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Dr. Abdullaah Jalil

Dr. Asharaf Mohd Ramli

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En. Mohamad Aizuddin Abdul Aziz

Dr. Norman Hamdan
2020
2020, 15 Februari. Sabtu. Ceramah Khas sempena Pembinaan Masjid Nilai Impian. Kepentingan Masjid bagi Ummah. Surau SAFNI. (Dr. Abdullaah Jalil)
2020, 31 Januari. Jumaat. Bengkel Penyediaan Kertas Hukum Bagi Penjanaan Pendapatan dan Pelaburan Dana Masjid. Majlis Agama Islam Pahang. 9 pagi – 5 petang. Masjid Kuantan.
2020, …. Perbincangan bersama wakil Majlis Agama Islam Pahang. Ustaz Ahmad Nizam. Pusat Islam USIM.
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Buku Hasil Penyelidikan: Asharaf Mohd. Ramli, Abdullaah Jalil, Norman Hamdan, Asmaddy Haris, & Mohammad Aizuddin Abdul Aziz. (2012). Pengurusan Kewangan Masjid: Model Imarah Masjid TM. Nilai: Wisdom Publication. (
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(2007, 10 Oktober).
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Pengurusan Kewangan Masjid: Model Imarah Masjid TM. Nilai: Wisdom Publication. (
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 *Corresponding author.

Email: suraiya@usim.edu.my

eISSN: 2550-2166 / © 2020 The Authors. Published by Rynnye Lyan Resources

  Food Research 4 (Suppl. 1) : 214 - 219
  Journal homepage: http://www.myfoodresearch.com

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Issues in halal food product labelling: a conceptual paper

1,*Osman, S., 2Ab. Rahman, S. and 3Jalil, A.

1Faculty of Syariah and Law, Universiti Sains Islam Malaysia, Bandar Baru Nilai, 71800 Nilai, Negeri

Sembilan, Malaysia
2Faculty of Economics and Management, Universiti Putra Malaysia, 43400 UPM Serdang, Malaysia

3Faculty of Economics and Muamalat, Universiti Sains Islam Malaysia, Bandar Baru Nilai, 71800 Nilai,

Negeri Sembilan, Malaysia

Article history:

Received: 9 August 2019

Received in revised form: 25

November 2019

Accepted: 1 February 2020

Available Online: 10

February 2020

Keywords:

Halal,

Halal food products,

Trademark,

Label,

Islamic attributes

DOI:
https://doi.org/10.26656/fr.2017.4(S1).S15

Abstract

The paper was aimed to uncover the issues encountered on Halal Food Product labelling

to prevent the misuse of Islamic attributes in food products labelling and to ensure the

appropriate trademarks, terms, and label used on the packaging and marketing strategy.

The method used for this conceptual paper was from literature reviews from journal

articles, thesis, proceedings and conferences, books, and online news, which are related to

the keywords and research area. Trademarks and labels are among the crucial elements in

marketing, which enable the consumer to differentiate the quality, the ingredients and will

affect the consumers’ buying choice. Recently there is a trend of using Islamic attributes

in food product labelling as trademarks to attract Muslim consumers. The issues

encountered on halal food product labelling are the use of Quranic verses on the drink, the

term “Sunnah food”, using Islamic terms such as “Masjid”, “Mukmin”, and others in food

products’ trademark and label. The consumers were deceived into thinking that these

products have extra benefits as compared to others due to Islamic attributes they have.

Thus, there is a need for an in-depth study on these issues since there is no clear and

specific guideline on this matter.

1. Introduction

Religious belief is one of the factors that influence

purchase decisions in food products as different religious

groups prohibit certain foods from being consumed by

the followers (Schiffman and Kanuk, 2010;  Ramli and

Jamaludin, 2016 in Ab Talib and Mohd Johan, 2012).

The use of Islamic elements in marketing and labelling

of food products is increasingly popular and widespread

in the Malaysian market. This phenomenon is due to the

high demand from the consumer owing to various factors

such as the current interest of people towards Islam is so

high that whatever it is claimed is the efficacy of the

Qur'an, so many believe that without prior inspection

(Ahmad, Yakub, Razzak et al., 2015). The consumption

of Sunnah food had become a trend (Othman et al.,

2016) this is because products based on “Sunnah food”

or Ruqyah food and drink (being read al-Quran verses

onto them) are often referred to as the best food. They

believe that these products may cure certain diseases

such as mysterious diseases or “santau” (Deuraseh and

Mohd Tohar, 2008; Ismail, 2012; Zain, 2013a). The

Malaysian Muslim community, are weakened when it

comes to the sunnah of the Holy Prophet (PBUH) with

regard to advantages of practicing the sunnah and the

health benefits that will be obtained from the food

consumption, has also led to the increasing production of

sunnah food products in the market (Ahmad, Yakub,

Razzak et al., 2015). A previous study by Ahmad, Mohd

Yusoff, Abd Razzak et al. (2015)  had shown that

Sunnah of Prophet had been manipulated in marketing

and promotion of products. This study has been

supported by Ramli and Md Ariffin (2016). These

products are often a marketing plan for some

entrepreneurs to underline the product. On the part of the

producer, they tend to use these Islamic attributes to

attract Muslim customers to buy their product. Besides,

with these attributes, they may sell it at higher prices

(Zain, 2013a; Ramli and Md Ariffin, 2016; Zin, 2017).

The existence of food products using Islamic attributes at

their label and packaging has increased nowadays. This

trend has shown that there is high demand for the Islamic

product from the consumer. However, some dangers

come with this uncontrolled practice. Hence, there is a

need to study the types of misuse. This study was aimed

https://orcid.org/0000-0001-9214-1027

215 Osman et al. / Food Research 4 (Suppl. 1) (2020) 214 - 219

eISSN: 2550-2166 © 2020 The Authors. Published by Rynnye Lyan Resources

to investigate the extent to which the use of Islamic

attributes impacts the consumer and Islamic dignity.

2. Materials and method

A comprehensive search of the literature (magazines,

books, journals, newspapers, and conference papers)

through the early 2013s to 2019 was carried out to

collect relevant information and data. The materials not

only limited to the English language but also covers

Malay language materials. The keywords searched were

‘Prophetic Food,’ ‘Sunnah food,’ ‘Ruqyah,’ and ‘misuse

of religion.’ The data were grouped into separate themes

among others; the concept, current issues, types of use,

contributing factors and the effects of the use.

3. Results and discussion

3.1 Halal in Islam

The term “halal” refers to the area of living

arrangements of Muslims guided by halalan ṭayyiban,

namely purity, hygiene, and healthy living, as well as

halal (Mohamed Jusoh, 2001; Halim Ahmad, 2001).

Halal is an Arabic word name. The basic halla, yahillu,

hillan, which means free, release, break, dissolve, and

allow (Dahlan, 1997). Terms halal opposed to illegal or

out of something illegal (Wizarah al-Awqaf, 1990).

According to Kamus Dewan (2005), halal is well defined

as halal law permits an act is done (in Islam), legal (not

forbidden by Islam), permitted and allowed. Literally,

the halal means permitted, while also something illegal is

prohibited. Halal food products alone are not sufficient

but must include aspects of “good” (tayyib) that is clean,

safe, and quality. Since the production of a food product

comprising a particular process, starting from the

selection, preparation of materials, manufacturing,

production, storage, transportation, distribution until the

product is presented to the consumer, then the “halal”

should cover the whole network starting from its source

(Soraji et al., 2017). According to al-Qaradawi (1994),

something that is required, that no binding ban and

allowed someone to do so by legislation. Halal is

something that is a must and allowed by Islamic law (al-

Awqaf Wizarah, 1990). Al-Ghazali (1998) and Al-

Qaradawi (2002) also clarifies the meaning of halal,

which covers all major sources of human food either

from animals, plants, natural materials, chemicals and

microorganisms contained between lawful and unlawful

law. The halal and haram debate also involve elements of

biotechnology in food products and other personal

goods, such as clothing, toiletries, and cosmetics. Based

on the definition of the language and terminology, it can

be concluded that the halal refers to something legal in

Islamic law for humans to eat, use, and consume (Wahab

and Azhar, 2014).

3.2 Concept of trademark and labelling

3.2.1 Trademark

A trademark is a sign capable of distinguishing the

goods or services produced or provided by one enterprise

from those of other enterprises. Any distinctive words,

letters, numerals, drawings, pictures, shapes, colours,

logo types, labels, or combinations used to distinguish

goods or services may be considered a trademark. In

some countries, advertising slogans are also considered

trademarks and may be registered as such at national

trademark offices. Under the Trade Mark Act 1976,

“trademark” means, a mark used or proposed to be used

concerning goods or services for indicating a connection

in the course of trade between the goods or services and

a person having the right either as proprietor or as a

registered user to use the mark. Whether with or without

an indication of the identity of that person. Whereas

under the same Act, “mark” was defined as includes a

device, brand, heading, label, ticket, name, signature,

word, letter, numeral or any combination thereof.  The

main function of a trademark is to enable consumers to

identify a product (whether a good or a service) of a

particular company to distinguish it from other identical

or similar products provided by competitors. Consumers

who are satisfied with a given product are likely to buy

or use the product again in the future. For this, they need

to be able to distinguish easily between identical or

similar products (WIPO, 2006).

Professor Robert G. Bone explains, trademark law’s

“core mission, as it is understood today, is to facilitate

the transmission of accurate information to the

market” (Desai, 2012). Trademark law thus clings to the

model of the firm as the one with the exclusive power to

develop the brand and to control its meaning.

Trademarks enhance the economic efficiency of the

marketplace by “lessening consumer search costs by

making products and producers easier to identify in the

marketplace,” and “encouraging producers to invest in

quality by ensuring that they produced, and not their

competitors, reap the reputation-related rewards of that

investment (Desai, 2012).

3.2.2 Label

A label is intended to help consumers differentiate

the labelled product from otherwise similar products. A

label calls to consumers’ attention to the desirable

attributes of the product. When a firm labels its product,

it assumes that the information it provides is important to

consumers and that they will respond by changing their

purchase decisions (Golan et al., 2001). Teisl and Roe

(2016) define product labelling as any policy instrument

of a government or other third party that somehow

regulates the presentation of product-specific

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information to consumers. This information might

describe the use characteristics of the product, such as

price, taste, and nutrition, or non-use characteristics,

such as the environmental impact or moral/ ethical

elements surrounding the product's manufacturing

process. Simply stated, labelling policies can circumvent

these market inefficiencies by making the information

initially held by the firm also available to the consumer.

3.3 Issues in food product labelling and marketing

A research done by Osman et al. (2019) has

categorized the use of Islamic elements into five

categories which are first Quran-related verses such as

Ruqyah where Quranic verses are claimed to be recited

or written on specific products. Secondly Sunnah-related

such as using the term Prophetic foods or the word

Sunnah itself, and thirdly by using Islamic icons and

pictures such as pictures of mosques. Fourthly, by using

Islamic performance of worships such as prostration in

prayers and the last category is Islamic or Muslim names

such as Tok Guru, Pak Sheikh and Ahmad. However, the

researchers would like to add another category such as

by using Jawi writings in the label or trademark, and it

can be regarded as misuse of Islamic attributes in

marketing. For the first category, many products are

available on the market. For example, “Kismis 30 juzu’

Al-Quran” (raisins which have been recited 30 juzu’ of

Quranic verses), 30 juzu’ mineral water, air pinggan

putih (mixture of water and saffron with a special

technique of writing Quranic verses using saffron liquid

on a white plate). These products are believed to have

special attributes in healing particular disease and may

give certain benefit to whom consume them. For the

second category, the word Sunnah or the Hadith of

Prophet has been used on the label and these products are

the most common type that can be found in the market.

The products usually contain either dates, honey, goat’s

milk, habbatus sauda, raisins, olive oil or combination of

them and some other ingredients. In some instances,

these products are back up with the text of hadith (Ramli

and Md Ariffin, 2016). For the third category, Islamic

icon and logo such as, crescent and Kaabah were used as

trademark on the label. For examples Mi Cap Masjid and

Kopi Cap Songkok. Next category is where Muslim

name and Islamic term being used for example Pau

Ahmad, Kopi Pak Sheikh and Kopi al-Ambiyak. In 2014,

there was a case where a man was dead after drinking

these coffee (Shagar et al., 2014). It was discovered that

the coffee was banned by the Ministry of Health for

containing sildenafil and tadanafil, which are often

claimed to be able to increase sexual performance. The

Ministry of Health has confirmed that the coffee has

been banned in early 2014 (Shagar et al., 2014). This

case was upsetting since it uses Islamic attributes as their

trademark. On the next category, is where the Islamic

performance of worship such as tawaf has been used as a

marketing strategy. A good example is the service of

valet doa where the person offers a service of making

doa in front of Kaabah with certain amount of payment

by the customer. This practice has been condemned by

the Director of JAKIM (Mutalib, 2017; Zin, 2017). The

last category is where Jawi or Arabic writings were used

on the labelling. Some of the products do not get the

halal certification from JAKIM and this practice has

been forbidden by Malaysian Community Enterpreneur

Development (MCED) as it may confuse the consumer

as to the halal status of the product (Sahril, 2019).

3.4 Current problems and effects

The issue of using Islamic attributes in labelling has

emerged since 2013. This practice was due to the

existence of a huge range of health products, for

example, drinks, cosmetics, and it includes the

alternative health treatment that uses these Islamic

attributes. This scenario is wide spreading because the

current interest of people towards Islam is so high that

whatever it is said is the efficacy of the Qur’an, so many

believe that without prior inspection (Ahmad, Yakub,

Razzak et al., 2015). Products based on “Sunnah food”

or Ruqyah food and drink (being read al-Qur’an verses

onto them) are often referred to as the best food.

Additionally, there are also products that are produce by

using zam-zam water as a mixed ingredient. However,

the zam-zam water that is used as a mixture of

ingredients is in small quantities. The product is then

labeled with zam-zam water as an ingredient. These

products are often a marketing plan for some

entrepreneurs to underline the product. What is troubling

is the possibility of fraud with the reason that the product

is more blessed and effective because it is recited al-

Qur’an, recitation, or prayer (Ramli and Md Ariffin,

2016). The previous head Imam of the National Mosque

Datuk Hassan Mahmud acknowledged that there were

parties who used the Qur’an with the intention of

leveraging the products they produce (Zain, 2013a).

Consumers are advised not to be easily influenced by the

sale of products that use the Qur’anic texts as there are

parties who use it to leverage the business. The consumer

should not buy the product merely because of the label

and fearing that it may harm the consumer (Zain, 2013a).

Even though the public has been warned, the demand

towards these products was still high. They believed that

these products that have been read Qur’anic verses or

Ruqyah and Sunnah food has its advantages and may

cure certain disease (Zain, 2013b). On the part of the

producer they tend to use these Islamic attributes to

attract Muslim customers to buy their product. Besides,

with these attributes they may sell it at higher prices

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(Zain, 2013a; Ramli and Md Ariffin, 2016; Zin, 2017)

Consumption of sunnah food had become trend. Whether

in supermarkets, direct sales, or online marketing, there

are many supplements based on sunnah food available to

the public. It becomes the latest trend due to high

demand, especially among Muslims. It gives a new

dimension in the world food market. Our society seems

to have the initial force to find an alternative in health

care. This situation eventually led to the innovation of

sunnah food. Dates, for example, have been innovated

into chocolate, herbal essence, coffee, cordial, and 3 in 1

drink (Othman et al., 2016). More ominously if the

ingredients have not been checked it will endanger

people’s life. This was so, as reported by Md Denin and

Kamarudin (2018) about a case recently happened in

Penang, where a non-Muslim couple of husband and

wife has been caught producing health products known

as ‘Jus Sunnah.’ This product has been tested and

confirmed positive of containing scheduled drugs, i.e.,

steroid dexamethasone and prednisolone, which was

prohibited by the Ministry of Health. This product was

claimed as able to cure joint pain, vein, and numb and

the like, and it has been sold at the market at a price

ranging between RM75 to RM130 (Md Denin and

Kamarudin, 2018). This practice was a clear act of

misused of Islamic attributes, i.e. the word ‘Sunnah’ as

their trademark on their packaging to deceive the Muslim

consumers and to get more profit. Moreover, they

claimed that the ingredients were 100 percent of natural

juice from selected fruits, but it turned out that they were

from combination of flavored powder, caramel, pipe

water, and chemical substance (Md Denin and

Kamarudin, 2018).

In addition to allegations of Sunnah food products of

Prophet Muhammad, there is also the misuse of dhaif

and maudhu’ hadiths for the pursuit of product sales.

Ramli and Md Ariffin, (2016) have conducted a study on

the misuse of the Prophet’s hadith in consumer products

in the market. Attempts to exploit the hadith of the

Prophet SAW as product tools of marketing should be

tackled by the authorities. This is because if the product

does not give benefit to the consumer, the risk of the

hadith of the Prophet (s) will be denounced. Thus,

producers need to be responsible for the use of the

“Sunnah product” label because it risks the negative

impact on Sunnah position as the second source of

authority in Islam.

On the other hand, in some cases, this Sunnah food

might not be suitable for certain health conditions. For

example, Sunnah food which based on dates and raisins,

which high in sugar might not be suitable for a diabetic

person. It may cause harm instead of curing the person.

Thus, a comprehensive scientific research should be

conducted on the production, handling, the efficacy of

Sunnah food, safety, and quality control on all Sunnah

food (Ahmad et al., 2015). Possibly, with the mixture of

Sunnah food with other ingredients, the chemical

composition and nutritional value of food is also changed

compared to the original material itself. Is it fair for the

food product to be claimed as the Sunnah food? The

quantity of a specific type of food product should also be

taken into account. The easiest example is the dates of

juice. If the dates juice sold is not merely contained

dates, but also added sugar, is it good for health?

(Othman et al., 2016)

It is worrying that the manufacturer will use the basis

of Sunnah food to achieve commercial value per se by

totally ignore the impact on health. Not to mention the

duplication by explicitly incorporate into a product

added sugar, non-dairy creamer, and malt then labeled as

sunnah food (Othman et al., 2016).

3.5 Fatwa rulings

In response to the use of ayat Ruqyah, Quranic

verses, and related to it, the National Fatwa Council for

Islamic Religious Affairs Malaysia (Muzakarah Majlis

Fatwa Kebangsaan Bagi Hal Ehwal Ugama Islam

Malaysia) decreed that this scenario is very dangerous to

the religious belief and it may lead to syirik. The

products and the chants have no power to heal except

Allah (Berita Harian Online, 2016) Muslims need to

carefully manage their lives so as not to deviate from the

established grounds. Religion should not be a channel for

wealth and political gain, and thus people need to reject

such exploits (Zin, 2017).

Due to these worrying scenarios, the Department of

Islamic Development Malaysia (JAKIM) has made a

move to control this matter. Companies and applicants of

the Malaysian Halal Certification are not allowed to use

the term ‘ayat Ruqyah’, ‘Sunnah food’ and the like on

labelling, advertising and promotion of products that are

sought for halal certification. This is due to the circular

on the regulation was enforced on 15 February 2016

after the Trade Descriptions (Halal Certification and

Marking) Order 2011 (Mutalib, 2016).

However, this prohibition is not exhaustive. the

prohibition only limited to the use of the word ‘Ayat

Ruqyah’ and ‘Makanan Sunnah’, and the circular is

silence on the usage of other Islamic attributes.

4. Conclusion

There are principles in Islam called Sadd Zarai’,

which means harms should be eliminated. Based on

Maqasid Syar‘iyyah that is hifzu ad-din or the

preservation of religion, these activities of misuse should

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be controlled by the government to avoid any harm in the

future. The government should set up a clear guideline to

control the use of Islamic attributes in labelling. Islam

should not be used for commercial purposes and be

exploited by irresponsible parties. Its dignity should be

upheld in all times and situations and should not be open

to any exploitation.

Acknowledgment

The authors wish to thank the Universiti Sains Islam

Malaysia for the research grant to complete the project

entitled “Laws relating to Products Labeling and

Marketing: Proposed Amendments according to Maqasid

Syariah,” of which this paper is part of the output.

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