Selangor authorities allowed to appeal decision on SIS fatwa

The decision was granted by a three-man panel of judges comprising Chief Justice Raus Sharif who chaired, Zulkefli Ahmad Makinudin and Abu Samah Nordin.

PETALING JAYA: The Federal Court today granted leave for three Selangor government parties to appeal a Court of Appeal decision allowing for a judicial review on a fatwa (religious edict) against SIS Forum (Malaysia) to be heard by the civil courts.

In a statement today, SIS Forum, also known as Sisters in Islam, said the Selangor Fatwa Committee, Selangor Islamic Religious Council and Selangor government were granted leave to appeal to the Federal Court.

It said the decision was granted by a three-man panel of judges comprising Chief Justice Raus Sharif who chaired, Zulkefli Ahmad Makinudin and Abu Samah Nordin.

In 2014, the Selangor Fatwa Committee issued the fatwa naming SIS and other organisations or individuals that subscribe to liberalism and pluralism as deviant from the teachings in Islam and saying that they may have their publications seized and their social media blocked, it said.

Later that year, SIS took action for judicial review of the fatwa, particularly whether it contravened the Federal Constitution.

In March this year, the Court of Appeal decided that the civil court had the jurisdiction to hear the case as it referred to whether the edict was at odds with the constitution of the country.

The three Selangor parties then filed for leave to appeal the matter to the Federal Court.

The statement said the Federal Court decided today that it should revisit this decision to consider whether, inter alia, the civil courts have jurisdiction where the matter involves an Islamic issue, in this case a fatwa.

It would also consider whether a company can be “implied” to profess Islam and thus be subjected to the jurisdiction of the shariah courts, and whether in judicial review proceedings a plea of res judicata (that the matter has already been adjudicated) can be raised at leave stage or at any level of proceeding.

Another issue to be considered is whether a company using Islam as a name and controlled by persons professing the religion of Islam can be regarded as “Muslim” pursuant to Section 2 of the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

The Federal Court also decided that it should consider whether the presence of the Attorney-General’s Chambers (AGC) during the judicial review proceedings (pursuant to mandatory procedural pursuant to Order 53, rule 3 of Rules of Court 2012) can be assumed as representing the respondents.

The statement said SIS had served nearly 10,000 Muslim women with legal help to seek redress for their marital problems since 2003.

“We have trained over 4,000 women on their legal rights through our popular legal literacy workshop.

“We have led awareness and advocacy programmes on areas which require urgent law reform such as child marriage, domestic violence and ensuring economic well-being for single mother-led families,” it said.

“We are one of the few civil society organisations in Malaysia and the world that have spearheaded Islamic thought towards a progressive and inclusive society.

“Our work remains vital in upholding and protecting women, children and the Malaysian society from any form of injustice or oppression, particularly when considered within the lens of Islam as administered in Malaysia,” it added. FMT

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