THE Kuala Lumpur High Court today dismissed an application by Muslim women’s advocacy group Sisters in Islam (SIS) to challenge a fatwa by the Selangor religious authorities outlawing the body five years ago.

Judge Nordin Hassan said this was because the fatwa had a legal basis in the state’s religious enactments.

“The federal constitution allows for legal matters involving shariah laws to be under the jurisdiction of the state,” he said.

The judge also said the fatwa was applicable to SIS because its office bearers are Muslims.

The Selangor fatwa issued against SIS on July 17, 2014, and gazetted on July 31 the same year, declared it a deviant organisation.

SIS filed for a judicial review to challenge the fatwa on October 2014.

In its claim, SIS said that under the Companies Act 1965, it was a company limited by guarantee and not bound by the decisions of the Selangor Islamic Religious Council and its fatwa committee.

SIS’ registered name as a company is SIS Forum (Malaysia).

The judge today said SIS’ bid to challenge the fatwa should have been referred to the shariah court, as the civil high court did not have jurisdiction to hear such matters.

He dismissed the judicial review with RM10,000 costs.

On SIS office bearers being Muslims, the judge said as such, the company’s activities were bound by laws on Islam and fatwas.

Outside the court room, SIS executive director Rozana Isa said she was disappointed with the decision but not surprised by it.

“We will discuss with our lawyers if we will file an appeal, or to take this up in the shariah court,” she said.

SIS board member Marina Mahathir, who was also present, said the court’s decision was disappointing.

She said the court had now allowed companies whose directors are Muslim to be liable to fatwas.

“Based on the court decision, I, as a director of a company, because I am Muslim, will have to face shariah law.”

The fatwa had said that any publication deemed liberal could be banned and seized and that any social media content which promotes liberalism should be monitored and restricted by the Malaysian Communications and Multimedia Commission (MCMC).

SIS in its application had asked the court to declare that banning publications and directing the MCMC to take such action was beyond the powers of the fatwa. – August 27, 2019.