Kuala Lumpur: The appeal by Sisters in Islam (SIS) Forum (Malaysia) does not concern the substantive beliefs in the religion of Islam, its mandates, or doctrines relating to the Islamic faith but relates to the exercise of legal powers by certain state authorities, says the Federal Court in its judgment.
According to BERNAMA News Agency, Chief Justice Tun Tengku Maimun Tuan Mat clarified that the challenge only pertained to the review of the Selangor State Fatwa Committee, the Selangor Islamic Religious Council (MAIS), and the Selangor government’s exercise of certain legal powers, which is separate from the substance and contents of their decisions. She emphasized that the case, although involving a religious edict, was not about the substantive beliefs or administrative aspects of the religion of Islam.
The Chief Justice highlighted that in democracies with independent judiciaries, it is a routine process for the executive’s decisions to be subjected to judicial review. The focus is often on the decision-making process rather than the subject matter of the discretion exercised.
On Thursday, the Federal Court bench, in a 3-1 majority ruling, determined that the 2014 fatwa issued by the Selangor State Fatwa Committee and gazetted by the Selangor state government is valid, but only as it applies to individuals, not companies. The court concluded that a fatwa cannot be imposed on an organization like SIS Forum, as it cannot profess a religion.
The decision partially granted the appeal by SIS Forum and its co-founder Zainah Mahfoozah Anwar to invalidate the 2014 fatwa, which had labeled the group as deviating from Islamic teachings.
In the written judgment published on the judiciary’s website, Justice Tengku Maimun explained that the Selangor state government and the religious bodies are part of the executive branch, empowered by the Federal Constitution and laws passed by the Selangor State Legislative Assembly (SLA). She noted that while they handle matters concerning Islamic faith, dogma, and doctrine, these issues are not within the Civil Court’s purview.
Justice Tengku Maimun also stated that under Article 121 (1A) of the Federal Constitution, the Shariah Courts have exclusive jurisdiction over matters within their scope. However, if the Shariah Courts exceed their jurisdiction, they remain subject to judicial review by the Superior Courts. She emphasized that SIS Forum’s legal challenge was about the fatwa’s impact rather than its content, involving constitutional and administrative law matters for the Superior Courts to decide.
The Chief Justice reminded judges that Federal Court judgments are binding unless overturned by a later decision of the same court, and non-compliance is a breach of the justice system’s administration.
In the judgment, Tengku Maimun also mentioned that once gazetted, a fatwa carries the force of law and is binding on all Muslims in the state and the Shariah Courts.