Govt to review SIS ruling to safeguard fatwa institution

New Straits Times

5 hours ago

KUALA LUMPUR: The government will examine the landmark Federal Court ruling in favour of Sisters in Islam (SIS) Forum (Malaysia) to ensure the integrity and standing of the fatwa institution are not undermined in the long term.
Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said the judgment would be studied comprehensively in light of its implications on religious governance and institutional authority.
He said he respected the rule of law and recognised the Federal Court as the highest judicial institution in the country.
"I wish to emphasise that fatwas continue to play a vital role in guiding Muslims on contemporary issues that require syariah-based direction.
"Therefore, close cooperation between the judiciary, the legal framework, and religious authorities is crucial to ensure that the role and credibility of the fatwa institution remain respected within the framework of our national constitutional system.
"The government will ensure that the administration of Islamic affairs in Malaysia is carried out fairly and based on the principles of syura (consultation), knowledge, and by the rule of law," he said in a statement today.
He said the government would continue to uphold the status of Islamic religious institutions in line with Article 3 of the Federal Constitution, which provides that Islam is the religion of the Federation.
Earlier, the apex court chaired by Chief Justice Tun Tengku Maimun Tuan Mat ruled that a Selangor fatwa declaring liberalism and religious pluralism as deviant could not be applied to SIS, a company limited by guarantee.
She said the term "persons professing the religion of Islam" in the Federal Constitution referred exclusively to natural persons and not artificial entities such as companies or organisations.
She said a company, being an artificial entity, could not repent as proposed by the fatwa.
On March 14, 2023, the Court of Appeal dismissed SIS's appeal to annul the fatwa issued by the Selangor Fatwa Committee, which declared the group deviant and straying from true Islamic teachings.
The Court of Appeal's decision at the time was based on Section 47 of the Administration of Islamic Law Enactment 1991, which gives the Fatwa Committee authority to issue fatwas on unresolved or controversial religious matters.
On Oct 31, 2014, SIS filed a judicial review application for a court order to revoke the fatwa decision.