From the Malay Mail (extracts):
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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.
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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.
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.
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