Fatwa on SIS: Only people, not companies can be declared deviant
The Federal Court has ruled that the Selangor religious authorities were wrong to issue a fatwa declaring the Sisters in Islam (SIS) organisation as deviant and contrary to Islamic teachings.
In a majority 3-1 decision, the panel of four judges chaired by Chief Justice Tengku Maimun Tuan Mat said the Federal Constitution only gives power to the authorities on "persons professing the religion of Islam," not companies.
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New Straits Times
an hour ago
- New Straits Times
Govt to review SIS ruling to safeguard fatwa institution
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.
Free Malaysia Today
an hour ago
- Free Malaysia Today
Minister respects SIS ruling but says fatwas still vital for guiding Muslims
Religious affairs minister Na'im Mokhtar said fatwas remain essential to guiding Muslims on shariah matters. (Bernama pic) PETALING JAYA : Religious affairs minister Na'im Mokhtar says the Federal Court's decision in favour of Sisters in Islam (SIS) will be studied in detail to ensure that the authority of the country's fatwa institution is not undermined. Voicing respect for the court's ruling today, Naim nevertheless said that fatwas continued to play an important role in guiding Muslims on contemporary issues that require shariah-based direction. 'Strong cooperation between the judiciary, the legal system, and religious authorities is crucial to ensure that the function and authority of the fatwa institution continue to be respected within the framework of our country's constitutional system,' he said in a statement. Nai'm said the unity government remained committed to upholding the administration of Islamic affairs in Malaysia fairly, in accordance with the principles of syura (consultation), knowledge, and the rule of law. He also said that the government would continue to protect the role of Islamic institutions in line with Article 3 of the Federal Constitution, which recognises Islam as the religion of the federation. The court earlier today quashed a 2014 fatwa issued by the Selangor Islamic Religious Council, which labelled SIS as 'deviant' for allegedly promoting liberalism and religious pluralism. Chief Justice Tengku Maimun Tuan Mat, who led the panel, said that a fatwa could not be imposed on an organisation like SIS, which could not 'profess' a religion. She added that the phrase 'persons professing the religion of Islam' in the Federal Constitution refers exclusively to natural persons, not entities such as companies or organisations. SIS failed in its previous challenge of the fatwa in the lower courts between 2019 and 2023.
Free Malaysia Today
2 hours ago
- Free Malaysia Today
SIS hails court ruling as milestone in keeping religious authorities accountable
The Federal Court today quashed a 2014 fatwa labelling Sisters in Islam 'deviant', in a ruling hailed as a win for constitutional rights and accountability. PETALING JAYA : Women's rights group Sisters in Islam (SIS) has hailed today's Federal Court ruling as a milestone in ensuring that religious authorities remain accountable to constitutional principles and the rule of law. The NGO said the landmark judgment, which quashed a 2014 fatwa issued by Selangor religious authorities, reaffirmed the supremacy of the Federal Constitution, the right to judicial review, and the principle that no institution, including those issuing fatwas, is above the law. 'This is not just a victory for SIS, but a win for all Malaysians who believe in due process, democratic oversight, and the inclusive spirit of Islam,' it said in a statement. SIS also maintained that when religious policies infringe on rights or discriminate, especially against women, citizens have the right to seek judicial review. 'This case is not about Islam, but about public law and public policy that must pass the test of public scrutiny,' it said. The NGO reiterated that its struggle 'was never an attack on Islam', but was a 'principled legal challenge to a process that lacked transparency, natural justice and faireness'. SIS had sought to quash the fatwa by the Selangor Islamic Religious Council that the NGO had deviated from the teachings of Islam by purportedly subscribing to 'liberalism' and 'religious pluralism'. It failed in its previous challenge of the fatwa in the lower courts between 2019 and 2023.
