SIS case back in High Court

Seven-man Bench orders challenge against fatwa be heard on merit

PUTRAJAYA: A judicial review application filed by Sisters In Islam (SIS) challenging a Selangor fatwa (edict) which labelled the organisation “deviant” will be heard at the High Court.

A Federal Court seven-man Bench 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.

To save time, Justice Malanjum said the parties could argue about issues related to the jurisdiction of the application at the High Court.

Other judges on the bench were Court of Appeal president Tan Sri Ahmad Maarop, Chief Judge of Malaya Tan Sri Zaharah Ibrahim, Justices Tan Sri Azahar Mohamed, Tan Sri Aziah Ali, Datuk Rohana Yusuf and Datuk Mohd Zawawi Salleh.

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

Counsel Datuk Sulaiman Abdullah represented the Selangor Fatwa Committee, counsel Yusfarizal Yussoff for the Selangor Islamic Religious Council (Mais) and state legal adviser Datuk Nik Suhaimi Nik Sulaiman for the Selangor government.

Datuk Malik Imtiaz Sarwar and A. Surendra acted for SIS.

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

For avoidance of doubt, 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 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.

In reversing the High Court ruling, the Court of Appeal also ordered the case to be sent back to the High Court to hear the merit of the case before another judge.

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.

Surendra told reporters later that the case had been fixed for case management on Oct 2 before High Court (Appellate and Special Power) judge Justice Azizah Nawawi.