2.0_syariahprinciple-1.pdf

 BWD22402 HALAL FOOD ASSOCIATE PROFESSOR ChM DR NORHAYATI BINTI MUHAMMAD Department of Technology and Natural Resources Faculty of Applied Sciences and Technology Universiti Tun Hussein Onn Malaysia Pagoh Educational HUB...

 BWD22402 HALAL FOOD ASSOCIATE PROFESSOR ChM DR NORHAYATI BINTI MUHAMMAD Department of Technology and Natural Resources Faculty of Applied Sciences and Technology Universiti Tun Hussein Onn Malaysia Pagoh Educational HUB KM 1, Jalan Panchor 84600 Pagoh, Muar Johor, MALAYSIA 069742088 0127237295 [email protected]  Al-Baqarah, 172 O ye who believe! Eat of the good things wherewith We have provided you, and render thanks to Allah, if it is (indeed) He whom ye worship. Contents ► 1.0 Introduction ► 2.0 Syariah Principles and Halal Requirements ► 3.0 Halal Production Requirements for Meat and Poultry ► 4.0 Alcohol in halal food production ► 5.0 Gelatin in halal food production ► 6.0 Enzyme in halal food production ► 7.0 Ingredient in halal food production ► 8.0 Halal Status for Nutritional Food Supplements ► 9.0 Halal Production Requirement abd Halal Control Points for Other Food Products ► 10.0 Kosher and Vegetarian ► 11.0 Halal Certification  2.1 Five rulings in Islamic Jurisprudence 2.2 The sources of Syariah 2. SYARIAH PRINCIPLES AND 2.3 Islamic principles pertaining to halal and haram HALAL REQUIREMENTS 2.4 Concepts of halal food 2.5 Classification of halal and haram food 2.6 Sanitation according to Syariah law 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 1. Wajib (Obligatory) Wajib refers to an absolute command from Allah (God) in which adherence to the command by humankind is regarded as dutiful and beneficial for the doer, and shall be rewarded by Allah. On the other hand, disobedience to Allah’s command without any permissible excuse is immoral and is regarded as committing a sin that will be judged and punished accordingly in the afterlife. Examples of wajib: The 5 obligatory prayers Fasting during the month of Ramadhan Pilgrimage (hajj) Muslims are also obliged to consume food that are halal (permissible) and to avoid taking food that are haram (prohibited) 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 2. Sunnah (Reccomended) Sunnah refers to rullings that are purely recommended and advocated to be followed without any prosecution for its omission or non-adherence. Practicing matters that are sunnat will be beneficial to an individual and shall be rewarded by the Creator (Allah). Omitting sunnat matters will not be considered as committing a sin nor will it punishable. Examples of sunnat: Reciting supplication (dua), before consuming food Handling of food or drink with the right hand 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 3. Halal (Permissible) Halal refers to actions that are denoted as neither forbidden nor recommended, and so religiously neutral, as one of the degrees of approval in Islamic law. Halal can also be understood through the principle of Istishab (anything that is not expressly prohibited or considered abominable by the Islamic Shari’ah is permissible) In relation to food and beverage, all things are permissible unless otherwise prohibited. The basis for this general ruling is a passage from the Qur’an: “It is He who had created for you all things that are on earth”. (Quran, Surah Al_Baqarah:29) 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 4. Makruh (Discourage or Dislike) Makruh refers to acts which are disliked and offensive; and abstaining from it is rewarding but none the less, not haram. Examples of makruh; Eating using the left hand Blowing air while consuming hot food/beverage Talking excessively during eating Making bad remarks or insulting food/beverage Eating food that produces foul smell in the mouth, i.e. garlic 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 5. Haram (Prohibited or Unlawful) Haram refers to any act that is forbidden by Allah. In contrast, omissions of matters that are haram are praiseworthy and shall be rewarded by the Almighty. Haram can be divided into two categories; i. Haram li zatihi (prohibited by itself) ii. Haram li ghairihi (prohibited due to others) 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 5. Haram (Prohibited or Unlawful) i. Haram li zatihi (prohibited by itself) ✔Haram li zatihi refers to something that by itself is prohibited, such as pork, alcoholic drinks, blood, carrion, halal animals which are not slaughtered according to the guidelines of the Islamic Shari’ah 2.1 Five rulings in Islamic Jurisprudence (Fiqh) 5. Haram (Prohibited or Unlawful) ii. Haram li ghairihi (prohibited due to others) ✔Haram li ghairihi refers to anything that was initially permissible but prohibited are to some circumstances, without which it is permissible. ✔For example, consumption of an animal such as chicken is halal because the birds is halal and the slaughter process follows guidelines laid down by the Islamic Shari’ah. ✔However, consumption of chicken that is slaughtered in the name of other than Allah, such as offering the bird to a spirit is Haram li ghairibi. ✔Other example: when halal food is mixed with haram food, the resulting mixture becomes haram. 2.2 The sources of Shariah Shari’ah is the dynamic body of Islamic religious law. The term means ‘way’; it is the legal framework within which the public and private aspects of life are regulated according to principles of jurisprudence. In Islam, there are FOUR (4) major sources of jurisprudence: i. The Qur’an ii. The Sunnah (sayings and deeds of Prophet Muhammad) iii. Ijma (Islamic Scholars consensus), iv. Qiyas (analogy) 2.2 The sources of Syariah i. Qur’an ✔The Qur’an is the central religious text of Islam and the most important source of Islamic law. ✔In determining whether a food is halal or haram, various verses of the Qur’an are often referred to. ✔Example: “He has only forbidden you dead meat, and blood, and the flesh of swine, and any (food) over which the name of other than Allah has been invoked. But if one is forced by necessity, without wilful disobedience, nor transgressing due limits, then Allah is Oft-Forgiving, Most Merciful”. (Qur’an, Surah al-Nahl:115) 2.2 The sources of Syariah ii. Hadith ✔Hadith is the second fundamental source of Shari’ah law after the Qur’an. ✔Hadith constitutes what Prophet Muhammd s.a.w said, implied or tacitly approved and was noted down by his companions. ✔Example: ✔The ruling on the prohibition of eating wild animals with canine teeth and donkeys ✔The rulings on the prohibition of eating frog 2.2 The sources of Syariah iii. Ijma’ (Consensus) ✔The Ijma’ is the third source of Islamic law, after the divine revelation of the Qur’an and the prophetic practice or Hadith. ✔Ijma’ ideally refers to the consensus of the Islamic scholars. ✔Example: ✔Scholars’ consensus on the permissibility of eating animal slaughtered by people of the book (Ahl Al-Kitab) 2.2 The sources of Syariah iv. Qiyas (Analogy) ✔In situations where no concrete rules exist under the sources, law scholars use various forms of reasoning, including by analogy. ✔Drawing analogy from the essence of divine principles is known as Qiyas. ✔Qiyas is the process of establishing or obtaining a decision, a rule and judgement for a case due to a certain cause, just because of the existence of the similar case, rule and judgement in another particular case. ✔According to this method, the ruling of the Qur’an and Sunnah may be extended to a new problem provided that the precedent and the new problem share the same operative or effective cause. ✔Example: ✔Qiyas is applied to the injunction against drinking wine to create injunction against cocaine use. Consumption of wine is haram due its intoxicity nature. Intoxication is bad because it removes a Muslim from the mindfulness towards Allah. Coccaine, on the other hand intoxicates the user, removing the user from mindfulness of Allah. It is therefore prohibited. 2.3 Islamic principles pertaining to halal and haram ► There are 11 generally accepted principles pertaining to halal (permitted) and haram (prohibited) in Islam provide guidance to Muslims in their customary practices (Al- Qaradawi, 1984) 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 1 The basic principle is that all things created by God are permitted, with a few exceptions that are specifically prohibited. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 2 To make lawful and unlawful is the right of God alone. No human being, no matter how pious or powerful, may take this right into his own hands. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 3 Prohibiting what is permitted and permitting what is prohibited is similar to ascribing partners to God 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 4 The basic reasons for the prohibition of things are impurity and harmfulness. A Muslim is not required to know exactly why or how something is unclean or harmful in what God has prohibited. There might be obvious reasons, and there might be obscure reasons. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 5 What is permitted is sufficient, and what is prohibited is then superfluous. God prohibited only things that are unnecessary or dispensable while providing better alternatives 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 6 Whatever is conducive to the “prohibited” is in itself prohibited. If something is prohibited, anything leading to it is also prohibited 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 7 Falsely representing unlawful as lawful is prohibited. It is unlawful to legalize God’s prohibitions by flimsy excuses. To represent lawful as unlawful is also prohibited. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 8 Good intentions do not make the unlawful acceptable. Whenever any permissible action of the believer is accompanied by a good intention, his action becomes an act of worship. In the case of haram, it remains haram no matter how good the intention, how honorable the purpose, or how lofty the goal. Islam does not endorse employing a haram means to achieve a praiseworthy end. Indeed, it insists not only that the goal be honorable, but also that the means chosen to attain it be proper. “The end justifies the means” and “Secure your right even through wrongdoing” are maxims not acceptable in Islam. Islamic law demands that the right should be secured. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 9 Doubtful things should be avoided. There is a gray area between clearly lawful and clearly unlawful. This is the area of “what is doubtful.” ⮚ Islam considers it an act of piety for Muslims to avoid doubtful things, and for them to stay clear of the unlawful. ⮚Muhammad said (Sakr, 1994): “Halal is clear and haram is clear; in between these two are certain things that are suspected. Whosoever, leaves them, he is innocent toward his religion and his conscience. He is therefore, safe. Anyone who gets involved in any of these suspected items, he may fall into the unlawful and the prohibition. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 10 Unlawful things are prohibited to everyone alike. Islamic laws are universally applicable to all races, creeds, and sexes. There is no favored treatment of any privileged class. Actually, in Islam, there are no privileged classes; hence, the question of preferential treatment does not arise. This principle applies not only among Muslims but between Muslims and non-Muslims as well. 2.3 Islamic principles pertaining to halal and haram PRINCIPLE 11 Necessity dictates exceptions. The range of prohibited things in Islam is very narrow, but emphasis on observing the prohibitions is very strong. At the same time, Islam is not oblivious to the exigencies of life, to their magnitude, or to human weakness and capacity to face them. It permits the Muslim, under the compulsion of necessity, to eat a prohibited food in quantities sufficient to remove the necessity and thereby survive 2.4 Concepts of halal food Food Act 1983 (Section 2) Defines ‘food’ as “every article manufactured, sold or represented for use as food and drink for human consumption or which enters into or is used in the composition, preparation, preservation, of any food or drink and includes confectionery, chewing substances and any ingredient of such food, drink or chewing substances” 2.4 Concepts of halal food Codex Alimentarius Codex Alimentarius is “a collection of internationally recognized standards, codes of practice, guidelines and other recommendations relating to foods, food production and food safety under the aegis of consumer protection”. Food according to Codex Alimentarius is “any substance, whether processed, semi-processed or raw which is intended for human consumption, and includes drink, chewing gum and any substances which has been used in the manufacturing, preparation or treatment of ‘food’ but does not include cosmetic or tobacco or substances used only as drugs” 2.4 Concepts of halal food Halal Food: JAKIM Perspective One of the Malaysian Standards on halal used by JAKIM as a guideline for halal food, halal process and halal outlets is MS1500:2019: Halal Food – General Requirements (Third Revision). 2.4 Concepts of halal food Halal Food: JAKIM Perspective Halal Standard MS1500:2019: Halal food covers foods and beverages and/or their ingredients permitted under the Shariah law and fatwa, and fulfill the following conditions; a. does not consist of or contains any part of matter of an animal that is prohibited by Shariah law and fatwa for a Muslim to consume or that has not been slaughtered in accordance with Shariah law and fatwa;, b. does not contain anything which is najs (impure) according to Shariah law and fatwa; Is safe and not harmful, c. does not intoxicate according to Shariah Law and fatwa; d. does not contain any part of a human being or its yield which are not allowed by Shariah law and fatwa; 2.4 Concepts of halal food Halal Food: JAKIM Perspective Halal Standard MS1500:2019 defines halal food as food permitted under the Shari’ah law and fulfills the following conditions: e. is not poisonous or hazardous to health; f. has not been prepared, processed or manufacture using any instrument that is contaminated with najs (impurity) according to Shariah law and fatwa; and g. has not in the course of preparing, processing or storing been in contact with mixed, or in close proximity to any food that fails to satisfy items (a) and (b). 2.5 Classification of halal and haram food Meat & Poultry Cereal & Confec- Alcohols tionaary Fish & CLASSIFICATI Gelatin Seafoods ON OF HALAL & HARAM FOODS Milk & Enzymes Dairy Food Ingre- Supple- dients ments 2.5 Classification of halal and haram food NAJS (Unclean or unpure) Najs according to Shari’ah law (MS 1500:2019) are; i. Things that are themselves not permissible such as pigs, dogs and all their derivatives, blood and carrion, ii. Halal food that is contaminated or mixed with things that are non-halal, iii. Halal food that comes into direct contact with things that are non-halal, iv. Any liquid and objects discharged from the orifices of human beings or animals such as urine, excrement, blood, vomit, pus, sperm and ova of pigs and dogs except for sperm and ova from other animals, and v. Carrion or halal animals that are not slaughtered in accordance to Shari’ah law vi. Khamr and food or beverages or items which contain or are mixed with khamr 2.5 Classification of halal and haram food (Summary) All foods pure and clean are permitted for consumption by the Muslims except the following categories: ❖ Carrion or dead animals ❖ Flowing or congealed blood ❖ Swine, including all by-products ❖ Animals slaughtered without pronouncing the name of God on them ❖ Animals killed in a manner that prevents their blood from being fully drained from their bodies ❖ Animals slaughtered while pronouncing a name other than God ❖ Intoxicants of all types, including alcohol, drugs ❖ Carnivorous animals with fangs, such as lions, dogs, wolves, tigers, snakes ❖ Birds with sharp claws (birds of prey), such as falcons, eagles, owls, vultures ❖ Amphibians like frogs, toads ❖ Animal can live both in land and water 2.6 Sanitation according to Syariah law SERTU Sertu means cleansing something from najs mughallazah (extreme najs) such as dogs, pigs and their descendants. According to Malaysia Halal Certification (3rd Edition), najis mughallazah should be cleansed seven times using pure water where one of which is water that is mixed with the soil/clay. Sertu or halal ritual cleansing or purification cleansing is only for the cleansing that involves the highest level of impurity or severe najis (najis mughallazah) in Islam laws that concerns contamination (or in physical contact) from dogs, pigs and its descendant. Halal ritual cleansing needs to be conduct, supervise and verified by a Shariah competent person or a person who is authorized by the State of Islamic Affairs Department or professional sertu/samak cleaners certified or recognized by the Department of Islamic Department (JAKIM) in Malaysia. Halal ritual cleansing for purification, cleansing and getting rid of all traces of severe najis requires three basic elements namely: 1) water; 2) soil or agent of cleansing; 3) procedure of cleansing (MS2400:2010). 2.6 Sanitation according to Syariah law Sertu or ritual cleansing requires the use of water as the base element for washing and cleansing. The conditions of the water must be natural (mutlak); and not mustakmal; and must be free from najis (MS2400: 2010). According to Shariah law, mutlak water is purely water in its original state with no mixture and able to clean and cleanse. Mutlak water is water that has not been in contact or in use; be it to washing oneself or to wash away filth and such or mix with any soap or other such chemicals. Mutlak water is generally accepted to be as water from rivers, wells, rain water, dew, sea water, melted snow, spring water and tap water. SUMMARY Thank You