Malaysia

[UPDATED] Sisters in Islam loses bid to dismiss S’gor govt fatwa labelling it ‘deviant’

In 2-1 ruling, Court of Appeal says group should have brought its challenge to state shariah court instead

Updated 3 years ago · Published on 14 Mar 2023 11:15AM

[UPDATED] Sisters in Islam loses bid to dismiss S’gor govt fatwa labelling it ‘deviant’
Datuk Has Zanah Mehat, who chaired the Court of Appeal bench, and Datuk Che Mohd Ruzima Ghazali voted to dismiss the appeal, while Datuk M Gunalan dissented. – SYEDA IMRAN/The Vibes pic, March 14, 2023

KUALA LUMPUR – Muslim women’s rights group Sisters in Islam (SIS) today lost its appeal to dismiss a fatwa by the Selangor government labelling it a “deviant group”.

The Court of Appeal’s three-member bench came to a 2-1 decision today, reported Malaysiakini.

Datuk Has Zanah Mehat, who chaired the bench, and Datuk Che Mohd Ruzima Ghazali voted to dismiss the appeal, while Datuk M Gunalan dissented.

In giving his verdict today, Ruzima said fatwa issues are exclusively under the jurisdiction of the shariah court and SIS should have brought its challenge to the Selangor shariah court.

“As the fatwa is linked to the determination of ‘hukum syarak’, any dispute is in the exclusive jurisdiction of the shariah court and not the civil court,” Ruzima was quoted as saying.

Meanwhile, in his dissenting ruling, Gunalan disagreed with the majority stance that the Federal Court ruling was mere “obiter” (a judge’s comments or observations, in passing, on a matter arising in a case before him which does not require a decision).

On August 27, 2019, the high court dismissed the judicial review application filed by SIS Forum, its founder Zainah Mahfoozah Anwar and former minister in the Prime Minister’s Department Datuk Mohd Zaid Ibrahim.

In their application, they are seeking a certiorari order to quash the fatwa prepared by the Selangor Fatwa Committee and gazetted by the Selangor state government declaring that SIS Forum, any individual, as well as groups that adopted the deviant ideologies of liberalism and pluralism, were deviating from the teachings of Islam.

In November last year, SIS Forum’s lawyer Malik Imtiaz Sarwar argued that the fatwa prepared by the Selangor Fatwa Committee was disproportionate and unconstitutional.

The court also heard submissions from lawyer Zainul Rijal Abu Bakar representing the Selangor Fatwa Committee, Yusfarizal Yussoff representing the Selangor Islamic Religious Council and Selangor legal adviser Salim Soib@Hamid representing the Selangor government.

Zainul Rijal argued that the acronym for SIS Forum is Sisters in Islam and by its name, the organisation showed that it has a connection with Islam and the organisation’s founding members, who are directors, are all Muslim women, adding that its activities included matters pertaining to Islamic affairs.

He said SIS Forum has published many of its views and stands on the teaching of Islam under the name of SIS Forum, which the Selangor Fatwa Committee found to contain elements of liberalism and pluralism that went against the teachings of Islam.

Meanwhile, Yusfarizal argued that SIS Forum is not challenging the constitutionality or statutory compliance of the fatwa but their challenge was on the validity of the content of the fatwa, which should be under the shariah court’s jurisdiction and not the civil court. – The Vibes, March 14, 2023

Related News

Malaysia / 1w

Selangor postpones National Sports Day celebrations due to haze

Malaysia / 1w

Bersama’s Selangor target difficult to achieve if party goes solo, says analyst

Malaysia / 3w

27 stations record unhealthy API readings; six locations in Selangor affected

Education / 1mth

Selangor to close schools if API readings exceed 200

Malaysia / 2mth

Putra Heights tragedy report expected to be released as early as October

Events / 2mth

Selangor turns focus to AI, semiconductors as Techsphere Summit returns

Spotlight

Malaysia

Papagomo acquitted for second time in sedition case over government, Israel claims

Malaysia

ECRL fares start at RM60, with 50% discounts for children, seniors and OKU

Malaysia

DKU seeks court action against Ismail, 16 others over Negeri Sembilan royal dispute

By Alfian Z.M. Tahir

Malaysia

Kampung Manis: Dreams of 227 families to own replacement homes draw closer

Malaysia

Fadhlina takes legal action over video of 2023 Parliament speech

By Alfian Z.M. Tahir

Malaysia

Civil servants urged to turn Selangor Sultan’s anti-graft message into action

Malaysia

Animal welfare group urges probe into alleged sexual abuse of cat in viral video

Malaysia

Macron appeals for calm after France riots: 2,400 arrested, nearly 1,000 officers injured

Malaysia

Malaysia renews offer to help Indonesia fight fires

You may be interested

Malaysia

Hajiji urges GRS leaders to put Sabah first, warns against infighting

Malaysia

Anwar calls for stronger efforts to keep Malaysia’s cultural heritage alive

Malaysia

ECRL fares start at RM60, with 50% discounts for children, seniors and OKU

Malaysia

PN faces deregistration after RoS rejects its appeal to retain status

Malaysia

Oil prices ease but supply risks persist

Malaysia

King appoints three Malaysian envoys to Canada, Belgium and Iran

Malaysia

Malaysia must win trust of both sides to move Southern Thailand peace process forward

Malaysia

Schools to reopen in 3 states as usual, outdoor activities suspended