Malaysia

Islamic dept raid on kopitiam unjustified and could tarnish its reputation, says lawyer

Such a raid would be legitimate only if an eatery has halal certification but does not act in compliance with it

Updated 5 years ago · Published on 09 Jan 2021 4:25PM

Islamic dept raid on kopitiam unjustified and could tarnish its reputation, says lawyer
Negri Sembilan Islamic Religious Affairs Department officers during a spot-check on a popular kopitiam in Kuala Pilah January 8, 2021.– Facebook pic, January, 9, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – The raid by the Negri Sembilan Islamic Religious Affairs Department (JHEAINS) on a kopitiam (coffee shop) could tarnish the department’s public reputation, according to a syariah lawyer.

“The mistake is on the Muslim customers that visit the kopitiam, not the restaurant owner,” Mohd Faisal  Mohd Salleh said.

He said if such raids are conducted, it could tarnish the reputation of the department and the religion.

“The other restaurants which don’t have halal certifications could assume that they are being viewed negatively,” he added.

Mohd Faisal explained that if the kopitiam had halal certification, but was not acting in compliance with it, then a raid could be justified.

On whether Muslims can dine in restaurants without halal certification, he said: “According to Islamic law, it is not wrong, but falls under the suspicious category. It could be halal or haram. If they believe the food is not suspicious, it is up to them.”

Another syariah lawyer, Mohamad Nu'aim Mohamad Nasir, informed The Vibes about an incident in Perak where a stall selling noodles used pork bones for the broth, and was frequented by Muslims.

“The religious authorities could not do much, because the owner did not make any application for halal certification and the authorities had no jurisdiction,” Nu’aim told The Vibes.

He mentioned instances where kopitiams with more than one branch misuse halal certifications.

“Sometimes, these kopitiams may have a headquarters with halal certification. But, each branch must apply for its own certificate,” he said. 

“There are those that claim to have a halal certificate, but they could be using one from other branches. This could warrant a raid,” he explained.

Ragunath Kesavan, former Malaysian Bar president, described the incident as both intrusive and illegal.

“There are many roadside eateries run by Malays which do not have halal certification. It is intrusive, unwarranted and unlawful to enter any shop without authority,” he said when contacted.

He explained that because the restaurant did not claim to be halal-certified, the authorities had no jurisdiction to enter the premises.

Yesterday, JHEAINS conducted a spot-check against a well-known kopitiam in Kuala Pilah.

The department claimed that the action was taken following complaints that the premise was visited by Muslim patrons. They urged Muslims to avoid the restaurant.

Reportedly, the kopitiam has been in operation for about 40 years. – The Vibes, January 9, 2021

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