SMEs Involvement in The Halal Industry as Part of Fardhu Kifayah’s Responsibility
Haslinda Hasan1*, Geoffrey Harvey Tanakinjal2
1 Faculty of Business, Economics and Accountancy, Universiti Malaysia Sabah, Kota Kinabalu, Malaysia
2 Faculty of Labuan International Finance, Universiti Malaysia Sabah, Labuan, Malaysia
*Corresponding Author: [email protected]
Accepted: 15 December 2020 | Published: 28 December 2020
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Abstract: This concept paper will discuss how the involvement of SMEs in the Halal industry can be considered as fulfilling the Fardhu Kifayah's responsibilities. The concept of Halal and how it relates to Fardhu Kifayah will be discussed based on previous studies and further discussion on how SME involvement in the production and distribution of Halal products contributes to the responsibility of Fardhu Kifayah to the Muslim community. The discussion in this paper is expected to benefit SMEs, all the bodies involved in the development of the Halal industry as well as academics who are interested in studying the concept of Halal and Fardhu Kifayah.
Keywords: Halal, Small Medium Enterprises, Fardhu Kifayah, Halalpreneur
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1. Introduction
The objective of the paper is to provide an overview for the consumers, industry players and respective agencies about the importance of involvement in Halal industry to fulfill the demand of Fardhu Kifayah, and how the SMEs are able to meet the demand. The discussion started with the definition and concept of Halal, and the development of Halal industry locally and globally. Next discussion will be on the SMEs and the contribution of SMEs to the Halal industry locally and globally, and finally the discussion on the concept of Fardhu Kifayah. This is a concept paper, all the discussions are based on the secondary data and information by the Halal development literature review, information from a number of different websites, online journal publications, conference proceedings, and data from institutional reports and publications.
2. Literature Review
2.1 The Concept of Halal
The word ‘Halal’ is an Arabic word which literally means permissible, it is usually used as lawful or allowed or acceptable and it is a term which is applied to all aspects of life and covers not only food and drink, but also all matters of Muslims daily life. The opposite is ‘Haram’, which means unlawful or prohibited or forbidden or not allowed. The most common example of non-Halal (or Haram) food is pork, foods other than pork can also be Haram under certain circumstances. Surianom, Norziah, Syed Ager, Marliana, Farah & Norazla (2015), divided the definition of Halal according to Shari’ah and under the statues.
Surah Al-Baqarah: 168 mentioned about Halal concept from the perspective of income whilst Al-Baqarah:172 about food consumption:
O mankind, eat from whatever is on earth [that is] lawful and good and do not follow the footsteps of Satan. Indeed he is to you a clear enemy. (Al-Baqarah:168)
O believers! Eat of the good things which We have provided for you and be grateful to Allah if it is [indeed] Him that you worship. (Al-Baqarah:172)
The rulings regarding Halal and Haram can also be referred to Sunnah of the Prophet saw.
The Prophet (saw.) said, “Avoid whatever you have doubts about in favour of what is not (doubtful).” (Tirmidhi)
The word ‘Tayyib’ or ‘Tayyaban’, translated as ‘good’, ‘pure’, ‘wholesome’, means pure both in the physical and the moral sense and is strongly linked to Halal food but appears to be over looked or not understood otherwise we should be seeing Halal foodstuff at very high standards;
nutritious, healthy, organic. Not containing ingredients likely to cause adverse health impacts when consumed in moderation.
The Trade Descriptions (Definition of Halal) Order 2011 which was legislated by virtue of section 28 of the Trade Description Act 2011 provides that when a food or goods described as Halal or described in any other expression to show food or other goods that can be consumed or used by the Muslims, the expression means food or other goods that:
a) is not and shall not consist of or contain any part of an animal or thing prohibited by Hukum Sharak for Muslims to eat or not slaughtered according to Hukum Sharak;
b) does not contain anything that is unclean according to Hukum Sharak;
c) not intoxicating according to Hukum Sharak;
d) does not contain any part of a human limb or product thereof which is not permitted by Hukum Sharak;
e) non-toxic or injurious to health;
f) has not been prepared, processed or manufactured using any contaminated equipment in accordance with; and
g) shall not in the course of preparing, processing or storing contact, mixed or near any food that fails to satisfy paragraph (a) and (b).
When the service in relation to food or goods, including transportation, storage and processing of raw materials, catering and retail food or goods is described as Halal, the expression means that the service is carried out in accordance with Hukum Sharak. Hukum Sharak under the law means the Islamic laws according to Mazhab Shafii or the Islamic laws in any one of the other Mazhabs of Hanafi, Maliki or Hambali which are approved by the Yang Di Pertuan Agong to be in force in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Penang, Malacca, Sabah and Sarawak or the Ruler of any State to be in force in the respective States.
This provision gives wider interpretation of Islamic law and is not limited to one specific Mazhab.
However, the Trade Descriptions (Certification and Marking of Halal) Order 2011 does not explicitly provide for the definition of Halal in the subsidiary legislation. The Order only provides for the Department of Islamic Development Malaysia (JAKIM) and the Islamic
Religious Council of the States (MAIN) respectively appointed as the competent authority to certify that any food, goods or services in relation to food or goods is lawful under the Trade Descriptions (Definition of Halal) 2011. It is worth to note that under the Order, all food, goods or of the service cannot be described as lawful unless it is certified as Halal by the competent authorities (JAKIM/MAIN); and marked with a logo that is issued by the competent authorities (JAKIM/MAIN).
Halal is a tremendous growing industry the food and beverage (F&B) sector are among the biggest sector in the industry occupying about 56 percent of the global Muslim spend across lifestyle sectors. In 2016, the total Muslim spend in F&B was $1.24 Trillion, which is projected to reach $1.94 Trillion by 2022 with a growth rate of 6.2 percent. There are significant opportunities for investment and creation of global Halal foods as the sector is growing at nearly double that of global growth (Latif, 2017). As stated in Bernama (2015) the Halal industry is expected to contribute 8.5 percent to the nation’s Gross Domestic Product by 2020, and at present Halal is no longer viewed solely a religious obligation or observance for Muslims, but consider as a new engine to drive the economy and also as part of the marketing tools (Shafie and Othman, 2006). Halal industry is also creating new opportunity because the concept also covers the consumer demand of safety and hygiene (also known as Halalan Tayyiban).
The involvement of the Department of Islamic Development Malaysia (JAKIM) to confirm the status of Halal on consumer food products and goods in the country began in the year 1974 when the Research Center of the Islamic Affairs Division of the Prime Minister's Office started to issue Halal certification letters for products that met the criteria. Starting from 1994, Halal confirmation was given in the form of a certificate with a Halal logo, and beginning from September 30, 1998, Halal inspections were carried out by Ilham Daya Sdn Bhd, a company appointed by the government of Malaysia. On the 1st September 2002, the government decided that all Halal certification activities will be conducted by JAKIM's Food and Islamic Consumer Products Division which comprised only of 28 positions. In the year 2004, the Government of Malaysia has issued Halal standard MS1500:2004 that act as the guideline for the food industry on the preparation and handling of Halal products as well as the basic rules to regulate Halal food business in Malaysia (Nik Muhammad, Md Isa and Che Kifli, 2009). Due to the rapid development of the food industry in this country and in order to meet the needs of the Muslim population, on the 17th November 2005, the Public Service Department of Malaysia approved a total of 165 positions from different schemes, grades and designations to create the newly named Halal Hub Division. April 2, 2008, the Halal Industry Development Corporation took over the management of all halal certification activities. However, the Cabinet meeting on July 8, 2009, has resolved the Malaysian Halal certification management within and outside the country returned to JAKIM. Finally, Section 2(2) of the Trade Description (Certification and Marking of Halal) Order 2011 (Amendment) named JAKIM as the “competent authority”
alongside JAIN/MAIN.
The Guidelines to Prevent False or Misleading Advertisements by Kementerian Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan (KPDNKK), stated that the Malaysian Halal Logo which is printed or used by the advertiser must adhere to the design registered as set by JAKIM or the State Islamic Religious Council (Majlis Agama Islam Negeri) by stating the:
a) Reference Number of the relevant Malaysian Standard for Halal *; and b) Reference number which includes the classification of certification **.
Example of Halal JAKIM:
MS1500:2009 * 200-05/2006 **
In Malaysia the development programs of Halal in is well-regulated by the government with JAKIM and HDC spearheading and leading the Halal regulatory and industry development.
The collaborations among ministries and government agencies are seen as among the key efforts in promoting and uplifting our halal industry to be seen as the leader globally. As mentioned in Bernama (2020), Halal exports is worth RM40.2 billion or 4.1% of the country’s total exports valued at RM986.4 billion in 2019, a total of 1,876 exporting companies of Malaysian Halal products were recorded with 1,430 companies or 76.2 per cent comprised Small and Medium Enterprises (SMEs). Halal Malaysia’s reputable certification has also made it an ideal choice for businesses from other nations to access the international Halal market and as such, the government has been urging local businesses to utilise of the country’s advantage in the global Halal industry.
2.2 Small Medium and Enterprises (SMEs)
The role of Small and Medium Sized Enterprises (SMEs) is becoming prominent and the SMEs can be established in any locality for any kind of business activity either in rural or urban area (Khalique, Isa & Shaari, 2011). As stated by Reider (2008), the primary reasons for the existence of small firms are: (1) to provide goods and services to satisfy customers’ needs and (2) to create desired goods and services, in order to quickly convert the investment of the firm to cash as mentioned by Armstrong and Drnevich (2009) as “cash conversion business”. On 2nd May 1996, the government of Malaysia was established a specialized agency known as Small and Medium Industries Development Corporation (SMIDEC), with the strong aim to develop Malaysian SMEs to be competitive in the global market. SMIDEC will provide financial assistance, advisory services, infrastructure facilities, market access and other support programs to the SMEs. In 2004, the Malaysia National SME Development Council (NSDC) was established and it marked another chapter for the development of Malaysian SMEs. Its role was to formulate strategies for SMEs development across the economic sectors and related Ministries and Agencies as well as to ensure effective implementation of the overall SMEs development programs in Malaysia.
According to Small Medium Enterprises Corporation Malaysia (SMEs Corp. Malaysia), effective from 1 January 2014, the new definition of SMEs in Malaysia, defined as follows:
• Manufacturing - Sales turnover not exceeding RM50 million or full-time employees not exceeding 20
• Services and other sectors - Sales turnover not exceeding RM20 million or full-time employees not exceeding 75
Table 1: SMEs Annual Sales Turnover Size Manufacturing Services and other sectors
Micro <RM300, 000
< 5 employees
<RM300,000
< 5 employees
Exclude:
* Public listed company on the main board
* Multinational corporations (MNC)
* Government-linked companies (GLC)
* Minister of Finance incorporated companies (MOF Inc.)
* State-owned enterprises
* Subsidiaries from all of the above entities
Source: SME Corp.
Small From RM300,000 to RM15 million
From 5 to < 75 employees
From RM300,000 to <RM3 million
From 5 to < 30 employees Medium From RM15 million to ≤
M50 million
From 75 to ≤ 200 employees
From RM3 million to ≤ RM20 million
From 30 to ≤ 75 employees
Source: SME Corporation Malaysia, (2019)
The Department of Statistics Malaysia (DOSM) has conducted the first SMEs census in 2005, the second census in 2014 and the latest one in 2016. The first census in 2005 covered only three main sectors – agriculture, manufacturing and services. Prior to the new SME definition announced in 2014, the second census has been conducted where all sectors were evaluated – agriculture, mining and quarrying, manufacturing, construction and services. Based on the 2016 Census, there are 907,065 SMEs in Malaysia (Table 2) and services contributed to the highest percentage (89.2%) based on the sectors. (Table 3)
Table 2: Number of SME Establishments by State
Source: Economic Census 2016, Profile of Small and Medium Enterprises (reference year 2015), Department of Statistics, Malaysia
State No of SMEs %
Selangor 179,271 19.8
WP Kuala Lumpur 133,703 14.7
Johor 98,190 10.8
Perak 75,140 8.3
Pulau Pinang 66,921 7.4
Sarawak 61,036 6.7
Sabah 55,702 6.2
Kedah 48,894 5.4
Kelantan 46,618 5.1
Pahang 37,573 4.1
Negeri Sembilan 32,721 3.6
Melaka 31,361 3.5
Terengganu 29,324 3.2
Perlis 6,808 0.8
WP Labuan 2,567 0.3
WP Putrajaya 1,236 0.1
Total SMEs 907,065 100.0
Table 3: SMEs by Economic Sector
Source: Economic Census 2016, Profile of Small and Medium Enterprises (reference year 2015), Department of Statistics, Malaysia
Various incentives and efforts been given and provided by the government to upgrade the SMEs in Malaysia especially related to Halal development. However, the incentives only being utillized by companies that have established in the business for a long time. 80 percent of Halal certified companies in Malaysia are SMEs, 75% of the SMEs failed in their 1st application for Halal certification due to lack of awareness and readiness. The most common problem encountered is they do not fully understand the demands of certification, because of the rejection then resulted in the discontinuation of their desire to reapply for the Halal certification. Some of them claimed that the process or procedure is too complicated and requires high expenditures. Abdul, Ismail, Hashim and Johari (2009) reported that majority of SMEs owner agreed that Malaysia has the potential to lead the Halal certification and has the potential to be a Halal hub. However, the monitoring mechanisms on Halal certification need to be improved. The rising recognition of Halal products for its safety and quality assurance, help the manufacturers to indicate the target consumers that their products meet the Islamic standards, or complies with the Islamic principles and other Shariah roles especially during the production process (Shafie and Othman, 2006 and Abdul et al, 2009). Malaysia that comprised with multi ethnic nation and different religious background, it is a win-win situation for the food manufacturers and producers to implement the Halal principles to their goods.
At present the non-Muslim industry players seem ready and aware of the tremendous development of Halal market compared to the Muslims, and they are competing in the Halal market domestically and globally. Halal certification is a contributing factor in consumer decision and failure to be Halal certified would be a competitive disadvantage for the SMEs at the current and future market.
(Nooh, Nawai, Mohd Dali and Mohammad, 2016). Similar with other states, very few Muslim Bumiputera SMEs in Sabah are applying for the Halal certificate. Director of Sabah Islamic Religious Affairs Department (JHEAINS), Abdul Halim Nayan said, in 2016 at the first quarter of the year the department received only 93 applications for Halal certificates, including 21 from Bumiputera SMEs. Of the 21, only five were Muslim owners and only two were approved.
According to JHEAINS, they encourage more Muslim Bumiputera SMEs to apply for the Halal certificates to make them more competitive and as a way of developing their business. Among the programs that they will conduct to help the Sabah SMEs in dealing with application for Halal certificate are they will cooperate with various agencies like SIRIM, FAMA, MARA and LKIM to discuss ways in helping the SMEs and act as the peer counsellor.
Obtaining Halal Certification will give SMEs very lucrative revenue, due to the size of the Halal industry and the industry is growing bigger by time. This is why the government initiate few plans in helping the SMEs especially the Bumiputera to focus on capacity building, financial assistance, market development, facilitation of export, brand development, skill and entrepreneurial training as well as providing necessary infrastructure, institutional and regulatory support for the SME to be proactive and more aggressive in developing and expanding their business especially in the Halal industry.
Sector No of SMEs %
Services 809,126 89.2
Manufacturing 47,698 5.3
Construction 39,158 4.3
Agriculture 10,218 1.1
Mining and Quarrying 856 0.1
Based on the previous discussion Halal industry is exist as part of the Islamic concept that somehow becomes a commodity because of the huge demands for Halal products. The consumers especially Muslim consumers demand for Halal products and services for their survival. The demand for Halal products leads to the huge supply from the industry players and rapidly expanding market locally and globally. That is why the SMEs especially owned by the Muslim should be involved with the Halal. As mentioned by Abdullah and Azam (2020) they believed that the Halalpreneurs are the ‘khalifah’ and have the responsibilities to develop prosperity and see business as part of ‘ibadah’ or good deed through the fulfilment of Fardhu Kifayah (communal obligation), by serving the ummah and humanity and provide extra attention to all details of the supply chain from manufacturing to the end products with the Ihsan.
2.3 Fardhu Kifayah
Among the examples of Fardhu Kifayah is the obligation to learn. Allah SWT states:
يِف اوُهَّقَفَتَيِل ٌةَفِئاَط ْمُهْنِم ٍةَق ْرِف ِ لُك ْنِم َرَفَن َلَ ْوَلَف ًةَّفاَك او ُرِفْنَيِل َنوُنِم ْؤُمْلا َناَك اَم َو ِنيِ دلا
ْمُهَّلَعَل ْمِهْيَلِإ اوُعَج َر اَذِإ ْمُهَم ْوَق او ُرِذْنُيِل َو َنو ُرَذْحَي
“And it is not for the believers to go forth [to battle] all at once. For there should separate from every division of them a group [remaining] to obtain understanding in the religion and warn their people when they return to them that they might be cautious.”
Surah al-Tawbah (122) Some scholars such as Abu Ishaq al-Isfarayini and Imam al-Haramain al-Juwainiy believed that Fardhu Kifayah has a greater impact compared to Fardhu Ain. The reason is the implementation of Fardhu Ain is a responsibility on a person, while the implementation of Fardhu Kifayah is a responsibility on the person and ummah as a whole.
The concept of Halal is an absolute key to consumption, especially for Muslim consumers all over the world. Halal logo or Halal certification became a way or as an indicator to inform and to reassure the products are Halal and Shariah-compliant (Shafie and Othman, 2006). As mentioned by Yusuf, Abdul Shukor and Ahmad Bustamam (2016), Halal certification is not only important as an assurance that the company incorporated a standardized system of Islamic practice, including safety and hygiene, it is also an innovation tool and can also be considered as deciding factors to ensure business growth of the Malaysian food industry. Islam stressed on Halal food based on several important reasons, such as to preserve the purity of religion, to safeguard the Muslim mentality, to preserve life, to safeguard property, to safeguard future generations and to maintain self-respect and integrity. As stated by Mutsikiwa and Basera (2012), Halal as standards for safety and best quality. Safety in terms of to produce Halal foods must only use the permissible ingredients and best quality is the avoidance of cross contamination.
According on Shafie and Othman (2006), Nik Muhammad, Md Isa, and Che Kifli (2009) and Yusuf et al (2016), Halal is a not only a concept but it actually created a supporting system. For example, a Muslim consumer demand for Halal products consider as Fardhu Ain (individual obligatory). As for the manufacturer, they have to supply or deliver the products by following specific guidelines that prepared by the respective authority, it is the Fardhu Kifayah (communal obligatory). This argument is in line with Alom and Haque (2011), Islamic marketing as a process and strategy (hikmah) of fulfilling needs through Halal and Tayyiban products and services with the mutual consent and welfare (falah) of buyers and sellers to achieve material and spiritual wellbeing in this world and hereafter. Fleck (1997) and Bonne and Verbeke (2006) supported that and they believed that Halal is a form of social obligation, besides that Halal also boosts customer’s trust and confidence in products. However, the business owners and those involved in the food industry in
Malaysia not really keen to apply for a Halal certificate due to some constraints such as lack of knowledge, the long process to acquire Halal certification and the strict procedure or process of obtaining the Halal certification (Norngainy, Shamshubaridah, Jauhari & Firdaus, 2015).
The Ministry of International Trade and Industry (MITI) stated that among the problems that faced by the local manufacturer in Malaysia is they are lacking of competitive edge compared to advanced nations in terms of processing technology, product quality, Research and Development (R&D), distribution network and also brand building (MITI, 2004). Fischer (2008) stated that the more Halal proliferates on a global scale, the more ‘scientific’ modes and methods of production, inspection and traceability become essential for producers, traders and consumers. Producers and distributors need to develop new processes and to refine existing ones, in order to live up to
‘scientific’ standards, focus on such methods to verify commodities as Halal based on science, cover new types of commodities and practice, including cosmetics, pharmaceuticals and hygiene products, Halal is not only for foods. For food entrepreneurs and producers, they are equally responsible as to the consumer’s in implementing the practice of Halalan Tayyiban, especially in product manufacturing context to ensure that the aspects of Halal are fully complied within the requirements of Islam. In fact, as suggested by Mustaffa (2019), the manufacturer or the producer need to make the Halalan Tayyiban concept as a benchmark in meeting with the quality and all the features of goodness in the process used. Providing food that is a Halalan Tayyiban is a compulsory in Islam because it involves the risk of life and the safety of consumers. As food manufacturers or handlers, they need to emphasize Halalan Tayyiban food handling practices to prevent food contamination. Poor attitude and practice in food handling can threaten consumer survival.
3. Discussion and Conclusion
The Halal scenarios in Malaysia as reported by Norngainy et al (2015), there are low level of awareness towards Halal Certification among SMEs in Malaysia, but the perceptions on Halal Food are very positive. Another study on SMEs by Marzuki, Hall, and Ballantine (2011) mentioned that most of the restaurant managers have high expectations toward Halal certification as it signifies attributes such as trust, safety, and hygiene, thus Halal certification is therefore perceived by restaurant managers as an important aspect in the food service industry.
A study to the 136 SMEs owners by Abdul et al (2009) mentioned about the significant relationship between religion and Halal certification, however, in contrary there was no significant association between Halal certification and venturing internationally. The mentioned study also agree that Malaysia has the potential to lead the Halal certification and has the potential to be a Halal hub. Recently, the government decided to further simplify the Halal certificate application process for the food industry by taking into account of the COVID-19 crisis, however the process still needs to meet the requirements and standards (Husaini, 2020).
Malaysian Government also needs to improve on the monitoring mechanism on Halal certification to improve its compliance. It is time for Muslims to be fully involved in the preparation of Halal products in this country because only Muslims know the true concept of Halal. It is Fardhu Kifayah for the Muslims industry players to get involved to provide basic necessities such as food, cosmetic equipment, medicine and so on.
As mentioned by Abdullah and Azam (2020), Halalpreneur is not necessary a Muslim, as nonMuslims could be Halalpreneurs if they possess the required knowledge in the procurement process, production, packaging, storage, logistics, and others. Non-Muslim Halalpreneurs is allowed under the condition of public interest. However, this paper would like to stress that it is better if the Halalpreneur is a Muslim. Supported by P. Rameli, Ab. Aziz and Ab. Wahab (2013)
a Muslim has the responsibility to perform ibadah and be a khalifah, while searching for Allah‟s blessings. The Muslim entrepreneurs perform entrepreneurial activities not solely for profit, but above all, to fulfil the Fardu Kifayah. They added that concept of Taqwa will give the ability and capability to the Muslim entrepreneur in developing good entrepreneur characteristics based on the Islamic need that derived from Al Quran and Sunnah. The Muslim consumers and business operators agreed that Halal certificate is very important because of their religious obligations and at the same time help to increase business performance. (Yusuf, Oyelakin, Abdul Shukor and Ahmad Bustamam, 2020). Malaysia is the only country in the world that has governmental regulations to penalize the violation of false Halal description on products and services. Through the law, Halal certification and monitoring in this country has been mandated to the government agencies (such as JAKIM/ JAIN). It therefore benefits the Muslim consumers as the Halal certification provides assurance to them because it fulfilling the Syariah law, which is an obligation for Muslims to adhere to.
In conclusion, entrepreneurs and consumers play an important role in the Halal market, both parties should seriously take care of the production, processing, distribution, retail and services in the Halal product. It is not enough to only accept the final products. As mentioned by Mustaffa, Mazuki, Tuan Azmi, Wan Mansor, Wan Yusof and Wan Chik (2019), the issue of Halal should be referred to the consumerism fiqh, all the components of consumers, entrepreneurs and goods are based on Islamic laws and is closely related to the concepts of Halal and Haram. In Islam, food is an important part of daily life, Muslims are expected to eat for survival, to maintain good health and not to live for eating. Muslim also suggested to consume only Halal foods because eating is considered to be a matter of worship of Allah swt. like prayer, fasting and other religious activities. As stressed by Prof. Yusof al-Qardhawi (2003) neglecting the responsibilities of Fardhu Kifayah especially those related to the interests of the ummah means that all Muslims will bear the sin when no one has mastered the field to develop it with sincerity.
He added that in his book Halal dan Haram (2007) the question of halal and haram is a big part of the mandate, where the heavens, the earth and the mountains refuse to bear it, and then Allah swt offers it to man and he is willing to bear it. This is another strong point why SMEs must actively involve in the Halal industry to fulfill the Fardhu Kifayah responsibility.
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