PUTRAJAYA: The Federal Court today granted leave to women’s rights group Sisters in Islam (SIS) to challenge the competency of the Selangor state assembly to pass a law that allows the state Shariah High Court to review fatwas issued by the state religious authorities.
Judge Zabariah Mohd Yusof, who sat as a single judge, said the leave application fulfilled the requirement under Article 4(3) of the Federal Constitution.
Article 4(4) states that leave for such matters can be obtained from a single judge as long as the applicant can show the court that it is not frivolous.
SIS Forum (Malaysia) had filed the challenge on grounds the state legislature cannot pass Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003.
Section 66A states that the Shariah High Court in Selangor has the jurisdiction to hear judicial reviews against the decisions of state religious councils or committees.
However, the applicant argued that any judicial review of a law passed by Parliament and state assemblies could only be heard before a civil High Court.
SIS Forum filed the application in the Federal Court on Jan 21 after the High Court in Kuala Lumpur dismissed its judicial review application against a Selangor religious authority’s fatwa labelling the group as deviant last year
Citing Section 66A, High Court judge Nordin Hassan had ruled that it was within the exclusive jurisdiction of the Selangor Shariah Court to determine legal challenges against a fatwa issued by a state religious committee.
An appeal is pending in the Court of Appeal to reverse Nordin’s decision.
Lawyers Fahri Izzat and A Surenthra Ananth appeared for SIS Forum today while state legal adviser Salim Soib represented the Selangor government.
Surenthra said following today’s decision, SIS Forum had two weeks to file its petition of appeal while the state would be given two weeks to file its defence.
“Assuming there are no interlocutory applications, the court will fix a date to hear the merit of the challenge,” he told reporters.
FMT understands that the Selangor Islamic Religious Council will likely apply to intervene in the suit since SIS Forum has obtained leave.
