Pro Restaurant Halal Bill

EXPLANATORY NOTE Islam is not a mere religion. It is a way of life with rules and manners governing every facet of life. Since food is an important part of daily life, food laws carry a special significance. Muslims are expected to eat for survival, to maintain good health and not to live for eating. In Islam, eating is considered to be a matter of worship of God like prayer, fasting, alms-giving and other religious activities. A Muslim eats to maintain a strong and healthy physique in order to be able to contribute his knowledge and effort for the welfare of the society. Muslims are supposed to make an effort to obtain the best quality nutritionally. It is mentioned in a Hadith that the prayer of a person is rejected by Allah if his food is haram. Another Hadith states that hell-fire is more deserving of the flesh which has been nourished with haram. Within the Islamic religion, a strong emphasis is placed on cleanliness – both spiritually and in the context of food and drink. For a food or drink product to be approved for consumption it must conform to the Islamic dietary laws as specified in the Qur’an, the Hadith (sayings) of the Prophet Muhammad, his Sunnah (tradition) and in the Fiqh (understanding) of the Islamic Jurists: Hanafi, Shafi’, Maliki and Hanbali. The Qur’an has numerous injunctions instructing Muslims to choose and consume good and wholesome foodstuffs. Muslims are forbidden from consuming pork, alcohol, blood, meat dedicated to false gods.It is easy to avoid these basic ingredients, but what if it is being served without the knowledge of the Muslim consumer? Modem food production allows manufacturers to start out with one basic product, then cook it, boil it, and process it, serve it until they can call it something else. However, if its original source was a forbidden food, then it is still forbidden to Muslims. This bill is submitted bearing in mind that it is the policy of the State to protect the interest of the people for clean, pure and healthy food. Also, the fact that this bill is accorded recognition in respect to the rich tradition and way of life of the Filipino Muslims by protecting them that is, to ensure that halal food restaurant servers fulfill their moral obligation towards the Muslim customers to carry out their business fairly, sincerely, transparent and Muslim customer friendly.

SITTIE RAINNIE BAUD

AN ACT PENALIZING RESTAURANTS FOR SERVING HARAM FOOD TO MUSLIMS Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled: SECTION 1. Title - This Act shall be known as the “Pro Restaurant Halal Bill of 2016”. SECTION 2. Declaration of Policy. - It is the policy of the state to protect Muslim customer that is, to ensure that halal food servers fulfill their moral obligation towards the Muslim consumers to carry out their business fairly, sincerely, transparent and Muslim customer friendly. SECTION 3. Definition of Terms - As used in this Act: a.) “Halal” – means any object or action which is permissible to use or

b.)

c.) d.) e.) f.) g.)

engage in, according to Islamic law. The term covers and designates food and drink as well as matters of daily life. “Haram” – means an Arabic term meaning "forbidden" that refers to: either something sacred to which access is forbidden to the people who are not in a state of purity or who are not initiated into the sacred knowledge; or to an evil thus "sinful action that is forbidden to be done". “Muslim” - relates to a person who follows or practises the religion of Islam, a monotheistic and Abrahamic religion based on the Quran. “Qur’an” ­ means the central religious text of Islam, which Muslims believe to be a revelation from God (Arabic: ‫ا‬, Allah). “Muslim customer” – is a Muslim that receives or consumes products (goods or services) and has the ability to choose between different products and suppliers. “Restaurant” – means a place where you can buy and eat a meal. “Islamic Slaughter” – means the ritual slaughter of animals in accordance with Islam where the butcher must be a Muslim, the name of God or "In the name of God" (Bismillah) must be called by the butcher upon slaughter of each halal animal separately, and it should consist of a swift, deep incision with a very sharp knife on the throat, cutting the wind pipe, jugular veins and carotid arteries of both sides but leaving the spinal cord intact.

SECTION 4. Prohibited Acts. - It is a crime for any business and individual to make any oral or written statement that directly or indirectly tends to deceive or otherwise lead a reasonable Muslim individual to believe that a non-halal food or food product is halal in restaurants. It also requires restaurants to clearly indicate if they serve any non-halal products. For the purpose of this Act, the following are established general guidelines and regulations for the food and beverage served in restaurants on the preparation, handling, and storage of Halal food or products: a.) Where the food contains beef or pork, or its derivatives, or lard, a statement of its presence in that food should be written on the label and should not be served to Muslim customers. Food that contains alcohol is also included. b.) Any food sold, prepared, served, or offered for sale must not be falsely represented to be  halal. c.) Washed utensils used for non­halal food must be separated from those used for the halal food. d.) Likewise, utensils used for the non­halal food should not be used for the preparation and serving of the halal food.

e.) If the premises only serves non­halal food then the licensee must at all times display on the  menu the words “Non­Halal Food Only”. f.) The slaughtering procedures of animals served must be based on religious and traditional  observance including Islamic Slaughter. g.) The authenticity of Halal food production does not solely depend on the legal mechanisms but also to the various administrative mechanisms enforced by the relevant government agencies. h.) During its preparation, processing, storage or transportation, the food or product must be fully separated from, and does not come in contact with, any other food or product that has been decreed Haram. SECTION 5. Sanctions. - Any establishment found guilty of violating Section 4 shall be fined: a.) An amount not less than Fifty Thousand Pesos only (P 50,000) for the first offense; b.) An amount not less than One Hundred Thousand Pesos only (P 100,000) for the second offense. In addition, a penalty of suspension from the operation of the said business or establishment for a period of 3 months; or c.) An amount not less than Two Hundred Thousand only (P 200,000) for the third and final offense. In addition, the said business or establishment will be subject for closure. SECTION 6. Separability Clause. - Should any provision of this Act be subsequently declared unconstitutional, the other provisions not so declared shall remain in full force and effect. SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this act is hereby repealed, modified or amended accordingly. SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in an official Gazette or a newspaper of general circulation in the Philippines.

Approved.