Federal Court Allows SIS Forum's Appeal, Quashes Part Of Selangor Fatwa
CRIME & COURTS
PUTRAJAYA, June 19 (Bernama) — The Federal Court today allowed the appeal brought by SIS Forum (Malaysia) and its co-founder, Zainah Mahfoozah Anwar, in their legal challenge against the 2014 fatwa issued by the Selangor Fatwa Committee, which had declared the organisation deviant from Islamic teachings.
A four-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat, in a 3–1 majority decision, set aside the fatwa insofar as it applied to companies and institutions.
In delivering the majority judgment, the Chief Justice held that the expression 'professing the religion of Islam' stated in Item 1, List II, of the State List in the ninth Schedule of the Federal Constitution, refers only to natural persons and not to artificial legal entities such as companies.
"We allow the appellants' (SIS Forum and Zainah) appeal to the extent that it concerns the application of the fatwa to organisations and institutions, and to the extent that the fatwa affects federal agencies and the powers of such agencies," she said.
Also on the bench were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court judges Tan Sri Nallini Pathmanathan and Datuk Abu Bakar Jais.
Justice Abu Bakar delivered the sole dissenting opinion.
The appeal was initially heard by a five-member panel, but Justice Datuk Abdul Karim Abdul Jalil has since retired.
Today's judgment was delivered pursuant to Section 78(1) of the Courts of Judicature Act 1964, which permits the remaining judges to deliver judgment.
SIS Forum had sought to quash the 2014 fatwa, which declared the organisation deviant on the grounds that it allegedly subscribed to the ideologies of 'liberalism' and 'religious pluralism.'
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