PUTRAJAYA: The Federal Court today allowed the appeal brought by SIS Forum (Malaysia) and its co-founder, Zainah Mahfoozah Anwar, in their legal challenge against the 2014 fatwa issued by the Selangor Fatwa Committee, which had declared the organisation deviant from Islamic teachings.
A four-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat, in a 3–1 majority decision, set aside the fatwa insofar as it applied to companies and institutions.
In delivering the majority judgment, the Chief Justice held that the expression “professing the religion of Islam” stated in Item 1, List II, of the State List in the ninth Schedule of the Federal Constitution, refers only to natural persons and not to artificial legal entities such as companies.
“We allow the appellants’ (SIS Forum and Zainah) appeal to the extent that it concerns the application of the fatwa to organisations and institutions, and to the extent that the fatwa affects federal agencies and the powers of such agencies,“ she said.
She stated that a company, as an artificial or juristic person (also known as an artificial legal person), does not possess the capacity for repentance as contemplated by the fatwa.
Tengku Maimun held that it is the court’s finding that a company cannot profess the religion of Islam and therefore cannot lawfully be classified as among “persons professing the religion of Islam” within the meaning of Item 1, List II (State List), Ninth Schedule of the Federal Constitution.
However, she clarified that any individual responsible for acts carried out on behalf of a company, organisation, or institution that contravene the fatwa would remain personally bound by its provisions.
Tengku Maimun stated that the question of whether a company, organisation, or institution should be exempt from responsibility for acts contravening the fatwa does not arise.
“Liability for any breach of the fatwa squarely rests with the individuals who operate or control the company, organisation, or institution,” she said.
She further affirmed that the fatwa remains valid insofar as it pertains to individuals who subscribe to the ideologies of liberalism and religious pluralism, declaring such beliefs as deviant and contrary to Islamic teachings.
The Chief Justice also held that the fatwa is valid to the extent that it calls upon such individuals to repent and return to the path of Islam.
“To avoid any misunderstanding, we reiterate that we express no views or opinions on the substantive content of the fatwa, as that lies within the exclusive jurisdiction of the respondents,” she clarified.
“The appeal before us concerns only the limits of the respondents’ powers to issue the fatwa, specifically in terms of its application within the boundaries set by Item 1, List II (State List), Ninth Schedule of the Federal Constitution,“ she added.
Meanwhile, Justice Abu Bakar, in his dissenting decision, said the High Court had correctly decided that only the Syariah Court would have jurisdiction to hear and decide on a challenge against a fatwa.
“The fatwa under the circumstances, in short, is a matter for Muslims alone, and its application is for the Muslim community. The Syariah Courts should be the best and appropriate forum instead of the Civil Courts to decide on the validity of a fatwa,” he said.
He said a company may still be subject to a fatwa, particularly in cases where its composition or activities are closely linked to matters concerning Islam.
The Selangor State Fatwa Committee issued the fatwa on July 17, 2014, and it was subsequently gazetted by the Selangor government on July 31, 2014. The fatwa declared that SIS Forum, along with any individual or group subscribing to the deviant ideologies of liberalism and religious pluralism, had deviated from the teachings of Islam.
The fatwa also directed that any publications promoting liberal or pluralist interpretations of Islam be banned and confiscated, and further instructed the Malaysian Communications and Multimedia Commission (MCMC) to censor online platforms that contravene Islamic teachings and hukum syarak (Islamic law derived from authoritative Islamic sources).
SIS Forum had filed a judicial review against the Selangor State Fatwa Committee, the Selangor Islamic Religious Council (MAIS) and the Selangor government, seeking to quash the 2014 fatwa, which declared the organisation deviant on the grounds that it allegedly subscribed to the ideologies of “liberalism” and “religious pluralism.”
Also on the bench were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court judges Tan Sri Nallini Pathmanathan and Datuk Abu Bakar Jais.
Justice Abu Bakar delivered the sole dissenting opinion.
The appeal was initially heard by a five-member panel, but Justice Datuk Abdul Karim Abdul Jalil has since retired.
Today’s judgment was delivered pursuant to Section 78(1) of the Courts of Judicature Act 1964, which permits the remaining judges to deliver judgment.
SIS Forum had sought to quash the 2014 fatwa, which declared the organisation deviant on the grounds that it allegedly subscribed to the ideologies of “liberalism” and “religious pluralism.”
The organisation had previously failed in its legal challenge at both the High Court and the Court of Appeal between 2019 and 2023.
Lawyers Datuk Malik Imtiaz Sarwar and A Surendra Ananth appeared for SIS Forum and Zainah, while Mohamed Haniff Khatri Abdulla represented the Selangor Fatwa Committee.
Lawyer Yusfarizal Yussoff appeared for the Selangor Islamic Religious Council (MAIS), and Selangor legal adviser Datuk Salim Soib @ Hamid represented the Selangor government.
