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Thursday, December 6, 2018

SIS’ challenge on ‘deviant’ fatwa to be heard at High Court on March 13




The merits of NGO Sisters in Islam’s (SIS) legal challenge against an edict (fatwa) declaring it as deviant by the Selangor Fatwa Committee will be heard on March 13 at the High Court in Kuala Lumpur.
The date was fixed by Justice Nordin Hassan following the case management today. March 13 is also the hearing for former law minister Zaid Ibrahim's challenge on the same declaration made against him by the committee.
SIS and Zaid were represented by Farhan Haziq while Majidah Musa appeared for the Selangor fatwa committee.
It was reported last September that a seven-member Federal Court bench ruled that the four-year-old revert to the High Court by a consent judgment. 
With this, the High Court will hear arguments on merits of the challenge and the issue of jurisdiction whether it falls with the civil court or the syariah court.
It was reported in 2014 that the fatwa committee declared SIS deviant owing to its liberal stand on certain issues, and this was gazetted by the Selangor government in July that same year.
Following that, SIS filed a judicial review application in October 2014 to declare that the fatwa was not legally binding on an organisation.
It was granted leave by Justice Asmabi Mohamed in December the same year.
However, as the hearing on merits was fixed, Justice Hanipah Farikullah allowed a preliminary objection by the Attorney-General's Chambers and dismissed the judicial review.
SIS took the matter up to the Court of Appeal, which overturned the High Court decision that resulted in the appeal to the apex court which then decided to revert the case back to the High Court. - Mkini

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