HALAL REPRESENTATION AND REGULATORY ENFORCEMENT: A CASE REVIEW OF JMJ FOOD & BEVERAGES SDN BHD v MOHAMAD ZUKRILLAH ISMAIL & ORS [2016] 4 CLJ 368

الملخص

This paper examines the Malaysian case of JMJ Food & Beverages Sdn Bhd v Mohamad Zukrillah Ismail & Ors, which involved issues relating to halal representation, regulatory enforcement and consumer protection. The dispute arose following an enforcement operation conducted against a non-halal restaurant that advertised a “Ramadhan Buffet” promotion. The paper discusses the facts of the case, the judicial reasoning used by the courts, and the implications of the decision from the points of view of halal certification, Islamic jurisprudence, consumer protection, health implication, health implication and the enforcement of the law. The case illustrates the complexities of protecting consumers, maintaining integrity of the halal product and upholding business rights and procedural fairness in Malaysia's halal regime. It also reminds readers of the need for clarity in the regulation regarding religious terminology in commercial promotions, especially by non-halal establishments. The paper concludes that ‘good governance' in the context of halal needs to be balanced, protecting consumers' rights, and be fair and accountable in how it is enforced. Higher transparency in enforcement practices and regulatory guidelines would further boost the trust of the public and foster the growth of the Malaysia's halal ecosystem.