Amend Constitution so Syariah Courts can review fatwa - lawyers

 

The federal government must institute constitutional amendments to allow a state’s Syariah Court to review fatwa decisions, urged the Syariah Lawyers Association of Malaysia (PGSM).

In a media statement this afternoon, the group’s president Musa Awang said this is necessary in light of the Federal Court decision earlier today.

This morning, a nine-member apex court bench unanimously declared the Selangor legislative assembly has no authority to make enactments to empower the state’s Syariah Court to hear judicial reviews relating to decisions by state religious authorities.

The bench was chaired by Chief Justice Tengku Maimun Tuan Mat.

The apex court verdict targeted the validity of Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

The enactment states that the Syariah High Court may, in the interest of justice, on the application of any person, have the jurisdiction to grant permission and hear applications for judicial reviews on decisions made by a council or committee carrying out the functions under the enactment.

Musa (above) said it is imperative for the federal government to take a long-term approach to amend the State List of the Ninth Schedule of the Federal Constitution.

He said this would empower each state to enact laws that give power to their respective Syariah Courts to hear any challenge against any decision of the state’s Islamic religious authority, including the fatwa committee.

“PGSM is of the view that any judicial review on any decision made by the state Islamic religious councils or committees carrying out functions under the state’s Syariah laws, including the state’s fatwa committee, ought to be carried out by the Syariah Court as it is the suitable and competent forum, as it involves those from the Islamic faith and based on Syara’ rules.

“In order to facilitate the amendment (to the Federal Constitution), PGSM urges the federal government to establish a special committee to study and make proposals on the amendment to the Federal Constitution,” Musa said.

Chief Justice Tengku Maimun Tuan Mat

Today’s Federal Court decision was basically a greenlight of Sisters in Islam (SIS)’s application that challenged the validity of Section 66A of the Selangor enactment.

The non-governmental organisation filed the application on Jan 21, 2020.

Their application was made following the Kuala Lumpur High Court decision on Aug 27, 2020, which dismissed its judicial review against a Selangor religious authority’s 2019 fatwa that labelled the group as deviant.

Then High Court judge Nordin Hassan (now Court of Appeal judge) ruled that the civil court (which included the court that Nordin then presided over) has no jurisdiction to hear matters pertaining to Syariah law such as the fatwa issue.

He held that such matters were under the exclusive jurisdiction of the Syariah court, such as the one under Selangor. - Mkini