PUTRAJAYA: A five-judge panel of the Federal Court hearing an appeal by women’s rights group SIS Forum (Malaysia) and its co-founder to challenge a fatwa labelling it as deviant from Islamic teachings was on Monday (Dec 2) told that the civil courts can review fatwas on constitutional and statutory grounds.
Lawyer Datuk Malik Imtiaz Sarwar, representing SIS Forum, submitted that the Federal Court had ruled on the matter on several occasions since 2018, following the landmark decision in the case involving M. Indira Gandhi over the unilateral conversion of her children to Islam.
He pointed out that the Court of Appeal’s majority ruling that a fatwa is non-justiciable and cannot be reviewed by the courts did not follow the Federal Court’s earlier decision.
Malik, assisted by counsel A.Surendra Ananth, was submitting at SIS Forum’s appeal to quash a fatwa issued by the Selangor religious authorities in 2014 which had labelled it as deviant from the teachings of Islam.
He also said there was a breach of natural justice as SIS Forum had not been given the right to be heard before the fatwa was gazetted.
The Federal Court panel hearing the appeal comprised Chief Justice Tun Tengku Maimun Tuan Mat, Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Abu Bakar Jais and Datuk Abdul Karim Abdul Jalil.
The women’s rights group and its co-founder Zainah Mahfoozah Anwar had filed a judicial review seeking an order to quash the fatwa, but lost their case at the High Court in August 2019 and the Court of Appeal in March last year.
The Court of Appeal decided against them by a 2-1 majority decision.
They had named the Selangor State Fatwa Committee, the Selangor Islamic Religious Council (MAIS) and the Selangor government as respondents in their judicial review.
The fatwa, gazetted by the Selangor State government on July 31, 2014, had declared that SIS Forum, any individual, as well as groups that adopted the deviant ideologies of liberalism and pluralism, as deviating from the teachings of Islam.
It also ordered that any publications containing liberal and plural views of Islam should be banned and confiscated and further directed the Malaysian Communications and Multimedia Commission (MCMC) to censor social websites which go against Islamic teaching and laws.
During the hearing, lawyer Mohamed Haniff Khatri Abdulla, representing the fatwa committee, argued that a fatwa is not amenable to judicial review as it cannot be equated to delegated legislation.
He argued that SIS Forum could not nullify the fatwa because all legal procedures had been strictly followed, but there were other avenues available for SIS Forum to challenge it.
Lawyer Aidil Khalid, also representing the Fatwa Committee, submitted that the SIS Forum had been given the opportunity to be heard, where a dialogue with the state religious authorities was held before the fatwa was issued.
Lawyer Yusfarizal Yussoff represented MAIS, while Selangor State Legal adviser Datuk Salim Soib@Hamid represented the Selangor government.
The court adjourned the hearing to a date to be fixed later.- Bernama
