Halal Products – Malaysian Constitution Perspective

Abstract

Originally, ‘halal’ stands for something permissible for Muslims according to Islamic law. Over the years, halal has been transformed into a standard of safety and hygiene for products consumed by Malaysian Muslims. With the growing consciousness of Muslims in Malaysia on the importance of halal products, the issue is whether obtaining halal products is a constitutional right? This paper argues that obtaining products suitable for consumption of all citizens is a constitutional right especially for the Muslims due to religious injunction. Thus assurance on this right should be based on the halal standard. This argument is based on two points, first, from the human rights perspective and second, from the perspective of federalism. The human right perspective is developed on the basis that food security has to fulfill certain standards, and since the concept of halal encompasses a universal standard, this concept fit into the right of livelihood of the general public and religious freedom for the Muslims. In addition, the Federal Constitution and the state Administration of Islamic Law Enactment provide that halal is a subject matter within the state jurisdiction in the administration of Islamic matters. After recognizing the constitutional right of all citizens including the Muslim in obtaining halal products, this paper concludes that halal product can be adopted as a standard for all Malaysians. The adoption of the Halal standards as food security standards will assist in preserving social cohesion as the Muslim community which form the largest consumers groups in Malaysia will feel at ease and has no prejudice to products thatthey consumed.