This article first appeared in The Edge Financial Daily on August 28, 2019 - September 3, 2019

KUALA LUMPUR: The 2014 Selangor fatwa declaring Sisters in Islam (SIS) as a deviant organisation for subscribing to “religious liberalism and pluralism” still stands.

High Court Judge Datuk Nordin Hassan ruled yesterday that the fatwa issued by the Selangor Fatwa Committee and gazetted by the Selangor government was in order.

Justice Nordin also ruled that the High Court does not have the jurisdiction to rule on the case based on Article 121(1A) of the Federal Constitution where such matters should have been referred to the Syariah Court.

“The said fatwa is within the limits of the constitution as stipulated under Article 74 and the Second Schedule of the Federal Constitution. This court is not clothed to hear the present application due to jurisdictional issues.

“The court also finds the decision dated July 14, 2014 is not tainted with illegality and proportionality,” said Justice Nordin.

Article 121 (1A) stipulates the civil courts do not have jurisdiction within matters pertaining to Islam which are to be referred to the Syariah Court.

The court ruled that the fatwa does not violate SIS’ right to freedom of expression as well, and decided that despite SIS being a registered organisation, the fatwa applies to it as the office bearers are Muslims.

Justice Nordin, in his oral judgement, noted the Selangor Fatwa Committee had complied with all procedures in making the fatwa and that the state has the right to have the fatwa gazetted.

The court ordered SIS to pay costs of RM10,000 after dismissing the legal challenge by the organisation against the fatwa.

Also present to hear the ruling were Datin Paduka Marina Mahathir and Datin Rose Ismail who are among SIS founding members.