Sisters in Islam wins appeal, Federal Court overturns 2014 fatwa
PUTRAJAYA: The Federal Court today quashed the 2014 fatwa against Sisters in Islam (SIS) Forum Malaysia, which had been gazetted by the Selangor Islamic Religious Council (MAIS), and declared the organisation deviant.
The Federal Court, on Aug 21, 2023, granted leave to SIS and its founder, Zainah Mahfoozah Anwar, to proceed with an appeal against a decision by the Court of Appeal which had dismissed their bid to annul a fatwa issued by the Selangor Fatwa Committee.
Previously, on March 14, 2023, the Court of Appeal had dismissed SIS's appeal to overturn the fatwa, which had declared the group deviant and accused it of straying from true Islamic teachings.
SIS filed a judicial review application on October 31, 2014, seeking a court order to revoke the fatwa.
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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.
The Sun
3 hours ago
- The Sun
Federal Court allows SIS Forum's appeal, quashes part of Selangor Fatwa
PUTRAJAYA: 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.' The organisation had previously failed in its legal challenge at both the High Court and the Court of Appeal between 2019 and 2023.
