Nov 15 appeal hearing over 'deviant group' fatwa on Sisters in Islam

The Court of Appeal has set Nov 15 to hear Sisters in Islam’s (SIS) appeal to overturn the Selangor fatwa that labelled the women's rights group as deviant.

The NGO’s counsel Fahri Azzat said that the hearing date is maintained for the substantive aspect of the appeal.

“Yes, it is still on,” he told Malaysiakini following case management of the appeal earlier today.

Fahri said that the case management was to see whether there were any parties in the matter who still wish to file further written submissions for the upcoming appeal hearing.

When the appeal is heard on Nov 15, SIS’ legal team is expected to strengthen their contention by raising an earlier apex court ruling delivered on Feb 21.

On that date, a nine-member Federal Court panel chaired by Chief Justice Tengku Maimun Tuan Mat unanimously declared that the Selangor legislative assembly had no authority to make an enactment which confers the state Syariah Court the power to hear the judicial review relating to the state religious authorities’ decision.

Chief Justice Tengku Maimun Tuan Mat

Validity of Section 66A

The apex court found that Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 is unconstitutional and void as it is a provision that the state assembly has no power to make.

The Federal Court ruling was in relation to SIS’ application to strike down the state provision (this application is separate from the appeal proper).

The main aspect of SIS’ upcoming appeal before the Court of Appeal is over the validity of Section 66A.

This appeal is against the Kuala Lumpur High Court decision on Aug 27, 2020, which dismissed the group’s judicial review against a Selangor religious authority’s 2019 fatwa labelling the group as deviant.

In denying SIS’ legal challenge against the fatwa, the lower court had ruled that the civil court (which included itself) had no jurisdiction to hear matters pertaining to syariah law, and that the group has the option to seek a fatwa review with the state Syariah Court. - Mkini