SIS Forum Appeal Not Concerned With Substantive Beliefs, Doctrine Of Islamic Faith, Says Federal Court
Chief Justice Tun Tengku Maimun Tuan Mat said the challenge only concerned the review of the Selangor State Fatwa Committee, the Selangor Islamic Religious Council (MAIS) and the Selangor government's exercise of certain powers under the law, which is distinct from the substance and contents of their decisions.
'While it concerns a certain fatwa (religious edict), the case has neither to do with the substantive beliefs held in the religion of Islam nor does it have anything to do with the administration of the substantive aspects of the religion of Islam,' she said in the 40-page majority judgment.
The top judge said in all civilised democracies with independent judiciaries, it is routine for the executive's decisions to be subjected to judicial review and in most cases, the subject matter of the exercise of discretion in the plaint is not the main issue rather the manner in which the decision was made.
On Thursday, the Federal Court bench, in a 3-1 majority ruling, held that the 2014 fatwa issued by the Selangor State Fatwa Committee and gazetted by the Selangor state government is valid, but only insofar as it applies to individuals, not companies.
The court ruled that a fatwa cannot be imposed on an organisation like SIS Forum as it is not capable of professing a religion.
The ruling partially allowed the appeal by SIS Forum and its co-founder Zainah Mahfoozah Anwar to quash the 2014 fatwa, which had declared the group as deviating from Islamic teachings.
In the written judgment released on the judiciary's website, Justice Tengku Maimun explained that the Selangor state government and the religious bodies are part of the executive branch and are empowered by the Federal Constitution and laws passed by the Selangor State Legislative Assembly (SLA).
'The fact that they deal with matters pertaining to Islamic faith, dogma and doctrine – are beside the point and these matters are, in any event, not within our purview (of the Civil Court),' she said.
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