SIS’ leave application to challenge Selangor religious law to be heard on June 22


THE Federal Court has set June 22 to hear an application by Sisters In Islam (SIS) for leave to challenge a provision in the Selangor Islamic Enactment, which empowers state Shariah high courts to review fatwa issued by the state religious authorities.

The matter was set for case management today before deputy registrar Azniza Mohd Ali.

Lawyer A. Surendra Ananth, who appeared for SIS, said in a text message that the hearing date was fixed for June 22.

Meanwhile, Surendra said the Court of Appeal has yet to fix the hearing date on SIS’ appeal against the high court’s dismissal of its judicial review to challenge the Selangor religious authority’s fatwa that the group is deviant.

SIS had filed the application in January this year seeking leave from a Federal Court judge to commence the legal action seeking a declaration that section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment is invalid.

Section 66A states that Shariah high courts in Selangor have the jurisdiction to hear judicial reviews against the decisions of state religious councils or committees.

The high court in Kuala Lumpur on August 27 last year dismissed SIS’ judicial review application to challenge the decision of the Selangor Fatwa Committee declaring it a deviant organisation which had deviated from the true teachings of Islam.

High court judge Nordin Hassan held that the civil court has no jurisdiction on Shariah law, adding that the fatwa issue was under the exclusive jurisdiction of the Shariah court.

The judge said Section 66A was an avenue to seek a judicial review against the fatwa committee in the Shariah high court.

On October 31, 2014, SIS, SIS founder Zainah Mahfoozah Anwar and Mohd Zaid Ibrahim filed an application to challenge the Selangor Fatwa Committee’s declaration that the organisation os deviant, naming the Selangor Fatwa Committee, Selangor Islamic Religious Council (MAIS) and the Selangor government as respondents.

They sought a certiorari order to quash the decision of the Selangor Fatwa Committee and MAIS, which said the organisation and any individual, as well as groups which adopted the deviant ideologies of liberalism and pluralism, are deviating from the teachings of Islam. – Bernama, April 15, 2020.


Sign up or sign in here to comment.


Comments