KUALA LUMPUR – The Federal Court is set to deliver its decision tomorrow on SIS Forum (Malaysia)’s appeal against a fatwa from Selangor’s Islamic authorities that labels the organisation as deviant and not aligned with Islamic teachings.
The respondents named in the appeal include the Fatwa Committee, the Selangor Islamic Religious Council (Mais), and the Selangor state government.
On July 31, 2014, the Selangor government declared that SIS Forum Malaysia, along with individuals and groups advocating liberalism and pluralism, were considered deviant and not aligned with Islamic teachings.
The fatwa also mandated the prohibition and confiscation of any publications expressing liberal and pluralistic ideas, and called on the Malaysian Communications and Multimedia Commission (MCMC) to monitor and restrict social media sites that go against Islamic principles and Sharia law.
In October 2014, the founder of SIS Forum Malaysia, Zainah Mahfoozah Anwar submitted an application to contest the ruling made by the Selangor Fatwa Committee.
However, both the High Court and the Court of Appeal denied their requests for judicial review and appeal in August 2020 and March 2023, respectively. They ruled that the civil court lacks jurisdiction over issues related to Sharia law, which rendered the challenge to the Selangor Fatwa Committee’s classification of the organisation as deviant ineffective.
On August 21, 2023, the Federal Court allowed SIS Forum Malaysia to move forward with their appeal against the Court of Appeal’s decision.
Meanwhile, in a statement, SIS Forum Malaysia contended that the fatwa presents legal and constitutional issues that extend beyond just theological matters.
They argue that its range, coverage, and language address key matters concerning the division of powers between religious and civil authorities, the management of civil society, and the safeguarding of rights protected by the Constitution.
“The final resolution of this case will have long-term implications for the legal framework governing the intersection between religion, law, and public life in Malaysia,” the organisation said.
SIS Forum Malaysia also questioned whether state Islamic religious authorities have the power to enforce fatwas against entities such as companies, and whether the fatwa violates fundamental liberties guaranteed by the Federal Constitution in terms of equality, freedom of speech, and religion.
“Was due process followed in this case, and if not, is the fatwa valid and enforceable?
“Can vague terms such as liberalism and pluralism be made an offence?” they asked.
Meanwhile, the chairman of the Selangor Islamic Religious Council (Mais), Datuk Salehuddin Saidin, said that any court decision will impact fatwas not only in Selangor, but across the country.
According to him, a fatwa is a decision made by the State Fatwa Committee after studying various aspects for the benefit of Muslims.
He also hopes the decision will favour the Selangor State Fatwa Committee, Mais, and the Selangor government.
“If (the decision) does not favour us, it will allow them to challenge any fatwa after this, and the implications are very significant,” he said. — June 18, 2025