How does Article 121(1A) of the Federal Constitution affect fatwa jurisdiction?

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Article 121(1A) of the Federal Constitution Bars Civil Courts from Reviewing Syariah Court Jurisdiction, Including Fatwas

The High Court in Kangar has affirmed that Article 121(1A) of the Federal Constitution fundamentally limits the jurisdiction of civil courts, preventing them from intervening in matters that fall under the purview of Syariah law authorities. This constitutional provision was the primary basis for dismissing an application by GISB Holdings Sdn Bhd (GISBH) and its CEO seeking to challenge a fatwa issued by the Perlis State Fatwa Committee. The court's decision underscores that the determination of religious edicts, such as the one declaring GISBH's teachings as deviant, rests exclusively with Syariah law experts and is beyond the scope of civil court review.
Civil Courts Lack Jurisdiction Over Syariah Matters

The High Court judge, Datuk Mohamad Abazafree Mohd Abbas, explicitly stated that Article 121(1A) of the Federal Constitution clearly delineates the boundaries of judicial authority. This article stipulates that civil courts are precluded from exercising jurisdiction over matters that are within the jurisdiction of the Syariah Court. In this specific instance, the judge found that the Perlis State Fatwa Committee's ruling on GISBH's teachings constituted a matter of Syariah law, thereby falling outside the competence of the civil court.
Fatwa Approval is a Prerogative Beyond Civil Court Review

Further elaborating on the jurisdiction issue, the judge highlighted that the approval of a fatwa is a prerogative of the Raja of Perlis, acting in his capacity as the Head of the Islamic Religion in the state. This executive function is distinct from the Raja's legislative role in approving Bills. Consequently, the court concluded that it lacks the authority to review or hear challenges pertaining to the fatwa, as its issuance is rooted in the Raja's specific religious prerogative, not a matter of civil law amenable to judicial appeal.
Civil Courts Are Not the Appropriate Forum for Religious Faith Determination

The court's reasoning emphasized the underlying purpose of Article 121(1A) of the Federal Constitution, which is to reserve the determination of matters of Islamic faith and practice for bodies possessing the requisite knowledge and expertise. The judge noted that adjudicating the substance of the fatwa would necessitate complex proceedings involving the interpretation of Islamic texts and principles, a task for which civil courts are not designed. The Syariah Court, as the legally recognised body with such expertise, is deemed the appropriate forum for resolving issues concerning religious doctrine and practice.

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How does Article 121(1A) of the Federal Constitution affect fatwa jurisdiction?

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