Will the Federal Court uphold the Selangor fatwa against SIS Forum?

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The Federal Court Will Deliver Its Ruling on June 19 Regarding the Appeal Against the Selangor Fatwa

The Federal Court is scheduled to deliver its judgment on June 19 concerning the appeal lodged by SIS Forum (Malaysia) against a fatwa issued by the Selangor religious authorities. This fatwa, gazetted on July 31, 2014, declared SIS Forum, along with individuals or groups adhering to liberalism and pluralism, as deviant and contrary to Islamic teachings. The legal proceedings involve SIS Forum and its founder, Zainah Mahfoozah Anwar, as appellants, and the Selangor Fatwa Committee, the Selangor Islamic Religious Council (MAIS), and the Selangor government as respondents.
Leave Granted for Appeal Against Court of Appeal Decision

On August 21, 2023, the Federal Court granted leave to SIS Forum and its founder to pursue their appeal. This followed an earlier decision by the Court of Appeal, which had dismissed their attempt to annul the contentious fatwa. The Court of Appeal, in a 2-1 majority decision, had determined that the fatwa did not represent a final administrative decision, and thus, it could not be subjected to a judicial review. SIS Forum and Zainah had initially sought judicial review after their application was dismissed by the High Court on August 27, 2019.
Fatwa's Directives on Publications and Social Media

The fatwa, as gazetted by the Selangor State Government, not only labelled SIS Forum and proponents of liberalism and pluralism as deviant but also outlined specific directives. It stipulated that any publication promoting liberal or pluralist viewpoints should be banned and confiscated. Furthermore, the fatwa urged the Malaysian Communications and Multimedia Commission to implement censorship of social media content that was deemed to be in conflict with Islamic teachings and syariah law.
Legal Framework for Fatwas in Malaysia

In Malaysia, fatwas are religious edicts issued by state fatwa committees, which are typically advisory bodies. These edicts can carry significant weight, particularly within the context of Islamic law and its application in states with a Muslim majority. While fatwas reflect the religious consensus of a particular state or jurisdiction, their legal standing and susceptibility to judicial review have been subjects of legal debate and varying court decisions. Generally, administrative actions, including the issuance of fatwas, are subject to judicial scrutiny to ensure they are made within the bounds of the law and established procedures. The specific legal challenges often revolve around whether a fatwa constitutes a "decision" that can be challenged in court and the extent of judicial power to review religious pronouncements.

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Will the Federal Court uphold the Selangor fatwa against SIS Forum?

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