KUALA
LUMPUR: The High Court today ruled that only the Syariah Court has the power to
decide on the validity of the Selangor fatwa that labelled Sisters In Islam
(SIS) as a ‘deviant group.’
Judge
Datuk Hanipah Farikullah made this ruling in dismissing a legal challenge by
SIS Forum (Malaysia) and two others against the decision of the Selangor
Islamic Affairs Council (MAIS) and the Selangor Fatwa Committee to brand SIS as
deviating from Islamic teachings.
Hanipah
ruled that the civil court has no jurisdiction to hear the judicial review as
only the Syariah Court has exclusive jurisdiction to determine the validity of
a fatwa per Article 121(1A) of the Federal Constitution. Article 121(1A) states
that Malaysia's civil courts have no power to decide on matters within the
exclusive jurisdiction of the Syariah Courts such as issues of fatwa and
"aqidah"(faith). "That the applicants have no remedy in the
Syariah Courts does not give jurisdiction to the civil courts. "It is for
the legislators (lawmakers in parliament) to provide the remedy," said
Hanipah, adding that as a result she would not proceed to hear the merits of
the judicial review application. She then dismissed the legal bid.
Outside
court, counsel Datuk Malik Imtiaz, who acted for SIS Forum (Malaysia) and two
others, said his clients would appeal. Counsel Majdah Muda and Yusfarizal
Yussoff acted for MAIS and the Selangor Fatwa Committee, two of the respondents
in the matter. Assistant State Legal Advisors Haizam Irwan Toha and Naziah
Mokhtar appeared for the Selangor state government, a co-respondent.
On
Oct 31, 2014, SIS and two others - the group's co-founder Zainah Mahfoozah
Anwar and former minister in the prime minister's department Datuk Mohd Zaid
Ibrahim - had filed an application for a court order to revoke the fatwa
decision.
The
fatwa stated that SIS and any individual as well as groups which carried the
deviant ideologies of liberalism and pluralism as deviating from Islamic
teachings.
Read More :
http://www.nst.com.my/news/2016/06/154369/court-rejects-sisters-islams-legal-bid-against-deviant-group-label
