SIS ruling to be reviewed to protect fatwa institution, Na'im says

Summary

• Na’im Mokhtar says the Federal Court’s ruling in favour of Sisters In Islam will be reviewed to protect the long-term credibility of fatwa institutions.

• Minister in the Prime Minister’s Department (Religious Affairs) stresses fatwas’ role in guiding Muslims and the need for cooperation between judiciary, lawmakers, and religious bodies.

• Na’im also reiterates Putrajaya’s commitment to fair Islamic governance based on the Federal Constitution and the Madani framework.

The Federal Court’s ruling today in favour of the Sisters in Islam (SIS) organisation in its challenge against a fatwa issued by Selangor religious authorities will be “thoroughly reviewed,” said Na’im Mokhtar.

The minister in the Prime Minister’s Department (Religious Affairs) stressed that the review is necessary to ensure the long-term stability of fatwa institutions.

“I would like to emphasise that fatwas continue to play a vital role in guiding Muslims on current issues which require syariah-based direction.

“Therefore, close cooperation between the judiciary, legislative institutions, and religious authorities is crucial to ensure that the role and credibility of the fatwa institution remain respected within the framework of our nation’s constitutional system,” Na’im added in a statement today.

He also stated that, as a minister, he respects the rule of law and decisions rendered by the apex court, the highest judicial institution in the nation’s legal system.

“The Madani government will ensure that the administration of Islamic affairs in Malaysia is conducted fairly, based on the principles of shura (consultation), knowledge, and grounded in the rule of law.”

At the same time, the government will also continue to uphold the position of Islamic religious institutions in line with Article 3 of the Federal Constitution, which states that Islam is the religion of the federation, he added.

Appeal partially allowed

Earlier today, the Federal Court ruled that the Selangor religious authorities were wrong to issue a fatwa declaring SIS 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 stated that the Federal Constitution only gives power to the authorities over “persons professing the religion of Islam”, not companies.

However, part of the fatwa was upheld with the court ruling that 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.

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

In a statement, the organisation reiterated that its struggle was never an attack on Islam or its authorities, highlighting that it had instead undertaken a principled legal challenge on a process that lacked transparency, natural justice, and fairness.

‘No one won or lost’

Meanwhile, the Malaysian Syarie Lawyers Association said no one won or lost in today’s Federal Court ruling.

It pointed out that the court only said fatwas are limited to “natural persons” and not “artificial persons” like a company, organisation, or institution.

“Muslims responsible for any actions made by the company, organisation, or institution are still bound by the fatwa as the establishments are managed by individuals,” said association president Musa Awang in a statement today.

Echoing Na’im’s views, he urged the government to periodically review and improve all laws, particularly those involving Islamic affairs, and seek input from relevant stakeholders.

“This is to ensure our laws not only abide by syariah provisions but also other existing laws in the country,” he added.

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