention as in recent times, today, wherever there are Muslim consumers whose tastes and preferences are governed by halal rules on food specification, a halal food market exists. Every Muslim must ensure that what they eat comes from a halal source. This does not mean only to check the ingredients per se, but also to ensure that the whole process is in accordance with Shari'ah principles. (Zakaria 2008)
Halal is an Arabic word meaning lawful and permitted. This Halal concept comes from the Holy Quran which it uses to describe objects and actions. Islam is a natural way of life and encompasses the concept of an economic system based on human cooperation and brotherhood, which is based on the consultation and dietary laws for all humanity. Halal consists of anything that is free from any component that Muslims are prohibited from consuming. This can be classified as 'pork free' in its physical existence, including food substances such as gelatin, enzymes, lecithin and glycerin as well additives such as flavorings and coloring.(Zakaria 2008, Hj Hassan 2013)
Halal is a Quranic term that means permitted, allowed, lawful or legal. Its opposite is haram (forbidden, unlawful or illegal). According to Shari’ah, all issues concerning Halal or Haram and even all disputes should be referred to Quran and Sunnah. Halal and Haram are universal terms that apply to all aspects of human life whether is related to his ibadat or muamalat or mua’sharah. Halal may be defined as an act, object or conduct over which the individual has freedom of choice and its exercise does not carry either a reward or a punishment. Halal may have been identified by explicit evidence in the Shari’ah or by reference to the presumption of permissibility (ibahah). At the global level, the Food and Agriculture Organization of the United Nations has prepared general guidelines for use of the term halal to be adopted by member countries. (Ager, Abdullah et al.)
Basic principles for Halal products are:(Malboobi and Malboobi 2012)
1. Being Halal or Haram products is the function of being lawful or unlawful with respect to Divine orders.
2. Assigning Halal or Haram depends on being beneficial or harmful, respectively.
3. In the context of the above concepts, assigned orders in Shari'ah are both fixed and variable rules based on the state of subjects on specific times and places.
4. Orders in Shari'ah are ranked based on the degree of being beneficial or harmful while the best choice is preferred whenever it is necessary.
5. Some controls and governing regulations such as La zirar
(no harm to human), Haraj (the existence of serious threat and/or constraints), and urgency rules occasionally disapprove the orders.
Therefore, especially Muslims are responsible to embrace of this order more than anyone. This is a faith issue for them. Due to it is a faith issue of Muslims, non-Muslims can never deal with Halal and Tayyib standardization and certification. No one can abuse this for their commercial and ideology. Non-Muslims can never be involved in Halal and Tayyib certification as they can’t be an imam at the mosque in prayers.
It is thus important for the world community, both Muslim and non-Muslim, to recognize the potential of the Halal industry. This is because delving into an emerging billion-dollar industry such as the Halal industry could help to further develop the economy just as it would serve to solve some of the long-standing problems faced by the Muslim community. There are reasons why the Halal industry is important to world’s growth as a multi-racial society. Many Muslims and non-Muslims consumers still do not understand the spirit of Shari'ah governing these products. Halal principles are not confined to the strictly religious, but involve health, cleanliness and safety. This book will help to deepen understanding of the concept of Halal so as to familiarize non-Muslims about Halal principles and products.
CHAPTER 1
Sources of Shari'ah law
Shari'ah law is derived from a number of primary and secondary sources.(Allen&OveryLLP 2009)
Qur'an
The Qur'an is a primary source of law and is believed by Muslims to contain the word of God as revealed to the Prophet Mohammed. Evidence found in other sources of Shari'ah law is subject to the Qur'an.
Sunnah
Sunnah literally means well known path
. The Sunnah is a primary source of law and comprises traditional accounts of what the Prophet Mohammed said or did during his life
Which have legal content. Sunnah also comprises the sayings of others tacitly approved by the Prophet's silence.
Hadith
A further primary source of law is the narrative record of sayings and actions of the Prophet Mohammed known as hadith (plural ahadith). The extent to which sunnah is derived or differentiated from ahadith depends on the context and school of thought being considered.
Qiyas
Qiyas represents the process of reasoning whereby the principles found in the Qur'an and sunnah are extended to new cases by analogy.
Ijma
Ijma represents the consensus of the Islamic community (whether at a local or global academic level) on a particular issue.
Ijtihad
Ijtihad is the interpretation and the opinion of Islamic jurists on a particular issue. Qiyas,ijma and ijtihad are all secondary sources of Shari'ah law.
Issues relating to interpretation and application of Shari'ah law
Since Shari'ah law is not a single codified body of law and is open to interpretation, the opinions of Shari'ah scholars may differ on the same question of Shari'ah law depending on the school of thought to which particular scholars belong. In addition, scholars' views on questions of Shari'ah law may change over time. This can lead to uncertainty and inconsistency of interpretation and application of Shari'ah law across the Islamic world.(Allen&OveryLLP 2009, Ayub 2009)
Key Shari'ah principles and prohibitions relevant to finance
There are a number of key Shari'ah principles and prohibitions relevant to finance and commercial transactions which distinguish Islamic finance from the conventional forms. For completeness, it should be mentioned that there are two main branches within Islam: sunnism and shiaism. The majority of Muslims are sunni and the following is limited to the discussion of the general Shari'ah principles relating to Islamic finance within sunni jurisprudence. The key Shari'ah principles which underpin Islamic finance, and have led to the creation of a separate finance industry, are as follows:(Allen&OveryLLP 2009)
Prohibition on usury and interest (riba)
Prohibition of interest. Prohibition of riba, a term literally meaning an excess
and interpreted as any unjustifiable increase of capital whether in loans or sales
is the central tenet of the system. More precisely, any positive, fixed, predetermined rate tied to the maturity