What is the core legal argument of Sisters in Islam regarding the fatwa?

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The Core Legal Argument of Sisters in Islam Regarding the Fatwa

Sisters in Islam (SIS) is challenging the Selangor fatwa not on its substance within Islamic law, but on the grounds that its issuance exceeded legal boundaries and infringed upon fundamental freedoms. The group contends that the fatwa, which labelled them as "deviant" for alleged religious liberalism and pluralism, was not made legally. This legal argument focuses on whether the fatwa itself was enacted within the proper legal framework, rather than debating the theological correctness of its pronouncements.
The Fatwa's Scope and Impact on Fundamental Freedoms

The fatwa in question declared SIS as "deviants" and also deemed publications containing elements of liberalism and religious pluralism as "haram" (forbidden) and subject to seizure. Furthermore, the edict called for the Malaysian Communications and Multimedia Commission (MCMC) to monitor and block social media content deemed against Islam. SIS argues that this fatwa transgresses legal limits by specifically targeting corporate entities and individuals, thereby impinging on constitutionally protected fundamental freedoms, including the freedom of association, expression, and the diversity within the freedom of religion.
Procedural History of the Legal Challenge

The legal journey of SIS's challenge has been protracted, spanning nearly four years primarily dealing with preliminary legal objections rather than the substantive merits of the case. Initially, a High Court dismissed the case, ruling that civil courts lacked jurisdiction and that only Shariah courts possessed the authority to adjudicate matters concerning the fatwa. Subsequently, the Court of Appeal reinstated the lawsuit, directing it to be heard by the High Court. Most recently, the Federal Court has decided to send the case back to the High Court for a comprehensive hearing on its merits, allowing all parties to raise any issues, including jurisdiction, to be considered concurrently.
The Federal Court's Decision to Remand for a Full Hearing

The Federal Court panel, chaired by Chief Justice Tan Sri Richard Malanjum, ultimately ordered the case to be returned to the High Court for a full hearing on its merits. This decision was made via a consent order among all parties involved, including SIS and the Selangor Islamic bodies. The agreement stipulates that the High Court will decide all raised issues, including the Selangor Islamic bodies' argument regarding civil court jurisdiction, alongside the substantive arguments of the judicial review application itself. This move aims to expedite the resolution of the matter and avoid further preliminary legal battles.

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What is the core legal argument of Sisters in Islam regarding the fatwa?

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