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Malay Mail
3 hours ago
- Politics
- Malay Mail
Sultan of Selangor ‘sad and disappointed' over Federal Court's SIS fatwa ruling
SHAH ALAM, June 20 — The Sultan of Selangor, Sultan Sharafuddin Idris Shah, has expressed disappointment and sadness with regard to the Federal Court's decision. The court ruled that a 2014 fatwa issued by the Selangor Fatwa Committee does not apply to the Sisters in Islam (SIS) Forum Malaysia as an organisation or institution, but only to individuals. In a post on the Selangor Royal Office Facebook page, the ruler expressed his agreement with the statement issued by the Selangor Islamic Religious Council (Mais) regarding the court decision. Following this, the Sultan of Selangor, as the Head of Islam in the state, urged the SIS Forum Malaysia to cease using the term Sisters in Islam in any publication or platform associated with the organisation. This request was made to prevent the indiscriminate use of the term Islam for the benefit and interest of the organisation. 'His Majesty emphasised that the misuse of the term Islam in the name and publications of SIS Forum Malaysia can cause confusion among the Muslim community,' the post said. Earlier today, the Federal Court granted an appeal by SIS Forum Malaysia and its co-founder, Zainah Mahfoozah Anwar, challenging the 2014 fatwa issued by the Selangor Fatwa Committee. The fatwa had labelled the organisation as deviating from Islamic teachings. A four-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat, in a 3-1 majority decision, set aside the fatwa regarding its applicability to companies and institutions. Mais Chairman Datuk Salehuddin Saidin earlier said that the council disagrees with part of the Federal Court's ruling, particularly the decision that the fatwa dated July 31, 2014, applies only to individuals and not to SIS Forum Malaysia as an organisation or institution. He added that Mais had expressed sadness that the decision indirectly interferes with the process of issuing and applying fatwas related to Islamic law. 'Mais is also concerned that the Federal Court's majority decision in this case could open the door for irresponsible groups to hide behind the name of Islam in companies, organisations, or institutions to practise and spread deviant teachings, thereby evading enforcement action. 'If this situation continues, it will cause confusion and may undermine the faith of Muslims,' he said. Salehuddin said that Mais fully agreed with Justice Datuk Abu Bakar Jais' dissenting judgment, which asserted that the jurisdiction for resolving disputes concerning the fatwa lies with the Syariah Court based on the nature of the matter. 'He (Abu Bakar) also said that although the company in this case is not a natural person who can profess the religion of Islam, the company is still subject to the fatwa. 'This is based on the name SIS — Sisters in Islam, which clearly reflects an Islamic identity, and the company's activities involve publications and statements on matters related to Islam. This is further reinforced by the fact that the founders and directors of the company are Muslims,' he said. Salehuddin added that the dissenting judgment aligns with the arguments put forth by Mais in the case. This refers to the concept of an artificial person or 'syakhsiyyah i'itibariyyah' in Islamic jurisprudence, which permits actions to be taken against a company or organisation. He said that Mais will continue to work alongside other religious authorities in Selangor to monitor and enforce actions against deviant teachings that contradict Islam. Salehuddin also urged the Muslim community to avoid any involvement in or support for programmes linked to ideologies deemed deviant and contrary to Islam, such as liberalism and religious pluralism. 'Mais also reaffirmed its commitment to reviewing and taking appropriate action in collaboration with the Federal and State Governments, as well as state Islamic religious councils and with the support of the royal institutions, to strengthen existing laws and uphold the status of Islam in accordance with its position as the religion of the Federation,' he said. Salehuddin said Mais' position was conveyed to the Sultan of Selangor, who agreed with the contents of the statement issued by Mais concerning the court decision. — Bernama
Free Malaysia Today
14 hours ago
- Politics
- Free Malaysia Today
Selangor sultan urges SIS to cease using ‘Islam' in its name
Selangor Sultan, Sultan Sharafuddin Idris Shah, expressed disappointment with the Federal Court's decision earlier this morning. (Bernama pic) PETALING JAYA : The Sultan of Selangor, Sultan Sharafuddin Idris Shah, the head of Islam in the state, is urging women's rights group Sisters in Islam (SIS) to cease arbitrarily using the word 'Islam' in its name or in any of the company's publications, after the Federal Court quashed a religious edict issued by the state's authorities earlier today. SIS is a company limited by guarantee established under the Companies Act 1965. 'The word 'Islam' should not be arbitrarily used to benefit the company or for its interest,' Sultan Sharafuddin said. The statement was published on the Selangor Royal Office's Facebook page. The sultan also said the 'misuse' of the word 'Islam' in SIS's name and publications could cause confusion among the Muslim community. He also expressed agreement with the Selangor Islamic religious council's (Mais) statement responding to the apex court's decision. Mais had pointed out that the Federal Court also declared as unconstitutional the state provision which allowed it to ban and confiscate material related to 'liberalism' and 'religious pluralism'. The council said it respected but disagreed with the court's decision, claiming it was akin to interfering in the formulation and implementation of fatwas based on Islamic law. It also expressed concern that the decision would lead to 'irresponsible' groups using 'Islam' in the names of their organisations or entities while practising and spreading deviant Islamic teachings. Mais said it would continue to work with the state's religious authorities to monitor and take action on anyone spreading deviant teachings. In a majority decision earlier today, the Federal Court ruled that a fatwa could not be imposed on an organisation like SIS which could not 'profess' a religion. Chief Justice Tengku Maimun Tuan Mat said the phrase 'persons professing the religion of Islam' in the Federal Constitution refers exclusively to natural persons, not entities such as companies or organisations. Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim and Justice Nallini Pathmanathan formed the majority in the ruling while Justice Abu Bakar Jais dissented. SIS had sought to quash a 2014 fatwa by Mais that the NGO had deviated from the teachings of Islam by purportedly subscribing to 'liberalism' and 'religious pluralism'. The group contended that the fatwa was unconstitutional and could not be imposed on a corporate entity governed by civil law. It failed in its previous challenge of the fatwa in the lower courts between 2019 and 2023.
The Star
20 hours ago
- Politics
- The Star
Religious minister: Fatwas still crucial despite court's SIS ruling
PETALING JAYA: Fatwas remain an essential guide for Muslims in Malaysia, says Datuk Dr Mohd Na'im Mokhtar, even as the Federal Court ruled in favour of Sisters In Islam (SIS) Forum (Malaysia) in a long-standing legal battle over a 2014 Selangor religious edict. The Minister in the Prime Minister's Department (Religious Affairs) said the government respected the apex court's decision and would study its implications carefully to safeguard the credibility and role of fatwa institutions in the country. He said fatwas continue to play an important role in providing Syariah-based guidance on contemporary issues affecting the Muslim community. 'In light of this, strong cooperation between the judiciary, legislature and religious authorities is important to ensure the function and credibility of fatwa institutions are respected within our constitutional framework,' he said in a statement on Thursday (June 19). A fatwa is a religious edict or ruling issued by Islamic authorities to guide Muslims on matters of faith and practice. Earlier, the Federal Court, in a 3-1 majority decision, held that the SIS Forum, being a company, could not be subjected to the fatwa issued by the Selangor Islamic Religious Council, as only individuals professing Islam, not companies, fall under its purview. The panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, also ruled that the move to ban SIS publications or block their online platforms went beyond the jurisdiction of state religious authorities and should instead fall under federal laws governing media and communications. However, the court upheld the core of the fatwa, which declares liberalism and religious pluralism as deviant teachings in Islam, meaning it remains enforceable against individuals. Na'im said the Madani government remained committed to managing Islamic affairs fairly and in accordance with the principles of consultation, knowledge and the rule of law. He added that the government would continue to uphold the position of Islamic institutions in line with Article 3 of the Federal Constitution, which states that Islam is the religion of the Federation.
Free Malaysia Today
a day ago
- Politics
- Free Malaysia Today
Minister respects SIS ruling but says fatwas still vital for guiding Muslims
Religious affairs minister Na'im Mokhtar said fatwas remain essential to guiding Muslims on shariah matters. (Bernama pic) PETALING JAYA : Religious affairs minister Na'im Mokhtar says the Federal Court's decision in favour of Sisters in Islam (SIS) will be studied in detail to ensure that the authority of the country's fatwa institution is not undermined. Voicing respect for the court's ruling today, Naim nevertheless said that fatwas continued to play an important role in guiding Muslims on contemporary issues that require shariah-based direction. 'Strong cooperation between the judiciary, the legal system, and religious authorities is crucial to ensure that the function and authority of the fatwa institution continue to be respected within the framework of our country's constitutional system,' he said in a statement. Nai'm said the unity government remained committed to upholding the administration of Islamic affairs in Malaysia fairly, in accordance with the principles of syura (consultation), knowledge, and the rule of law. He also said that the government would continue to protect the role of Islamic institutions in line with Article 3 of the Federal Constitution, which recognises Islam as the religion of the federation. The court earlier today quashed a 2014 fatwa issued by the Selangor Islamic Religious Council, which labelled SIS as 'deviant' for allegedly promoting liberalism and religious pluralism. Chief Justice Tengku Maimun Tuan Mat, who led the panel, said that a fatwa could not be imposed on an organisation like SIS, which could not 'profess' a religion. She added that the phrase 'persons professing the religion of Islam' in the Federal Constitution refers exclusively to natural persons, not entities such as companies or organisations. SIS failed in its previous challenge of the fatwa in the lower courts between 2019 and 2023.
Free Malaysia Today
a day ago
- Politics
- Free Malaysia Today
SIS hails court ruling as milestone in keeping religious authorities accountable
The Federal Court today quashed a 2014 fatwa labelling Sisters in Islam 'deviant', in a ruling hailed as a win for constitutional rights and accountability. PETALING JAYA : Women's rights group Sisters in Islam (SIS) has hailed today's Federal Court ruling as a milestone in ensuring that religious authorities remain accountable to constitutional principles and the rule of law. The NGO said the landmark judgment, which quashed a 2014 fatwa issued by Selangor religious authorities, reaffirmed the supremacy of the Federal Constitution, the right to judicial review, and the principle that no institution, including those issuing fatwas, is above the law. 'This is not just a victory for SIS, but a win for all Malaysians who believe in due process, democratic oversight, and the inclusive spirit of Islam,' it said in a statement. SIS also maintained that when religious policies infringe on rights or discriminate, especially against women, citizens have the right to seek judicial review. 'This case is not about Islam, but about public law and public policy that must pass the test of public scrutiny,' it said. The NGO reiterated that its struggle 'was never an attack on Islam', but was a 'principled legal challenge to a process that lacked transparency, natural justice and faireness'. SIS had sought to quash the fatwa by the Selangor Islamic Religious Council that the NGO had deviated from the teachings of Islam by purportedly subscribing to 'liberalism' and 'religious pluralism'. It failed in its previous challenge of the fatwa in the lower courts between 2019 and 2023.
