Govt to thoroughly review Federal Court decision on SIS fatwa
THE Federal Court's decision to rule that a Selangor fatwa declaring religious liberalism and pluralism as heretical cannot be applied to Sisters in Islam (SIS) will be thoroughly reviewed to ensure that the position and authority of the fatwa institution was not affected in the long term.
Minister in the Prime Minister's Department (Religious Affairs), Datuk Dr. Mohd. Na'im Mokhtar (picture) stressed that fatwas still play an important role in guiding Muslims on current issues that require Shariah guidance.
'Therefore, close cooperation between the judiciary, legal and religious authorities is very important so that the function and authority of the fatwa institution remains respected within the framework of our country's constitutional system.
'The government will ensure that the administration of Islamic affairs in Malaysia is carried out fairly and based on the principles of shura, knowledge and based on the full implementation of the country's laws,' he said in a statement today.
Mohd. Na'im said he took note of the decision made by the Federal Court in favour of the SIS in its challenge against the fatwa issued by the Selangor State Fatwa Committee on 17 July 2014.
'As the Minister of Religious Affairs, I respect the principle of the rule of law and judicial decisions made by the Federal Court as the highest judicial institution in the country's legal system.
'At the same time, the government will continue to defend the position of Islamic religious institutions in line with Article 3 of the Federal Constitution which provides that Islam is the religion of the Federation,' he added.
Today, the Federal Court allowed the appeal filed by SIS Forum and its founder, Datin Paduka Zainah Mahfoozah Anwar, regarding the dispute over the decision of the Selangor Fatwa Committee, Selangor Islamic Religious Council.
The decision previously declared the organisation as deviant and perverting the true teachings of Islam which were issued and gazetted 11 years ago, thus setting aside the previous decisions of the High Court and Court of Appeal.
The Federal Court ruled that the words 'persons who profess the religion of Islam' used in the fatwa can only refer to real people and not artificial persons such as companies or organisations.
The Court also added that they, however do not scrutinised the content of the fatwa as it is the purview of the Fatwa Committee — TMR
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