Norazlina Abdul Aziz

Request for Halal Pharmaceutical Information: Duty of Physician and Pharmacist

The growth of halal pharmaceutical industry is resulting from the increase of awareness among Muslim patients to search for halal medication. In line with this awareness, the Muslim patients requested for information regarding the pharmaceutical product prescribed to them and the medicine that is used throughout their treatment. This behaviour have contributed to the question of who holds the liability to supply the information and assured the halal status of the pharmaceutical product and how much information need to be supply to the patients. This study research on the liability of the physician and pharmacist to inform the patients who requested for halal information the halal status of the pharmaceutical product. The study looks into the existing guideline (if there is any) and practice among the physician and pharmacist in dispensing halal information of a pharmaceutical product. The study aims at recommending an appropriate guidelines or improvement of the existing laws and regulations in this area of study. Data of the study are gathered using the qualitative method involving library research which involves the analysis of the law of tort and the existing guideline together with semi-structured interviews.

JAKIM: Governors of Halal Affairs

The Trade Description Act 2011 which creates the by-laws of Trade Description (Certification and Marking of Halal) Order 2011 has vested the power to issue halal certification to the government-appointed body mainly JAKIM and MAIN. It is also within this power that JAKIM needs to monitor the preservation of compliance of Halal certification requirements by the certified products or services. In carrying out this duty, JAKIM is vested with a wide power covering the legislative, executive and judiciary role. However by virtue of the provision in the Constitution and the law on the setting up of a government agency, there are several unresolved issues regarding the status and power of JAKIM in executing the existing assigned duty. Thus, it is the objective of this study to identify the scope of authority and jurisdictions vested in JAKIM and to critically analyse the role of JAKIM in the issuance of Halal certificate and their monitoring, controlling and enforcement activities with the aim to suggest appropriate reformation to the current governance practices. This study embarks into a qualitative research methodology which involves the exploratory approach and content analysis of the primary sources. The data collection will also involve a semi-structured in-depth interview with the experts in the area. The findings of this study show that JAKIM was formed through a different system of formation of a government agency. Thus, there is a need to determine JAKIM’s source of power and the scope of regulating and governing halal-related affairs that it has.