SIS fatwa: Apex court rules only people, not companies can be declared deviant

Summary

• Federal Court partially overturns 2014 fatwa against SIS.

• Top court upholds the part of the fatwa declaring individuals who subscribe to liberalism and pluralism as deviant but struck out orders to ban publications and block social media platforms.

The Federal Court has ruled that the Selangor religious authorities were wrong to issue a fatwa declaring the Sisters in Islam (SIS) organisation as deviant and contrary to Islamic teachings.

In a 3-1 majority decision, the panel of four judges chaired by Chief Justice Tengku Maimun Tuan Mat allowed the women’s rights group’s appeal to set aside the appellate court and High Court’s decisions on a 2014 fatwa.

The court said the Federal Constitution only gives power to the authorities over "persons professing the religion of Islam," not companies.

"We found that the term 'persons professing the religion of Islam' that is applied in Item 1 can only refer to natural persons and not artificial persons like a company," Tengku Maimun said.

However, part of the fatwa was upheld with the court ruling it was within the Selangor religious authorities' purview to issue the fatwa declaring any individual who subscribed to liberalism and religious pluralism as deviant and contrary to Islamic teachings.

Item 1 mentioned refers to a provision stated in List 2 - State List under the Ninth Schedule of the Federal Constitution, which stipulates Syariah Courts power "only over persons professing the religion of Islam".

In their ruling, the court said any company, organisation or institution is surely run by individuals and thus the individuals will have to bear the responsibility for any action by the entity that violates the fatwa.

"The responsibility over any violation of the fatwa is on the shoulders of the individuals who run the company, organisation or institution.

"This opinion was strengthened by Paragraph 4 of the fatwa, which requires any individual who subscribes to liberalism and pluralism to repent and return to the way of Islam," the court said.

2014 fatwa

On July 31, 2014, the Selangor state government gazetted a fatwa prepared by the state fatwa committee, which stated:

1. SIS, individuals, organisations and institutions that adopt ideologies of liberalism and pluralism are deviant and against the teaching of Islam.

2. Any publication that contains elements of liberalism and pluralism shall be banned and can be confiscated.

3. MCMC shall block social media platforms that contain elements that are against Islamic teaching and rulings.

4. Any individual who subscribes to liberalism and pluralism shall repent and return to the way of Islam.

Following this, the women's empowerment group and its founder, Zainah Mahfoozah Anwar, filed a judicial review to quash the Selangor religious bodies' fatwa.

The High Court dismissed SIS' application on Aug 27, 2019, and they filed an appeal. The Court of Appeal later held that the fatwa issued did not constitute a final decision and, therefore, could not be challenged by way of judicial review.

No purview on 2 other parts

According to the summary judgment on today's ruling, the apex court bench also quashed two parts of the fatwa where the religious authorities ordered the banning of publications and for MCMC to block social media platforms that contain elements against Islamic teachings.

"Paragraphs 2 and 3 of the fatwa touched on matters where the respondents (Selangor religious authorities) do not have any purview as per Item 1.

"They are also not related to 'persons professing the religion of Islam'," the court said.

SIS was represented by counsel Malik Imtiaz Sarwar and Surendra Ananth, while state legal adviser Salim Soib@Hamid represented the Selangor government.

In addition, lawyers Haniff Khatri Abdulla and Zainul Rijal Abu Bakar appeared for the Selangor fatwa committee, with Yusfarizal Yussoff representing the Selangor Islamic Religious Council (Mais).

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