PETALING JAYA: Fatwas remain an essential guide for Muslims in Malaysia, says Datuk Dr Mohd Na’im Mokhtar, even as the Federal Court ruled in favour of Sisters In Islam (SIS) Forum (Malaysia) in a long-standing legal battle over a 2014 Selangor religious edict.
The Minister in the Prime Minister’s Department (Religious Affairs) said the government respected the apex court’s decision and would study its implications carefully to safeguard the credibility and role of fatwa institutions in the country.
He said fatwas continue to play an important role in providing Syariah-based guidance on contemporary issues affecting the Muslim community.
“In light of this, strong cooperation between the judiciary, legislature and religious authorities is important to ensure the function and credibility of fatwa institutions are respected within our constitutional framework,” he said in a statement on Thursday (June 19).
A fatwa is a religious edict or ruling issued by Islamic authorities to guide Muslims on matters of faith and practice.
Earlier, the Federal Court, in a 3-1 majority decision, held that the SIS Forum, being a company, could not be subjected to the fatwa issued by the Selangor Islamic Religious Council, as only individuals professing Islam, not companies, fall under its purview.
The panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, also ruled that the move to ban SIS publications or block their online platforms went beyond the jurisdiction of state religious authorities and should instead fall under federal laws governing media and communications.
However, the court upheld the core of the fatwa, which declares liberalism and religious pluralism as deviant teachings in Islam, meaning it remains enforceable against individuals.
Na’im said the Madani government remained committed to managing Islamic affairs fairly and in accordance with the principles of consultation, knowledge and the rule of law.
He added that the government would continue to uphold the position of Islamic institutions in line with Article 3 of the Federal Constitution, which states that Islam is the religion of the Federation.
