Sultan of Selangor ‘sad and disappointed' over Federal Court's SIS fatwa ruling
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
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