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The Star
11 hours ago
- Politics
- The Star
SIS wins appeal against fatwa
PUTRAJAYA: A Selangor fatwa (edict) that declared Sisters in Islam (SIS) Forum Malaysia as 'deviant' 11 years ago is not applicable to the company as the entity could not be construed as a person professing Islam, the Federal Court ruled. The court ruled so after allowing an appeal by SIS in its dispute against the Selangor religious authorities over the fatwa that was gazetted in 2014. The judgment, however, applied only to the extent of the edict's application. Chief Justice Tengku Maimun Tuan Mat, when reading out the judgment, said the term 'persons professing the religion of Islam' refers to natural persons and not artificial persons such as companies. 'This constitutional interpretation aligns with the fact that only natural persons can profess the shahadah, perform prayers, fast in Ramadan and perform the Hajj – core tenets of the Islamic faith. 'A company, being an artificial entity, lacks the capacity to repent as proposed by the fatwa. 'Hence, we conclude that a company cannot 'profess' Islam in order to be lawfully classified as a 'person professing the religion of Islam' under Item 1,' she said in the 3-1 majority decision yesterday. (In the Federal Constitution, the Ninth Schedule has two lists, namely List I or Federal List, which lists down the areas that the Federal Government can make laws on, and List II or State List, which states what the state government has powers to make laws on. Item 1 refers to the State List.) The appeal arises from a judicial review application filed by SIS and its founder Zainah Anwar in October 2014 to challenge the fatwa that was gazetted on July 31, 2014. They named the Selangor Fatwa Committee, the Selangor Islamic Religious Council (Mais) and the Selangor state government as respondents. In 2019, the High Court dismissed the judicial review application while the Court of Appeal dismissed the appeal in 2023. The fatwa declared that SIS as well as any individual and group that adopted the 'deviant' ideologies of liberalism and pluralism were deviating from the teachings of Islam. The fatwa stated that any publications containing liberal and plural views of Islam should be banned and confiscated. It further directed the Malaysian Communications and Multimedia Commission to censor social websites that go against Islamic teachings and hukum syarak. The fatwa also directed that any individuals holding on to liberalism and religious pluralism should repent and return to the path of Islam. Tengku Maimun said the issue of a company, organisation or institution escaping accountability relating to the fatwa does not arise. 'Accountability for violating the fatwa rests with the individuals behind such entities. 'This is further supported by paragraph four of the fatwa, which only requires individuals who adhere to liberalism and religious pluralism to repent,' she said. The apex court also asserted its separation of jurisdiction from the Syariah Courts. 'To avoid misunderstanding, we reiterate that we express no view on the content of the fatwa itself, especially phrases such as: '... liberalism and religious pluralism are deviant and misguided from the teachings of Islam' and 'any individual subscribing to liberalism and religious pluralism ideology must repent and return to the path of Islam'. These fall under the exclusive jurisdiction of the respondents. 'With the reasons we have mentioned, we set aside the decisions by the High Court and the Court of Appeal,' Tengku Maimun said. The appeal at the Federal Court was initially heard before a five-judge panel. Besides the Chief Justice, other judges on the Bench were Court of Appeal judge Justice Abang Iskandar Abang Hashim, Federal Court judges Justices P. Nallini, Abu Bakar Jais and Abdul Karim Abdul Jalil, who retired in April. Meanwhile, Justice Abu Bakar, who held the dissenting view, said a company would still be bound by a fatwa, especially in the present case as SIS comprises of Muslims and its work is related to Islam. 'It is disturbing that the first appellant could escape and not be subjected to the fatwa simply by being a company but nonetheless venturing to make assertions and expressing views affecting the precepts and tenets of Islam,' he said. 'It should not be concluded just because a company is not a person professing Islam as a religion such as in this case, the provision of the Constitution should not apply to the same,' Justice Abu Bakar added.
Free Malaysia Today
06-06-2025
- Politics
- Free Malaysia Today
Judicial review on ‘deviant' fatwa not an attack on Islam, says SIS
The Federal Court is expected to deliver its judgment on the challenge by SIS Forum (Malaysia) and its co-founder against a fatwa that labels the women's rights group 'deviant' on June 19. PETALING JAYA : Sisters in Islam (SIS) says the challenge brought by SIS Forum (Malaysia) and its co-founder against a fatwa that labels the women's rights group 'deviant' under Islamic laws is not an attack on the religion. SIS said the judicial review is an exercise of the constitutional right of Malaysians to seek legal redress in matters that affect their fundamental liberties, particularly the right to be heard, and to ensure that due process under the law is observed. 'The fatwa in question, issued in 2014, declared SIS deviant without affording us the opportunity to defend ourselves. 'It also has wide-reaching implications on freedom of expression, association, and religion as guaranteed under the Federal Constitution,' it said in a statement. SIS said it is not alone in raising concerns about the lack of procedural fairness in how fatwas are issued and enforced. 'Scholars, lawyers, and rights-based organisations have long pointed out the need for transparency, consultation, and accountability within the fatwa process, especially when such pronouncements affect civil society groups and individuals directly,' it said. The women's rights group and its co-founder, Zainah Mahfoozah Anwar, are appealing a Court of Appeal decision handed down in 2023 which dismissed its challenge of a fatwa imposed by the Selangor religious authorities 11 years ago. The Federal Court's decision is expected to be delivered on June 19. In the 2014 fatwa, the Selangor Islamic religious council (Mais) decreed that SIS had deviated from the teachings of Islam by subscribing to liberalism and religious pluralism. On Wednesday, the Selangor Islamic religious department (Jais) called for special prayers to be held at all mosques and suraus in the state to seek divine blessings and guidance over the group's challenge of the fatwa. Jais director Shahzihan Ahmad called for the prayers to be held to seek God's continued protection of the sanctity of Islam in the state and for His guidance for the apex court in reaching a just decision. SIS said it remains steadfast in promoting an understanding of Islam that centres on equality, justice, and compassion, principles deeply rooted in the higher objectives (maqasid) of the shariah. It said that as believers of the faith, it values sincere prayer and reflection, especially in moments of public deliberation. 'However, we find it necessary to clarify and reaffirm the principles upon which our ongoing legal challenge is based. 'We urge all parties to engage in dialogue rather than division, and to allow the judiciary to perform its role free of undue pressure or politicisation. 'We trust in the independence and wisdom of the Federal Court to assess our case based on the rule of law, the constitution, and principles of justice,' it said.
