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Get Ready for the Federal Court's Decision on SIS's Challenge against Selangor Fatwa
KUALA LUMPUR, June 19 - Ladies' rights group Sisters in Islam (SIS) is holding its breath as the Federal Court prepares to decide whether it will remain branded "deviant" in Selangor, and whether its publications or website could potentially face seizure or blocking.
Today marks the end of a decade-long battle for SIS against a Selangor fatwa, with the Federal Court's five-judge panel, presided over by Chief Justice Tun Tengku Maimun Tuan Mat, expected to announce its verdict this morning.
So, what's all the fuss about? Here's the lowdown on what to expect:
1. Who is SIS?
SIS, founded in 1988 and operating through SIS Forum (Malaysia), champions reforms and advocates for women's rights. They also provide free legal advice to Muslims in Malaysia on their rights under Islamic family law and local Shariah criminal offenses.
2. What's the deal with the Selangor fatwa against SIS?
On July 31, 2014, the Selangor state government issued a fatwa declaring SIS Forum (Malaysia) and anyone who shares SIS's views on liberalism and religious pluralism as "deviants" from Islamic teachings. The fatwa also orders:
- Seizure of publications promoting liberalism and religious pluralism.
- Blocking of social websites that contradict Islamic teachings and Islamic law (hukum shariah).
- Repentance from individuals adhering to liberalism and religious pluralism.
Since the gazettement of the fatwa, it became enforced in Selangor.
3. What was SIS's request in their constitutional challenge?
In October 2014, SIS Forum (Malaysia) filed a court challenge to question the constitutionality and legality of the Selangor fatwa. They hoped for the following orders from the High Court:
- Recognition that the state's fatwa contradicts 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).
- Exemption of SIS Forum from the fatwa as it is a company, and Selangor Islamic authorities only have jurisdiction over individuals who practice Islam.
- Cancellation of the fatwa.
4. What did the High Court and Court of Appeal have to say?
In August 2019, the High Court dismissed SIS's challenge, ruling that civil courts have no jurisdiction to hear the case and that it should be handled by Shariah courts. The court maintained that the fatwa did not contravene federal laws and the Federal Constitution, and that it applied to SIS Forum since its directors are Muslim.
In March 2023, the Court of Appeal, in a 2-1 decision, also upheld the dismissal of SIS's challenge. However, SIS appealed to the Federal Court.
5. What's on the table for the Federal Court today?
Over two court sessions on December 2, 2024, and March 12, 2025, the Federal Court has been examining 10 complex questions about the Federal Constitution and other laws. Some of the key issues under consideration are:
- Should fatwas that are gazetted be considered subsidiary laws, opening the door for civil courts to review them?
- Did the Selangor fatwa committee follow the correct procedures when making fatwas, such as giving SIS a chance to voice their opinions first?
- Does the making of such fatwas infringe on the constitutionally protected right of freedom of expression?
- Can companies be treated as individuals professing Islam, and can fatwas be directed at them?
In short, the Federal Court is being asked to weigh in on whether fatwas can apply to companies like SIS Forum, check if Selangor adhered to proper procedures in issuing this fatwa, and whether the fatwa breaches fundamental rights such as equality, freedom of expression, and freedom of religion.
6. What about Section 66A?
Just months after SIS started its court challenge, Selangor amended a state law to introduce Section 66A that granted Selangor'sShariah courts the power to perform judicial reviews. The High Court in August 2019 cited Section 66A as an option for SIS to challenge the fatwa in the Shariah courts. SIS then filed another court case at the Federal Court to challenge Section 66A.
On February 21, 2022, the Federal Court declared Section 66A as invalid and unconstitutional, stating that Selangor lacked the authority to enact laws granting judicial review powers to Shariah courts and emphasizing that only civil courts possess such powers.
Since then, SIS's lawyers have used this ruling to argue that civil courts have the power to review fatwas based on constitutional matters and that companies cannot profess a religious belief.
7. Why is this case significant?
Today's Federal Court decision will set a crucial precedent on the boundaries between state religious authorities, companies, and civil society in Malaysia. SIS maintains that it filed this challenge not to undermine Islam but to safeguard its constitutional rights, uphold justice, and instill the inclusive values of Islam[1][5]. Win or lose, this battle for justice illuminates the ongoing struggles for religious tolerance and equality in Malaysia.
Sources:
[1] https://www.malaysiakini.com/news/623381[2] https://bangkokpost.com/region/asean/1965904/malaysias-sisters-group-sues-selangor-over-deviant-edict[3] https://www.thestar.com.my/news/nation/2019/09/03/court-to-hear-sisters-in-islam-case-on-fatwa-challenge-sabri-tells-lawyers[4] https://www.malaysiakini.com/news/655315[5] https://www.malaysiakini.com/news/651630
1. The government of Malaysia faces a court ruling in Kuala Lumpur that could set a significant precedent on the relationship between state religious authorities, companies, and civil society.
2. Sisters in Islam (SIS), a Malaysian organization advocating for women's rights, has been embroiled in a decade-long battle with the Selangor state government over a fatwa.
3. If SIS's constitutional challenge against the Selangor fatwa is successful, it could potentially influence policy-and-legislation regarding law, religion, and politics in Malaysia.
4. The Federal Court's decision will determine whether SIS, as a company, can be considered a deviant from Islamic teachings and subject to the Selangor fatwa.
5. General news outlets across Malaysia will cover the Federal Court's verdict closely, as it will have implications for freedom of expression, freedom of religion, and the role of government in regulating religious matters.
