KUALA LUMPUR, Oct 31 — Islamic agencies do not have jurisdiction to act on companies such as the burger chain Ninja Joe which was recently probed over its now-scrapped “P. Ramly” product name, lawyers have said.
Civil liberties lawyer Fahri Azzat said it was “likely” that the Selangor Islamic Religious Department (Jais) and Negri Sembilan Islamic Religious Affairs Department (Jheains) had overstepped their jurisdiction or the legal limits of their powers when they recently investigated Ninja Joe outlets.
“They have no business over a restaurant that did not apply for halal certification,” he told Malay Mail Online yesterday when contacted, agreeing that the “correct” position is for their powers to be limited to outlets with halal certification or those claiming their products to be halal or permissible for Muslims’ use or consumption.
Referring specifically to Jheains’s assertion that it has powers under trade description laws to investigate Ninja Joe over an allegedly confusing name for the latter’s pork burger, Fahri disagreed.
“I think this is incorrect. Jheains has no jurisdiction over trademark or confusion about trade names or items. More so when the entity did not apply for halal certification for those items,” he said.
In addressing questions on the limits of the powers of Jais and Jheains as bodies created under state laws, civil liberties lawyer Nizam Bashir referred to the position under the Federal Constitution, citing specifically Item 1 of its Ninth Schedule’s List II which deals with matters under state jurisdiction.
“Constitutionally speaking, Jais or JHEAINS powers do not extend beyond persons professing the religion of Islam,” Nizam told Malay Mail Online when contacted yesterday, adding that Ninja Joe is a chain of restaurants owned by a company.
“It is trite that a company cannot profess the religion of Islam. Consequently, Jais or Jheains has no power over Ninja Joe Sdn Bhd,” the civil liberties lawyer added.
But as for the Ministry of Domestic Trade, Cooperatives and Consumerism (KPDNKK), it can investigate Ninja Joe for any offences under the Trade Descriptions Act 2011 if it chooses to do so, Nizam said.
Wakakaka.
F**k Jais and JHeains - but morally Ninja Joe should not use what has been apparently a Malay-type name for its burger.
And f**k those so-easily confused people. Pork is pork, regardless of the burger's name.
" but morally Ninja Joe should not use what has been apparently a Malay-type name for its burger."
ReplyDeletei agree with you kt.
pork ramly or p.ramly burger.. itu mana bole la!
Fatima's pork knuckles bolih tak????
DeleteCK, why don't you market Ravindran's beef soup?
DeleteNo problem lehhh on my marketing based on two points;
Delete1)Ravindran is NOT a trade mark reserved for Hindu only.
2)All Hindu can read & distinguish what's kosher to their religious dietary requirement.
Thus there is no claim of misleading & confusing as in the case of the religious zombies.
Fatima is also a portuguese name. There is one fucking fatima's hospital in Malaysia. It's a catholic affiliated one.
DeleteStrictly speaking the "JA" departments have no jurisdiction over non-Muslims.
ReplyDeleteHowever, this case is being investigated by the Domestic Consumer Affairs Ministry, as a misleading trade description.
The KPDNKK "subcontracted" the investigation to JAIS and JHEAINS, and viola ! JAIS and JHEAINS has been delegated power over non-Muslim businesses.
However, I don't believe this case can stand up in court because the proprietor never made any claim to being Halal and never applied for any Halal license.
Then again, you never know , there are I-am-a-Muslim-first judges in the judicial system.
The inconvenience and distraction of defending a court case and uncertainty hanging over the business will be enough to put the fear into any businessman.
KPDNKK can "subcontracted" to anyone, but the moment it did so to Jais and JHEAIN, the two latter organizations automatically have NO power over any non-Muslim businesses because of their inherent legal restrictions
DeleteIt is true the Ninja Joe would have been morally wrong, and should withdraw the name (which they have).
ReplyDeleteHowever, the bar for criminality, which is the subject of the debate here, should be high in a society which subscribes to the Rukunegara, not Talibanism.
Malaysian society MUST know the difference between what may be objectionable and what is criminal. Otherwise we are fast on the slope to ....Afghanistan under the Taliban