High Court rules no jurisdiction on fatwa matters

High Court rules no jurisdiction on fatwa matters

Justice Hanipah Farikullah said that the fatwa concerned was a matter for Muslims in Selangor and that should be recognized in all Shariah Courts in the state.

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KUALA LUMPUR:
The High Court has ruled that civil courts have no power to hear cases pertaining to religious matters such as “fatwa” (edict).

Justice Hanipah Farikullah dismissed the judicial review by Islamic non-government organization Sisters in Islam (SIS) to challenge a “fatwa” issued by the Selangor Fatwa Committee.

“This court has no jurisdiction to grant the remedies the NGO is seeking as the issue of fatwa is under the exclusive jurisdiction of the Shariah Court,” she said in her oral judgment.

She added that the fatwa concerned was a matter for Muslims in Selangor under the Administration of Islamic Law Selangor Enactment and that should be recognised in all Shariah Courts in the state.

No order was made on cost.

The women’s rights group filed a judicial review on 31 October 2014, challenging the fatwa by the fatwa committee.

The state religious council declared the organisation as subscribing to liberalism and religious pluralism, and therefore deviating from the teachings of Islam.

They obtained leave from the High Court on 10 December 2014 to commence the judicial review.

Speaking to reporters, SIS director Rozana Isa said her NGO would be appealing against the decision. “It is important for us to appeal because the purpose of our group is to serve and defend the rights of Muslim women,” she said.

Former Law Minister Zaid Ibrahim, one of the applicants in the judicial review, said that the “historic decision” showed Shariah Courts can hear judicial reviews that normally civil courts hear.

“I feel sorry for SIS,” he said. “Civil courts should take up the issue to listen.”

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