
Justice Abazafree Abbas ruled that the judicial review application was legally unfounded.
In delivering his decision, Abazafree said a fatwa can only be gazetted after receiving the consent of the Raja of Perlis, reported Kosmo.
“The Raja of Perlis, as the head of Islam in the state, has the prerogative to grant consent to a fatwa. The court is of the view that (this) cannot be disputed before this court.
“Accordingly, this court concludes that it has no jurisdiction to review the fatwa made pursuant to the prerogative of the Raja of Perlis.
“This renders the court without jurisdiction to hear and determine the challenge against it. On this basis, the court concludes that the application for leave is dismissed,” he said.
Abazafree said the High Court, as a civil court, is not the appropriate forum to determine such matters.
“The legally recognised body possessing such expertise is undoubtedly the shariah court,” he said.
The defendants were represented by senior federal counsel Ahmad Hanir Hambali, assisted by federal counsel Solehheen Zaki. GISBH was represented by lawyer Zulfikri Ulul Azmi.
In September 2024, Perlis mufti Asri Zainul Abidin declared that GISBH promoted deviant beliefs and operated businesses in an unIslamic manner, following a review by the state fatwa committee.
The fatwa also concluded that the economic model practised by GISBH contravened Islamic economic principles as it allegedly contained elements of oppression and enslavement of those involved, as well as exploitation of members, children, women and families.