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

Opinion / 4d

Selangor must be wise: The people’s rice bowls must not be turned into sacrifices

Malaysia / 1w

Selangor identifies seven deviant teachings in last five years

Malaysia / 1w

New PJ hospital site finalised; 500-bed  facility planned - MB

Malaysia / 2w

Income of RM7,000 in Kelantan, Kedah makes one part of T20 group

Malaysia / 3w

Selangor Sultan puts a 'full-stop' to pig farming in the state

Malaysia / 4w

Court of Appeal: Emergency proclamations beyond judicial review

Spotlight

Malaysia

Former head of a ministry's corporate communications unit acquitted of bribery charge

Malaysia

Two sisters die trapped in Johor house fire as escape routes cut off by flames

Malaysia

NS election speculation intensifies as Aminuddin granted audience with state ruler

Malaysia

Teenager who drove recklessly, causing death remanded for further investigation

Malaysia

Police looking for trio involved in violent armed robbery in Penang (video)

Malaysia

Family of five killed as car crashes into water pipe in Serian

Malaysia

'I was once spat on by a pakcik' — Marina denies fear of contesting Malay-majority seats

Malaysia

Jewellery shop among six premises destroyed in fire (video)

You may be interested

Malaysia

Bersama to join the battle in Johor state election

Malaysia

Johor PRN: PN contests 56 seats, 80 per cent seat distribution completed

Malaysia

Woman pleads guilty to causing death of newborn daughter

Malaysia

Sarawak seeks China collaboration to fix growing doctor shortage

By Alfian Z.M. Tahir

Malaysia

Tourist claims he was locked in car, threatened to pay RM300 from KLIA T2 to T1

By Alfian Z.M. Tahir

Malaysia

Baby boy thrown from car in AMJ highway crash survives

Malaysia

Trust and transformation: Malaysia - Japan deepen strategic economic ties

Malaysia

Johor State Election: BN to launch machinery this Sunday