The Roles of JAKIM’s Halal Enforcement Officers in Carrying Out Halal Enforcement in Malaysia

Abstract

The Malaysia’s Trade Description Act of 1972 (APD 1972) has been repealed and replaced with the new Trade Description Act of 2011 (APD 2011) after 39 years of existence. This act was to prevent manufacturers, retailers, and service providers from manipulating and confusing consumers with false trade description and misleading conduct in the supply of goods and services. One of the most significant features of the new Act was the creation of specific legal provisions on matters pertaining to halal as mentioned in Sections 28 and 29. Through these sections, the Trade Description (Definition of Halal) Order 2011 and the Trade Description (Certification and Marking of Halal) Order 2011 have been created. It gives power to the Malaysia’s Halal Certification body known as JAKIM to carry out halal enforcement and supervision. This article discusses the roles and powers of JAKIM’s halal enforcement officers who are appointed as ‘Assistant Controllers of Trade Descriptions’ in conducting halal enforcement and monitoring duties. This study found that the APD 2011 has clearly empowered JAKIM’s halal enforcement officers to do monitoring and enforcement of their own without relying on the presence of any officers of the Ministry of Domestic Trade, Co-operatives, and Consumerism. This was clearly not the situation before the 2011 Act as such power was not mandated in the 1972 Act. However, there are still some challenges in regard to lack of resources, structure, technical facilities, and qualified personnel.