A three-man bench led by Tengku Maimun Tuan Mat, in allowing the appeal by Islamic non-governmental organisation Sisters in Islam (SIS), said the High Court was wrong in allowing a preliminary objection.

“We disagree with the High Court for upholding the objection,” Tengku Maimun said of the unanimous decision.

Other members in the bench were justices Abdul Rahman Sebli and Zaleha Yusof.

The bench also ordered the merit of the case to be heard before a new judge.

Case management has been fixed for March 9.

In an immediate response, SIS executive director Rozana Isa, said she was happy and elated that the High Court would proceed to hear the merit of their complaint.

On June 24 last year, Justice Hanipah Farikullah had ruled that civil courts have no power to hear cases pertaining to religious matters such as “fatwa” .

Hanipah, who took over the case from Asmabi Mohamed, had dismissed the judicial review by SIS to challenge a “fatwa” issued by the committee.

She said the civil court had no jurisdiction to grant the remedies the NGO is seeking as the issue of fatwa is under the exclusive jurisdiction of the Shariah Court.

Hanipah added that the fatwa concerned was a matter for Muslims in Selangor under the Administration of the Religion of Islam (Selangor) Enactment 2003 and that should be recognised in all Shariah Courts in the state.

On Oct 31, 2014, SIS and two others – the group’s co-founder Zainah Mahfoozah Anwar and former federal minister Mohd Zaid Ibrahim – filed an application for a court order to revoke the fatwa decision.

The state religious council declared in a “fatwa” that SIS subscribed to liberalism and religious pluralism, and therefore deviated from the teachings of Islam.

SIS obtained leave from Asmabi on Dec 10, 2014 to commence the judicial review to determine if the fatwa issue was constitutional.

Asmabi is now a judge in the Court of Appeal.

However, following an application by the respondents, Hanipah held the High Court has no jurisdiction to determine the issues.

Today, A Surenthra Ananth appeared for SIS, Yusfarizal Yussoff acted for the committee while Selangor state legal adviser Nik Suhaimi Nik Sulaiman represented the council and the state.