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Security Factor as a Necessity in the Halal Model Mufti Mohammed Zubair Butt Representative of the Halal Monitoring Committee (HMC), UK. A Scientific Paper in Association with Prof. Amir Zaidan Professor, Islamic Studies and Activist in Halal, Austria The Second Gulf Conference on Halal Industry and its Services 22-24 January, 2013 Farwaniyah, State of Kuwait - Crown Plaza Hotel, Al

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Security Factor as a Necessityin the Halal Model

Mufti Mohammed Zubair ButtRepresentative of the Halal Monitoring

Committee (HMC), UK.A Scientific Paper in Association with Prof. Amir Zaidan

Professor, Islamic Studies and Activist in Halal, Austria

The Second Gulf Conference on Halal Industry and its Services22-24 January, 2013

Farwaniyah, State of Kuwait-Crown Plaza Hotel, Al

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Outline

Page 3© HMC 2012. All Rights Reserved.. Confidential

1. Monitoring methods Prevalent in Europe (especially for products exported to the Gulf)

2. Prominent monitoring bodies in Europe and their intellectual and legal orientations

3. Development of the monitoring process during the last decade

4. Methods and attempts to circumvent the standards in recent years

5. The UK experience of Malpractice

6. HMC in the UK – Development, Standards and monitoring process

7. Solutions and practical steps to achieve a reliable regulatory framework

Monitoring Methods Prevalent in Europe

• Products that require certification from official bodies:

- Norm: halal certification exclusively issued by Islamic institutions (often individual institutions)

- Current evolution: specifications of Gulf authorities (certificate of an authorised Islamic institution, each animal or packet stamped with the institutions seal , date of slaughter and health certificate number, etc)

- Application: Most organisations do not physically monitor but rather provide the seals to the abattoirs and visit once a year

- Recent developments:

- Gulf specifications require certification for non-meat food products, a check of the ingredients and production methods, packaging, storage and distribution, and hardware requirements, tools and auxiliary materials used in processing, and training technical personnel). This development is a step in the right direction.

Page 4© HMC 2012. All Rights Reserved.. Confidential

Prominent Monitoring Bodies in Europe and their Intellectual and Legal Orientations

• Monitoring bodies that certify whilst taking in to consideration jurisprudential differences such as Halal Kontrol (Germany) and HMC (UK)

• Monitoring bodies that follow a single jurisprudential school

• Monitoring bodies that certify according to what is expedient taking any fatwa (such as the istihalah of gelatine)

• Monitoring bodies that certify Zionist companies arguing that food should be kept apart from politics

• There are some Shiite certifying bodies that follow the opinion of a particular marja’ (normally individuals under names of institutions)

• Non-Muslim sects such as the Qadiyaniyyah under the name ” AhmadiyyaMuslim Jamat”

• Non-Muslims, such as Jews in Germany for example

• Some consider halal to be simply a technical issue which can be overseen by non-Muslims after registering a trademark

Page 5© HMC 2012. All Rights Reserved.. Confidential

• There are few institutions specialising in halal (specialists in food production, Islamic sciences and monitoring system)

• Requirements of the Indonesian and Malaysian authorities has increased the number of specialists

• Most of the Islamic organizations and individuals working in the field of certification to countries other than Indonesia and Malaysia are not professionals and people of experience and knowledge in the reality of the production in the West.

Page 6© HMC 2012. All Rights Reserved.. Confidential

Prominent Monitoring Bodies in Europe and their Intellectual and Legal Orientations

Certification Provided by a Jewish Rabi

Page 7© HMC 2012. All Rights Reserved.. Confidential

Rabbi Abraham Hochwald Z"l, was Regional Rabbi of the Northern Rhine, received hissemicha from Yeshivas Hebron (Jerusalem) and was a member of the Conference ofGerman Rabbis and the Conference of European Rabbis. He started with his KosherCertificates in 1980.

Rabbi T. Hod-Hochwald is Head of the Kashrus-Commission of the ORD (OrthodoxeRabbiner Deutschland). He received his semicha from Yeshivas Hebron (Jerusalem)and is a member of the Conference of German Rabbis and the Conference of EuropeanRabbis. He also wrote articles on kashrus in International Food Ingredients and in theJewish press in Europe and Israel.

We offer an extensive knowledge of the structure of the German food industry,including raw materials and chemical substances, and a perfect knowledge of severalEuropean languages, besides Hebrew and Yiddish. |

Certification of a Qadiyani Organisation

Page 8© HMC 2012. All Rights Reserved.. Confidential

Development of the Monitoring Process During the last Decade

• Development of standards in both Malasia and Indonesia has influenced developments in halal authorised institutions in Europe

• Turkey’s entry in to the regulation of halal has given a great boost to regulating the process in Europe (many migrants to Europe are from Turkey)

• Application of specifications from the Gulf will further strengthen this development and reduce fraud in halal certification

• A set of common standards defined by the Organisation of Islamic Cooperation ( previously Organisation of Islamic Conference) will be most effective in finally putting to an end all negative activities provided they are applied accordingly.

Page 9© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• Non-Muslim institutions began working in the field of licensing due to the development of the halal market and the need of producers for certification.

- The issue of certification is a form of testimony which non-Muslims cannot give in matters related to Muslims by consensus.

- The word of a non-Muslim is acceptable in financial transactions but not in issues of religion.

- Sometimes, a formal fatwa is required which a non-Muslim cannot issue.

• Thus, certification requires Shariah specialists and persons of wide expertise with the ability to carry out the required task.

Page 10© HMC 2012. All Rights Reserved.. Confidential

• These companies pursue the following steps in their circumvention:

1. Registration of the term halal as a registered trademark such as the German company “Qibla Food Control Halal” which registered halal as a trademark with its logo in the appropriate department of the European Union (Officefor Harmonization in the Internal Market - Trade Marks and Designs)

2. Similarly the Austrian company known as “Das Islamische Informations-und Dokumentations zentrum Österreich“ which registered the word halalas a trademark in Austria in 2002, to monopolise its use and prevent others from it.

Page 11© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

Page 12© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• Establishment of companies bearing Islamic names as “Qibla Food Control Halal” or "Das Islamische Informations- und Dokumentations zentrum Österreich” etc. by non-Muslim companies producing meat and foodstuffs or by non-Muslim individuals.

• For example, "Das Islamische Informations- und Dokumentations zentrum Österreich” was founded by a few non-Muslim individuals who were then joined by some individuals of Muslim origins known for being far from the religion and having bad relationships with Islamic institutions and bodies that represents Muslims in Austria. One Islamic institution in Austria released a statement in which it explained that the owners of this company are not Muslims and nor do they have any specialists in the Islamic sciences.

• The owner of the brand “Qibla Foods is the RoWi company which produces meat products. It is owned by a non-Muslim, who created this brand in order to certify himself.

Page 13© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

Page 14© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• Set halal standards in a manner that they are associated with the registered trademark. The certification is then achieved with this trademark and according to its standards. Example of what RoWi is doing: The Aladin brand is one of its trademarks:

Page 15© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• RoWi certifies its products as being halal through its halal registered brand under the name Qibla Food Control Halal.

• The "Das Islamische Informations- und Dokumentations zentrum Österreich” has registered its standards (das Österreichische Normierungsinstitut /ON )

under the No. ONR 142000/142001

Page 16© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• These companies then sell the right to use its brand “halal” to other companies using it to certify halal products.

• Example of RoWi selling its trademark Qibla Food Control Halal to SociétéGénérale / SGS De Surveillance Holding which began certifying halal due to its reliance on Qibla Food owned by RoWi.

Page 17© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• Example of SGS issuing a certificate in accordance with Qibla Food Control Halalstandards with the help of a small organisation made up of one person as a registered association and the Islamic-Christian Dialogue Foundation headed by Christians and is an employer of some Turkish individuals:

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Methods Currently Being Adopted in Europe to Circumvent Halal

• Cooperation between some Islamic institutions, especially Shiite institutions, despite being small and usually unknown and these companies to establish a closed circle with a variety of names and countries of operation as is the case between Qibla Food Control Halal and Das Islamische Informations- und Dokumentations zentrum Österreich.

• Unfortunately, the company named Das Islamische Informations- und Dokumentations zentrum Österreich has been able to earn the trust from the UAE and Malasia, and was near to becoming a member of the World Halal Council if we go back to the last meeting in Istanbul.

• It is known that the cooperation between these companies is at the highest level, so that if there is a halal certification request from a country it is issued from the company that owns the license or that has a relationship with that country.

Page 19© HMC 2012. All Rights Reserved.. Confidential

Methods Currently Being Adopted in Europe to Circumvent Halal

• The Chicken Run (Panorama, 22nd May 2003)

- Frozen chicken industry in Holland routinely pumps chicken with water and adds bovine and porcine protein for water retention destined for UK consumers

http://news.bbc.co.uk/1/hi/programmes/panorama/3035139.stm

- The Halal Mix Box

- The Halal Carousel (the re-packaged haram to halal game).

- Issues at some Halal Establishments – HMC has catalogued issues with halalEstablishments who have failed to carry out the critical requirements for halal.

- Issues at 100% non-stunned Halal Establishments – HMC has found trucks arriving from elsewhere with slaughtered animals being re-distributed as 100% non-stunned halal.

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The UK Experience of Malpractice

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•Chicken secretly injected with beef and pork produc ts served in UK restaurants

•Chicken sold in Indian and Chinese restaurants and some cafes is being secretly pumped up with a water and chemical mix containing pork or be ef.

5 June 2009

5 June 2009

The UK Experience of Malpractice

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Marked Halal but has 5% pork

“Halal Marked Chicken”

“Certified and with Seal”

The UK Experience of Malpractice

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The UK Experience of Malpractice

Cross contamination

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What’s Entering

Halal Shops

Qurbani2012

INDUSTRY PROBLEMS

Fake Labels

Certification Body

EEC

• The Halal Van• The Halal Door• The Halal Wall

• Zaman Brothers• Other fake labels

for Halal

• Proliferation of Bodies

• No Guarantee of Halal

• See QurbaniReport

The UK Experience of Malpractice

HMC in the UK – Development, Standards and Monitoring Process

Page 25© HMC 2012. All Rights Reserved.. Confidential

WHO ARE HMC?

STRUCTURE AND GOVERNANCE

• HMC [est. 2003] is a charity registered not-for-profit national organisation covering over 36 cities and towns.

• HMC is independently overseen by an elected NEC and Trustees who are independent, volunteers and comprise mainly of Ulama and other professionals

• Shariah Board – Imams and Muftis independent from HMC• Local Area Groups (LAGs) - volunteers and supporters in

each town• Deploys over 145 Staff, also have equal number of

volunteers (LAG and supporters)• Monitors 550+ shops and restaurants 4 times per week• Inspects 80 processing plants and slaughter houses (on

site)• Aims to Promote Halal and highlight issues and has no

personal gains• Open Transparent Accounts

Page 26© HMC 2011. All Rights Reserved.. Confidential

The Core Accepted Criteria for Halal has remained Co nsistent for Centuries and is adopted by HMC

Muslim Slaughterman

Correct Animal Species

Recitation of Prayers on Each Animal

Hand Slaughtered

Minimal Distress and Pain

Health and Hygiene (Tayaab)

Goal

HMC maintains a continuous presence during production at abattoirs and processing plants.

HMC monitors restaurants and butchers under a binding contract to ensure only HMC approved meat is sold.

CONTINUOUS MONITORING PROCESS

All meat is labelled and sealed (where appropriate)

HMC in the UK – Development, Standards and Monitoring Process

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HMC in the UK – Development, Standards and Monitoring Process

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HMC in the UK – Development, Standards and Monitoring Process

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HMC in the UK – Development, Standards and Monitoring Process

• HMC App Launched and now in Pilot

- Rolled out in pilot to over 400+ shops

- Over 13,686+ monitoring's recorded (from 13/4/12)

- National pattern for shop monitoring emerging identifying our strengths and weaknesses

• Release 2.2 Launched

- Daily and weekly digests

- Two way comms with monitors

- The master record is HMC App feeding website and consumer app

- EEC number search and more!

• Release 3 Planned

- Inspector App and more

Page 30© HMC 2012. All Rights Reserved.. Confidential

HMC in the UK – Development, Standards and Monitoring Process

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HMCAPP

Analytics

HMC in the UK – Development, Standards and Monitoring Process

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HMC in the UK – Development, Standards and Monitoring Process

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HMC in the UK – Development, Standards and Monitoring Process

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• BvXl

• Stock Management System

• Timeoff Manager

• SAGE Coding

• Meltwater News

• Trackvia Implementation

• Customer App

• Qurabani Project 2013

• Exel London Project

• PayPal Pro Implementation

• ID Badges

HMC in the UK – Development, Standards and Monitoring Process

• HMC Website

• MailChimp Implementation

• HMCApp Release 2 & 3

• AppInstitute

• Wuffu Forms

• Data Syncronisation

• Facebook and Twitter

• HMC Standards

• Marketing Calender

• NAT Salespack (Meat)

Solutions and Practical Steps to Achieve a Reliable Regulatory Framework

• To acknowledge that certifying halal is a legal testimony

and may require a formal fatwa.

• To not rely on the opinions based on exceptional cases

(Dar al-Harb, necessity, need) as it is a perpetual issue.

• Expedite the ratification of the standards of the

Organisation of Islamic Cooperation and begin to apply

them.

Page 35© HMC 2012. All Rights Reserved.. Confidential

Solutions and Practical Steps to Achieve a Reliable Regulatory Framework

• Create one centre at the Organization of Islamic Cooperation to authorise certifying bodies on the basis of clear conditions that take into account the technical aspects. Therefore, it is necessary to have both Shariah and technical aspects.

• Not to allow non-Muslim institutions to issue a certificate.

• To establish a data bank for archiving information about companies, institutions or persons who are manipulating Halal certification so that they may be accessed by those that need it.

Page 36© HMC 2012. All Rights Reserved.. Confidential

Solutions and Practical Steps to Achieve a Reliable Regulatory Framework

• Holding courses to develop the skills of Shariah and technical monitors (continuous development)

• Activate the application of Gulf specifications and establish a central body for certifying bodies to reduce manipulation and corruption.

• To pursue comprehensive monitoring systems throughout the production and retail process and make use of modern technology to advance this purpose.

Page 37© HMC 2012. All Rights Reserved.. Confidential

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Q&A