Siti Zubaidah Ismail

The Modern Interpretation of the Diyat Formula for the Quantum of Damages: The Case of Homicide and Personal Injuries

Abstract Diyat is an old concept evolving from the custom of blood revenge practiced during pre-Islamic Arabia. The Qu’rān authorizes diyat as a kind of retaliation for homicide in lieu of qiṣāṣ in which the victim’s family pardons the offender, while the Ḥadīth elaborate in detail upon the typology, characteristics and quantum for murder and various types of physical injury. In reality, pecuniary compensation is an ancient practice that predates the pre-Islamic era, and, furthermore, this divine principle shows that Islam recognizes the human practice. To ensure that its dynamic is embraced in the contemporary situation, the methods of payment, i.e., value in camels and dinar, need revisiting. This article contributes to the subject thereby adding to the literature concerning diyat by reinterpreting the mechanism of restoring the value of gold dinar as an exchange for modern implementation.

The Determination of Halal Critical Point in Halal Certified Chicken Slaughterhouses and Its Significance

The halal industry and its products has become a global phenomenon. Any shortcomings and weaknesses in its regulation can lead to non-compliance of Malaysian Halal Certification Procedure Manual which ultimately affect the consumers. To meet the regulatory requirements of halal, JAKIM—Jabatan Kemajuan Islam Malaysia (the Department of Islamic Development of Malaysia) has introduced a system known as the Halal Assurance Management System (HAS). Based on its six key elements, this system could help the food industry adhere to the regulation in a more systematic manner. The determination of the Halal Critical Points (HCP) is one of the key elements that need to be implemented in the implementation of HAS. It should be identified, controlled and monitored to prevent and mitigate potential threats to halal along the food supply chain. The question is, how food industries can implement this system to meet the guidelines. Some halal slaughter premises were selected for this study. This conceptual paper used the qualitative approach with three main methods, namely the analysis of documents, interviews and observations. The findings from this study indicated that it is important to define the HCP to ensure that the halal threats are controlled.

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

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.