Malaysia

SIS Forum takes final bid to quash fatwa to apex court

S’gor religious authorities earlier labelled group as ‘deviant’

Updated 3 years ago · Published on 27 Apr 2023 2:32PM

SIS Forum takes final bid to quash fatwa to apex court
The organisation and one of its co-founders Zainah Mahfoozah Anwar had filed an application on April 14 this year, seeking to get leave from the Federal Court to appeal against the Court of Appeal’s dismissal of its challenge against the fatwa. – SYEDA IMRAN/The Vibes file pic, April 27, 2023

PUTRAJAYA – Women’s rights group SIS Forum (Malaysia) has gone to the Federal Court in a final bid to quash a fatwa issued by the Selangor religious authorities labelling the group as deviants.

The organisation and one of its co-founders Zainah Mahfoozah Anwar had filed an application on April 14 this year, seeking to get leave from the Federal Court to appeal against the Court of Appeal’s dismissal of its challenge against the fatwa.

In civil cases, litigants must obtain leave before they can proceed with appeals to the Federal Court.

On March 14, this year, the appellate court, in a 2-1 majority decision, dismissed SIS Forum’s appeal to quash the fatwa.

They had pursued an appeal to the Court of Appeal after their judicial review was dismissed by the high court on August 27, 2019.

The fatwa, gazetted by the Selangor State government on July 31, 2014, had declared 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. 

The fatwa also directed that any publications containing liberal and plural views of Islam should be banned and confiscated, and further directed the Malaysian Communications and Multimedia Commission to censor social websites which goes against Islamic teaching and shariah laws.

The Federal Court has fixed May 15 for case management for the leave application appeal.

In the notice of motion requesting for leave, the group has proposed 10 questions of law for the Federal Court to decide.

Among them, whether a fatwa, once published in the gazette under sections 48(6), Administration of the Religion of Islam (State of Selangor) Enactment 2003, is a form of subsidiary law and/or delegated legislation. 

Another question is whether the civil court has jurisdiction to judicially review the making of a fatwa, or its publication in the gazette under section 48(6) of the enactment, once it is so gazetted on the grounds generally available for the review of subsidiary or delegated legislation. – Bernama, April 27, 2023

Related News

Malaysia / 1mth

Court of Appeal: Emergency proclamations beyond judicial review

Malaysia / 2mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 2mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Malaysia / 3mth

Isa Samad wants Federal Court to reconsider its decision to convict him

Malaysia / 3mth

Family takes issue of government responsibility in Altantuya's death to Federal Court

Malaysia / 3mth

Sarawak files Federal Court petition over applicability of federal petroleum laws

Spotlight

Malaysia

Bersatu-PH tie-up a possibility as coalition seeks Malay support, analyst says

By Alfian Z.M. Tahir

Malaysia

Woman molested on her way home from work (video)

Malaysia

Court allows Daim's daughter to permanently keep passport

Malaysia

Santiago pokes holes in data centre hype, asks: Who really benefits?

By Alfian Z.M. Tahir

Malaysia

Jeweller vows to pursue Rosmah until ‘every penny’ is recovered as RM67.5m battle enters enforcement phase

Malaysia

Ambulance carrying two injured men crashes en route to hospital after MPV collision in Besut

Malaysia

Man blames 'lack of love' for sexual assault on teens

Business

BNM's OPR to stay at 2.75 pcent in 2026 amid strong domestic demand - Kenanga IB

Malaysia

Missing jewellery: Rosmah ordered to pay RM67.5 million

You may be interested

Malaysia

J-KOM files police report against Albert Tei over repeated protests at Comms Ministry

Malaysia

Perlis sole opposition member tells PAS, Bersatu to quit politicking and serve the people

By Ian McIntyre

Malaysia

Shop assistant pleads guilty to machete attack on father and arson of family vehicles

Malaysia

EPF to shut all remittance counters nationwide from July 1 in major digital services push

Malaysia

Housewife loses nearly RM100,000 in online job scam after promise of easy income

Malaysia

Three men denied bail in child sexual assault abuse scandal

Malaysia

Anwar’s leadership strengthens Japanese investor confidence in Malaysia — Bank Rakyat Chairman

Malaysia

Hamzah Zainudin set to make announcement at “Malaysia Reset” convention in Kelantan