Vol 20 (S1), 2017
Regular Articles
Inside Cover Vol 20 (S1)
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Front Cover Vol 20 (S1)
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Front and Inside Cover Vol 20 (S1)
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Contributors
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Cover Vol 20 (S1)
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Preface
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Instructions To Authors
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Consumer Protection In Islam Understanding The Concept Of Halal For Muslim And Its Impact On The Tourism Industry Complying to Shari’ah Principles in Tourism and Hospitality Services Shari’ah Compliant Hospitality Services” Or “Muslim Friendly Hospitality Services”: Searching For A Balance The Concept Of Halal And Halal Food Certification Process In Malaysia: Issues And Concerns Food Service Management And Certification Scheme: Ensuring Consumer Protection Protection For Intangible Cultural Heritage As A Viable Tourist Product: Malaysia As A Case Study Role Of Local Authorities In Promoting Muslim Friendly Sport Facilities Shari’ah Compliant Spa Practices In Malaysia An Overview Of Shari’ah Compliant Healthcare Services In Malaysia Healthcare Services: Halal Pharmaceutical In Malaysia, Issues And Challenges
Hamidah Ayob, International Islamic University Malaysia
Page 1-10 | Download PDF | ABSTRACT PREVIEWAbstract
Consumer protection has been addressed in the past, 1400 years ago during the period of the Prophet Muhammad peace be upon him. Corresponding with the Islamic teaching, Islam has preached for the protection of consumers in various aspects of human life including the protection of consumers from malpractices of traders and others. By adopting the Islamic approach, this paper aims to provide an overview to the concept of consumer protection from the Islamic perspective. The approaches include ijtihad based on Maslahah which takes into account the Maqasid al-Shari‟ah and Qawaid Fiqhiyah. The article further explains the concept through these approaches. As such the study extends the understanding of consumer protection in Islam to enhance protection to the consumers.
Keywords: Consumer protection in Islam, Consumer rights, Consumer protection
Majdah Zawawi, Noriah Ramli, Syarafina Zaki Nublan Zaki, International Islamic University Malaysia
Page 11-21 | Download PDF | ABSTRACT PREVIEWAbstract
While tourist operators claim that their products and services are “halal” or “Muslim friendly”, many do not understand the reason behind the need for Muslims to observe to everything that is “halal”. This article seeks to firstly explain the meaning of “halal” from the basic structure of the Muslim belief. From there an explanation will be made as to how a particular product and service is classified as “halal” and how this affects the decisions made by Muslims. Several issues that arise for Muslims when they travel abroad will be raised. The discussion on these issues is divided into those that arise out of travelling to an “Islamic” country as opposed to countries where Muslims are the minority. The article will also address why the tourism industry needs to cater to Muslim tourists and provide basic guidelines on how this is achieved without too much difficulty.
Keywords: Halal tourism, Muslim friendly Hospitality services, Product development, Concept of halal
Afridah, Abas Noriah Ramli, Noor Najihah Mohd Daud, International Islamic University Malaysia
Page 22-27 | Download PDF | ABSTRACT PREVIEWAbstract
Muslim friendly tourism and hospitality is an emerging sector in the Malaysian and global halal industry. This effort aims at fulfilling the needs of local and international Muslim tourists. There have been various efforts made by service providers in the hospitality services industry to fulfil the needs of Muslim tourists and this includes providing halal inflight food, Muslim friendly tourism package, Muslim friendly tourism products and Muslim friendly tourism accommodation. In the latest development, effort is also made to provide Muslim friendly transportation. This article aims to highlight the Shari’ah compliant principles in tourism and hospitality services in Malaysia as manifested in the Malaysian Standard MS 2610: 2015 for Muslim Friendly Hospitality Services Requirements. It is hoped that the article could better explain how the guideline could be applied by service providers who are interested in preparing themselves for a more Shari’ah compliant hospitality service in the tourism sector.
Keywords: Halal Tourism, Hospitality services, Shari’ah compliant tourism, Muslim friendly hospitality services
Majdah Zawawi, Noriah Ramli, International Islamic University Malaysia
Page 28-37 | Download PDF | ABSTRACT PREVIEWAbstract
There has been some confusion between the use of the term, Shari’ah compliant hospitality services” and “Muslim friendly hospitality services” amongst practitioners in the Halal tourism industry. This article discusses the core differences and similarities between the two terminologies. It is crucial to resolve any conflicting understanding on the concept in order to ensure that there are no misunderstandings and conceptions when dealing with consumers and the general public. Aside from that, this article also aims at providing a clear picture of how the Shari’ah requirements for Muslim tourists are embedded in the concept of Muslim friendly hospitality services. This is a matter of import for those interested in providing or intending to provide services that cater specifically to the needs of Muslim tourists. This is a conceptual analysis of the Shari’ah legal position as manifested in the Qur’an and Sunnah of the Holy Prophet s.a.w as well as existing legal and administrative framework primarily the MS 2610:2015 Muslim Friendly Hospitality Services Requirements, Malaysia. Concentration is made on the Shari’ah compliant hotels and accommodations in Malaysia, as an example of how these terminologies inter-relate with each other.
Keywords: Shari’ah compliant hospitality, Muslim friendly hospitality, Shari’ah compliant hotels, Muslim friendly hotels
Roshana Shirin Asa, Ida Madieha Abdul Ghani Azmi, International Islamic University Malaysia
Page 38-50 | Download PDF | ABSTRACT PREVIEWAbstract
The process of halal certification is dependent on the construction of what is deemed to be falling within halal parameters set by the Quran and Sunnah, being the two primary sources of Shari’ah, and supplemented with juristic opinion and issuance of fatwa by national religious authorities. In Malaysia, the authority responsible for halal certification is JAKIM while the authority responsible to provide rulings on halalness is the National Fatwa Committee. This article examines the guiding principles for the concept of halal in the Quran and Sunnah and the
collection of fatwa on food products by the National Fatwa Committee. Together, the three sources constitute the yardstick to the implementation of halal in Malaysia. Using content analysis, the article analyses the meaning and construct of the three primary sources and examine the issues and concerns arising from the implementation of halal certification process in Malaysia. The article also highlights the views of Yusuf al Qaradhawi, being the most prominent scholar on the underlying principles of what constitute of halal and haram. The article concludes that whilst the Quran has outlined the general principles for the determination of halalness, there is a considerable need for guidance from the religious bodies in the form of fatwa on any recurrent issues pertaining to food products and processes.
Keywords: Concept of halal, Halal certification, National fatwa, Juristic views
Noriah Ramli, International Islamic University Malaysia
Page 51-58 | Download PDF | ABSTRACT PREVIEWAbstract
This article focuses on the protection of consumer rights through the proper management of food services and a stringent certification scheme. The article concentrates on the issue of food trade which requires food hygiene and food safety standards before any form of trade is allowed on a global market. The article highlights the international as well as Malaysian laws which regulates this important aspect of food trade. Therefore, in writing the article, emphasis is given on the analysis of existing laws, guidelines and code of practice that deals with the protection of consumers when making choices for their food consumption. Thus, the article is divided into five parts which looks into an explanation of the roles and responsibilities of the Malaysian Farm Certification Scheme for Good Agricultural Practices (SALM), the Malaysian Organic Scheme Certification (SOM, the Livestock Farm Accreditation Scheme (SALT), Malaysia’s Aquaculture Farm Certification Scheme (SPLAM) and MyGAP (Malaysian Good Agricultural Practices). From here, the article concludes that in ensuring the rights of the consumers are well cared for, there is a need to ensure adequate protection begins at the primary level till it reaches the consumers.
Keywords: Food services management, Halal certification scheme, Consumer protection
Sharafani Zaky Nublan Zaky, Ida Madieha Abdul Ghani Azmi, International Islamic University Malaysia
Page 59-70 | Download PDF | ABSTRACT PREVIEWAbstract
The realisation of the importance of intangible cultural heritage (ICH) has led governments around the world to protect these resources in order to promote tourism. Malaysia, in this respect, is not exceptional. Having ratified the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage in 2013, Malaysia is bound to identify and define the various elements of the ICH present in its territory and ensure its protection. It is the purpose of this article to discuss the protection available for ICH that could be developed further to attract tourists. In particular, the article seeks to examine the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage and the existing heritage laws in Malaysia. The existing laws refer to the National Heritage Act 2005 as well as the States’ heritage enactments that provide for the preservation of cultural heritage resources at both federal and state levels. The problems to be addressed include, inter alia, lack of proper understanding on the nature of ICH and the narrow interpretations and scope of ICH. This article concludes with some recommendations for legislative reform to better protect ICH and ensure the rapid development of tourism in Malaysia.
Keywords: Intangible cultural heritage, Preservation, Tourism product, Safeguarding, Cultural tourism
Muhammad Irhammudin Ibrahim, International Islamic University Malaysia
Page 71- 78 | Download PDF | ABSTRACT PREVIEWAbstract
Malaysia aspires to maintain its position as the number one tourist destination for Muslim Friendly Hospitality Services. Sports and recreational activities, although, is not typically a subject discussed as a tourism product such as hotels, tours, tourist packages and services, actually has the potential to draw tourism into Malaysia. Malaysia, being a progressive Muslim dominated country, with active participation in global sports, could woo Muslims from other countries to optimise the sports events and facilities available in Malaysia. The remaining issue is whether our sports and recreational activities are in line with the needs of the Muslims or in other words Muslim Friendly. This article examines the concept of Muslim Friendly Sports and Recreational Activities and analyses whether our sports and recreational activities are in compliance with the requirements of Muslim Friendly Hospitality Services.
Keywords: Sports and recreational activities, Muslim friendly sports facilities, Sports tourism
Siti Farah Aliya Abdul Halim, Farah Ayuni Mohd Hatta, International Islamic University Malaysia
Page 79-90 | Download PDF | ABSTRACT PREVIEWAbstract
There is an increasing demand for spa products and services due to the increase in the need for a state of wellness which includes physical, mental and social well-being (WHO, no date). In Malaysia, this phenomenon has triggered concerns among Muslim consumers of the issue of whether or not going to the spa is permitted in Islam and whether or not the products offered to Muslim consumers are Halal in nature. This article focuses on the issue of spa practices and what are the criteria that needs to be adhered to in order to ensure these products and services are Shari‟ah compliant and suitable for Muslim use. In doing so, this article is divided into four parts. The first part explains Islam‟s general position on the usage of beauty and personal care products. This then leads to the second part which examines the concept of Maqasid Shari‟ah and explains its relation with Halal Spa products. The third part continues to explore how the Shari‟ah compliant spa concept, treatments, and products could be realized in Malaysia. Finally, the article concludes by proposing principles that could be adopted by the Government in order to ensure that companies supplying these products strictly comply with the proper Shari‟ah requirements.
Keywords: Spa, Halal, Wellness in Islam, Shari‟ah compliant spa, Maqasid Shari‟ah
Majdah Zawawi, Khadijah Othman, International Islamic University Malaysia
Page 91-100 | Download PDF | ABSTRACT PREVIEWAbstract
Muslims are obliged to observe the Shari‟ah in all aspects of their lives. Shari’ah-compliant healthcare services is designed to provide Muslim patients with medical treatment that abides by Islamic principles which also includes halal medicine. There are several issues that arise when discussing this type of healthcare services. For example, Muslim patients face significant challenges in receiving treatment in conventional hospitals, which includes privacy issues during treatment, cross-gender interactions between patients and medical practitioners as well as the status of the pharmaceuticals provided as treatment. Hence, many Muslims are concerned with the manner in which they treated when seeking medical attention in hospitals and this has resulted in the demands for Shari‟ah compliant healthcare services. This article gives an overview of the concept of Shari‟ah compliant healthcare services in Malaysia. Among others it provides background information on the development of Shari‟ah compliant healthcare services in the country. From there the article continues to highlight the concept of Shari‟ah compliant healthcare services and its requirements. A brief explanation as to its application is also made accordingly.
Keywords: Shari‟ah compliant healthcare, Shari‟ah compliant hospitals, Halal pharmaceuticals
Noriah Ramli, Naemah Amin, Madjah Zawawi, Norazlina abdul Aziz, International Islamic University Malaysia
Page 101- 111 | Download PDF | ABSTRACT PREVIEWAbstract
Halal industry is often associated with the many issues and is a global multibillion dollar business. More recently however Malaysia has taken the lead in an endeavour to label pharmaceutical products with the halal certification. As a new industry, numerous challenges exist. One of which is the need for an effective legal framework that governs the halal pharmaceutical products. This article examines the existing legal framework for the halal pharmaceutical products through the doctrinal studies and interview with the stakeholders. The findings reveal several challenges in implementing the law with regard to the halal pharmaceutical products.
Keywords: Healthcare Services, Halal, Pharmaceutical
