What constitutional arguments challenge the Selangor fatwa against SIS Forum?

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Constitutional Arguments Against the Selangor Fatwa Declaring Liberalism and Pluralism as Deviant

SIS Forum's legal challenge against the Selangor fatwa, which declared liberalism and pluralism as deviant and against Islamic teachings, centres on arguments of disproportionate application and unconstitutionality due to a lack of clear definition and notice of criminal conduct. The organization contends that the fatwa, gazetted by the Selangor Government on July 31, 2014, fails to adequately define the terms 'pluralism' and 'liberalism,' leaving individuals and organizations like SIS Forum uncertain about what specific actions could be deemed criminal. This ambiguity, they argue, contravenes fundamental legal principles.
Lack of Specificity and Fair Notice

A core constitutional argument presented by SIS Forum's lawyer is that the fatwa is unconstitutional because it imposes potential criminal sanctions without providing fair notice of what conduct is considered criminal. The fatwa declares SIS Forum, individuals, organizations, and institutions adopting liberalism and pluralism as deviant but does not specify the precise nature of these ideologies or the actions that would constitute a violation. This lack of clarity means that entities could unknowingly engage in behaviour that falls under the fatwa's prohibition, thereby undermining the principle of legal certainty.
Disproportionate Application of the Fatwa

SIS Forum, established in 1993 to advocate for women's rights within an Islamic framework and to eliminate injustice and discrimination, argues that the fatwa's declaration is disproportionate to its activities. Their work, focused on promoting fair treatment of women in line with Islamic principles of justice and compassion, is presented as being within the bounds of acceptable discourse. The legal team contends that imposing a 'deviant' label and potential sanctions on such advocacy, without clear justification or definition, represents an overreach that is constitutionally unsound.
Legal Precedent for Unconstitutional Sanctions

The legal argument further posits that any law or decree imposing criminal sanctions without providing clear and fair notice of the proscribed conduct can be declared unconstitutional. This principle is fundamental to due process, ensuring that individuals are aware of the boundaries of legality before facing penalties. The absence of defined terms and specific examples within the fatwa means that its application could be arbitrary, a concern that carries significant constitutional weight in legal challenges.

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What constitutional arguments challenge the Selangor fatwa against SIS Forum?

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