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

CHAPTER 1: THE PRINCIPLES OF HALAL AND HARAM.. 3 CHAPTER 2: DEFINITION...6 2.1 SHARIAH LAW...6 2.1 HALAL FOOD...6 2.2 NAJS...7 CHAPTER 3: ANIMALS.8 3.1 HALAL 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..30

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 alTarmidhi 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. Shirk means 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 itself haram. 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 (AlQardhawi,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.

HERARCHY IN SHARIAH LAW AL-QURAN

SUNNAH (PROPHET MUHAMMAD SAYING AND ACTIONS)

ASL

AHLI SUNNAH WAL JAMAAH (SUNNI) 4 MAZHAB ( 4 TOUGHTS IN FIQH METHODOLOGIES) FIQH : Islamic jurispundence REFER TO

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. 5

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.

2.1 Halal 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.

2.2 Najs
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) khamar and food or drink or product which contain or mixed with khamar such 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.

CHAPTER 3: ANIMALS Land animals First of all, it is important to know that there are two types of animals. Firstly,land animals 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 and woodpecker and any other animals. Animals which are generally considered as repulsive such as lice, flies, maggots and other similar animals. Animals with long pointed teeth or tusks which are used to kill prey such as tigers, 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 al Maidah (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 The strangled Explanations 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. For example, 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) The animals that have been devoured by other eaten by wild beasts 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 after slaughtering according to Shariah law. Still alive means some sign of life remains in it.

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 the Halal 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 nonhalal. The number of slaughter man shall be adequate to ensure that the act of halal 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-Only Stunner. 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 14th-16th. 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 liquor process is regarded as najs (ritually impure) .

2. The alcohol from not brewing process is not najs but prohibited to be consumed in their original 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 can be consumed. 4. The drinks that are processed similar to brewing either the amounts is high or low or have been distilled are prohibited.

5. Food and drinks contained natural alcohol such as fruits,nuts or cereal with their squeezed product, or alcohol contained in passing that to happen during the food or drinks processing are not najs and can be consumed. 6. Food and drinks contained flavouring and coloring agent that contained alcohol for stabilizer 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 the alcohol is not obtained from brewing process.

Fatwa Committee of State of Johor was having conference held on 29th.June 2010 regarding Ethyl alcohol in food. The results are: 1. All liquor contains alcohol, but not all alcohol is liquor. Alcohol produced from liquor process is regarded as najs (ritually impure). 2. The drinks that are processed similar to brewing either the amounts is high or low or have been distilled are prohibited. 3. Drinks that are produced not for making beer or not befogs to mind and not similar to brewing 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 alTirmidhi 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: 100-199 200-299 300-399 400-499 500-599 600-699 700-899 900-999 1000-1399 1400-1499 food colors preservatives antioxidants, phosphates, and complexing agents thickeners, gelling agents, phosphates, humectants, emulsifiers salts and related compounds flavor enhancers not used for food additives (used for feed additives) surface coating agents, gases, sweeteners miscellaneous additive 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) 3rdOCtober 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 permissible 2- Tissue graft usage is only for medical purpose 3- 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, Selangor All 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 and the 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 are Pakistan, 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 Do not harm ourselves and do not harm others. 2- The treatment provides facilities, according to Allah says (185) God wishes for you convenience and does not want hardship. 3- Do not harm the lightest of the two-harm, as contained in the fiqh methodology means that 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 processing only.Phrase 3.2 clause 7 in (MS1500:2009). for halal slaughtering and halal

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 almughallazah 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 najs whether 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 mixed with water : water ; 1:6). The first wash shall be to clear the existence of najs, even if a few wahes needed. The water 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 ( mustamal means 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 of halal 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 the Halal 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, 14th-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 The 2nd Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic Development Malaysia): May 12-13, 1981 The 2nd Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic 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 The 26th Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic Development Malaysia) 7-8 March 1990 The 39th Session of the Fatwa Committee Convention, Jabatan Kemajuan Islam Malaysia, JAKIM (Department of Islamic Development Malaysia) September 21, 1995 Syed Ashraf, A. "Halal: The most humane slaughter." 2012, from http://www.halaljournal.com/article/3360/halal:-the-mosthumane-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

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