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Ahead of appeal, court to decide if SIS can stay enforcement of Selangor’s ‘anti-liberal’ fatwa

SIS executive director Rozana Isa speaks to reporters at the Kuala Lumpur Court Complex January 23, 2020. — Picture by Yusof Mat Isa
SIS executive director Rozana Isa speaks to reporters at the Kuala Lumpur Court Complex January 23, 2020. — Picture by Yusof Mat Isa

KUALA LUMPUR, Jan 23 — The High Court here will hear today whether Sisters in Islam (SIS) will be successful in applying for a stay against a decision delivered last year on a 2014 Selangor fatwa or religious edict that declared it as deviant.

In the closed door hearing, SIS is applying for a stay while it appeals the court’s decision to dismiss its legal challenge against the fatwa, and for the High Court to issue a direction that the fatwa not be enforced pending said decision in the Court of Appeal.

“Our lawyers will be arguing for the situation to remain status quo, pending the appeal. This means that there should not be any enforcement on Sisters in Islam based on the fatwa.

“As long as the threat of enforcement exists, it will continue to affect the operations of Sisters in Islam. Furthermore, under current legal provisions, going against a fatwa attracts Shariah criminal sanctions,” its executive director Rozana Isa told Malay Mail.

Under Section 13 of the Shariah Offences Enactment (Selangor) 1995, opposing a fatwa can be penalised with fine not more than RM3,000, imprisonment of not more than two years, or both.

Rozana said the group will continue its work as usual, but it feels that it should not bear the risk of such enforcement imposed on it.

“Despite being heavily scrutinised by authorities, we have many women and men who come up to us seeking for our help and advice regarding many issues,” she said.

“We address women's rights issues within the framework of Islam such as child marriage, female genital mutilation, children born out of wedlock, marital rape, polygamy, maintenance, etc.”

In August last year,[a] Judge Datuk Nordin Hassan ruled that 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 also ruled that Selangor authorities had complied with the procedures in issuing the 2014 fatwa, also ruling that the fatwa was within constitutional limits.

SIS’ lawyers had previously argued that the fatwa cannot be applied on the company, as the company does not fall within the category of “persons professing the religion of Islam” and that the state governments’ powers to make religious laws do not extend to companies.

But Nordin said that SIS “should not be immune” from having the Selangor fatwa applied on it, although it is a company — which is usually considered a separate legal entity from its directors.

This decision was slammed by many parties for setting a dangerous precedent, as lifting the corporate veil can affect companies with Muslim directors, as it means Shariah law can be used on them.

On October 31, 2014, SIS filed for a judicial review of a gazetted fatwa in Selangor that declared the group as “deviants” in Islam due to its alleged religious liberalism and pluralism.

The fatwa gazetted on July 31, 2014 also deemed any publications with elements of liberalism and religious pluralism as haram, or forbidden to Muslims, and can be seized by religious authorities.

It further sought for local Internet regulator the Malaysian Communications and Multimedia Commission to monitor and block social media websites with content that was against Islam.


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