PUTRAJAYA: Women’s rights group Sisters in Islam (SIS) has gone to Federal Court in a final attempt to quash a 2014 fatwa issued by the Selangor religious authorities concerning its organisation.
In a bid to secure leave to appeal a Court of Appeal decision handed down on March 13, SIS has put forward 10 questions of law which it says warrant consideration at a full appeal hearing.
Among the questions are whether a fatwa published in a government gazette is subsidiary legislation and whether the civil courts have power to review it.
SIS also wants the court to determine if the fatwa has the effect of restricting freedom of expression.
The application has been fixed by the Federal Court for case management on May 15.
In a majority ruling last month, the Court of Appeal dismissed an appeal by SIS from the High Court’s refusal to quash the fatwa issued concerning them.
In the fatwa, the Selangor Islamic Religious Council (Mais) decreed that the women’s group had subscribed to liberalism and religious pluralism which deviated from the teachings of Islam.
Delivering the majority ruling, Justice Che Ruzima Ghazali said the fatwa made by the state religious authorities was “not conclusive”.
He said SIS could request that the fatwa committee relook its decision, and provide evidence to contradict its findings.
However, Justice Gunalan Muniandy, who dissented, held that the High Court had erred when dismissing SIS’ legal challenge on Aug 27, 2019.
He said that unlike individuals, SIS cannot profess a religion.