Kuala lumpur: The High Court here today dismissed an application by GISB Holdings Sdn Bhd (GISBH) and its chief executive officer, Nasiruddin Mohd Ali, for leave to appeal against a decision by the Perlis State Fatwa Committee, which ruled that the company's teachings contain deviant elements, particularly in its spiritual beliefs. Judge Datuk Mohamad Abazafree Mohd Abbas stated that a fatwa (edict) issued by the state fatwa committee falls within the expertise of authorities in matters relating to Syariah law and is grounded in Article 121(1A) of the Federal Constitution.
According to BERNAMA News Agency, this provision clearly articulates that the civil court lacks jurisdiction over matters that fall under the jurisdiction of the Syariah Court. Judge Mohamad Abazafree further ruled that the court also has no jurisdiction to review the fatwa, as it was issued under the prerogative of the Raja of Perlis.
He elaborated that the approval of a fatwa is a prerogative of the Raja of Perlis, Tuanku Syed Sirajuddin Jamalullail, in his role as the Head of the Islamic Religion in the state, which is distinct from the legislative function of the Raja in approving a Bill. The judge emphasized that the royal approval process transforms a draft fatwa into a binding ruling on every Muslim in Perlis upon its publication in the Gazette.
The Perlis State Fatwa Committee had issued the fatwa on October 14, 2024, declaring the beliefs of the GISBH group as deviant and rooted in esoteric teachings. Earlier, on September 20, 2024, Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin announced that a special meeting concluded the beliefs propagated by GISBH contained elements of deviant doctrine, particularly inner or esoteric teachings, similar to those of the al-Arqam movement.
Judge Mohamad Abazafree stated that the court's consideration revealed that the fatwa's substance related to the teachings and beliefs of GISBH's network, which were found to be contrary to Islamic teachings. Therefore, the fatwa aims to prohibit Muslims from practising those beliefs or any similar ones.
He further explained that the applicants were challenging the fatwa's substance, asserting their teachings were in line with true Islamic teachings. Allowing the application would necessitate complex proceedings to determine Islamic faith matters, which he stated was outside the civil court's jurisdiction.
Represented by lawyer Zulfikri Ulul Azmi, the applicants faced objections from Senior Federal Counsel Ahmad Hanir Hambali and Federal Counsel Mohammad Solehheen Mohammad Zaki. The court concluded that only the Syariah Court possesses the necessary expertise to decide such issues, reflecting the rationale behind Clause (1A) of Article 121 of the Federal Constitution.