Proposed mandatory halal certification for restaurants leads to criticism and a police probe in Malaysia

A legislator who raised a concern with the proposal was reported to the police for offending religious feelings

Originally published on Global Voices

The Malaysian Religious Affairs Ministry has reportedly been discussing whether to require mandatory halal certification for restaurants that do not serve pork or alcohol, sparking debate across the country. While some have noted this could infringe on non-Muslim rights, a Member of Parliament who expressed concern about the proposed policy was reported to the police and is facing backlash.

Teresa Kok, MP for the constituency of Seputeh, urged the minister to reconsider the proposal because of its potential adverse effect on the food industry. “Many establishments, including numerous small Malay-run restaurants, would face increased financial strain and operational difficulties under the new requirement,” she said in a statement.

Kok added that it could undermine consumer choice and the diversity of Malaysian culture. About 63 percent of Malaysians identify as Muslim, but its Constitution promotes racial and religious harmony. In recent years, some Islamic hardliners have been pushing for strict implementation of Sharia laws and the protection of Malays, which they claim are being sidelined by minority groups.

Kok was summoned by the police after her statement allegedly offended religious leaders. Local politician Datuk Dr Muhammad Akmal Saleh articulated this sentiment:

This is a sensitive issue and we have repeatedly reminded that sensitive issues should not be raised in order to preserve national harmony.

I am not attacking any party. I am merely responding to the comments made by Kok, which not only offended me but also all other Malay Muslims in this country.

Kok insisted that her statement should not be interpreted as an insult to Islam.

As a Member of Parliament, I am responsible for voicing the problems and voices of the people of various races. That is why I asked the government to review this proposal. My statement does not at all mean that I question halal certification, or disrespect Islam.

But it was not just Kok who questioned the proposal of the minister. Veteran writer Datuk Zainul Arifin argued that getting a halal certification “should be a business decision and not a business requirement.” He added:

Halal certification involves the auditing of the whole supply chain, not just what happens in the kitchen. It includes where the products are sourced, how they are sourced, handled, prepared, transported and stored, among other things. Not many can afford it, and it is often the case that big restaurants or chains would have the resources to do so.

Datuk Jawahar Ali Taib Khan, president of the Malaysia Muslim Restaurant Owners Association, urged authorities to hold a consultation first with stakeholders.

Hold engagement sessions first, especially with small Bumiputera [Malay] traders, to understand their challenges from the point of view of financial constraints given the cost of the application process and compliance process to obtain halal certification.

The Malaysian Indian Restaurant Owners’ Association pointed out that restaurants are already complying with various regulations.

There are periodic checks on the cleanliness and quality of the food. Every year, the local council grades the restaurants.

There are also online reviews about restaurants and there have been many cases where premises have been shuttered for two weeks by the health department.

YB Ganabatirau Veraman, MP of Klang constituency, warned against “administrative overreach and inefficiency.”

The logistics of ensuring compliance, particularly in restaurants unfamiliar with halal practices, would strain regulatory resources and lead to inconsistent enforcement. The bureaucratic burden of managing and overseeing this certification process could overwhelm regulatory bodies, resulting in inefficiencies and potential enforcement failures.

But Datuk Seri Reezal Merican Naina Merican, chairman of the Malaysia External Trade Development Corporation, highlighted the benefits of promoting halal certification.

Malaysia’s leadership in this sector is undeniable, always pushing boundaries and raising standards globally.

Halal certification is not merely a label; it represents stringent safety and quality guidelines that protect consumers and elevate product standards.

As the debate ensued over the merits of the mandatory halal certification, Kok got the support of free speech advocates. Wathshlah Naidu, executive director of the Centre for Independent Journalism (CIJ), criticized the filing of a police report against Kok.

The government must create a safe space for diverse perspectives to be voiced and debated without fear of retaliation. Investigating members of parliament for raising valid concerns undermines governance and public participation.

CIJ, ARTICLE 19, and several human rights groups have been calling for the review of blasphemy and media laws that are being misused to harass critics and silence dissent.

Meanwhile, the Cabinet announced that the existing rules on voluntary halal certification will remain and that an in-depth study is first needed about the proposal to make it mandatory.

Written by Mong Palatino