Court to hear SIS Forum suit in March

KUALA LUMPUR: The High Court will hear on March 13 a suit filed by Sisters in Islam (SIS) Forum (Malaysia) challenging the Selangor Fatwa Committee, labelling the organisation as “deviant”.

Selangor Islamic Religious Council’s (Mais) lawyer Majdah Muda informed reporters of the date after meeting High Court (Appellate and Special Powers) judge Justice Nordin Hassan in chambers yesterday.

Majdah said the court would decide whether a civil court has the jurisdiction to hear the judicial review application relating to fatwa (edict).

On Sept 25, the Federal Court's seven-man panel chaired by Chief Justice Tan Sri Richard Malanjum ordered the case to be remitted back to the High Court to hear the merit of the application.

A consent order was recorded by the court. The order was signed by counsel from both sides.

In the order, the appellants Mais, the Selangor Fatwa Committee and Selangor government were at liberty to raise any issues including whether the High Court had the jurisdiction to hear the judicial review.

The respondents SIS, its founder Zainah Mahfoozah Anwar and Datuk Mohd Zaid Ibrahim are not at liberty to raise objections on res judicata (a matter which has been adjudicated by the court previously).

On March 2 last year, the Court of Appeal, in reversing a High Court judgment, allowed SIS to challenge a gazetted fatwa in Selangor.

But about four months later, the Federal Court allowed Mais, the Selangor Fatwa Committee and the state government leave to appeal against that Court of Appeal decision.

This case first came about in October 2014 when SIS, through its company SIS Forum (Malaysia), filed an application to challenge Mais’ decision, declaring it as deviating from Islamic teachings.

It named the Selangor Fatwa Committee, Mais and the Selangor government as respondents.

Among others, they are seeking a declaration that SIS, which was formed under the Companies Act, was not subject to the decisions of the Selangor Fatwa Committee and Mais.