FOOD SAFETY BREACH AND HALAL INTEGRITY: GERBANG ALAF RESTAURANTS SDN BHD (FORMERLY KNOWN AS GOLDEN ARCHES RESTAURANTS SDN BHD) V CHAI SU LIN & ANOR [2023] 5 MLJ 491

الملخص

This case review is based on the case of Gerbang Alaf Restaurants Sdn Bhd (formerly Golden Arches Restaurants Sdn Bhd) v Chai Su Lin & Anor [2023] 5 MLJ 491 from a halal food safety, hygiene and halal integrity angle. The case began when a McDonald's franchise agreement was terminated for failure by the franchisee to keep the premises clean and wholesome, causing pest problems, complaints from customers, multiple instances of failed inspections and temporary closure of the restaurant by the Ministry of Health. The Court of Appeal deemed the repeated breaches sufficient to conclude that termination under Section 31(3)(d) of the Franchise Act 1998 was warranted on the basis of documentary evidence, physical evidence and expert testimony. The case is analysed in this study using the components of the halal forensic science which are the implications, halal management, standards and regulations, halal science and Islamic jurisprudence. The results show that halal integrity has nothing to do with the use of halal ingredients only, but it also applies to the idea of halalan tayyiban, meaning that food must be clean, safe and free from contamination. The case emphasizes how important scientific evidence, effective hygiene management, regulatory compliance, and following Shariah principles are for protecting the welfare of consumers, building consumer confidence and sustaining the integrity of the halal food industry.