SIS Forum (Malaysia) has succeeded in its appeal against a fatwa issued by the Selangor State Fatwa Committee that declared the women's rights group “deviant” and “deviating from Islamic teachings,” following a Federal Court decision delivered on Thursday.
A five-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat ruled in a 3-1 majority decision that the fatwa cannot be applied to organisations and institutions falling under federal jurisdiction.
The court overturned both the High Court and Court of Appeal rulings, allowing the appeal by SIS Forum to the extent that it concerns the application of the fatwa to such entities.
“The decision applies only insofar as the fatwa touches upon federal agencies and the powers of federal agencies,” Tengku Maimun stated, with the full reasoning to be outlined in the complete judgment.
On 21 August 2023, the Federal Court had granted leave to SIS Forum and its founding member Zainah Mahfoozah Anwar to proceed with their appeal, after the Court of Appeal dismissed their attempt to have the fatwa quashed.
The Court of Appeal, in a 2-1 majority ruling, had earlier held that the fatwa issued by the Selangor Fatwa Committee was not a final decision and therefore could not be subject to judicial review.
SIS Forum and Zainah turned to the Court of Appeal after the High Court dismissed their judicial review application on 27 August 2019.
The fatwa, gazetted by the Selangor state government on 31 July 2014, declared that SIS Forum — along with individuals and groups promoting liberalism and pluralism — were deviant and had strayed from Islamic teachings.
It further directed the banning and seizure of publications containing liberal and pluralist views, and urged the Malaysian Communications and Multimedia Commission (MCMC) to monitor and filter online content deemed contrary to Islamic teachings and principles of syariah.
On 21 August 2023, the Federal Court allowed SIS Forum and its founder, Zainah Mahfoozah Anwar, to continue their appeal against the Court of Appeal's decision dismissing their application to quash the fatwa.
The Court of Appeal in a 2-1 majority decision ruled that the fatwa issued by the Selangor State Fatwa Committee was not a final decision and therefore could not be challenged through a judicial review application.
Previously, the High Court had dismissed the judicial review application by SIS Forum and Zainah on 27 August 2019. - June 19, 2025
