What are the five legal questions the Selangor Islamic bodies appealed on?

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The Federal Court referred five legal questions for determination in the appeal by Selangor Islamic bodies concerning Sisters in Islam's (SIS) judicial review.

The Federal Court has decided to send the 2014 lawsuit by Sisters in Islam (SIS) back to the High Court for a full hearing on its merits, thereby deferring the resolution of five complex legal questions initially presented by the Selangor Islamic bodies. These questions were central to an appeal that aimed to address jurisdictional and definitional aspects of Islamic law as applied in Selangor, particularly concerning the declaration of SIS as "deviant." The decision to return the case to the High Court was based on a consent order reached by all parties involved, aimed at expediting the substantive hearing of the matter.
The first question concerned the principle of res judicata.

The Selangor Islamic bodies sought to determine whether issues that had already been raised and decided during the hearing for leave for judicial review could be considered res judicata. This legal doctrine typically prevents a matter that has already been judged by a court from being re-litigated. The appeal aimed to clarify the application of this principle in the context of preliminary legal challenges to judicial review applications.
The second and third questions addressed the Shariah Court's jurisdiction.

A key area of contention revolved around the scope of the Shariah Court's authority. The Selangor Islamic bodies questioned whether the Shariah Court's jurisdiction could be inferred from state laws or if it needed to be explicitly stated. Following from this, they also posed whether a fatwa issued under a Selangor state law fell within the exclusive jurisdiction of the Shariah courts.
The fourth question pertained to the definition of a person professing Islam.

The appeal also sought to clarify the legal interpretation of a company that "uses the name of Islam and is controlled by those who profess the religion of Islam." The Selangor Islamic bodies wished to establish whether such an entity could be legally classified as a person that professes the religion of Islam, which has implications for its engagement with Islamic legal frameworks.
The fifth question was about the appropriate court for jurisdiction.

Ultimately, the Selangor Islamic bodies' appeal aimed to have the Federal Court decide whether the civil courts or the Shariah courts possessed the jurisdiction to hear the lawsuit filed by SIS. This question was fundamental to the ongoing legal battle, as the Selangor Islamic bodies had previously argued that the civil High Court lacked the authority to adjudicate matters related to the fatwa.

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What are the five legal questions the Selangor Islamic bodies appealed on?

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