The Kosher and Halal Food Laws J.M
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The Kosher and Halal Food Laws J.M. Regenstein, M.M. Chaudry, and C.E. Regenstein Knowledge of the kosher and halal dietary laws is important to the Jewish and Muslim populations who observe these laws and to food companies that wish to market to these populations and to interested consumers who do not observe these laws. The kosher dietary laws determine which foods are “fit or proper” for Jews and deal predomi- nantly with 3 issues: allowed animals, the prohibition of blood, and the prohibition of mixing milk and meat. These laws are derived from the Torah and the oral law received by Moses on Mount Sinai (Talmud). Additional laws cover other areas such as grape products, cheese, baking, cooking, tithing, and foods that may not be eaten during the Jewish festival of Passover. Halal laws are derived from the Quran and the Hadith, the traditions of the prophet Muhammad. As with Kosher laws, there are specific allowed animals and a prohibition of the consumption of blood. Additionally, alcohol is prohibited. Introduction the Sunna, the practice of the Prophet Muhammad, as recorded The objective of this paper is to describe the kosher and halal in the books of Hadith, the Traditions. Islamic law is referred to as laws as they apply in the food industry, particularly in the United Shari’ah and has been interpreted by Muslim scholars over the States. To understand their impact in the marketplace, one must years. The basic principles of the Islamic laws remain definite and have some understanding of how kosher and halal foods are pro- unaltered. However, their interpretation and application may duced, and how important kosher and halal compliance is to change according to the time, place, and circumstances. Besides consumers. the 2 basic sources of Islamic law, Quran and the Sunna, 2 other sources of jurisprudence are used in determining the permissibili- Kosher and halal laws ty of food, when a contemporary situationid not explicitly covered We will start by focusing on the religious significance of the di- by the first 2 basic sources. The first is Ijma, meaning a consensus etary laws for Jews and Muslims. The kosher (kashrus) dietary laws of legal opinion. The second is Qiyas, meaning reasoning by anal- determine which foods are “fit or proper” for consumption by ogy. In the latter case, the process of Ijtihad, or exerting oneself Jewish consumers who observe these laws. The laws are Biblical fully to derive and answer to the problem, is used. in origin, coming mainly from the Current issues of genetically modified organisms (GMO), animal original five books of the Holy feed, hormones, and so on, are discussed in the light of these two Scriptures, the Torah, which has re- concepts and several other lesser sources of Islamic jurispru- mained unchanged. At the same Over the years, the dence. Unconventional sources of ingredients, synthetic materi- time that Moses received the Ten meaning of Biblical als, and innovations in animal slaughter and meat processing are Commandments on Mount Sinai, some of the issues Muslim scholars are dealing with in helping Jewish tradition teaches that he kosher laws has consumers make informed choices. also received the oral law, which been interpreted by Why do Jews follow the kosher dietary laws? Many explana- was eventually written down many the rabbis to protect tions have been given. The explanation by Rabbi I. Grunfeld, be- years later in the Talmud. This oral low, summarizes the most widely held ideas about the subject law is as much a part of Biblical the Jewish people (Grunfeld 1972). law as the written text. Over the and to address new It is important to note that, unlike kosher laws, the health as- years, the meaning of Biblical ko- issues and pects of eating are an important consideration with halal laws. sher laws has been interpreted and These laws are viewed by the Jewish community as given to the extended by the rabbis to protect technologies community without a need for explanation. Only in modern times the Jewish people from violating have some people felt a need to try to justify them as health laws. any of the fundamental laws, and For a discussion of why kosher laws are not health laws, please to address new issues and technol- see J.M. Regenstein (1994). ogies. The system of Jewish law is referred to as “halacha.” “And ye shall be men of a holy calling unto Me, and ye shall The halal dietary laws determine which foods are “lawful” or not eat any meat that is torn in the field” (Exodus XXII:30). Holi- permitted for Muslims. These laws are found in the Quran and in ness or self-sanctification is a moral term; it is identical with . © 2003 Institute of Food Technologists Vol. 2, 2003—COMPREHENSIVE REVIEWS IN FOOD SCIENCE AND FOOD SAFETY 111 CRFSFS: Comprehensive Reviews in Food Science and Food Safety moral freedom or moral autonomy. Its aim is the complete self- the goring of horns, and the devoured of wild beasts save that mastery of man. which ye make lawful, and that which hath been immolated to “To the superficial observer, it seems that men who do not obey idols. And that ye swear by the divining arrows. This is abomina- the law are freer than law-abiding men, because they can follow tion.” (Quran V:3) their own inclinations. In reality, though, such men are subject to Although these permissions and prohibitions as a divine in- the most cruel bondage; they are junction are enough for a Muslim to observe the laws, it is be- slaves of their own instincts, im- lieved that the dietary laws are based on health reasons that sug- pulses, and desires. The first step gest impurity or harmfulness of prohibited foods. towards emancipation from the tyr- Unconventional anny of animal inclinations in man sources of The kosher and halal market is, therefore, a voluntary submis- Why are we concerned about kosher and halal in the secular sion to the moral law. The con- ingredients, world? Because both kosher and halal are important components straint of law is the beginning of synthetic materials, of the food business. Most people, even in the food industry, are human freedom . .. Thus, the fun- and innovations in not aware of the breadth of foods that are under religious supervi- damental idea of Jewish ethics, ho- sion. This section provides background on the economic aspects liness, is inseparably connected slaughter and that make it important for the food industry to have a better under- with the idea of law; and the dietary processing are some standing of kosher and halal. laws occupy a central position in of the issues Muslim The kosher market—according to Integrated Marketing, an ad- that system of moral discipline vertising agency specializing in the kosher food industry—com- which is the basis of all Jewish scholars are dealing prises almost 75000 products in the United States. In 2001, about laws. with 165 billion dollars worth of products were estimated to have a “The three strongest natural in- kosher marking on them. The deliberate consumers of kosher stincts in man are the impulses of food; that is, those who specifically look for the kosher mark, are food, sex, and acquisition. Judaism estimated to be more than 10 million Americans and they are pur- does not aim at the destruction of these impulses, but at their con- chasing almost 7 billion dollars worth of kosher products. Annu- trol and indeed their sanctification. It is the law which spiritualizes ally, almost 10000 companies produce kosher products and the these instincts and transfigures them into legitimate joys of life.” average U.S. supermarket has 13000 kosher products. Fewer than Why do Muslims follow the halal dietary laws? The main reason 1/3, and possibly as low as 20%, of kosher consumers are Jewish for the observance of the Islamic faith is to follow the Divine Or- (900000 year-round consumers). Other consumers who at times ders. find kosher products helpful in meeting their dietary needs in- “O ye who believe! Eat of the good things wherewith WE have clude Muslims, Seventh Day Adventists, vegetarians, vegans, peo- provided you, and render thanks to ALLAH if it is He whom ye ple with various types of allergies—particularly to dairy, grains, worship.” (Quran II:172) and legumes—and general consumers who value the quality of God reminds the believers time and again in the Holy Scripture kosher products, even though there is rarely a one-to-one correla- to eat what is “Halalan Tayyiban,” meaning “permitted and good tion between kosher and these consumers’ needs. Hebrew Na- or wholesome.” tional’s slogan, “We report to a higher authority” and “You don’t “O, Mankind! Eat of that which is Lawful and Wholesome in have to be Jewish to love Levy’s Rye Bread,” are two of the more the earth . .” (Quran II:168) famous campaigns used to advertise kosher products to nonko- “Eat of the good things. We have provided for your sustenance, sher consumers. AdWeek magazine in the early 1990s called ko- but commit no excess therein.” (Quran XX:81) sher “the Good Housekeeping Seal for the ‘90s.” By undertaking Again in Sura 6 of the Quran, entitled “Cattle,” Muslims are in- kosher certification, companies can incrementally expand their structed to eat the meat of animals upon which Allah’s name has market by opening up new mar- been invoked. This is generally interpreted as meaning that an in- kets. It should be noted that al- vocation has to be made at the time of slaughtering an animal.