THE Federal Court gave the nod today to Sisters in Islam (SIS) to commence a legal challenge to a Selangor Islamic Enactment provision which empowered state Shariah High Court to review fatwa issued by the state religious authorities. 

Federal Court judge Zabariah Mohd Yusof allowed SIS’ application to pursue the legal challenge based on Article 4(4) of the federal constitution.

SIS seeks to declare that Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 is invalid.

Section 66A states that the Shariah High Court, may, in the interest of justice, on the application of any person, have the jurisdiction to grant permission and hear the application for judicial review on the decision made by the majlis (council) or committees carrying out the functions under the enactment.

SIS filed the application in January this year and named the Selangor government as the respondent.

The High Court on August 27 last year dismissed SIS’ judicial review application to challenge  Selangor Fatwa Committee’s declaration of SIS as a deviant organisation which had deviated from the true teachings of Islam.

Then High Court judge Nordin Hassan had held that the civil court has no jurisdiction over shariah law and that fatwa was 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 Syariah High Court.

SIS’ lawyer, A. Surendra Ananth said an appeal against the dismissal was pending in the Court of Appeal.

Lawyer Fahri Azzat also represented SIS while the Selangor legal adviser Salim Soib@Hamid appeared for the Selangor government. – Bernama, September 22, 2020.