KUALA LUMPUR: The High Court today dismissed an application by Sisters In Islam (SIS) Forum (Malaysia) challenging the decision of the Selangor Fatwa Committee declaring the organisation as deviant and having deviated from the true teachings of Islam, ruling that fatwa (edict) is the exclusive jurisdiction of the Syariah Court.
Judge Datuk Nordin Hassan said the civil court has no jurisdiction to hear the judicial review application brought by SIS, its founder Zainah Mahfoozah Anwar and former minister in the Prime Minister’s Department Datuk Mohd Zaid Ibrahim, pursuant to Article 121A of the Federal Constitution.
“The civil court has no jurisdiction relating to hukum syarak of Syariah Law. In my view, the fatwa issue is related to Syariah Law and it is the exclusive jurisdiction under the Syariah Court,“ he said.
Nordin said the court also found that the decision of the issuance of the fatwa dated July 17, 2014, and gazetted on July 31, 2014, is not tainted with illegality and proportionality.
“The applicants’ application is dismissed with costs of RM10,000,“ he said.
The judge also said that Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 is an avenue to seek a judicial review against the fatwa committee in the Syariah High Court.
“There is no time frame to file a judicial review application in the Syariah Court, but within three months from the date of the decision,“ he said.
Nordin disagreed with the SIS argument that as a company, the state religious authorities have no power over them.
“The company and directors of the SIS Forum are Muslim and their activities relate to Islamic laws, the fatwa is applicable,” he said, adding that the company cannot be immune to the fatwa. — Bernama
