Latest news with #SistersinIslam
The Star
5 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.
Malaysiakini
8 hours ago
- Politics
- Malaysiakini
Was majority decision on SIS absolutely correct?
COMMENT | In 2014, the Selangor government gazetted a fatwa which, inter alia, declared that Sisters in Islam (SIS), individuals, organisations and institutions that adopt ideologies of liberalism and pluralism are deviant and against the teaching of Islam. The state fatwa committee prepared the fatwa. Being aggrieved by the aforesaid fatwa, SIS and its founder,...
Malaysiakini
19 hours ago
- Politics
- Malaysiakini
Selangor sultan urges SIS to drop 'Sisters in Islam' from publications
The Selangor Sultan has expressed disappointment and regret over part of the Federal Court's ruling in favour of rights group Sisters in Islam (SIS), urging the NGO to stop using 'Sisters in Islam' in its publications. In a statement posted on his official Facebook page, Sultan Sharafuddin Idris Shah said that the 'misuse' of the word 'Islam' in the name and publications of SIS Forum (Malaysia) could cause confusion among the Muslim community.
Malaysiakini
19 hours ago
- Politics
- Malaysiakini
SIS fatwa: Apex court rules only people, not companies can be declared deviant
The Federal Court has ruled that the Selangor religious authorities were wrong to issue a fatwa declaring the Sisters in Islam (SIS) organisation as deviant and contrary to Islamic teachings. In a 3-1 majority decision, the panel of four judges chaired by Chief Justice Tengku Maimun Tuan Mat allowed the women's rights group's appeal to overturn the 2014 fatwa against it.
New Straits Times
19 hours ago
- Politics
- New Straits Times
Selangor Sultan calls for SIS to stop using 'Islam' in name
SHAH ALAM: The Sultan of Selangor has expressed disappointment over a Federal Court ruling that a 2014 fatwa does not apply to Sisters in Islam Forum (Malaysia), a company, but only to individuals. In a statement on the Selangor Royal Office's Facebook page, Sultan Sharafuddin Idris Shah said the use of the word "Islam" by SIS Forum (Malaysia) could confuse Muslims. "In relation to the Federal Court decision, Sultan of Selangor as the head of islamic religion in Selangor urges that SIS Forum (Malaysia) no longer use the term 'Sisters in Islam' in any form of publication on any platform associated with their company. "This is to ensure that the word 'Islam' is not used arbitrarily for the benefit and interest of the company," read the statement. Meanwhile, the Selangor Islamic Religious Council in a statement, expressed that while it respects the decision of the Federal Court, it does not agree with certain parts of the ruling. Its chairman Datuk Salehuddin Saidin said the Council is saddened because the Federal Court's decision has, albeit indirectly, interfered with the process of issuing and applying fatwa related to matters of Islamic law. "Mais also expresses concern that the majority decision of the Federal Court in this case may open the door for certain irresponsible groups to hide behind the name of Islam through a company, organisation, or institution in order to practice and propagate deviant teachings contrary to Islamic principles, thereby evading enforcement action. "In addition, if this matter is left unchecked, it could cause confusion and potentially jeopardise the faith of Muslims," he said in the statement. Further commenting, Salehuddin stated that Mais nonetheless agrees with and fully supports the dissenting judgment delivered by Judge Datuk Abu Bakar Jais, who held that the jurisdiction to decide disputes concerning fatwas lies within the Syariah Court based on the subject matter approach. "He also stated that although the company involved in this case is not a 'orang sebenar (natural person)' capable of professing the religion of Islam, it is still subject to the fatwa. "This is based on the name SIS, 'Sisters in Islam', which clearly carries an Islamic identity, as well as the company's activities, which include publishing materials and making statements on matters related to Islam. "This is further supported by the fact that the company's founders and directors are Muslims," he added. Earlier, the Federal Court in a landmark decision today ruled that a Selangor fatwa declaring liberalism and religious pluralism as deviant cannot be applied to SIS Forum (Malaysia), a company limited by guarantee, as it is not a natural person professing the religion of Islam.
