Court ruling a win for inclusive spirit of Islam, rule of law: SIS

Summary

• Following court victory over legal challenge against fatwa, SIS reiterates that it was never an attack on Islam or its authorities but a principled legal challenge to a process that lacked transparency, natural justice, and fairness.

• It says it is important to ensure religious authorities wield their authority within the constitutional framework.

In welcoming the Federal Court’s verdict, Sisters in Islam (SIS) described it as not just a victory for their organisation but also for Malaysians who believe in due process, democratic oversight, and the inclusive spirit of Islam.

“The court's recognition that fatwas can and must be subjected to legal scrutiny ensures that no institution is above the law, and that Malaysians - regardless of belief - have recourse when their rights are infringed.

“The idea that principles such as justice, compassion, dignity, and differences of opinion are foreign to Islam is a distortion of our faith’s rich intellectual and juristic heritage.

“We reiterate that our struggle was never an attack on Islam or its authorities. Instead, it was a principled legal challenge to a process that lacked transparency, natural justice, and fairness,” it said in a statement today.

Earlier, the Federal Court, in partially allowing SIS’ appeal, said that the Selangor religious authorities were wrong to issue a fatwa declaring the 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.

Fundamental right

On that note, SIS lamented the fact that it was declared “deviant” for over a decade just for advocating justice and equality in Islam.

With today’s verdict, the court has affirmed that their struggle is a fundamental right guaranteed under the Federal Constitution.

It added that the court’s verdict would also ensure religious authorities remain accountable to constitutional values and not wield their powers unchecked.

“SIS strongly believes that when a country uses Islam as a source of law, policy and practice, and the outcomes discriminate against women and violate our fundamental liberties, citizens have the right to seek judicial review.

“This case is not about Islam, but public law and public policy that must pass the test of public scrutiny,” it added.

In July 2014, the Selangor Islamic Religious Council issued a fatwa declaring SIS had deviated from Islamic teaching, allegedly subscribing to “liberalism” and “religious pluralism”.

In 2016, the High Court dismissed SIS’ leave application, citing jurisdictional issues. However, the Court of Appeal overturned the decision in March 2017 and allowed the hearing to proceed.

PSM backs SIS ahead of apex court ruling on 'deviant' fatwa

COMMENT | Were Muslims more tolerant before Madani?

Muslims' faith strong enough not to require supervision, says Rafidah

G25 urges halt to public caning for khalwat in T'ganu

Group concerned FT Mufti Bill will impact artistic expression

Sisters in Islam denounce 'cruel' public caning at mosque

Mufti bill won't turn M'sia into Islamic state - minister