The High Court in Malaysia has announced it does not have jurisdiction to hear SIS’ judicial review application in response to the 2014 Selangor fatwa which declared the organisation ‘deviant’. SIS will either appeal this decision or pursue the challenge in the Shariah courts.
Written by Ida Lim, Malay Mail
Kuala Lumpur, Aug 27 — The High Court rejected today Sisters in Islam’s (SIS) legal challenge against a 2014 Selangor fatwa or religious edict that declared it as deviant.
Judge Datuk Nordin Hassan said the civil courts have no jurisdiction to hear the challenge against the fatwa, declaring that the matter should instead be pursued via the Shariah courts.
Nordin ruled that Selangor authorities had complied with the procedures in issuing the 2014 fatwa, also ruling that the fatwa was within constitutional limits.
“In the present case, I find the said fatwa made pursuant to Section 47 of the Selangor enactment 2003 is within limits set by the Federal Constitution, in particular Article 74 and Article 11(4),” the High Court judge said.
He was referring to constitutional provisions that include the outlining of matters that state governments have the power to make laws on.
Nordin then referred to the Federal Constitution’s Article 121(1A), which he said grants exclusive jurisdiction to the Shariah courts in matters of Islamic law.