“Halal certification should be a choice for any person opening a business,” said lawyer A Srimurugan. “But when you force business owners to get halal certification, this violates their right to do business which is part of their right to earning a livelihood,” he said.
He said the Kelantan proposal was not proportionate or reasonable. The cost of such certification, which can reach up to RM200,000 per outlet, might be prohibitive for prospective business owners “before they can even start operating their businesses”, he said.
Srimurugan suggested that the Kelantan state government should find a way to make it “zero cost” for small businesses to comply with the regulations.
He said the proposed ruling could violate the constitutional protection on the right to a livelihood and equality under the law, and offend the protection against discrimination.
Srimurugam’s remarks are in contrast to earlier comments by lawyer Haniff Khatri Abdulla who contended that the ruling was not discriminatory as it would not apply to non-Muslim restaurant owners.
“If it were to apply to every business, that would be unlawful, unconstitutional and unIslamic,” said Haniff, who also contended that the regulation was within the power of the state and the local authority, and did not offend the Federal Constitution.
However, constitutional law expert Philip Koh told FMT that local by-laws made under state authority were still subject to constraints of the constitution.
He said that while the desire of a religious community to establish boundaries and markers over food is a long established tradition in history, the “liberty of choice” should be respected.
The federal Islamic development department (Jakim) has clarified that application for halal certification is voluntary in line with a Cabinet decision in September to maintain a policy in place since 1974.
The Kelantan state government has clarified that the proposed ruling applies only to outlets serving Muslims while outlets owned by non-Muslims would need halal certificates only if they wish to sell consumables to Muslim customers.
A state executive councillor has said that the Kota Bharu municipal council will be the first to enforce the ruling.