Cadbury: The halal witch-hunt

Is there due process in halal?

Is it "slaughter" first, and ask questions later?

A subsidiary question: Is halal more emotionally charged than Islamic finance for Muslims?

The alleged facts

About two weeks ago, the Malaysian Health Ministry stated (was it leaked?) that it had detected porcine (pig) DNA in samples taken from two batches of Cadbury chocolates (Dairy Milk Hazelnut and Dairy Milk Roast Almond). A global roar from selected Muslim groups in Kuala Lumpur was heard.

Now, Jakim says, based on the analysis of the Chemistry Department, the batches had no traces of porcine contamination, and the non-halal samples were not directly taken from Cadbury’s factory! Cadbury, having taken the high road from the beginning, stated it is relieved and wants to move forward, a class act of an organisation!

One of the most immediate takeaways is to get a better understanding of (1) the macro-molecular forensics for detecting DNA porcine (is there a percentage number that is acceptable), and (2) do existing laboratories (in Malaysia) have machines/equipment for testing produce credible outcomes, ie, minimising false positives?

The character of a person/leader shows during turbulence to bring calm in a charged environment to avoid unintended consequences.

The reactions

Some of the more memorable reactions from a number of Muslim groups and individuals include:

- Burn the factories where the allegedly tainted chocolates were manufactured! So what happens to the Malaysians working at these factories? What message does it send to those, say, non-Malaysian companies wanting to establish halal consumer product factories in Malaysia?

- The consumption of non-halal substances in chocolates will result in Muslims having their faith weakened and will cause division! Not sure what studies were cited for those allegations! Or is it a new theory that is a work in progress looking for supporting data?

- The litigation route of suing, not for emotional and monetary damages, but to have blood transfusions to purge the "bad blood"! This deserves an award for creativity or for thinking way outside the box!

- News from Indonesia and Saudi Arabia that they will undertake a measured and transparent approach to better understand the situation with local Cadbury products.

Observations

There are some important lessons that have applications going forward when (not if) such a situation arises, if not in Malaysia then in another place where halal is of paramount importance.

- Initially, two important takeaways: vigilance (by the Health Ministry and Jakim) to ensure continued halal compliance for products in the public domain will induce confidence in consumers, and Cadbury’s reaction of "manning up" to investigate showcases their professionalism! Thus, the action and reaction went according to plan at the time for the alleged breach of "halal"!

- But was the reaction by selected groups/individuals in Malaysia to Cadbury’s two chocolate batches (halal violation) similar to groups/people in UK after they learned Subway had removed bacon/ham and replaced it with halal meat in 200 (of 1,500) stores? At first glance, there was an overreaction in both places! Was it fair to both Subway and Cadbury?

This course of "action" actually identifies an important point concerning the need for the authenticity of the halal food supply chain by eliminating integrity risks! Thus, a DNA spec of haram (porcine), see above-mentioned comment, makes a "halal" product non-consumable by Muslims! In comparison to Islamic finance, today, scholars allow "minor" amounts of impermissibility in a transaction or investment (financial ratios and impermissible income) as long as there is purification. The "minor" amount is tolerated because of the embryonic nature of Islamic finance (decades) compared to conventional finance (centuries), but shariah scholars emphasise that the march towards shariah-based (purity) is the intention.

Is there a tolerance parameter (for impermissibility) for a halal product before it becomes haram? If so, based on what authority and hard evidence?

But since Muslims do not control/own the halal food supply chain, unlike Islamic banking, integrity risks will continue! But is the answer as simple as better (independent) testing by the likes of entities such as TPM Biotech Sdn Bhd? Or does Malaysia or Dubai (which seems to be leading the global halal hub approach now) need to take an active approach on a roll-up strategy in the fragmented space of hundreds of thousands of halal agro-food SMEs?

- The Subway and Cadbury overreactions actually provide a business opportunity: the opportunity for the halal industry to mobilise resources to establish an industry-led PR/lobbying firm to address damage control, create awareness, educate, etc. All industries have such undertakings, but it seems Islamic finance and the halal industry today do not have global (or at least in OIC) PR firms or campaigns – why? It should be viewed as an investment, not a cost, for its future!

Conclusion

A knee-jerk reaction often makes the reacting person look like a jerk.

One of the most important lessons here is: Could the reaction by Muslims to such allegations of breach of halal-compliance be better handled in the future? Better handling sends a signal of non-prejudicial justice in an area that is emotionally charged. We should set, and not follow, the benchmark for others to follow! – June 5, 2014.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.