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Malay Mail
23-06-2025
- Politics
- Malay Mail
Simplified: Why SIS won its Selangor fatwa challenge at Federal Court in 3-1 ruling
KUALA LUMPUR, June 24 — The Federal Court last Thursday in a 3-1 decision ruled that Selangor's 2014 fatwa could not be used against SIS Forum (Malaysia) as it is a company, which means the fatwa no longer labels it as 'sesat' or deviant from Islamic teachings. Want to know why and how the Federal Court came to this decision? Read on for a quick summary: But first, how does the Federal Court decision impact SIS? Selangor's 2014 fatwa said: SIS Forum (Malaysia) and any individual, organisation, institution with 'liberalism and religious pluralism' beliefs are 'deviant' from Islamic teachings; any publication with liberalism and religious pluralism elements should be banned and can be seized; the Malaysian Communications and Multimedia Commission (MCMC) should block social sites that go against Islamic teachings and Islamic law; any individual who holds on to liberalism and religious pluralism beliefs should repent and return to Islam. Muslim women's rights group Sisters in Islam (SIS) operates through the company SIS Forum (Malaysia). Because of Selangor's fatwa, SIS was at risk of having its publications seized and its social media accounts blocked. Now, the Federal Court has decided that the Selangor fatwa does not apply to companies such as SIS Forum, and that the state-issued fatwa also cannot direct federal agencies to block social media accounts. The Federal Court made this decision through its majority ruling by three judges, while one judge disagreed. Here's a simplified summary which highlights some of the main points in the full 40-page majority judgment: Look, it's not about religion, but about the Federal Constitution and administrative law Although the SIS Forum court case involves a fatwa, the Federal Court said it was not making any decisions about Islamic beliefs, Islamic law or the religion. For example, the Federal Court made no comments on whether the Selangor fatwa was correct according to Islamic law, such as whether or not 'liberalism and religious pluralism beliefs are deviant from Islamic teachings'. Lawyers representing the Selangor fatwa council and Selangor Islamic religious council (Mais) hold a press conference at the Palace of Justice in Putrajaya on June 29, 2025. — Picture by Choo Choy May . The Federal Court said this was because that phrase is an Islamic law matter, and that it would come under the jurisdiction of the Selangor fatwa committee and the Shariah courts. Instead, the Federal Court was looking at whether Selangor had acted within its powers under the Federal Constitution when it issued the fatwa. The three key points from the Federal Court's majority 1. Only the civil courts have powers to decide on Federal Constitution and judicial review SIS Forum's constitutional challenge was filed in the civil courts, and both the High Court and Court of Appeal previously said the Shariah courts should decide the case. After analysing the Federal Constitution's Article 121 and 121(1A) and based on a long list of past Federal Court decisions, the Federal Court made it clear that: only the civil courts can interpret the Federal Constitution's provisions and all laws (including state laws); the civil courts are the one with judicial review powers So the Federal Court was saying it could decide on this court 2. Can a company be treated as a 'person professing the religion of Islam'? The Federal Court said no. It said only individuals are able to 'profess' the religion of Islam, as companies cannot do things such as fasting in the Ramadan month or performing the Muslims' holy pilgrimage (hajj). Previously, the Federal Court had in two other cases in 1998 and 2022 also decided that companies cannot or are incapable of professing a religion. Why is this important? This is because the Federal Constitution gives states like Selangor the power to make laws on 'persons professing the religion of Islam'. That is why the Federal Court said Selangor's 2014 fatwa is only valid when it refers to individuals, and another part of the fatwa — which labelled SIS Forum, organisations and institutions as deviant — is invalid. 3. Directing federal bodies to take action goes beyond a state's powers Based on Malaysia's two federal laws (the Printing Presses and Publications Act (PPPA) and the Communications and Multimedia Act (CMA)), it is the federal authorities that have the power to control publications. The Federal Court said the Selangor fatwa had clearly ordered the seizure of publications and also instructed federal body MCMC to take action on social media platforms. But Selangor had gone beyond the state's powers, as it was intruding into federal law and federal powers with such orders in the fatwa. The Federal Court confirmed Selangor does not have the power to include directives or orders — to the federal government's agencies — when the state makes fatwas. The Federal Court declared that these parts of the Selangor fatwa had gone against the two federal laws (PPPA and CMA). Sisters in Islam and its supporters celebrate after the Federal Court's decision at the Palace of Justice in Putrajaya, on June 20, 2025. — Picture by Choo Choy May Conclusion In other words, the Federal Court said only these two parts of the Selangor fatwa are still valid: Any individual who holds on to liberalism and religious pluralism beliefs are deviant from Islamic teachings, Any individual who holds on to liberalism and religious pluralism beliefs should repent and return to Islam. Read the full majority judgment here. What the dissenting Federal Court judge said The minority judgment's main point was that the Shariah courts are the ones that have the power to decide on the validity of a fatwa, and not the civil courts. The dissenting judge also gave his view that a fatwa can still be binding on companies especially in the SIS Forum case, and also said that the Shariah court should decide issues such as whether the Selangor fatwa had breached the two federal laws. Read the full minority judgment here. Recommended reading: •'Deviant' or not? Sisters in Islam awaits Federal Court verdict today on Selangor fatwa • Federal Court declares Selangor fatwa partially invalid, no more 'sesat' or deviant label for SIS
Malay Mail
23-06-2025
- Politics
- Malay Mail
Selangor Mufti defends fatwa against liberalism, says SIS court win doesn't affect individual Muslims
SHAH ALAM, June 23 — The concepts of liberalism and religious pluralism contravene the true teachings of Islam and may lead to deviations in faith and confusion within the Muslim community, according to Selangor Mufti Datuk Dr Anhar Opir. He said that although the recent Federal Court ruling stated that the fatwa dated July 31, 2014, does not apply to Sisters in Islam (SIS) Forum Malaysia as an organisation, the fatwa remains valid and binding for individual Muslims. The mufti explained that the decision does not undermine the fatwa's legitimacy with regard to individuals or the prohibition on any Muslim embracing pluralism, liberalism, or any other beliefs contrary to Islamic teachings. The fatwa was issued in accordance with Syariah law requirements and the Maqasid Syariah principles, including the preservation of religion, intellect, and lineage. 'Our department stands firmly with the Selangor Islamic Religious Council and respectfully supports the Sultan of Selangor's expression of disappointment regarding the Federal Court's recent decision, which stated that the fatwa does not apply to SIS Forum Malaysia due to the fact that it is an organisation, association, company or institution, but instead only applies to individuals. 'However, our department respects the rule of law and judicial decisions made by the Federal Court as the highest judicial institution in the country's legal system,' he said in a statement. In this regard, Anhar advised Muslims not to be influenced by misguided ideas promoting liberalism and religious pluralism under the guise of freedom or human rights propagated through social media, writings, and open forums. He stressed that true Islamic law should be the benchmark, not merely human logic, as the latter could jeopardise one's faith. The Mufti Department also reiterated its commitment to supporting authorities, non-governmental organisations, and individuals in monitoring and correcting any deviant teachings, beliefs, or ideologies that contradict the true Islamic teachings. Prior to this, the Sultan of Selangor, Sultan Sharafuddin Idris Shah, urged SIS Forum Malaysia to stop using the term 'Islam' in any of its publications, as misuse of the term could confuse the Muslim community. On June 19, the Federal Court allowed the appeal by SIS Forum Malaysia and its co-founder Zainah Mahfoozah Anwar, in their legal challenge against a fatwa issued in 2014 by the Selangor Fatwa Committee declaring the organisation to have deviated 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, insofar as it applied to companies and institutions. — Bernama
The Star
22-06-2025
- Politics
- The Star
Education an effective approach to address drug issue, says Deputy Minister
KOTA BHARU: Education is among the most effective approaches in the fight against drug abuse in the country, said Deputy Minister in the Prime Minister's Department (Religious Affairs) Dr Zulkifli Hasan. He said that based on observations and studies conducted, individuals with higher education are less likely to be involved in drug abuse. "We already have the National Social Council that addresses this issue in a compressive manner…education remains the most crucial factor in preventing and eradicating drug abuse. "If possible, we want to ensure as many children as possible receive the highest level of education so that they can secure employment. "When a person is employed, they are more likely to be occupied with positive pursuits,' he said during the Bicara Qiadi session at the 2025 National Leadership Gathering, hosted by the Education Ministry's Islamic Education Sector at Pantai Cahaya Bulan on Saturday (June 21) night. On June 18, Prime Minister Datuk Seri Anwar Ibrahim expressed concern over the rampant drug and vape abuse among youths, particularly young Malays, stressing that the matter needs a comprehensive solution involving various approaches, including counselling and religious outreach (dakwah). Meanwhile, when asked to comment on the meeting involving all religious agencies and institutions under the ministry regarding the issue of Sisters in Islam (SIS), Zulkifli said: "We've referred the matter to the minister's office, (the outcome of the meeting) was positive because the discussion took into account a comprehensive perspective," without explaining further. On Thursday (June 19), a Federal Court panel, in a 3-1 majority decision, ruled that the fatwa issued by the Selangor Fatwa Committee in 2014, which the Selangor government subsequently gazetted, is valid but applies only to individuals, not to companies. The court ruled that a fatwa cannot be enforced against an organisation such as SIS Forum, as it does not possess the capacity to profess or embrace any religion, which effectively allowed part of the appeal filed by SIS Forum and its co-founder, Zainah Mahfoozah Anwar, to nullify the 2014 fatwa which declared the group as deviant from Islamic teachings. - Bernama
Borneo Post
21-06-2025
- Business
- Borneo Post
SIS did not use ‘Islam' in company registration, says minister
Armizan (third right) presenting an SSM CSR contribution to one of the recipients. KOTA KINABALU (June 21): A check has confirmed that women's rights group Sisters in Islam (SIS) did not use the word 'Islam' in its official company registration, said Domestic Trade and Cost of Living Minister Datuk Armizan Mohd Ali. Armizan said the organisation was registered in 1993 as a Company Limited by Guarantee (CLBG) under the name SIS Forum (Malaysia) in accordance with the Companies Act 2016. He explained that under the Act, the word 'Islam' is considered a controlled term. Any company wishing to use it must seek clearance from the Department of Islamic Development Malaysia (Jakim). 'From Domestic Trade and Cost of Living Ministry's jurisdiction, specifically through the Companies Commission of Malaysia (SSM), the registered name was SIS Forum (Malaysia) and did not include the word 'Islam'. Therefore, we did not refer the matter to Jakim,' he said at a press conference after launching the Sabah-level 2025 Digital Business Programme at Universiti Malaysia Sabah on Saturday. Armizan also disclosed that a total of 77,546 companies have been incorporated and 1,676 Limited Liability Partnerships (LLPs) registered across Sabah to date. He said the figures were based on Companies Commission of Malaysia (SSM) statistics as of May 31 this year. 'This total does not include companies registered under the state's own legal framework, namely the Trade Licencing Ordinance 1948. Of the overall total, 31,110 companies and 1,510 LLPs are currently active. 'In Kota Kinabalu alone, 39,525 companies have been incorporated and 1,118 LLPs registered during the same period, of which 15,331 companies and 1,003 LLPs are active,' he said. He said PPP25 is a new initiative by SSM aimed at supporting the business development agenda for B40 entrepreneurs and aspiring business owners through digitalisation. 'The main focus is to provide participants with exposure to the benefits and importance of digitalisation in expanding markets, enhancing productivity, and improving product quality. 'The use of digital technology such as media and e-commerce platforms not only increases operational efficiency but also opens up wider market access, both locally and internationally,' he added. The Sabah programme marks the first of three PPP25 series planned for this year, with the remaining two to be held in Penang and Terengganu. During the event, SSM also presented Corporate Zakat Wakalah (WZK) contributions worth RM107,518 and Corporate Social Responsibility (CSR) donations totaling RM45,000 to underprivileged recipients.
The Star
21-06-2025
- Politics
- The Star
SIS Forum appeal not concerned with substantive beliefs, doctrine of Islamic faith, says Federal Court
PUTRAJAYA: The appeal by Sisters in Islam (SIS) Forum (Malaysia) does not concern the substantive beliefs in the religion of Islam, its mandates or doctrines relating to the Islamic faith but relates to the exercise of legal powers by certain state authorities, says the Federal Court in its judgment. Chief Justice 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 (June 19), 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. Justice Tengku Maimun said that under Article 121(1A) of the Federal Constitution, the Shariah Courts have exclusive jurisdiction over matters within their scope. However, if the Shariah Courts act beyond their jurisdiction, they remain subject to judicial review by the Superior Courts. She reiterated that SIS Forum's legal challenge did not question the contents of the fatwa but the way it affected them. This, she said, involved constitutional importance and administrative law, which is for the Superior Courts to determine. The Chief Justice also reminded all judges that judgments of the Federal Court, unless overruled by a later decision of the same court, are binding and failure to abide by them is an affront to the administration of the justice system. In the judgment, Tengku Maimun also said a fatwa, once gazetted, carries the force of law and is not mere suggestion, and it is binding on all Muslims in the state and the Shariah Courts. - Bernama
