RECONSTRUCTING INDONESIA-MALAYSIA CROSS-BORDER HALAL GOVERNANCE: A CONTEMPORARY MAQĀṢID AL-SHARĪ‘AH SYSTEMS ANALYSIS

Abstract

This study aims to analyze the systemic barriers in cross-border halal governance between Indonesia and Malaysia and reconstruct a collaborative framework using Jasser Auda’s contemporary Maqāṣid al-Sharī‘ah systems theory. Despite the 2023 Memorandum of Cooperation (MoC) facilitating mutual recognition of halal certificates, practical implementation still faces reciprocity gaps, complex registration of foreign certificates, and a lack of integrated post-market surveillance. This was demonstrated by the bilateral recall of porcine-contaminated products in April 2025. This research employs a descriptive-comparative qualitative method and policy analysis utilizing the Policy Analysis Circle (Gagnon & Labonté) to examine the context, actors, processes, content, and impacts of cross-border halal regulations. The findings indicate structural regulatory discrepancies (mandatory vs. voluntary) and technical standard fragmentation. By applying Auda’s six system features—cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness—this study reconstructs the cross-border halal governance. The proposed model shifts the halal assurance paradigm from a static, bureaucratic protection (hifẓ) to a dynamic, digitally integrated development (tanmiyah). The reconstruction recommends a blockchain-based traceability platform, a Joint Post-Market Surveillance Committee, and inclusive fast-track policies for UMKM, ensuring regional halal integrity and economic welfare.

Keywords: cross-border halal; Jasser Auda; Maqasid al-Shariah; mutual recognition agreement; policy analysis circle