Apex court to rule on SIS’ challenge of Selangor law on Feb 21

Apex court to rule on SIS’ challenge of Selangor law on Feb 21

Rights group Sisters in Islam is challenging the constitutionality of Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment which allows the shariah court to review fatwas.

The Federal Court registry has informed lawyers that its decision will be delivered online.
PUTRAJAYA:
The Federal Court has fixed Feb 21 to deliver its decision on Sisters in Islam’s (SIS) constitutional challenge to strike down a provision in a Selangor law that gives the shariah court power to review fatwas issued by the state religious authorities.

The Federal Court registry has informed lawyers representing SIS, the state government and the Selangor Islamic Religious Council (Mais) that the decision will be delivered online.

Mais’ lawyer Haniff Khatri Abdulla confirmed the decision date.

On Oct 12, 2021 a nine-judge panel, headed by chief justice Tengku Maimun Tuan Mat, reserved judgment after hearing SIS’ constitutional challenge.

SIS had filed the constitutional challenge on grounds that the state assembly cannot pass Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment.

Section 66A states that the state’s shariah high court has the jurisdiction to hear judicial reviews against the decisions of state religious councils or committees.

However, the women’s rights group argued that any judicial review of a law passed by Parliament and state assemblies could only be heard before a civil High Court.

SIS filed the application in the Federal Court on Jan 21, 2020 after the High Court in Kuala Lumpur dismissed its judicial review application against the Selangor religious authority’s fatwa labelling the group “deviant”.

Citing Section 66A, then High Court judge Nordin Hassan had ruled that it was within the exclusive jurisdiction of the Selangor shariah court to determine legal challenges against a fatwa issued by a state religious committee.

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