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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
Daily Express
21-06-2025
- Politics
- Daily Express
SIS Forum appeal not concerned with substantive beliefs, doctrine of Islamic faith, says Federal Court
Published on: Saturday, June 21, 2025 Published on: Sat, Jun 21, 2025 By: Bernama Text Size: 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 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. Advertisement 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. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Barnama
21-06-2025
- Politics
- Barnama
SIS Forum Appeal Not Concerned With Substantive Beliefs, Doctrine Of Islamic Faith, Says Federal Court
PUTRAJAYA, June 21 (Bernama) — 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 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.
Barnama
20-06-2025
- Politics
- Barnama
Selangor Vows To Monitor Religious Liberalism, Pluralism To Safeguard Sanctity Of Islam
SHAH ALAM, June 20 (Bernama) -- The Selangor government will continue its efforts to monitor, detect, and enforce laws against any individual involved in promoting religious liberalism and pluralism, to safeguard the sanctity of Islam in the state. State Islamic Religious Affairs and Cultural Innovation Committee chairman Dr Mohammad Fahmi Ngah said the public is also encouraged to report to the Selangor Islamic Religious Department (JAIS) if there is evidence of any individual practising or spreading such beliefs. "Muslims in Selangor cherish their religion and will continue to defend its purity. The majority of Muslims in the state will not tolerate any individual, group, or institution attempting to undermine, distort, or confuse the beliefs, faith, understanding, and practices of the Muslim community in Selangor. "Islamic religious administration and management institutions in the state, such as the Selangor Islamic Religious Council (MAIS), JAIS, State Fatwa Committee and the State Executive Council, will continue to shoulder the responsibility of ensuring that the teachings of Islam remain strong, protected, and upheld in the state," he said in a statement today. The statement was issued in response to the Federal Court's decision yesterday in allowing an 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 Mohammad Fahmi also emphasised that, according to the fatwa, any individual who subscribes to the ideology of liberalism and religious pluralism is considered deviant and strays from the teachings of Islam. He agreed with the stance and concerns of MAIS that the Federal Court's decision could potentially open the door for certain parties to promote such ideologies among Muslims in Selangor through organisations, associations, companies, or other institutions. "These individuals should not be allowed to continue practising and spreading such ideology either openly or privately using the label 'Islam' to legitimise their activities and gain acceptance,' he said.
The Sun
20-06-2025
- Politics
- The Sun
Selangor vows to monitor religious liberalism, pluralism
SHAH ALAM: The Selangor government will continue its efforts to monitor, detect, and enforce laws against any individual involved in promoting religious liberalism and pluralism, to safeguard the sanctity of Islam in the state. State Islamic Religious Affairs and Cultural Innovation Committee chairman Dr Mohammad Fahmi Ngah said the public is also encouraged to report to the Selangor Islamic Religious Department (JAIS) if there is evidence of any individual practising or spreading such beliefs. 'Muslims in Selangor cherish their religion and will continue to defend its purity. The majority of Muslims in the state will not tolerate any individual, group, or institution attempting to undermine, distort, or confuse the beliefs, faith, understanding, and practices of the Muslim community in Selangor. 'Islamic religious administration and management institutions in the state, such as the Selangor Islamic Religious Council (MAIS), JAIS, State Fatwa Committee and the State Executive Council, will continue to shoulder the responsibility of ensuring that the teachings of Islam remain strong, protected, and upheld in the state,' he said in a statement today. The statement was issued in response to the Federal Court's decision yesterday in allowing an 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 Mohammad Fahmi also emphasised that, according to the fatwa, any individual who subscribes to the ideology of liberalism and religious pluralism is considered deviant and strays from the teachings of Islam. He agreed with the stance and concerns of MAIS that the Federal Court's decision could potentially open the door for certain parties to promote such ideologies among Muslims in Selangor through organisations, associations, companies, or other institutions. 'These individuals should not be allowed to continue practising and spreading such ideology either openly or privately using the label 'Islam' to legitimise their activities and gain acceptance,' he said. Yesterday, the Sultan of Selangor, Sultan Sharafuddin Idris Shah, expressed disappointment and sadness over certain aspects of the Federal Court's ruling regarding the fatwa issued by the Selangor Fatwa Committee. The ruling stated that the fatwa applied only to individuals and not to Sisters in Islam (SIS) Forum Malaysia, organisations or institutions. In this regard, the Sultan of Selangor as the Head of the Islamic Religion in Selangor urged that SIS Forum Malaysia no longer use the word 'Sisters in Islam' on any form of publication on any platform associated with organisation so that the word 'Islam' is not arbitrarily used for its benefit and interests.
