Sarcasm-Nuance On A Brand : Unraveling of Islamic Law and Implication on Indonesian Halal Certification law

Abstract

Indonesia is the country with the largest Muslim population in the world. This number affects the interest of Muslim consumers in halal food. However, many business actors use the word sarcasm on culinary product brands that are not yet clearly halal. So, examining the permissibility of using the mark based on Islamic law and positive law in force in Indonesia is necessary. This study aims to examine the perspective of Islamic law and positive law on the use of sarcasm nuanced culinary product brands. This type of research uses normative juridical research methods to examine Islamic law. It is positive for the determination of halal certification on sarcasm-nuanced culinary product brands circulating in Indonesia. The approach used in this study is statutory, an analytical approach and a conceptual approach. The results of this study are seen from the perspective of Islamic law: product brands that contain the meaning of sarcasm based on the Qur'an, hadith and the opinions of scholars are acts of underestimating Islamic sharia so that the law is haram. Meanwhile, according to positive law based on Law No. 33 of 2014 concerning Halal Product Guarantee, product brands circulating in Indonesia must be certified halal. However, products containing sarcasm cannot bag halal certification, violating the law. The product cannot be subject to criminal sanctions even if it violates the brand law.