Halal pharmaceutical in Malaysia : the need for a legal and administrative framework

Abstract

The local and global halal industries have gone through tremendous changes and have expanded rapidly from halal food and beverage to cosmetics, pharmaceuticals, supply chain and logistics, lifestyle, hospitality services, banking and finance, trading and etc. The growths in the halal industry have also, directly and indirectly, influenced the consumers` behaviour particularly in Malaysia to ask for products that are in compliance with their religious requirements. The Muslim consumers in Malaysia are now becoming more aware that they need to consume and use something that not in breach of their religious requirements. This has also influenced the Muslim consumers to seek for halal pharmaceuticals when its absence an alternative consumption. Realising the need to fulfil the demand of the Muslim consumers in Malaysia several local companies have ventured into halal pharmaceuticals production. Nevertheless, the industry could not grow fast enough in meeting the demands because certain fundamental issues such as the use of imported empty capsules and imported raw ingredients which were uncertain halal status. Although Malaysia is the pioneer in documenting halal pharmaceuticals standards, i.e MS 2424:2012, nonetheless Malaysia had not established laws and regulations which could serve as monitoring tools in halal pharmaceuticals production. The MS 2424:2012 together with scattered outdated regulations are not adequate to provide support to the growth of halal pharmaceuticals industry in Malaysia. This study is undertaken to examine and analyse both legal and administrative framework on halal pharmaceuticals (if there is any) and to suggest for relevant reforms. For this purpose, the study embarks on a qualitative methodology and used doctrinal study approach within which the soft laws and hard laws around Sales of Drugs, Consumer Protection and Halal related laws were analysed. The data were also collected from the semi-structured interviews, focused group discussion and Workshop on Halal Administration in Malaysia. The findings of the study indicate that the existing legal framework is scattered thus contributing to an uncertainty in the consumer protection. The scattered laws have also led to the inefficient administration that includes the enforcement activities. When the laws are scattered, the jurisdiction to govern the industry becomes uncertain. JAKIM as the anchor of the halal certification is under-powered by the constitutional construction, as it is not awarded with the power to legislate and prosecute on halal related issues. The study also discovered that the Halal pharmaceutical industry is lacking in having a comprehensive Halal pharmaceutical references that later contributed to the non-compliance issue and the execution of duty by the pharmacist and medical practitioner. This thesis concluded by recommending the legal and administrative reforms that anticipate the extension of some current legal statutes as well as the enactment of a single Halal Pharmaceutical Order that could address the issues of the current legal framework. On the other hand, the review of the current authority or the establishment of a new government agency governing the Halal pharmaceutical industry becomes the proposed administrative reformation.