The Federal Court today upheld the decisions of the High Court and Court of Appeal to lift the ban on the book published by Sisters in Islam, titled Muslim Women and the Challenge of Islamic Extremism. .

muslim women and the challenge of islamic extremism noraini othman The decision was arrived at by a five-member bench headed by Federal Court judge Justice Hashim Yusof.

The other judges were Federal Court judges Suriyadi Halim Omar, Ahmad Maarop, Zaleha Zahari, and Zainun Ali.

Hashim said the grounds provided by the government did not meet the requirements for leave to be granted.

"Hence, the appeal is dismissed and no order is made as to costs," he said.

SIS was represented by Malik Imtiaz Sarwar, K Shanmuga, Fahri Azzat, Jenine Gill and Aston Paiva, while the Home Ministry and the government were represented by senior federal counsel Noor Hisham Ismail and Shamsul Bolhassan.

syed hamid albar 170608 talking The book was banned by the then Home Minister Syed Hamid Albar ( left ) in 2008 and in its suit SIS named the former minister and the Home Ministry as the respondents.

The Home Ministry's publications unit on July 31, 2008, banned the book for being "prejudicial to public order", despite the publication being in the market since 2005.

After attempts by SIS to overturn the ban failed, it filed a judicial review application in the High Court in Kuala Lumpur on Dec 15, 2008.

The book is a compilation of essays based on research carried out by renowned international scholars and activists and was edited by Prof Noraini Othman.

Then KL High Court judge Justice Mohamad Ariff Mohd Yusof (now Court of Appeal judge) lifted the ban in 2010 on the grounds that the book was not a threat to public security.

Appellate court says ban irrational

SIS in a statement welcomed the Federal Court's decision to dismiss the Home Ministry's appeal, saying this signalled the judiciary's firm commitment to upholding fundamental liberties as enshrined in the federal constitution.

Court of Appeal judge Abdul Wahab Patail, in upholding the High Court decision, also criticised the government's ban as “an outrageous defiance of logic that falls squarely within the meaning of unreasonableness and irrationality”.

Justice Abdul Wahab in making the decision also said the Islamic Advancement Department (Jakim), did not address the issue on how the book was “prejudicial to public order”.

SIS noted in its statement that Justice Mohamad Ariff rightly pointed out in 2010 that the book was academic in nature.

“The book highlights areas and approaches that are problematic with regard to the administration of Islam in Malaysia, in particular the implementation of the Islamic Family Law and the syariah criminal laws, and their impact on the rights of Muslim women.

“As citizens of a democratic country, Muslim women have the right to discuss how laws and policies impact their everyday lives, especially in ways that are discriminatory and harmful and seek ways to redress the injustice caused,” the SIS statement added.