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.
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