Judicial Review of Islamic Matters: The Sisters in Islam’s Appeal
The Federal Court is currently hearing an appeal by Sisters in Islam (SIS) against the Court of Appeal’s refusal to strike down a fatwa declaring that SIS had deviated from Islamic teachings.
Judicial Review of Public Authority Decisions
Decisions made by public authorities in the administration of Islamic matters are subject to judicial review by the civil courts. This has been decided by the Federal Court on several occasions since 2018, following the landmark decision in the case of M Indira Gandhi. The case involved the conversion of minors to Islam by one parent without the consent of the other, commonly referred to as a unilateral conversion.
The Sisters in Islam’s Case
SIS is appealing against a 2023 Court of Appeal decision that dismissed its challenge of a fatwa imposed by the Selangor religious authorities about 10 years ago. In the 2014 fatwa, the Selangor Islamic religious council (MAIS) had decreed that SIS had deviated from the teachings of Islam by subscribing to liberalism and religious pluralism.
Arguments Presented by SIS
Lawyer Malik Imtiaz Sarwar, who appeared for SIS, submitted that a fatwa, once gazetted, has a force of law. He argued that the Islamic administrative body’s decision cannot be challenged by way of judicial review in a civil court, as this would go against the rule of law. He also claimed that SIS Forum was beyond the reach of the state fatwa committee and that there was a breach of natural justice as his client had not been given the right to be heard before the fatwa was gazetted.
Counter-Arguments Presented by MAIS
Lawyer Haniff Khatri Abdulla, appearing for MAIS, argued that the disputed fatwa cannot be equated to delegated legislation and was, therefore, not amenable to judicial review. He said that SIS Forum could not nullify the fatwa as all legal procedures were strictly followed.
The Hearing
The appeal was heard by a five-member bench chaired by Chief Justice Tengku Maimun Tuan Mat. The hearing has been adjourned to a date to be fixed.
Conclusion
The appeal by SIS against the Court of Appeal’s decision is a significant case that has implications for the administration of Islamic matters in Malaysia. The Federal Court’s decision will have a significant impact on the relationship between the civil courts and Islamic authorities in the country.
FAQs
- What is the Sisters in Islam’s appeal about?
The Sisters in Islam (SIS) is appealing against the Court of Appeal’s refusal to strike down a fatwa declaring that SIS had deviated from Islamic teachings. - What is the fatwa about?
The fatwa was imposed by the Selangor Islamic religious council (MAIS) in 2014, decreeing that SIS had deviated from the teachings of Islam by subscribing to liberalism and religious pluralism. - What are the main arguments presented by SIS?
SIS argued that a fatwa, once gazetted, has a force of law, and that the Islamic administrative body’s decision cannot be challenged by way of judicial review in a civil court. They also claimed that SIS Forum was beyond the reach of the state fatwa committee and that there was a breach of natural justice. - What are the counter-arguments presented by MAIS?
MAIS argued that the disputed fatwa cannot be equated to delegated legislation and was, therefore, not amenable to judicial review. They said that SIS Forum could not nullify the fatwa as all legal procedures were strictly followed.