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Toward applied Islamic business ethics: Responsible halal business

Article  in  Journal of Management Development · October 2012

DOI: 10.1108/02621711211281889

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Toward applied Islamic business ethics: responsible halal business

Muatasim Ismaeel, Katharina Blaim

To cite this Article: Muatasim Ismaeel, Katharina Blaim, (2012),"Toward applied Islamic business ethics: responsible halal business",

Journal of Management Development, Vol. 31 Iss: 10 pp. 1090 - 1100

Permanent link to this document:

http://dx.doi.org/10.1108/02621711211281889

Corresponding Author: Muatasim Ismaeel

Email: [email protected]

Toward applied Islamic

business ethics: responsible

halal business Muatasim Ismaeel

UniKL Business School, University of Kuala Lumpur (UniKL), Kuala Lumpur, Malaysia, and

Katharina Blaim Faculty of Business and Economics,

University of Eichstaett/Ingolstadt, Ingolstadt, Germany

Abstract

Purpose – The purpose of this paper is to explore the opportunities of using halal regulation and certification as a mechanism for applying Islamic business ethics in contemporary world. Design/methodology/approach – The current practices of halal regulation and certification and literature on Islamic ethics were reviewed, to identify a practical approach for Islamic business ethics. Findings – Islam allows and accepts different levels of ethical commitment. A multi-level Islamic ethics framework and a multi-level halal certification approach are proposed to facilitate the implementation of Islamic business ethics in a relative context. Two major developments can enrich halal business practices: harmonization of global standards and governance structure, and integrating responsibility and ethical issues in halal standards.

Practical implications – The proposed framework and developments can enrich halal regulation and certification practice. Originality/value – The paper emphasizes the importance of flexibility and adaptability in Islamic business ethics implementation, and proposes a new framework and approach to apply Islamic business ethics.

Keywords Islam, Business ethics, Social responsibility, Corporate governance, Islamic ethics, Halal, Corporate responsibility

Paper type Research paper

Introduction Despite (or maybe because of) the advancements in science and technology, humanity is facing serious challenges that cannot be resolved without effective ethical systems. During centuries of human intellectual activities, ethics and morality was a preferred area of debate for philosophers. Most of the philosophic debate was normative in nature, which means it was tried to identify, what humans should do, or in other words: what is right and what is wrong? What are the best rules to guide ethical judgment? In order to develop and take roots, normative ethics – especially business ethics – need to be applied practically. Only by application they can be tested, criticized and emerged continuously. Business ethics researchers need to pay more attention to applied ethics in addition to their interest in normative ethics. “The business ethicists also have to develop ways of applying their ideas in concrete practices. The current situation of injustice – intra- as well as intergenerational – is simply so serious that we ought not to understand business ethics merely as intellectual endeavor of moral reasoning” (Beschorner, 2006).

Social institutions bear great importance in the application of business ethics. International organizations, NGOs, business associations and regulating bodies are

examples of social institutions which play an essential role in applying business ethics through mechanisms like regulation, certification, disclosure, media coverage, advocacy, codes of ethics and other mechanisms. Social institutions

provide enforcement, socialization and incentives (Possumah et al., 2012) that influence individuals and organizations to adhere to ethical standards in their business activities. To contribute to the advancements of business ethics theory and practice, academic research need to focus on the effectiveness of current social institutions and mechanisms in applying business ethics and on how they can be improved.

This paper aims to contribute to research in business ethics application, by analyzing one of the contemporary mechanisms of applying business ethics. The paper will focus on Islamic business ethics and discuss its application using the example of Halal regulation and certification.

Islamic business ethics While the mechanisms and tools of Islamic business ethics application change over time, the underlying concepts of Islamic ethical system are constant since they were

derived from a transcendental source (i.e. revelation from Allah (the God)). When trying to develop its application, Islamic business ethics need to remain congruent with its fundamental concepts.

Philosophy and epistemology According to the Quran, humans are the vicegerents of Allah (The God) on Earth:

Behold, thy Lord said to the angels: “I will create a vicegerent on earth” (The Holy Quran, 2:30, Yosuf Ali translation, available at: www.quran.com, accessed March 9, 2012).

The concept of Khilafa (vicegerency) is the basis for human existence and consequently for their ethical commitment according to Islamic teachings. Whenever a Muslim behaves as a vicegerent, he/she is performing an act of worship. The concept of worship is broad and applicable to all aspects of life (Beekun and Badawi, 2005).

Consequently, humans are responsible for all their actions and will be judged in the hereafter based on their degree of commitment to their mission on Earth; the mission

is understood as worshiping Allah through establishing and maintaining a just and prosperous life on Earth (E’amar Al-Ardh). This responsibility is related to every single action in all aspects of life. Islamic teachings cover different aspects of life either in clear and detailed instructions or general guidelines, and in both cases Muslims are asked to commit to these teachings.

Islamic teachings are usually referred to as Shari’a. It is common in the literature to describe Shari’a as Islamic Law, “but the boundaries of Shari’a extend beyond the limited horizons of law” (Sardar, 2003 cited in Dusuki, 2008). Shari’a is “a set of norms, values and laws that make up the Islamic way of life” (Ahmad, 2003 cited in Dusuki, 2008). The norms and values components of Shari’a can be used to enhance business ethics in Muslims business practices.

While aiming to fulfill their obligations as vicegerents of Allah on Earth, Muslims face obstacles and challenges in different historical and geographical contexts. To answer these challenges and questions of different times and places, Shari’a is dynamic and uses a methodology to derive rules which is based on interpretation, reasoning and judgment. This methodology is the called Usol Al-Fiqh (Abdallah, 2010). Moad (2007) referred to Usol al-Fiqh as the moral epistemology in Islam. Scholars of

Usol Al-Fiqh developed maxims to be used in deriving Shari’a rules. The main aim of these maxims is to enhance benefits and eliminate harms for individuals and the public as well (Kamali, 1991 cited in Abdallah, 2010). Examples of these maxims are (Kamali, 1991 cited in Abdallah, 2010):

● harm must be eliminated;

● harm is not to be inflicted nor reciprocated in Islam;

● harm is eliminated to the extent that is possible;

● harm is not eliminated by another harm;

● preventing harm is given preference over gaining benefit; and

● public interest takes precedence over personal interest.

Usol Al-Fiqh methodology and its maxims can be used to answer contemporary ethical issues. However, effective application of this methodology needs a solid understanding and awareness of different elements and forces affecting the relevant issue. Abdallah (2010) presented a practical example of applying these maxims to a very contemporary ethical issue: information security and privacy.

Application of Islamic business ethics The main challenge facing any ethical system is the application. In the past, Muslims were successful in applying their ethical system through effective mechanisms. For

example, markets were regulated through the institution of Hisba that functioned as a trading standards authority (Wilson, 2006). The business environment has since changed, and traditional mechanisms of applying Islamic business ethics find it difficult to meet the new contemporary challenges.

There is a considerable number of published papers on Islamic business ethics

(examples are: Beekun and Badawi, 2005; Rice, 1999; Kula, 2001; Possumah et al., 2012; Dusuki, 2008; Wilson, 2006). Most of these papers are normative; they explain the Islamic value system and ethical guidelines that can form a strong and effective ethical system, but when we look at the reality in Muslim countries, we will find clear discrepancies between the normative Islamic business ethics and practices of Muslims (Beekun and Badawi, 2005; Rice, 1999; Kula, 2001). For instance, one of the concepts which has potential to be applied in business ethics is the concept of “moral filter” that works with the price mechanism to regulate markets. “Moral filter” is a mechanism that minimizes unnecessary claims on resources (Chapra, 1992 cited in Rice, 1999). The concept is very promising and can add to the domain of business ethics, but: where is the application? How will this “moral filter” work in reality? In a paper on Islam

and environmental conservation, Kula (2001) presented a number of Quranic verses and Hadiths (teachings of the Prophet Mohammed) that are very clear in encouraging Muslims to protect the environment. There are examples of Hadiths that prohibit excessive use of water (or any other resources). Conspicuous or wasteful consumption is clearly prohibited in Islam (Kula, 2001; Chapra, 1992 cited in Rice, 1999), but these norms cannot be effective in reality without practical definitions, mechanisms and tools designed to apply them in a contemporary context.

We argue that this discrepancy between normative ethics and practices in Muslim societies can be attributed to the lack of well-developed and effective institutions which would be able to translate the normative concepts into practice. The application of Islamic business ethics needs flexibility and consideration of

different contextual and situational factors. This is a significant challenge in establishing an effective and practical Islamic business ethics system.

Multi-level Islamic ethics framework Although religious ethics and especially Islamic ethics are sometimes considered as idealistic, it was found that there is no significant difference in idealism or relativism

between Muslims and other religious groups (Cornwell et al., 2005). The fact that Muslims were able to build up a strong civilization and control international trade for centuries supports the idea that Islam does not enforce an idealistic view on life and ethics; rather Muslims were successfully practical because of the room of flexibility and adaptability in Islamic ethics.

Flexibility and adaptability of Islamic ethics are part of the dynamism of Shari’a. Also, they can be supported by one of the fundamental concepts in Islamic theology; levels of religion (Deen). According to the famous Hadith known as Hadith Jibril, there are three levels of religion (Deen); Islam, Iman and Ihsan. The first level Islam is concerned with obeying the instructions and teachings of Allah (the God). The second level Iman is concerned with strengthening believes and values in one’s heart. While the third and ultimate level Ihsan is concerned with living a spiritual experience by god watching in every single action. Muslims have different levels of ethical awareness and commitment according to the richness and depth of their religious experience (level of religion).

Frederick Carney (1983) has proposed that any religious ethic consists of an obligation, a virtue and a value component (Carney, 1983 cited in Moad, 2007). Moad

(2007) proposed that the three levels of religion in Islam “Islam, Iman and Ihsan represent what Carney calls the obligation, value and virtue components, respectively, of the Islamic ethic” (Moad, 2007). Based on that, we can conclude that Muslims can have different levels of ethical awareness and commitment according to their level of religious experience. This approach of different ethical levels is also supported

by Shari’a objectives as defined by Usol Al-fiqh scholars. Shari’a objectives were grouped into three categories: essentials (Daroriyyat), complimentary (Hajiyyat) and embellishment (Tahsiniyyat) (Hallaq, 2004; Kamali, 1991 cited in Abdallah, 2010). We can easily find the link between these three levels of Shari’a objectives and the levels of religion and ethics components. Another support for the multi-level approach can be found in the normative theories of ethics; “normative theories of ethics are traditionally classified into three main categories: deontological ethics, consequentialist ethics and virtue ethics” ( Jonsson, 2011). In deontological ethics, ethical judgment is constant for any action, in other words, any action is either right or wrong because of its intrinsic nature. While in consequentialist ethics, the rightness of any action depends on its consequences rather than its intrinsic nature, so a certain action can be right in a given context and wrong in another context based on its consequences. Virtue ethics theory is more holistic; it does not judge every action as right or wrong, rather it looks at ethics as a living experience for those who have an ethical personality. Islamic ethics system “can be conceived as being a synthesis between deontological, consequentialist and virtue ethics theories” (Abdallah, 2010). Islamic ethics consist of some clear rules

on rights and wrongs (deontology, obligation, Islam level), general guidelines that help Muslims to decide what is right and wrong by themselves (consequentialism, values,

Iman level) and motivation and inspiration of Muslims toward moral living based on spiritual experience (virtue theory, virtue component, Ihsan level). We should state that this paper is not aiming to provide a comprehensive and solid explanation of

the religious concepts of Islam, Iman and Ihsan, which are essential concepts in Islamic theology and they should not be limited to their ethical implications only. The proposed multi-level Islamic ethics framework is illustrated in Table I.

Based on the proposed framework, the application of Islamic ethics should consider the fact of different levels of ethical awareness and commitment among Muslims, and find a way to meet the different needs of Muslims.

Halal regulation and certification Whether a product is Halal or not is a critical factor in Muslims consumption decisions. Therefore, Halal regulation and certification was developed to help consumers identifying products, which comply with the Islamic principles. Already in the 1970s, first efforts were made to set up a system declaring and certifying food products as Halal. In this time, western fast food chains started entering the uprising Muslim countries and naturally, those restaurants were not always applying Islamic standards in their food production. Besides, more and more international food brands appeared in the markets of Muslim countries and likewise pushed the matter of Halal certification (Chaudry and Riaz, 2004). While in former times, the mechanisms were more built on confidence and common values among Halal food producers and customers, this system does not work in today’s business environment. The Muslim customers demanded more transparency for product ingredients and did not trust in simple Halal marks – even less when the product was imported from non-Muslim countries. There aroused a demand for trustworthy Halal certificates – the governments in Malaysia, Indonesia and other Muslim countries complied by establishing governmental bodies to supervise and regulate the food markets. Bills were passed (e.g. already in 1975 in Malaysia) to prohibit the erroneous use of the word “Halal” (Chaudry and Riaz, 2004). Institutes like the Malaysian Jabatan Kemajuan Islam Malaysia (JAKIM), which is one of today’s leading institutes in Halal matters – have its seeds in this time. Also in Singapore and Indonesia official bodies were established to supervise and develop the national Halal market. The Singaporean counterpart to JAKIM is the Majlis Ulama Islam Singapura’ (MUIS), the Indonesian institute is called “Majelis Ulama Indonesia” (MUI) (Chaudry and Riaz, 2004).

Today, Halal or Shari’a compliant products are already common in food and financial industries, but the concept is constantly expanding to new industries (i.e. cosmetics, pharmaceuticals, tourism, entertainment, etc.). The most topical example is a Halal social network called “Salamworld”, which will be accessible from

July 2012. It was established in order to provide a Shari’a compliant communication platform for Muslims – just like Facebook – but without critical content like pornographic advertisements, etc. (available at: www.salamworld.com, accessed May 20, 2012).

The Halal market is one of today’s fastest growing markets – even in non-Muslim countries like France, Halal already overtook organic and bio-products in market volume (Ahmed, 2011). The global Halal market volume is estimated to be US$580

Religion level Ethics component Shari’a objectives Ethics theory

Table I. Multi-level Islamic ethics framework

Ihsan Virtue Embellishment Virtue ethics Iman Values Complimentary Consequentialism Islam Obligation Essentials Deontology

billion a year and the Halal food industry is expected to grow at a rate of 7 percent annually (Saad and Patrick, 2008 cited in Alam and Sayuti, 2011).

Development of Halal regulation and certification New systems are required, which permit Muslims to live in accord with their traditional values also today – when living in between a modern society with new life styles and all its impacts from a changing global economy. Applying Islamic business ethics – especially in times of globalization – also means to encounter other ethical systems and mechanisms. Having this in mind, one of the challenges in applying Islamic business ethics is also to accommodate them to other ethical systems and practices which are present in the world.

To make the proposed steps for a better and faster development of the Halal market possible, collaboration between key stakeholders is required. Till now, the Halal market barely discovered the potential of integrating the concept of CSR and corporate citizenship. At the moment, companies and certifying bodies mainly focus on fulfilling the product requirements of a Halal (food/finance) product, such as “not containing pig.”

Harmonization of standards and governance structure Halal certification in the nutrition sector is already well developed, at least in countries with a Muslim majority. Nevertheless, the current situation in Halal certification is lacking in some fundamental points and urgently needs further development. First of all, there is no common basis of Halal standards, neither in the Muslim countries nor

worldwide. There is more than 100 Halal certification agencies worldwide (The Halal Journal 2008 cited in Lada et al., 2009) and there is no functioning mechanism for mutual recognition between the countries (Lada et al., 2009). Therefore, the customer has to deal with a broad variety of different Halal logos, each of them based on different standards, but those standards are barely communicated to the customer, which makes it hard to tell, if a specific certificate matches one’s personal requirements and level of religious commitment or not. The sense behind Halal certification is to provide a

trustworthy signal for Shari’a compliant products, facing the current in-transparency in the certification market, for now this mission is not fulfiled.

Standards in Islamic finance are well developed and are harmonized comparing to other industries. International organizations are established to standardize and harmonize governance practices among Islamic financial institutions. Examples of these organizations are: the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), the Islamic International Financial Market (IIFM) and the Islamic Financial Standard Board (IFSB) (Garas and Pierce, 2010). Such international governance institutions are missed in the Halal food industry as well as in other industries. In some industries (i.e. hospitality and tourism) rating approach is used instead of certification. The governance structures of Halal regulation and certification in different industries are presented in Figure 1.

To work effectively as a mechanism for applying Islamic ethics on the long run, Halal regulation and certification needs to develop more standards also in sectors other than finance and food. Those can be integrated or build on existing Halal standards. Considering the current inconsistency in the Halal regulation and certification, global harmonization is needed in order to facilitate international trade and provide more clearness for the customer. This cannot be achieved without a strong and effective global institutional network and governance structure.

JMD 31,10

International level

Other industries Food Finance

109

6

National level

Figure 1. Governance structure of Halal regulation and certification

Micro level

Enhancing ethical and responsibility practices in halal regulation and certification: Halal industry offers a great potential from an ethical point of view: Halal standards can easily extend beyond the Halal product attributes, enhancing its already existing ethical component and integrating corporate social responsibility (CSR) practices and general ethic values. By doing this, the Halal business can become a role model for modern business development and contribute to more responsible business practices.

At the moment, Halal business and certification mainly focusses on the product attributes – although many people consider Halal more than just the end product. A more holistic approach in Halal certification is required.

Applying CSR practices can help to integrate more criteria and herewith further develop a responsible Halal business. Islamic business ethics and CSR by nature have similar elements; both practices are built on strong values, responsible behavior and sustainability. Both subjects are based on the ethical permissibility of things and behaviors. Therefore, CSR has good chances to be successfully integrated in Halal business practices and contribute to a successful future movement of Halal.

CSR is an already well-developed and mature discipline. Different tools are used in CSR: certification, rating, external auditing, obligatory disclosure and reporting. It is noticed that non-governmental actors are dominating the governance structure of corporate responsibility (governance without government) (Albareda, 2008). Self-regulation instruments and multi-stakeholders initiatives have appeared to help corporations adopt CSR practices (Albareda, 2008; Pattberg, 2006). Halal business practices can benefit by using and adapting already well-proven tools from CSR.

By integrating CSR, there is potential to build up an overall ethical brand, based on Islamic business ethics and enhanced with product attributes like organic, animal welfare, healthy, environmentally friendly, fair working conditions, etc. By doing this, Halal companies can broaden their target group and attract – if providing reliable certificates – also non-Muslims to Halal products, especially in times of recurrent food scandals and the financial crisis with its discredited banking practices. For instance, in the Islamic finance sector, non-Muslim consumers of Islamic banks “equated Islamic finance with ethical living. They expressed that they were attracted by the prospect of their money not being invested by the bank, in such things as pornography and arms. In addition, they also supported the Islamic position of wealth being only generated through legitimate trade and investment in assets, and not by making

AAOIFI, IIFM, IFSB

Government body, Ulama Councils,Muslim

Society Organizations

Shari’a Supreme

Councils, Central banks

Shari’a supervisory

boards, consulting and

auditing firms,Shari’a

advisors

Consulting, auditing and rating companies

Consulting, auditing and certification companies

money from money” (Wilson and Liu, 2010). Another example of potential expansion and development of Halal business practices is to integrate animal welfare issues in Halal standards, especially considering slaughtering practices. The International Islamic Fiqh Academy (IIFA), which forms a supreme council for Islamic faith and justice, approved already in 1997 certain allowed stunning methods (IIFA, 1997). Modern Halal business has to focus on animal welfare and apply accepted stunning methods. This simplifies Halal production – especially in non-Muslim countries – where until now Halal production is sometimes blocked due to animal welfare laws. Besides, engagement in animal welfare will calm down animal welfare activists and improve the vocation of Halal food among non-Muslims. This can help to develop the Halal market on an international level.

Multi-level Halal regulation and certification In order to integrate CSR and ethical issues in Halal standards, a new approach to Halal regulation and certification is needed. This new approach can be built based on the multi-level Islamic ethics framework proposed earlier in this paper. Halal regulation and certification bodies can set different standards to meet the needs of different groups of Muslims. All Muslims have to commit to the basic Halal standards (obligation component); nevertheless some Muslims commit themselves to higher levels of moral consciousness and need more information on products and business to ensure that they match their values and not only their obligations. Halal regulation and certification can add new types of standards and certificates, in addition to the basic ones. The new standards and/or certificates can focus on ethics and responsibility attributes of products (responsible Halal product) or the whole business practices (responsible Halal business). Table II illustrates the proposed multi-level Halal regulation and certification and Table III links this approach to the multi-level Islamic ethics framework.

Responsible Halal business Responsible Halal product

Overall company strategies and management processes meet and may exceed Halal responsibility standards The product meets Halal and responsibility standards Examples:

Organic and Halal product Shari’a compliant investment in environmental – friendly technologies

Halal product The product meets basic Halal standards Examples:

Meat slaughtered according to Shari’a rules Interest free financial products

Table II. Multi-level

Halal certification

Religion level

Ethics component

Shari’a objectives

Ethics theory

Certification level

Table III.

Multi-level Halal Ihsan Virtue Embellishment Virtue ethics Responsible Halal business certification and multi Iman Values Complimentary Consequentialism Responsible Halal product level Islamic ethics

Islam Obligation Essentials Deontology Halal product framework

Implications on management practices Whether the approach of a multi-level Halal certification can be successfully shifted into business practice, is mostly dependant on the attitude among the Halal market’s stakeholders. Integrating more factors into the assessment criteria of Halal certificates, e.g. the ethical and social behavior of the producing company, is a challenging task and causes costs. As we already know from CSR practices, ethically and socially motivated investments in business practices have – on the long run – only chances to be integrated into the company’s strategy, if they create a

win-win situation for the customer as well as the company (Habisch et al., 2008). Therefore, we can expect that Halal industry will support and push a multi-level Halal

certification, if the customer demands it. The main question is: do customers demand a responsible Halal product and responsible Halal business? Or are the majority of the Halal-buyers satisfied with a product certified as Halal considering just the product attributes? The trend goes to more awareness for the company’s social performance, but to answer this question properly, further research is necessary.

Another problem in the practical application could be that the customer is just overloaded with too much information, when adding more levels to the certification.

Especially in Europe, where Halal certification is in the hands of many different certification suppliers – adding up more levels in the certification could confuse the customer even more. Here, the aim should be to establish one common base for Halal certification and, as soon as this task is reached, enrich the Halal certification by a multi-level certification.

Conclusion Halal regulation and certification forms a good mechanism in order to help Muslims in meeting their religious commitments while living in a globalized and diversified society. Halal business practices vary from one country and industry to another, this variation is due to the differences in the reliability and functionality of institutions and governance structure in those countries and industries. Halal regulation and certification can be developed by integrating some proven tools from the domain of CSR and by including ethics and responsibility criteria with Halal standards. This can be achieved through a multi-level approach that provides Muslims with information on products and businesses covering ethical and responsibility criteria, in addition to the basic Halal standards.

More research – especially empirical research – is needed to understand, and hence develop Islamic business ethics application and Halal business practices.

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Web References

http://quran.com.

www.salamworld.com/aboutus.php.

About the authors

Muatasim Ismaeel is a PHD researcher at the University of Kuala Lumpur (UniKL) in Malaysia.

He lives in the Sultanate of Oman and works as a Management Trainer and Consultant.

He obtained a Master in Business Administration (MBA) from Maastricht School of Management

in 2006. His current research interests are in the fields of corporate responsibility, corporate

disclosure, business ethics, Islamic ethics, and social capital and his research is in both English

and Arabic languages. Muatasim Ismaeel is the corresponding author and can be contacted at:

[email protected]

Katharina Blaim finished her studies in Business Administration at the University of

Eichstaett/Ingolstadt, Germany and Universidad de Belgrano, Buenos Aires, Argentina, in 2012.

In her final thesis she deeply engaged in the issue of the halal food and corporate social

responsibility (CSR), with the topic: “Chances and challenges of Islamic dietary rules in the

context of business ethics”, which was submitted in February 2012. Her current research focus is

on the European halal market, halal regulation and certification and the application of CSR in the

context of halal.

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