Mechanism needed to determine sighah fatwa– Constitutional expert
International Islamic University Malaysia law lecturer Professor Datuk Dr Shamrahayu Ab Aziz
SHAH ALAM – Authorities responsible for issuing fatwas must establish specific methods or mechanisms to determine the wording (sighah) or phrasing of fatwas, following the Federal Court's decision on Thursday allowing Sisters In Islam (SIS) Forum's bid to nullify the enforcement of a fatwa against the organisation.
International Islamic University Malaysia law lecturer Professor Datuk Dr Shamrahayu Ab Aziz said the fatwa gazetting procedure must be clearly outlined and should take into account the views of legal advisors.
"Some states already have and practise such procedures, but there are also states that still lack a clear process regarding this matter.
"The National Council for Islamic Religious Affairs must take a firm stand by instructing all state fatwas to be reviewed in order to minimise the risk of being sued or brought to court," she said in a Facebook post on Thursday.
Earlier, the Federal Court allowed the SIS Forum's appeal in a dispute involving a fatwa issued by the Selangor Islamic religious authority, which had declared the organisation as deviant and astray from Islamic teachings, as gazetted in 2014.
The decision was delivered by a five-member panel of judges led by Chief Justice Tun Tengku Maimun Tuan Mat, who, through a majority judgment, allowed the final appeal by SIS Forum and two other parties to challenge the validity of the fatwa.
Shamrahayu explained that although the court did not annul the fatwa entirely, its impact remained significant.
"We must be cautious when drafting the sighah of a fatwa, especially when it is intended to become law. As a form of legislation, a fatwa is subject to interpretation.
"This isn't the first time such an institution has 'lost' in court over issues relating to the sighah of a fatwa. There was a similar case previously involving Kassim Ahmad in Kuala Lumpur," she added.
Shamrahayu said although questions remained as to why a fatwa may not be enforceable against an 'artificial person', the public would have to wait for the Federal Court's full written grounds of the majority judgement.
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