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Osservatorio delle Libertà ed Istituzioni Religiose

Documenti • 23 Gennaio 2004

Linee guida maggio 2001

Malasya. Department of Islamic Development, Prime Ministers Department: General guidelines on the slaughtering of animals and the preparation and andling of halal food, maggio 2001.

1. INTRODUCTION

These guidelines for the slaughtering of animals and the preparation and handling of Halal food will have to be observed at all establishments involved in the processing of Halal food. It will also serve as a basis for ascertaining the Halal status of the establishmentS by the competent authority in Malaysia. These guidelines will apply to all foreign establishments intending to export their products to Malaysia and shall be used together with existing guidelines on Good Manufacturing Practices and hygienic sanitary requirements.

2. HALAL FOOD

Halal food means food permitted under the Islamic Law (a law based on the al-Quran, al-Hadith, Ijma'(consensus) and Qiyas (deduction of analogy) according to the Syafei or any one of the Hanafi, Maliki or Hanbali School of Thought or fatawa approved by the relevant Islamic Authority) and which fulfil the following conditions:-
a. The food or its ingredients do not contain any components or products of animals that are not Halal to Muslims according to the Syariah Law or animals which are not slaughtered according to the Syariah Law.
b. The food does not contain any ingredients that are considered najis (filthy) according to the Syariah Law.
c. It is not prepared, processed or manufactured using equipment that is contaminated with things that are considered najis according to the Syariah Law.
During its preparation, processing, packaging, storage or transportation, it should be physically separated from other food that does not meet the requirements stated in items (i), (ii) or (iii) above or things that have been decreed as najis by the Syariah Law.

3. HALAL DRINKS

All kinds of water and beverages are Halal except those that are either poisonous, intoxicating, hazardous to health or mixed with najis.

NAJIS

According to the Syariah Law, najis are :-
3.1.1 Any liquid and objects discharged from all orifices of human beings or animals such as urine, excrement, blood, vomit, pus including the sperm and ova of pigs and dogs except sperm and ova of all animals.
3.1.2 Dead animals or Halal animals that are not slaughtered according to the Syariah Law.
3.1.3 Halal food and drinks are considered najis if they are contaminated or have direct contact with things that are not permitted by Islam. The three kinds of najis (extreme, medium or light ) are applicable in this case.
3.2 FOOD AND DRINKS DERIVED FROM BIOTECHNOLOGY
Animals that have been treated (excluding feeding) with any product derived from non-Halal sources (obtained through biotechnology or genetic engineering) become non -Halal animals. Likewise any food or drink derived from such animals are then deemed non-Halal according to the Syariah Law.

4. SOURCES OF HALAL FOOD AND DRINKS

4.1 ANIMALS
Animals can be divided into two categories :-
4.1.1 LAND ANIMALS
All land animals are Halal except the following :-
4.1.1.1. Animals that are not slaughtered according to the Syariah Law.
4.1.1.2. Pigs and dogs or their descendants.
4.1.1.3. Animals with long-pointed teeth (canines or tusks) which are used to kill preys such as tigers, bears, elephants, cats, monkeys etc.
4.1.1.4. All predatory birds
4.1.1.5. Animals that are decreed by Islam to be killed such as mice, scorpions, crows, eagles, and mad dogs.
4.1.1.6. Animals that are forbidden to be killed such as bees, ants, spiders, woodpeckers etc.
4.1.1.7. Creatures that are considered dirty by the public such as lice, flies etc.
4.1.1.8. Animals that live both on land and in water (amphibians) such as crocodiles, turtles, frogs, seals etc.
4.1.1.9. Animals that have been treated (excluding feeding) with any product derived from non-Halal sources.
4.1.2 AQUATIC ANIMALS
Aquatic animals are those which live in water and cannot survive outside it, such as fish. All aquatic animals are Halal except those that are poisonous, intoxicating or hazardous to health.

4.2 PLANTS
All type of plant products and plant derivatives are Halal except those that are poisonous, intoxicating or hazardous to health.

4.3 MICRO-ORGANISMS AND MUSHROOMS
All type of micro-organisms and mushrooms and its by-products and/ or derivatives are Halal except those that are poisonous, intoxicating or hazardous to health.

5. HALAL SLAUGHTER

5.1 PRE-SLAUGHTER CONDITIONS FOR ANIMALS / POULTRY
Only animals and poultry that fulfill the following will be allowed for slaughter :
5.1.1 All animals and poultry must be healthy, free from any signs of wounds and disease, or any form of disfigurement.
5.1.2 Animals and poultry should be treated in a humane manner prior to slaughter. Any ill-treatment, beating, acts that may cause stress or fear are strictly forbidden on all animals and poultry awaiting slaughter.
5.1.3 Any acts of injury or cutting is prohibited on animals prior to their slaughter.

5.2 CONDITIONS OF SLAUGHTER
The slaughtering of Halal animals should be fully separated from the slaughter of non-Halal animals. Halal slaughter should be carried out according to the following regulations:
5.2.1 Halal slaughter should be performed only by a Muslim (not a Kitabi or others) who is of sound mind, mature and who fully understands the fundamentals, rules and conditions related to the slaughter of animals in Islam.
5.2.2 The animals to be slaughtered must be animals that are Halal and can be eaten by a Muslim.
5.2.3 The animal must be fully alive or deemed to be alive at the time of slaughter.
5.2.4 The slaughtering should sever the trachea and esophagus. The carotid arteries and jugular veins will automatically be severed when both main vessels are cut off. The spinal cord should not be cut and the head is not to be severed completely. This is to bring about immediate and massive haemorrhage.
5.2.5 Slaughtering must be done only once. The "sawing action" of the slaughtering is permitted as long as the slaughtering implement is not lifted off the animal during the slaughtering. Any lifting of the knife is considered as the end of one act of slaughter. Multiple acts of slaughter on one animal are not allowed.
5.2.6 Bleeding must be spontaneous and complete.
5.2.7 Dressing of carcasses should only commence after ascertaining that the animal is dead.
5.2.8 Slaughtering implements, tools and utensils must be utilised only for the slaughter of Halal animals. The slaughtering mplemen or tool has to be kept sharp at all times.
5.2.9 The act of Halal slaughter should begin with an incision on the neck at some point just before the glottis (Adam's Apple) for animals with normal necks but after the glottis for animals with long necks such as chicken, geese, turkeys, ostriches, camels etc.
5.2.10 The phrase ?bismillah?? (In the Name of Allah) is highly encouraged to be immediately invoked before the slaughter of each animal. In certain mazhab (school of thought), this invoking of the phrase ?bismillah?? is compulsory.
5.2.11 The objective of slaughtering is only for the sake of Allah and not for other purposes.
5.2.12 All Halal verification certificates for Halal meat must be issued, approved and signed by an Islamic Association which has been accepted by the government of Malaysia along with the health certificate from the exporting country. In the other words, the slaughterhouse must be under the supervision of the local Islamic authority, which is capable of auditing the Halal certification, and duly recognized by the Department of Islamic Development Malaysia (DIDM).

5.3 STUNNING OF ANIMALS
Stunning of animals prior to slaughter is permitted and shall be in accordance with the requirements below :
5.3.1 Three types of stunners shall be used to stun the animal, namely electrical, mechanical or pneumatic stunner.
5.3.2 The use of the stunning equipment shall be under the control of a Muslim supervisor or a trained Muslim slaughterman or Halal certification authority at all times.
5.3.3 The animal should only be stunned temporarily. The stunning should not either kill or cause permanent injury to the animal.
5.3.4 Gadgets that are used to stun pigs shall not be used to stun animals for Halal slaughter.

5.4 ELECTRICAL STUNNING
5.4.1 The electrical stunner should be of the type allowed by the government / Islamic authority in charge of slaughter.
5.4.2 A low and controlled voltage must be used so that the stunning will not damage the heart and brain or cause physical disability and death to the animals. The voltage of current used should be controlled by the Halal certification authority.
5.4.3 The type of stunner used for slaughtering the Halal animals should be "head only stunner" type, where both electrodes are placed on the head region.
5.4.4 Electrical stunning of poultry is allowed using water bath stunners only

5.5 MECHANICAL STUNNING
5.5.1 Mechanical stunners should only be used on cattle and buffaloes.
5.5.2 Non-penetrative type (mushroom head) percussion stunner should be allowed.
5.5.3 The stunner should not penetrate or break the animal's head. Any injury, if caused, should not be a permanent injury.
5.5.4 The skull of the animal (after the head is skinned) should be checked / examined for permanent injury. If the skull is found to have been penetrated or broken, the carcass should be identified as non-Halal and should be separated from Halal carcasses.

5.6 PNEUMATIC STUNNING
Pneumatic stunning or a stunner which uses air pressure is allowed for use in Halal slaughter. It is a device operated by electrical powerto produce strong air pressure and it does not contain any sharp objects. Air pressure directed towards the atlanto-occipital region will render the animal unconscious for a few seconds.

5.7 MECHANICAL SLAUGHTER OF POULTRY
Slaughter of poultry by mechanical knife is permitted if it complies with the following procedures:
5.7.1 The operator (slaughterman) of the mechanical knife should be a Muslim. He will recite the prayer "Bismillahir rahmanir rahim prior to switching on the mechanical knife and line.
5.7.2 The Muslim slaughterman, who switches on the mechanical knife should be present in the slaughter area at all times (during slaughter).
5.7.3 In the event that the slaughterman has to leave the slaughter area, he should be replaced by another Muslim slaughterman. The former will stop the line and switch off the mechanical knife. To restart the operation the second slaughterman must recite the prayer as in (5.7.1), before switching on the mechanical knife and line.
5.7.4 The knife used should be of the single blade type and must be kept sharp at all times.
5.7.5 During the act of slaughter, the throat, esophagus and major blood vessels in the neck region (jugular vein and carotid artery) of the bird must be severed.
5.7.6 The slaughterman is required to check that each bird is properly slaughtered. He or other Muslim slaughterman should slaughter manually any birds that miss slaughter by the mechanical knife.
The birds should be dead as a result of slaughter before they are sent for scalding.

6. GENERAL REQUIREMENTS FOR HALAL MEAT PRODUCTS

6.1 PREPARATION, PROCESSING, PACKAGING, TRANSPORTATION AND STORAGE
All food (including meat) should be prepared, processed, packaged, transported and stored in such a manner that it complies with all Islamic principles on Halal food along with the Codex General Principles on Food Hygiene and other relevant Codex Standards.

6.2 PROCESSING AND HANDLING
All processed food is Halal if it meets the following conditions:
6.2.1 The product or its ingredients does not contain any components or products of animals that are not Halal according to the Syariah Law or animals that are not slaughtered according to Syariah Law.
6.2.2 The product does not contain anything in large or small quantities that are considered najis according to the Syariah Law.
6.2.3 The product is prepared, processed or manufactured using equipment and facilities that are free from contamination with najis.
6.2.4 During its preparation, processing, packaging, storage or transportation, it should be totallly separated from any food that does not meet all or any of the above three requirements or other things that are considered najis by the Syariah Law.

6.3 DEVICES AND UTENSILS
Premises and all facilities such as devices and utensils (machines) should only be used for processing Halal food. The same premises and facilities are not allowed to be used for processing both Halal and non-Halal food, although they can be washed and cleaned properly as required by the Syariah Law.

6.4 STORAGE, DISPLAY AND SERVING
All Halal products that are stored, displayed, sold or served should be categorized and labelled Halal at every stage so as to prevent it from being mixed or contaminated with things that are not Halal.

6.5 PACKAGING AND LABELING
The products shall be properly packed and shall fulfill the following conditions :
6.5.1 Packaging materials shall be Halal in nature.
6.5.2 The packaging material should not contain any raw materials that are considered najis by the Syariah Law
6.5.3 It should not be prepared, processed or manufactured by using equipment that is contaminated with things categorised as najis according to the Syariah Law.
6.5.4 During its preparation, processing, packaging, storage or transportation, it should be totally separated from other food that does not meet all or any of the above three requirements or any other things that are considered najis by the Syariah Law.
The packaging of meat and meat products shall be carried out in a clean and hygienic manner in sound sanitary conditions. The word halal or equivalent terms should appear on the label of the product.

7. HYGIENE AND SANITATION

Hygiene has been given much emphasis in Islam and it includes various aspects of personal hygiene, clothing, equipment and the premises used for processing or manufacturing of food. The objective is to ascertain that the food is produced under hygienic conditions and it is no hazardous to human health. The following are the conditions that must be fulfilled:-

7.1 The product shall be processed and packed under strict hygienic conditions in premises licensed in accordance with good manufacturing practices.

7.2 The above principles are embodied in the document ?Recommended International Code of Practice – General Principles of Food Hygiene (Ref. No. CAC/RCP 1-1969, Rev. 2 (1985))? and strict adherence to it is recommended. This document is in Section 1, Volume 1B, Codex Alimentarius – General Requirements (Food Hygiene).

8. COMPLIANCE

For a product to be deemed Halal, it shall comply with this guideline especially clauses
2-7. This shall be verified through site inspection by the competent authority from Malaysia.

9. THE DEGREE OF CONFIDENCE IN HALAL CERTIFICATION

In the certification of the Halal status, the examination process will cover all aspects of preparation, slaughtering, processing, handling, storage, transportation, cleaning, disinfection and management practices. The examination should not create or give rise to any question or doubt. The examiner will only confer the Halal status when he is fully confident and is satisfied beyond any reasonable doubt, on every aspects of the examination.

10. HALAL CERTIFICATION

10.1 The process of Halal certification of a foreign establishment entails the site inspection of the plant by the competent authority from Malaysia along with the appointment of an Islamic Organization that will be entrusted with the responsibility of supervising and monitoring the Halal status at the plant concerned. The Islamic Organization will have to be officially accredited by the Department of Islamic Development, Malaysia (DIDM). The Halal certificate for products destined for export to Malaysia from this approved establishment, will then be issued by the accredited Islamic Organization.

10.2 The initial period of conferment of the Halal status to the approved establishment will be for a year. During this period the establishment will have to be monitored by the accredited Islamic Organization. To maintain its Halal status the establishment will have to undergo periodic inspection every two years by the competent authority from Malaysia.
It is obligatory on part of the Islamic Organization to monitor any approved establishment and to submit annual report on the Halal status of the establishment to DIDM. Failure to submit such reports will result in both the withdrawal of the Halal certification to the plant as well as the retraction of the recognition accorded to the Islamic Organization.

11. CONFERMENT Of HALAL STATUS

All establishments that fulfill all the terms and conditions above can be conferred the accreditation as an Halal establishment.

12. CANCELLATION / WITHDRAWAL OF HALAL STATUS

The Department of Islamic Development, Malaysia reserves the right to cancel or withdraw the conferment of Halal status to any establishment when the following occurs:
a. With the discovery of any breach or infringement in the Halal requirements of the establishment concerned.
b. The failure to submit regular annual reports on the Halal status of the establishment by the accredited Islamic Organization.
c. Following the discovery that the Islamic Organization is no longer functional or has been deregistered.
d. The Department of Islamic Development, Malaysia will be not willing to entertain any requests seeking reinstatement of Halal status subject to the following reasons:-
i. The failure to submit annual reports or the detection of any technical breaches will only warrant a repeat inspection of the establishment by the competent authority from Malaysia.
ii. The detection of dishonest practices resulting in the loss of confidence by the competent authority in Malaysia will result in the suspension for a period not less than five years.
The suspended party can request for an inspection following the completion of the suspension period and which will be considered on its merits.

13. REQUESTS FOR INSPECTIONS FOR HALAL CERTIFICATION

The competent authority in Malaysia reserves the right to accept or refuse requests to perform inspections without the need to give any reason whatsoever in the event of such refusal.