Latest news with #fatwa
Malay Mail
11 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
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.
Malay Mail
a day ago
- Politics
- Malay Mail
Federal Court declares Selangor fatwa partially invalid, no more ‘sesat' or deviant label for SIS
PUTRAJAYA, June 19 — Muslim women's rights group Sisters in Islam (SIS) today won its nearly 11-year-long court challenge against a Selangor fatwa, which means that its company — SIS Forum (Malaysia) — is no longer labelled 'sesat' or deviant from Islamic teachings. Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the Federal Court's five-judge panel, read out the majority judgment which quashed parts of the Selangor fatwa. The Selangor fatwa, issued in 2014, had four paragraphs: 1. SIS Forum (Malaysia) and any individual, organisation or institution who hold on to 'liberalism and religious pluralism' as 'deviants' from Islamic teachings. 2. Any publications with elements of liberalism and religious pluralism should be banned and can be seized. 3. The Malaysian Communications and Multimedia Commission (MCMC) is to block social websites that go against Islamic teachings and hukum syarak (Islamic law). 4. Any individuals holding on to liberalism and religious pluralism should repent and return to Islam. Now, the Federal Court said the first paragraph was only valid for the part where it referred to individuals (and which means that the parts referring to SIS Forum, organisation and institution are no longer valid), and the second and third paragraphs are also invalid, while the fourth paragraph remains valid. The two other judges on the panel who supported the majority judgment are President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Tan Sri Nallini Pathmanathan. Federal Court judge Datuk Abu Bakar Jais was the only judge who dissented, and read out his minority judgement where he gave his opinion that the Shariah courts should be the one to decide on the legality of the fatwa. Federal Court judge Datuk Abdul Karim Abdul Jalil had also sat on the panel but is now retired. Recommended reading: 'Deviant' or not? Sisters in Islam awaits Federal Court verdict today on Selangor fatwa MORE TO COME
Malay Mail
2 days ago
- Politics
- Malay Mail
‘Deviant' or not? Sisters in Islam awaits Federal Court verdict today on Selangor fatwa
Today, Federal Court to decide on Sisters in Islam's challenge against Selangor fatwa labelling it deviant KUALA LUMPUR, June 19 — Muslim women's rights group Sisters in Islam (SIS) will find out today whether it will remain labelled 'deviant' in Selangor, and whether its publications risk seizure or its website could be blocked. For more than 10 years, SIS has been challenging a Selangor fatwa which labels it as deviant, and this court battle will finally come to an end today at the Federal Court. The Federal Court's five-judge panel, chaired by Chief Justice Tun Tengku Maimun Tuan Mat, is expected to deliver its decision this morning on whether the Selangor fatwa is valid and applies to SIS. Here's a quick guide to all you need to know ahead of today's upcoming decision: 1. What is SIS? SIS, founded in 1988 and which operates through the company SIS Forum (Malaysia), is known for pushing for law reforms and promoting women's rights. It has also been giving free legal advice to Muslims in Malaysia on their legal rights under Islamic family law and local laws on Shariah criminal offences. 2. What does the Selangor fatwa against SIS say? On July 31, 2014, the Selangor state government gazetted a fatwa which declared SIS Forum (Malaysia) and any individual, organisation or institution who hold on to 'liberalism and religious pluralism' as 'deviants' from Islamic teachings. The fatwa also says: Any publications with elements of liberalism and religious pluralism should be banned and can be seized. The Malaysian Communications and Multimedia Commission (MCMC) is to block social websites that go against Islamic teachings and hukum syarak (Islamic law). Any individuals holding on to liberalism and religious pluralism should repent and return to Islam. Since the fatwa or religious edict was gazetted, it became legally-binding in Selangor. 3. What did SIS want in its constitutional challenge? On October 31, 2014, SIS Forum (Malaysia) filed for judicial review in the civil courts to challenge the constitutionality and legality of the Selangor fatwa. The court challenge named three respondents: the Selangor Fatwa Committee, the Selangor Islamic Religious Council (Mais) and the Selangor state government. In short, here are the court orders that SIS Forum (Malaysia) wanted the High Court to make: to declare the state's fatwa goes against federal laws (Printing Presses and Publications Act 1984's Section 7 and the Communications and Multimedia Act's Section 3) and the Federal Constitution (Article 5, 8, 10, 11) to declare that the fatwa cannot apply on SIS Forum as it is a company, and as the Selangor Islamic authorities only have jurisdiction over individuals professing the religion of Islam to quash or cancel the fatwa. 4. What did the High Court and Court of Appeal say? On August 27, 2019, the High Court dismissed SIS Forum's fatwa challenge as it ruled that the civil courts have no jurisdiction to hear the case, and that the Shariah courts should be the one to hear and decide it. The High Court also said the fatwa did not go against federal laws and the Federal Constitution, and that the fatwa applies to SIS Forum even though it is a company as its directors are Muslim. On March 14, 2023, the Court of Appeal in a 2-1 decision also dismissed SIS Forum's fatwa challenge, with the majority agreeing with the High Court. Following those court rulings, SIS Forum appealed to the Federal Court. 5. What the Federal Court was asked to decide today Over two days of hearings on December 2, 2024 and on March 12, 2025, the Federal Court was asked to consider 10 complex questions about the Federal Constitution and other laws. Some of the key issues covered by these questions are whether fatwas that are gazetted would become subsidiary laws, and whether the civil courts would then have the power to review the constitutionality and legality of gazetted fatwas. Other issues covered are the procedures that the Selangor fatwa committee should follow under a 2003 Selangor state law when making fatwas, such as whether it should have given SIS the opportunity to be heard first, and if the making of such fatwas cannot restrict or prohibit the constitutionally-guaranteed right of freedom of expression. Other key issues are on whether companies can be treated as persons professing the religion of Islam, and whether the Selangor Fatwa Committee has the power to include directives — such as to ban publications and to block websites — to the federal government or the state government when making fatwas. In short, the Federal Court was asked to consider if fatwas can apply to companies like SIS Forum, and if Selangor had followed procedures in making this fatwa and if the fatwa goes against constitutional rights such as equality, freedom of expression, freedom of religion. 6. What about that other Federal Court decision? And what is Section 66A about? Just months after SIS started its judicial review case in the civil courts to challenge the fatwa, Selangor amended a state law to introduce Section 66A to give Selangor's Shariah courts the power to carry out judicial reviews. The High Court in August 2019 had actually mentioned Section 66A as enabling SIS to apply for a judicial review of the fatwa in the Shariah courts, while also ruling that it is the Shariah courts that have the power to review the Selangor fatwa against SIS. SIS then filed a separate court case at the Federal Court to challenge Section 66A. On February 21, 2022, the Federal Court declared Section 66A as invalid and unconstitutional as it said Selangor does not have the powers to make the law to give judicial review powers to Shariah courts, and also made it clear that only civil courts have judicial review powers. SIS's fatwa challenge then continued on, and its lawyers have also relied on the Federal Court's 2022 decision to say that civil courts have the power to review fatwas based on constitutional matters and that companies cannot profess a religion. 7. Why is the SIS court challenge important? Today, the Federal Court will have a chance to make clear whether state religious authorities can apply fatwas on companies, and also the scope of powers and role played by state religious authorities as well as the procedures required, among other things. In a list of Frequently Asked Questions (FAQ) provided to the media earlier this week, SIS explained that it filed the judicial review 'not to challenge Islam', but to defend its constitutional rights as a civil organisation and to uphold justice in line with Islamic values. 'This case is not simply about a single fatwa or one organisation — it is a landmark test of constitutional boundaries affecting the rule of law in Malaysia,' SIS explained in its compilation of information about the case.
