quality assurance and safety of bioprocess products

7/31/2019 Quality Assurance and Safety of Bioprocess Products

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QUALITY ASSURANCE AND SAFETY OF BIOPROCESS PRODUCTS

The Implementation of Islamic Rules and Requirements in Bioprocess Quality

Assurance and Their Influence on Malaysian Industrial Players


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CHAPTER 1: THE PRINCIPLES OF HALAL ANDHARAM.. 3

CHAPTER 2: DEFINITION...6

2.1 SHARIAH LAW...6

2.1HALAL FOOD...6

2.2 NAJS...7

CHAPTER 3: ANIMALS.8

3.1HALAL SLAUGHTERING PROCESS10

3.2 REQUIREMENTS IN STUNNING PRIOR TO SLAUGHTERING...13

CHAPTER 4: PLANTS, MUSHROOMS AND MICROORGANISMS,...15

GENETICALLY MODIFIED FOOD, NATURAL MINERALS

AND CHEMICALS AND DRINKS.

CHAPTER 5: INTOXICANTS...16

CHAPTER 6: ADDITIVES.18

CHAPTER7: ISTIHALAH.20

7.1 DEFINITIONS AND OPINIONS OF MUSLIMS.20

7.2 SELECTED FATWAS ON ISTIHALAH RELATED MATTERS IN.22

MALAYSIA

CHAPTER 8: ISSUES AND METHODOLOGIES IN DETERMINING HALAL.24

STATUS

CHAPTER 9: PREMISES, DEVICES, UTENSILS AND PROCESSING AIDS27

PREMISES

CHAPTER 10: METHOD OR RITUAL CLEANSING ACCORDING TO..28

SHARIAH LAW FOR NAJS AL-MUGHALLAZAH

CHAPTER 11: INFLUENCE OF HALAL BIOPRODUCT IN MARKET.29

REFERENCES..

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CHAPTER 1: THE PRINCIPLES OF HALAL AND HARAM

There are a few Islamic principles pertaining halal and haram. Al-Qardhawi stated that

these principles were then made the determining criteria on which the questions of what is halal

and what is haram were to be based (Al-Qardhawi,Y., 1960).

The first principle is the basic Asl refers to the permissibility of things. The meaning of

Asl is fundamental or principles established by Islam that are created by Allah. The benefits

derived from Asl are for mans use and hence are permissible. Basically, everything is halal

except certain things. These exception from halal (haram) are mentioned in verses of Al-Quran

clear or explicitly and also from practice or saying of Prophet Muhammad (Al-Qardhawi,Y.,

1960). The example of saying and actions of Prophet Muhammad in determining halal and

haram is he was asked by a man about animal fat, cheese and fur. He replied that The halal is

that which Allah has made lawful in His Book and the haram is that which He has forbidden,

and that concerning which He is silent He has permitted as a savour to you.(Reported by al -

Tarmidhi and Ibn Majah). In Islam the prohibited things are very small while permissible things

are extremely vast (Al-Qardhawi,Y., 1960).

The second principle is to make lawful and to prohibit is the right of Allah alone. The

authority to legislate the halal or haram is taking it out of the hands of human beings. So, neither

rabbis nor priest, kings or sultans, have the right to prohibit something permanently to Allahs

servants (Al-Qardhawi,Y., 1960).

The third principle is prohibiting the halal and permitting the haram is similar to

commiting shirk. Shirkmeans take something else to partner with Allah (this kind of action is the

biggest crime in Islam). Therefore who on their own authority is declaring what is lawful and

what is prohibited that finally results hardship for human beings are reprimands in Islam. This is

because they are narrowing what Allah has made spacious for His creatures (Al-Qardhawi,Y.,

1960).

The fourth principle is the prohibition of things is due to their impurity and harmfulness.

Allah is not arbitrary in his commands. He permits or prohibits something for a reason with

peoples well-being in view. So, He only permits something is pure and prohibits something is

impure (Al-Qardhawi,Y., 1960).


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The fifth principle is what is halal is sufficient, while what is haram is superfluous. The

things that are prohibited are due to unnecessary and dispersible. Besides, there are alternatives

for greater ease and comfort to human beings (Al-Qardhawi,Y., 1960).

The sixth principle is whatever is conducive to the haram is itselfharam. This means

that all avenues that prohibited or leads to something prohibited are haram (Al-Qardhawi,Y.,

1960).

The seventh principle is falsely representing the haram as halal is prohibited. Resorting

to technical legalities in order to permit something haram by devious means is prohibited (Al-

Qardhawi,Y., 1960).

The eighth principle is good intentions do not make the haram acceptable. For example,

beer is haram in Islam, so if muslims are consumed it for medication purpose will be sinful

(Al-Qardhawi,Y., 1960).

The ninth principle is doubtful things are to be avoided. Sometimes, there are things that

are in between absolutely halal or absolutely haram. This grey area will bring confusion. So, in

order to stay clear from doing something haram, it is better to avoid such thing (Al-Qardhawi,Y.,

1960).

The tenth principle is the haram is prohibited to everyone alike. According to the Islamic

law (Shariah law), the prohibition of something haram is universal. Therefore, Muslims do not

have any privilege of making something haram for others but they making it lawful to them. All

things that Allah has legislated through His law (Shariah law) are lawful for all mankind and all

things He prohibits are also to all mankind until the Day of Resurrection (Al-Qardhawi,Y.,

1960).

The eleventh principle is necessity dictates exceptions. For example, Muslims are

permitted to eat a prohibited food in sufficient quantities in the place where there are no halal

food provided at all in order to prevent starvation and death (Al-Qardhawi,Y., 1960).

Hence, the knowledge of this principle is very important in order to prevent any

fluctuations in halal and haram enforcement.


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HERARCHY IN SHARIAH LAW

AL-QURAN

SUNNAH

(PROPHET MUHAMMAD SAYING AND ACTIONS)

AHLI SUNNAH WAL JAMAAH (SUNNI) 4 MAZHAB

( 4 TOUGHTS IN FIQH METHODOLOGIES)

FIQH : Islamic jurispundence

MAZHAB HANAFI MAZHAB HAMBALI MAZHAB MALIKI MAZHAB SHAFIE

FATWA

Meaning of fatwa :

Response made by the mufti at what happened when asked questions

Preaching the law of either Allah must or should.

Provisions Relating to the Fatwa of Law

In the administration of Islamic Law (Federal Territories) Act 1993[Acct 505],for the ruling described

in Section 34,namely:

1-Fatwa purpose of opinion upon any question that has not been resolved or that raises questions about

or relating to Islamic law;

2-On when a ruling be made, when ordered to by Yang di-Pertuan Agong, or at the request of the

public through a letter sent to the Mufti or made at the instance of the Mufti himself;

3-A statement made by the Mufti can only be taken as ruling if it is published in the Gazette relating to

Islamic law;

4-A fatwa has been published in the gazette to be observed by all Muslims who are in the state, except

as permitted practices in accordance with and

5-Gazette fatwa is part of the law to be followed by all the shariah Court for the state.

ASL

REFER TO


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CHAPTER 2: DEFINITION

2.1 SHARIAH LAW

In preparing and handling the halal food that include nutrient supplement or production

0f any product that will consume by human, The Malaysian Standard provides the practical

guidance that related to Islamic or Shariah Law. By definition, Shariah law is the orders of Allah

which relate to the action of the people who are being accountable (mukallaf) by obligation,

option or al wadhu.Al wadhu is a requirement prior to the implementation of any Shariah law

such as adhering to the prayer time is the requirement for prayer to be valid. In Malaysia law,

Shariah law is defined by the laws of Islam in the Mazhab of Shafie or the laws of Islam in any

other Mazhabs of Maliki, Hambali and Hanafi which are approved by the Yang di-Pertuan

Agong to be force in the Federal Territory or the Ruler of any State to be in force in the state or

fatwa approved by the Islamic Authority.

2.1Halal Food

Shariah law have stated that halal is a things or actions permitted by Shariah law without

punishment imposed on the doer. By this definition, the condition of halal food or product,

means, food and drink and/or their ingredient permitted under the Shariah law and fulfill the

condition that are first it does not contain any parts or products of animals that are non- halal by

Shariah law or any parts or products of animals which are not slaughtered according to Shariah

law. Second condition, it does not contain najs according to Shariah law. Third condition is it

must be save for consumption, non-poisonous, non-intoxicating or non-hazardous to health. The

forth condition is it no prepared, processed or manufactured using equipment that have been

contaminated with najs according to Shariah law. The fifth condition it does not contain any


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human parts or its derivatives that are not permitted by Shariah law and the last condition, is that,

during its preparation, processing, handling, packaging, storage and distribution, the food or

product is physically separated from any other food that does not meet the requirements stated in

the above conditions or any other things that have been decreed as najs by Shariah law.

2.2Najs

Najs is the prohibited item to present in the halal food or product. According to Shariah

law (a) najs are dogs and pigs and their descendents, (b) halal food that is contaminated with this

that are non-halal, (c) halal food that comes into direct contact with things that are non-halal, (d)

any liquid and objects discharged from the orifices of human beings or animals such as urine,

blood, vomit, pus, placenta, and excrement, sperm and ova of pigs and dogs except sperm and

ova of other animals. Noted that milk, sperm and ova of human and animals except dog and pis

are not najs. (e) Carrion or halal animals that are not slaughtered according to Shariah law and

(f) khamarand food or drink or product which contain or mixed with khamarsuch as alcoholic

beverages and intoxicant. According to Shariah law, there are three types of najs, mughallazah,

mukhaffafah, and mutawassitah.Muhgallazah which is considered as severe najs which are dogs

and pigs including any liquid and objects that are discharged from their orifices, descendants and

their derivatives. On the other hand, mukhaffafah which is considered as light najs. The only najs

in this category is urine from a baby boy at the age of two years and below who has not

consumed any other food except his mothers milk. Mutawassitah which is considered as

medium najs which does not falls under severe or light najs such as vomit, pus, khamar, carrion,

liquid and objects discharged from the orifices.


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CHAPTER 3: ANIMALS

Land animals

First of all, it is important to know that there are two types of animals. Firstly,landanimals and secondly third animals.

All land animals are permitted to be eaten except those are listed below are prohibited.

Animals not slaughtered according to Islamic Laws. Pigs. Dogs. Birds with claws or birds that feed by snatching and tearing, such as eagles and

other birds similar. (Scavengers and birds of prey).

Animals which are permitted to be killed in Islam such as rats, centipedes , eagles,scorpion and any other animals.

Animals and insects forbidden to be killed in Islam such as ants, bees andwoodpecker and any other animals.

Animals which are generally considered as repulsive such as lice, flies, maggotsand other similar animals.

Animals with long pointed teeth or tusks which are used to kill prey such astigers, bears, elephants, cats, monkeys ,etc.

Farmed animals which are intentionally fed with najs; and Other animals forbidden to be eaten in accordance to Shariah law such as donkeys

and mules.

These lists are also stated in Malaysia Halal Standard MS1500:2009 Clause 3).

Water animals

For water animals, they can be eaten except those that poisonous, intoxicated and harmful

to human health. Prophet Muhammad was asked about the sea and he replied, Its water is pure

and its dead are halal. (Reported by Ahmad ans other compilers of the sunnah).Animals that live

both on land and water (amphibians) are prohibited.


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Aquatic animals which live in najs and/or continually fed with najs are not halal.

Discussions about dead animals

There are discussions about consuming dead animals. There are animals that are halal to be

eaten but the way it is dead will make it as haram. This includes the animals that are not

slaughtered according Shariah law or died naturally. This includes the death because of

infections or eating poisonous plants or acute disease. The reason is the flesh may bring harmful

to human.

In Surh alMaidah(5:4(3)), there are a few categories of dead animals are mentioned.

They are the strangled, the beaten, the fallen, the gored and that which has been (partly) eaten by

wild beasts. The explanations are as table below:

Types of dead animals Explanations

The strangled Animals that are strangled with rope and

suffocated until die.

The beaten The animals that has been beaten till death. For

example, using club (a weapon) to beat the animal

till it death.

The fallen The animals that die due to fall down. Forexample, fall from high place or into gully.

The gored The animals that have been gored by other

animals horn and die because of it.

That which has been (partly)

eaten by wild beasts

The animals that have been devoured by other

animals and die.

After naming these five categories, Allah makes an exception of that which you make

lawful by slaughtering. This means that if these animals still alive, the can be eaten a fter

slaughtering according to Shariah law. Still alive means some sign of life remains in it.


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Discussions about prohibition of flowing blood

Flowing blood are prohibited to be eaten. This include the blood of animals that have been

slaughtered according to Shariah law. Thus , the blood that flowing in that animals flesh must

be removed. This is because drinking blood is repugnant as well as hazardous to human health.

3.1 HALAL SLAUGHTERING PROCESS

There are several process to be fulfill to make the meat is halal, the following

requirement shall be follow: the animal shall be ritually slaughtered by a Muslim slaughter man.

The halal slaughter man shall be a practicing muslim who is mentally sound, baligh, fully

understands the fundamental rules and condition related to the slaughter of animals in Islam. The

slaughter man also needs to be registered, trained and supervised by theHalal Certification Body

and competent in slaughtering the animal according to Shariah Law.

Requirements in slaughtering procedures

The act of slaughtering shall be done with niyyah in the name of Allah and not for other

purposes. The slaughter man also must aware with his action. The animals that need to be

slaughtered have to be an animal that is halal. The permitted animals to be slaughtered processed

and stored on a Malaysian approved establishment are ruminant: cattle, buffalo, goat, sheep,

deer, camel and poultry: chicken, duck, turkey, ostrich and quail. The animals that need to be

slaughtered shall be alive or deemed to be alive (hayat al-mustaqirrah) at the time of slaughter.

The animals also shall be healthy and have been approved by the competent authority.

Procedures in slaughtering

Tasmiyyah has to be invoked by a muslim slaughter man immediately before

slaughtering. The knife used for the slaughtered shall be sharp and clean. Slaughtering shall be

done at once. The sawing action of the slaughtering is permitted as long as the slaughtering

knife is not lifted off the animal during the slaughtering. The act of halal slaughter shall begin

with an incision on the neck at the some point just below the glottis and after the glottis for long

necked animal. The slaughter act shall sever the trachea, esophagus and both carotid arteries and


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jugular veins to hasten the bleeding and death of the animal. The bleeding shall be spontaneous

and complete.

For poultry, the scalding shall be carried out on animal that are deemed dead as a result of

halal slaughter. The animals that are dead due to stunning procedures shall be identified as non-

halal. The number of slaughter man shall be adequate to ensure that the act ofhalal slaughter is

conducted properly on each animal.

To determine the animal is death shall be assessed by observation of the animal as the

pupils fully diluted, absence of papillary and corneal reflexes, flaccid tongue, absence of blood

pulsing from the cut ends of the carotid arteries, absence of all movements in the carcasses and

responses directly related to the cutting of a major nerve are not considered to indicate that the

animal is still alive.

Figure: overview on Islamic method of Slaughtering


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Safety assurance in slaughtering procedures

The used blade must be sharp. Prophet Muhammad said.Allah calls for mercy in

everything, so be merciful when you kill and when you slaughter. Sharpen your blade to relieve

its pain.

The sawing action at the animals neck must be once and swiftly. This action at vessels of

the neck will assure the animals pain can be reduced. This is because fast cut at the vessels will

disconnect the flow of blood to the nerves in the brain that responsible for pain.

In slaughtering process, spinal cord cannot be cut. This is because the nerve fibers to the

heart will damage consequently cardiac arrest occurred. If this happens, stagnation of blood in

blood vessel will occur.

This related to the requirement that the bleeding must be complete. This is because blood

will be medium for microbes. Thus, this is one of the ways to assure that the fleshes are purified

from blood and the freshness can remain longer (Syed Ashraf, A).

Storage procedures

While for storage: all chillers, freezer and other rooms used for it shall be part of

approved establishment. The non-halal conformance carcasses and products shall be stored in

designated chiller and clearly labelled. Halal carcasses and product shall not be stored together

with non-halal conformance. The carton containing non-halal conformance product shall be

clearly labelled. The recorded on non-halal conformance shall be available upon inspection by

auditors. The storage of carcasses and offals from other establishment or independent boning

room is not acceptable. The storage of halal product from Malaysian approved plant that is

completely packed in the form of carton and clearly labelled with the establishment number may

be accepted.

The Halal Certificate for local product shall be issued by JAKIM whilst for imported

product the halal certificate shall be issued by recognized halal certification body.


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3.2 REQUIREMENTS IN STUNNING PRIOR TO SLAUGHTERING

There are basically two new methods of slaughtering animals that have been adopted to

cope with growing concern for animal cruelty and increasing on human demands, there are

stunning prior to slaughtering and mechanical slaughtering.

i) Stunning of Animals Prior to Slaughtering

The alleged cruelty to animals during slaughter is during using the simple knife-based

method is a growing concern among Muslims and non-Muslims alike. With a technology, new

methods that are less cruel have been adopted and carefully employed to ensure the halal status.

The method involved is stunning of animals prior to slaughtering.

For a stunning, the following conditions must be followed to be accepted as halal: - The

stunning equipment must be under the control of a Muslim supervisor, or a slaughterman or halal

certification authority at all times. The animal should be stunned temporarily only not in longer

period of time. The stunning should neither kill nor cause permanent injury to the animal. The

equipments used to stun pigs must not be used to stun halal animals.

There are three methods of stunning, there are by using electrical, mechanical and

pneumatic:

Electrical Stunning: the stunner should be of the type approved by the authority and of

the type Head-OnlyStunner. Then, the stunning should not damage the heart or brain or cause

any physical disability or death. Also, the electrical stunning of poultry is allowed to use water

bath stunners only.

Mechanical Stunning: while, mechanical stunners can be used on cattle and buffaloes

only. Only non-penetrative type is allowed. The stunner cannot penetrate or break the head and

any injury caused should not be permanent. Also, the skull of the animal, after being skinned,

should be checked for permanent injury. If, there are any broken found or penetrated, the carcass

shall be deemed as non-halal.

Pneumatic Stunning is a pneumatic stunner uses high pressure air to stun the animals and

must be directed at the at land to occipital to render the animal unconscious for a few seconds.


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ii) Mechanical Slaughtering of Poultry

Slaughtering of poultry using mechanical knife can be used, if the rules is followed: The

operator of the mechanical knife is a Muslim and should utter "bismillah" prior when to switch

on the machine. Then, the slaughterman who switches on the machine must be present at the

slaughter area all times during the slaughter happen. If the slaughterman has to leave or be

replaced, he has to stop the mechanical slaughter and his replacement will restart the machine

and utter "bismillah" prior to restarting the machine. Besides, the knife used must be of single

blade type and must keep it sharp. The throat, the esophagus and major blood vessel in the neck

region of the poultry must be severed. Each bird must be checked that it is properly slaughtered

and only dead birds are subsequently sent for scalding


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CHAPTER 4: PLANTS, MUSHROOMS AND MICROORGANISMS, GENETICALLY

MODIFIED FOOD, NATURAL MINERALS AND CHEMICALS AND DRINKS.

All plants can be eaten (halal) except those that poisonous and intoxicants.

MUSHROOM AND MICROORGANISMS

All types of mushrooms and microorganisms (bacteria, fungi and algae) and their products

and/or derivatives are halal except those that are intoxicating,poisonous or hazardous to health.

GENETICALLY MODIFIED FOOD (GMF)

Food and drinks containing products or Genetically Modified Organisms or ingredients made by

the use of genetic materialof animals that are non-halal by Shariah law are not halal.

NATURAL MINERALS AND CHEMICALS

All natural minerals and chemicals are halal except those that intoxicating, poisonous or

hazardous to health.

The products from hazardous aquatic animals or plants are halal when the toxin or poison has

been eliminated during processing as permitted by Shariah law.

DRINKS

All types of drinks are permissible except intoxicants such as alcohol. The water that

have mixed with filth or alcohol beverage are also forbidden.


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CHAPTER 5: INTOXICANTS

Alcohol is considered as intoxicants. Alcohol will cause liver disease, nervous breakdowns

and ailment of digestive track. Arabic word khamar means any alcoholic beverage causes

intoxication. Prophet Muhammad was asked about certain drinks made from honey,corn or

barley by the process of fermenting them until they became alcoholic. The Messenger of Allah

(peace be on him), blessed as he was with the best speech replied succinctly,Every intoxicant

is khamar, and every khamar is haram.(Reported by Muslim). And Umar declared from the

pulpit of the Prophet,Khamar is that which befogs the mind.(Reported by al-Bukhari and

Muslim).

Fatwa Committee of the National Council for Islamic Religious Affairs Malaysia was having

conference with Institut Penyelidikan Produk Halal, Universiti Putra Malaysia on 14

th

-16

th

.July 2011. This decision was also conclude the result from previous conference . They agreed to

decide that:

1. All liquor contains alcohol, but not all alcohol is liquor. Alcohol produced from liquorprocess is regarded as najs (ritually impure) .

2. The alcohol from not brewing process is not najs but prohibited to be consumed in theiroriginal form. This is because it is poisonous and fatal.

3. Soft drink that is process not to be serve as beer and the alcohol content below 1%v/v canbe consumed.

4. The drinks that are processed similar to brewing either the amounts is high or low or havebeen distilled are prohibited.

5. Food and drinks contained natural alcohol such as fruits,nuts or cereal with theirsqueezed product, or alcohol contained in passing that to happen during the food ordrinks processing are not najs and can be consumed.

6. Food and drinks contained flavouring and coloring agent that contained alcohol forstabilizer purpose can be used if the alcohol is not from brewing process and the final

quantity of alcohol in final product does not cause befogs to mind and the alcohol

content must not exceed 0.5%.


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7. Medicines and fragrance contained alcohol as soluble are not najs and can be used if thealcohol is not obtained from brewing process.

Fatwa Committee of State of Johor was having conference held on 29 th.June 2010 regarding

Ethyl alcohol in food. The results are:

1. All liquor contains alcohol, but not all alcohol is liquor. Alcohol produced from liquorprocess is regarded as najs (ritually impure).

2. The drinks that are processed similar to brewing either the amounts is high or low orhave been distilled are prohibited.

3. Drinks that are produced not for making beer or not befogs to mind and not similar tobrewing process are halal.

4. The alcohol produced as byproducts in food processing can be consumed and not najs.The permissible content of ethyl alcohol in food and drinks must not exceed 0.01%.

The product that had certified with halal certifications are:

1. Code sample: 229(L-090310-UCK(b)2. Code sample: 231(L-090310-RT(a)3.

Code sample: 232(L-090310-RT(b)

4. Code sample: 233(L-090310-RT(c)

In connection with alcohol, the Prophet (peace be on him) cursed the categories of people

saying: Truly, Allah has cursed khamar and has cursed the one who produces it, the one for

whom it is produced, the one for whom it is produced, the one who drinks it, the one who serves

it, the one who carries it, the one for whom it is carried, the one who sells it, the one who earns

from the sale of it, the one who buys it, and the one for whom it is brought.(Reported by al-

Tirmidhi and Ibh Majah, on reliable authority).


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CHAPTER 6: ADDITIVES

E-Numbers represent specific food additives, used by the food industry in the manufacture of

various food products. These E-Numbers have been formulated by the European Economic

Community (EEC) and are universally adopted by the food industry worldwide.

It is known that many E-numbers contain unlisted haram ingredients in them. Generally additives

derived from animals and insects.

E-numbers are reference numbers used by the European Union to facilitate identification of food

additives. All food additives used in the European Union are identified by an E-number. The "E"

stands for "Europe" or "European Union". Normally each food additive is assigned a unique

number, though occasionally, related additives are given an extension ("a", "b", or "i", "ii") to

another E-number.

The Commission of the European Union assigns e-numbers after the additive is cleared by the

Scientific Committee on Food (SCF), the body responsible for the safety evaluation of food

additives in the European Union. The convention for assigning E-numbers is:

100-199 food colors

200-299 preservatives

300-399 antioxidants, phosphates, and complexing agents

400-499 thickeners, gelling agents, phosphates, humectants, emulsifiers

500-599 salts and related compounds

600-699 flavor enhancers

700-899 not used for food additives (used for feed additives)

900-999 surface coating agents, gases, sweeteners

1000-1399 miscellaneous additive1400-1499 starch derivatives

E-numbers are only used for substances added directly to food products, so contaminants,

enzymes and processing aids, which may be classified as additives in the USA, are not included

in the E-number system.


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There is an EU directive on food labeling which requires food additives to be listed in the

product ingredients whenever they are added for technological purposes. This includes coloring,

sweetening and favor enhancement as well as for preservation, thickening, emulsifying and the

like. Ingredients must be listed in descending order of weight, which means that are generally

found close to the end of the list of ingredients. However, substances used in the protection of

plants and plant products, flavorings and substances added as nutrients (e.g., minerals, trace

elements or vitamins) do not need to be included in the ingredient list. Because of this, some

substances that are regulated as food additives in other countries may be exempt from the food

additive definition in the EU.

Additives which are always of animal origin, such as:

E120 Cochineal : a red color obtained from female insects

E441 Gelatin : derived from the bones and/ or hides of cattle and/ or pigs

E542 Edible Bone Phosphate : an extract from animal bones

E904 Shellac: a resin from the lac insect

whilst some additives with a common code such as E47 can be either of animal or plant origin

and this latter type needs to be investigated on a case-by-case basis per product/ manufacturer.

Food is made from animal product, it may from these types: it comes from an animal whose

meat may be eaten and it has been slaughtered correctly, basically in Islamic way, then it is

permissible to be consumed. If it comes from an animal whose meat may be eaten but it has not

been slaughtered correctly, then it is not permissible to use it as food, because it is haram. If it

comes from an animal whose meat cannot be eaten, then it is not permissible to use it as food.

This includes pork.


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CHAPTER 7: ISTIHALAH

7.1 DEFINITIONS AND OPINIONS OF MUSLIMS

Istihalah is an Arabic term that literally means transformation. Technically, it is when a

substance is changed or transform from its original nature to another attribute. The concept of

istihalah is in fiqh (Islamic jurisprudence) principle. 'Ruling upon an object is upon what it is

named (what it is), if the name (what it is) changes then so does the ruling'. Putting in another

way: 'the ruling is not based upon what it was; the ruling is based upon what it is'.

The transformation of things can occur naturally or by human intervention. A wild or

stray animal excrement in a farm got transformed into a fertilizer is a simple example of a

transformation without human intervention. So is the case of a dead animal (carcass) that

decomposes under natural conditions. An example of transformation involving human

intervention is when fresh grapes are processed and become wine or are processed and become

vinegar.

Discussion of Istihalah from Fiqh Methodologies of School of Thoughts (Mazhab).

The Maliki school of thought maintains that, if something transforms into a good thing it

is good, but if it transforms into a dirty thing it must be considered dirty. By this view, the

Malikis consider musk a clean thing even if it transforms from the gazelle's blood due to the fact

it has left its first nature to another nature. Jurists from the Shafie school of thought consider

what is naturally clean to be clean if it transforms, and whatever transforms into halal will

become halal. For example, if blood transforms to flesh it becomes halal, and a handful of sand

mixes up with water to form dates is halal for eating.

Muslim scholars agree among themselves that two things can transform to become clean namely,

liquor if it acetifies and skin if it is tanned. They differ upon other things. Some scholars say

other things used for food can become clean if they transform through burning, corning or

boiling. With regard to a reference concerning bees in the Qur'an, Muslim scholars explained that

the substances eaten by the bees are transform into honey of different colors which become a

cure for mankind.


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Discussion about the case of unclean water

The majority of scholars agree that unclean water could be transformed into clean water by

removing its impurity. Jurists from the Hanafi school of thought consider it allowable that if

unclean water mixes with clean water, it transforms the remaining water to become clean water.

Malikis consider water to be clean if a chemical substance transforms the water or the chemical

substance transforms with clean water. According to Shafies and Hanbalis, unclean water is

divided intothree categories: 1) to be more than two kullas {10 liters}: 2) to be exactly two kullas

{10 liters} and 3) to be less than two kullas {10 liters}. If it is more than 10 liters it can

transform to 'clean' by three ways:

a) Adding another water to it

b) Decreasing it so that the remaining will automatically transform;

c) To transform by itself through sunshine, weather or any other way transformation

process takes place.

If it is exactly 10 liters, it can be transformed as mentioned above. If it less than 10 liters, it can

transform to clean when clean water mixes up with it.According to Muslim jurists from the

Hanafi school of thought if filth (najs) falls into a well, its water is still considered clean. If a

human being or dog dies in it, all the water must be drained out, then any water springs afterward

is considered clean. In general, if a dirty substance falls in a water and do not change its color,

smell and taste, the water remains clean. This ruling is also applicable on any liquid things like

oil and mud. The majority Muslim scholars also considered that crop irrigated with unclean

things is clean and the crop is allowed to be eaten.

Muslim scholars have differences of opinion with regard to an animal that feeds on dirty things.

Most of them say, the animal (for example fish, chicken, etc.) is kept for some days and feed

with clean forage, it (animal) is permissible for consumption and its milk also is permissible. A

small minority says it is not permissible for eating and drinking, whereas some others say, it is

clean but disliked, not that it is forbidden for eating.


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7.2 SELECTED FATWAS ON ISTIHALAH RELATED MATTERS IN MALAYSIA

3.4.1 Biotechnology in Foods and Drinks.

(i). Goods, foods and drinks which are made through the process of the pork's DNA

biotechnology contravened with the Shariah Law is prohibited.

(ii). Using the pork's DNA biotechnology in the goods, foods and drinks industries is not yet

reach the level of dharurat (emergency) as there are many other alternatives.

3.4.2Fertilizer Made from Pig's Excrement.

Pigs excrement is najs mughallazah (severe filth). However, the usage as fertilizer is

permissible. {The 2nd Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam

Malaysia, JAKIM (Department of Islamic Development Malaysia) May 12-131981}

3.4.3Animal Feed from Unclean Materials

The processed feed for livestock, like chicken, that is made by mixing substance such as

excrement, cow's blood, pig's blood and others is halal and permissible to use it.{The 2nd

Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM

(Department of Islamic Development Malaysia): May 12-13, 1981}

3.4.4Gas Made from Pig's Excrement

Gas which has been processed from pig's excrement by using fire is 'filthy' while if it is using

other than fire it is clean. {The 2nd Session of the Fatwa Committee Convention, Jabatan

Kemajuan Islam Malaysia, JAKIM (Department of Islamic Development Malaysia) May 12-13

1981

3.4.5Cheese as Source of Foods

Using cheese as a source of foods is permissible whether the enzyme that has been used as one of

its substances is taken from plants, moulds or halal slaughtered animal. {The 27th Session of the

Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of

Islamic Development Malaysia Malaysia) 3rd

OCtober 1990}


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3.4.6 The Use of Active Agent in Foods

Using active agent in the surface of any food is permissible with the condition that the source of

such agent is taken from plants and if its taken from animal remits, then the animal should be

slaughtered through Islamic way. {The 26th Session of the Fatwa Committee Convention,

Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic Development Malaysia) 7-8

March 1990}

3.47 FSH-P (Biomolecule from Pig Brain)for enhancement of Farm Animals

i) FSH-P is a hormone obtained from pig brain and it is considered as najs mughallazah (severe

filth). Therefore, it is prohibited to use this hormone as an enhancement substance or else for any

purpose such as animals breeding. This prohibition is based on doubt (shubhah)

ii) The young animals' breeding made from Hormone FSH-Pis prohibited to eat and this

prohibition includes their meats and milks as well.

{The 39th Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia,

JAKIM (Department of Islamic Development Malaysia) September 21, 1995


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CHAPTER 8: ISSUES AND METHODOLOGIES IN DETERMINING HALAL STATUS

The consideration is based on the need for medicine equal to food means that urgent for

preserving life.

An example in this context is muslim (male only) are prohibited to wear silk. Prophet

Muhammad allowed Abd al-Rahman bin Awf and al-Zubair bin al-Awwam to wear silk

because they were suffering from scabbies (Reported by al-Bukhari).

Taking medicine containing some of the haram substances are permissible only under the

following conditions:

The patients life is endangered if he does not take this medicine. No alternative or substitute medication made from entirely halal sources is available. The medication is prescribed by a Muslim physician who is knowledgable as well as

God-fearing

(Al-Qardhawi,Y., 1960).

For example, Use of Tissue graft in Medical Practice

The 38th.

Regional(Conference) of the Fatwa Committee of The National Council for Islamic

Religious Affairs Malaysia held on 21st.June 1995 has discussed use of graft tissue in medical

practice. The Committee has decided perakuan

1- Tissue graft in medical practice is permissible2- Tissue graft usage is only for medical purpose3- Tissue graft cannot be misused for trading purpose or other purpose.

The decisions had been made according to the need and usage of it. Graph tissue can reduce the

suffering of patiens in three ways:

Firstly,relieve pain and suffering as in :

(a)Cancer patients where the pain can be saved with the transfer of bone graph(b)Burns patiens treated with amniotic membrane and skin graphs for a quick spray


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Secondly, there is no other options in curing the disease (such as saving a member of the

whole waste cut /amputation, the pain is removed and replaced with bone graph for

connection).

Thirdly, the usage of graft tissue retain the ability to walk or move. Using human bone graph

without the problem of rejectioncan improve connection joints effectively. The patients

bone grow can be stimulated and their own graph are replaced. The patient will be able to

move safely as the connection joints healed.

The major disease that can be saved by using graft tissue are cancer, arthritis, joints failed,

joints failed replacement, burns and wounds.

The sources of graft tissue are established in Malaysia;

(a)The School of Medicine ,Universiti Sains Malaysia,Kelantan(b)Unit Tenaga Nuklear, Bangi, SelangorAll processing work are done under clean and controlled condition.

Sources , preparations and practice of amnion:

The Amniotic membranes are obtained from birth that free from dangerous disease.. Only Muslim mothers are informed before taking the amnion. Amnion was washed , removed dirt, slime and blood, soaked in a solution of Sodium

Hipoklorid to kill HIV virus (if any) and washed several times with saline solution

until clear.

It is dried,packaged and given radiation to keep clean from germs. 30 patiens has been used amniotic fluid, most patients do not suffer pain and the

dressing no need to be changed frequently as well as the joints can move freely.

No scars formation after treatment. The cost of threatment cheaper that the use of antibiotic and dressing.

Sources , preparations and practice of femoral head:


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The bones were recovered from hip bone(femoral head) are removed from patiens andthe bones of cows.

The patientsare healthy and free from dangerous illness The patients will be asked before taking the bone. The bones are pasteurized to inactivate HIV virus, washed several times with water,

dried, packaged and irradiation to keep clean from germs.

Animal bones(cow) not use in clinical stage. The permission from patients must be done before applying this treatment.

There are countries allowed the act or tissue donation and utilization in human tissue such as

United Kingdom, Australia, United States of America, Singapore, Vietnam, Philippines,

Thailand, Sri Lanka and European countries. Islamic countries that practice this treatments arePakistan, Bangladesh and Indonesia.

In Malaysia, Human Tissue Act 1974 allows the use of a dead human body for therapeutic

purposes or treatment and for research purposes.

Thus, law to be decided is in accordance with the following base:

1- To eliminate the harm, as claimed by the Prophets Hadith which the says means Donot harm ourselves and do not harm others.

2- The treatment provides facilities, according to Allah says (185) God wishes for youconvenience and does not want hardship.

3- Do not harm the lightest of the two-harm, as contained in the fiqh methodology meansthat to do harm lesser


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CHAPTER 9: PREMISES, DEVICES, UTENSILS AND PROCESSING AIDS

PREMISES

The premises shall be effectively separated and well insulated from pig farm or its processing

activities to prevent cross contamination through personnel and equipment.Phrase 3.2 clause 7 in(MS1500:2009)

Slaughtering and processing premises shall be dedicated for halal slaughtering and halal

processing only.Phrase 3.2 clause 7 in (MS1500:2009).

DEVICES, UTENSILS, MACHINES AND PROCESSING AIDS

Devices, utensils, machines and processing aids used for processing halal food shall be designed

and constructed to facilitate clening and shall not be made of or contain any materials that are

decreed as najs by Shariah Law and shall be used only for halal food .Phrase 3.3 clause

1(MS1500:2009).

Devices, utensils, machines and processing aids which were previously used or in contact with

najs al-mughallazah shall be washed and ritually cleansed as required by Shariah law. Phrase 3.3

clause 2 (MS1500:2009).

In the case of converting najs al-mughallazah line or processing line containing najs al-

mughallazah into halal production line, the line shall be washed and ritually cleansed as required

by Shariah law. This procedure shall be supervised and verified by the competent authority.

Upon conversion, the line shall be operated for halal food only. Repitition in converting the line

to najs al-mughallazah line and back to halal line, shall not be permitted. Phrase 3.3 clause

3(MS1500: 2009)


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CHAPTER 10: METHOD OR RITUAL CLEANSING ACCORDING TO SHARIAH

LAW FOR NAJS AL-MUGHALLAZAH

General requirements

The najswhether visible (ainiah) or invisible (disappeared or dried up) is named hukmiah.

Wash seven timen times, one of which shall be water mixed with soil.(ratio; soil mixedwith water : water ; 1:6).

The first wash shall be to clear the existence of najs, even if a few wahes needed. Thewater from first cleansing shall not remain behind and the next wash shall be counted as

second wash.

The amount of soil used is just enough to make a suspension The usage of product containing soil is permitted

Conditions of the soil

Free from najs Not mustamal soil ( mustamalmeans the soil that used for dry ablution (tayammum))

except after subject to heavy rain.

Conditions of the water

Shall be natural (mutlaq) Not mustamal Free from najs

Can be referred to Annex B MS1500:2009.


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CHAPTER 11: INFLUENCE OF HALAL BIOPRODUCT IN MARKET

Throughout the discussion above, here are some criteria that were needed in the

production of halal bioproduct, firstly the ingredients used are certified with halal from

Malaysian Standard. Next, along the entire manufacturing process, the manufacturer only

handles halal ingredients and halal products so that no mixing occurs in the production of

bioproduct. Third, the packaging of the product or the container used must be halal certified.

Lastly, the transportation of the product must only transport halal product, so there is no mixing

ofhalal and non-halal product.

In the production of bioproduct, there are many product that will use non-halal source,

such as the production of enzyme, some enzyme is produce from porcine which is source from

pigs, the other example is that the production of insulin, production of insulin is also from the

source of pigs, but now a days, there are ways of not using pig in production of those bioproduct,

instead of using pigs as the source, the usage of microorganism in production of insulin and

enzyme is done by a lot of researcher. In most of the medicines and mouthwashes contain

alcohol, if we can find free alternative then we should use that instead. Medicines or bioproduct

that containing alcohol or non-halal source would be considered halal if there were no suitable

alternative available.

Halal is growing in the market that involves producers, consumers and certifying authorities. In

United Kingdom, the supermarkets such as Tesco and ASDA had enforce the regulation that the

halal products in the market must get certification from Halal Food Authority(London,UK) and

theHalal Monitoring Committee (Leicaster,UK). This giving the change of traditional niche to

become part of world food. Western countries such as Canada had giving interest in global


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halal trade because the annual global halal trade upward to USD150 billion due to 1.3 Muslims

all over the world. The Muslims requirements in halal product not only food but include

pharmaceutical and enzyme. The Muslims are giving more attention to the contamination of

porcine source in gelatin, emulsifiers , enzymes and flavouring agents (Fischer, J.,2008).

REFERENCES:

Al-Qardhawi, Y.(1960) The lawful and Prohibited In Islam.

Malaysia Halal Standard MS1500:2009

Fatwa Committee of the National Council for Islamic Religious Affairs Malaysia, 14 th-16th. July 2011

Fatwa Committee of State of Johor was having conference ,29

th

.June 2010

Fatwa Committee of The National Council for Islamic Religious Affairs Malaysia ,21 st.June 1995

The 2nd Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic

Development Malaysia) May 12-131981


Development Malaysia): May 12-13, 1981


Development Malaysia) May 12-13 1981

The 27th Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic

Development Malaysia Malaysia) 3rdOCtober 1990


Development Malaysia) 7-8 March 1990


Development Malaysia) September 21, 1995

Syed Ashraf, A. "Halal: The most humane slaughter." 2012, from http://www.halaljournal.com/article/3360/halal:-the-most-

humane-slaughter.

Fischer, J. (2008). Religion, science and markets ;Modern halal production, trade and consumption, EMBO Reports. 9.

http://www.malaysiahalalfoods.com/slaughter.html

http://www.halal.gov.my/v2/cms/content/editor/files/File/MALAYSIAN%20PROTOCOL%20FOR%20THE%20HALAL%20M

EAT%20&%20POULTRY%20PRODUCTIONS.pdf
http://www.halaljournal.com/article/3360/halal:-the-most-humane-slaughterhttp://www.halaljournal.com/article/3360/halal:-the-most-humane-slaughterhttp://www.malaysiahalalfoods.com/slaughter.htmlhttp://www.halal.gov.my/v2/cms/content/editor/files/File/MALAYSIAN%20PROTOCOL%20FOR%20THE%20HALAL%20MEAT%20&%20POULTRY%20PRODUCTIONS.pdfhttp://www.halal.gov.my/v2/cms/content/editor/files/File/MALAYSIAN%20PROTOCOL%20FOR%20THE%20HALAL%20MEAT%20&%20POULTRY%20PRODUCTIONS.pdfhttp://www.halal.gov.my/v2/cms/content/editor/files/File/MALAYSIAN%20PROTOCOL%20FOR%20THE%20HALAL%20MEAT%20&%20POULTRY%20PRODUCTIONS.pdfhttp://www.halal.gov.my/v2/cms/content/editor/files/File/MALAYSIAN%20PROTOCOL%20FOR%20THE%20HALAL%20MEAT%20&%20POULTRY%20PRODUCTIONS.pdfhttp://www.halal.gov.my/v2/cms/content/editor/files/File/MALAYSIAN%20PROTOCOL%20FOR%20THE%20HALAL%20MEAT%20&%20POULTRY%20PRODUCTIONS.pdfhttp://www.malaysiahalalfoods.com/slaughter.htmlhttp://www.halaljournal.com/article/3360/halal:-the-most-humane-slaughterhttp://www.halaljournal.com/article/3360/halal:-the-most-humane-slaughter


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