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Next, Urf was also used to solve the problem of ambiguity in Al-Quran in daily life matters. Malaysia aims and intends to lead the global halal industry as Malaysia had the potential to expand it globally as the halal market is huge. Malaysia had worked on to synchronise halal certification procedures, which the halal certificate is well-accepted internationally. Halal means permissible in Islam and it refers not only to food, but also products. Due to the advance development of science and technology nowadays, the Shariah status of products are unclear as stated by Mohammad Aizat (2012). The processing method of food industry had extended to the incorporation of artificial component instead of keep relying on the traditional method. There may be issues when the products are imported from non-Muslim country. For example, in 2014, Cadbury Malaysia had withdrawn the Cadbury Dairy Milk Hazelnut and Cadbury Dairy Milk Roast Almond products as it was found that these two products was contaminated with pig DNA.

Traditionally, the slaughtering method used by Muslim is by cutting the large arteries in the neck along with the oesophagus and trachea with one swipe of non-serrated knife. In the Holy Quran and Sunnah, it is stated that a halal animal must be slaughtered before it is eaten. The slaughtering method must comply with the rules and regulations. Allah Almighty says: “Forbidden to you for food) are: dead meat, blood, the flesh of swine, and that which has been invoked the name of other than Allah, that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death, that which has been (partly) eaten by a wild animal, unless you are able to slaughter it (before the animal due to the above causes).” Besides, the five Shariah conditions was need to be observed and satisfied in order to make meat of the slaughtered animal halal to Muslims in ancient times. The first Shariah condition is intention, niyyah for Allah, second is the slaughterer must be a Muslim or the people of the book, third is the animal must be lawful and alive, hayat mustaqirrah, fourth is sharp tools is allowed except nails and teeth and fifth is the place for the slaughter.

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Due to the increase of demand consumption of meat in society, a more sophisticated method has been used as compared to the traditional method. It means that the new slaughtering method had developed to reduce cost, reduce time constrains and safeguard animal welfare to increase mean production due to the increase demand of consumers for meat. This scenario will occur because the need to increase the production of the meat due to continuous demand from consumers for meat and this has led to the need to increase meat production. The modern techniques which include stunning, thoracic sticking and mechanical slaughtering have replaced the traditional approach of slaughtering. The method of stunning prior to slaughter was introduced by western country like New Zealand had been practiced in Malaysia nowadays and this method had been used in many countries include Islamic country such as Saudi Arabia. The modern method of slaughter without stunning would cause excessive distress upon the animal while bleeding as it may delay the commencement of unconsciousness of the animal, therefore stunning before slaughter is recommended. The main concern is to minimize animal suffering and pay respect for animal’s intrinsic worth as it was stated by Prophet Muhamad (s.a.w.) : ” Allah calls for mercy in everything, so be merciful when you kill and when you slaughter, sharpen your blade to relieve its pain.” (Al-Qaradawi. 1994). Hence, it is clear that the status quo of the Islamic law will be surely affected by these developments of animal slaughtering and the law needs to be responsive and progressive to accommodate the needs of human. As a result, a number of controversies arises with regard to the issue of ‘halal’ of the slaughtered birds or chickens since the slaughtering process is being made not by a man but machine. Some of the Muslim jurists maintained that the practice should not be continued and the slaughtered birds or chickens are not considered as halal because the conduct of cutting the throats is not done by man but a machine and there is no proper intention is made.

Due to the development of technology, modern slaughtering practices have been introduced and it leads to a new Shariah legal issue on the validity of the slaughtered meat as to whether it is halal to consume. Therefore, ‘Urf is used to determine rules relating to halal and haram. With regard to this, it is proposed that the mechanism of ‘urf should be able to solve the problem since it is flexible and applicable to all kinds of people though different times and place. The issue of modern slaughtering was not clearly discussed in the classical literatures so Urf can be used to solve new Islamic legal issues. Therefore, it is in needs for further clarification on the status of Shariah legal rulings, hukm, from various sources of Islamic law including ‘urf. Findings show that in deciding the legal status of modern animal slaughtering practices, ‘urf is considered as the most suitable instrument since it is applicable to all kinds of situations, places and times. Therefore, the new concept of animal slaughtering is considered as a new ‘urf as most of the scientists or jurists had accepted this way of technique. The method of stunning had not been proved to be contradict to the Islamic principles and this shows that Islam is not putting a burden to the people but to ease the hardship laid upon them. Allah SWT had said: “He has chosen you and has not laid upon you a hardship in religion.” Although some countries do not accept such practices, but according to Hani Majidee (2012), most of the Muslims are still consuming meat processed by the new methods due to the general acceptance to the practices of ‘urf or perhaps the discussion of maslahah.

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