The High Court dismissed GISBH’s application to challenge a fatwa declaring its teachings deviant, citing lack of jurisdiction over Syariah matters.
KANGAR: The High Court dismissed an application by GISB Holdings Sdn Bhd (GISBH) and its chief executive officer for leave to challenge a state fatwa committee’s decision.
Judge Datuk Mohamad Abazafree Mohd Abbas ruled that a fatwa issued by the Perlis State Fatwa Committee falls within the expertise of Syariah authorities.
He cited Article 121(1A) of the Federal Constitution, which states civil courts have no jurisdiction over matters within the Syariah Court’s purview.
The judge further ruled the court has no jurisdiction to review the fatwa as it was issued pursuant to the prerogative of the Raja of Perlis.
He explained approving a fatwa is a prerogative of Tuanku Syed Sirajuddin Jamalullail as the Head of the Islamic Religion in the state.
This process transforms a draft fatwa into a binding ruling for every Muslim in Perlis upon its gazettement.
Consequently, the court lacks jurisdiction to hear any challenge to it, the judge concluded.
The Perlis State Fatwa Committee issued the fatwa on 14 October 2024.
It declared the beliefs of the GISBH group as deviant, misguided and rooted in esoteric teachings.
Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin had earlier announced the committee’s conclusion on 20 September 2024.
The mufti stated these teachings were a continuation of the previously declared deviant al-Arqam movement.
Judge Mohamad Abazafree said the fatwa’s substance relates to GISBH’s understanding, teachings and practices.
These were found to contain elements fundamentally contrary to the teachings of Islam.
The fatwa prohibits Muslims from practising those or any similar beliefs, he explained.
The judge said the applicants’ challenge essentially claimed the fatwa committee’s findings were incorrect.
This meant they were challenging the substance of the fatwa itself.
Allowing the application would require the court to determine complex matters of Islamic faith.
This would include interpreting the Quran, prophetic traditions and principles of religious practice.
The purpose would be to determine if GISBH’s beliefs align with Islamic teachings.
The judge stated the civil court is not the appropriate forum for such determinations.
He said only bodies with requisite knowledge and expertise, like the Syariah Court, should decide such issues.
The applicants were represented by lawyer Zulfikri Ulul Azmi during proceedings.
The Attorney General’s Chambers objected to the application, represented by Senior Federal Counsel Ahmad Hanir Hambali and Federal Counsel Mohammad Solehheen Mohammad Zaki.
