Analysis of Legal Certainty on Halal Certification of “Brewbeer” Products

Abstract

According to DSN-MUI Fatwa No. 44 of 2020, one requirement for halal certification is that a product must not bear a name prohibited by Sharia. The emergence of halal “brewbeer” reflects inconsistencies between regulatory provisions and field practices. This study examines the issue using the concepts of halal and thayyib as outlined in SNI 99004:2021, SK46/Dir/LPPOM MUI/XII/14, and DSN-MUI Fatwa No. 44 of 2020. Employing a qualitative approach with a normative-juridical method, data were collected through literature and documentation studies and analyzed descriptively-analytically. The findings show: (1) Under Government Regulation No. 39 of 2021 and Minister of Religious Affairs Regulation No. 20 of 2021, MSMEs are allowed to self-declare halal products under certain conditions, yet both regulations lack explicit prohibition of names deemed un-Islamic, revealing regulatory disharmony. (2) Substantively, “brewbeer” is halal based on its permissible ingredients. (3) However, from the perspective of Sharia Economic Law, certifying beer products contradicts the maqasid al-sharia principles of protecting religion (hifz al-din), intellect (hifz al-aql), wealth (hifz al-mal), and progeny (hifz al-nasl). It also violates the principles of al-ikhtiyath, sad adzara’i, and involves gharar (uncertainty). Therefore, halal certification for beer products lacks Sharia consistency and legal certainty for Muslim consumers.