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Federal Court upholds supremacy of Federal Constitution, quashes Selangor’s 2014 fatwa
KUALA LUMPUR, June 19, 2025: It is a relief and reassuring that there are still judges in Malaysia who uphold the Federal Constitution on matters of race and religion.
The Federal Court today quashed a 2014 fatwa issued by Selangor religious authorities, reaffirmed the supremacy of the Federal Constitution, the right to judicial review, and the principle that no institution, including those issuing fatwas, is above the law.
Sisters In Islam (SIS) hailed the court ruling as a milestone and landmark decision in keeping religious authorities accountable.
No News Is Bad News reproduces below a news report on th court proceeding:
SIS hails court ruling as milestone in keeping religious authorities accountable
The group says the decision to quash the 2014 fatwa reaffirms that no institution, including those issuing fatwas, is above the law.
The Federal Court today quashed a 2014 fatwa labelling Sisters in Islam ‘deviant’, in a ruling hailed as a win for constitutional rights and accountability.
PETALING JAYA: Women’s rights group Sisters in Islam (SIS) has hailed today’s Federal Court ruling as a milestone in ensuring that religious authorities remain accountable to constitutional principles and the rule of law.
The NGO said the landmark judgment, which quashed a 2014 fatwa issued by Selangor religious authorities, reaffirmed the supremacy of the Federal Constitution, the right to judicial review, and the principle that no institution, including those issuing fatwas, is above the law.
“This is not just a victory for SIS, but a win for all Malaysians who believe in due process, democratic oversight, and the inclusive spirit of Islam,” it said in a statement.
SIS also maintained that when religious policies infringe on rights or discriminate, especially against women, citizens have the right to seek judicial review.
“This case is not about Islam, but about public law and public policy that must pass the test of public scrutiny,” it said.
SIS had sought to quash the fatwa by the Selangor Islamic Religious Council that the NGO had deviated from the teachings of Islam by purportedly subscribing to “liberalism” and “religious pluralism”.
It failed in its previous challenge of the fatwa in the lower courts between 2019 and 2023.
Malaysia
SIS Forum wins legal challenge against Fatwa labelling it ‘deviant’
Federal Court overturns Selangor fatwa’s application to organisations in landmark ruling on religious authority limits
Updated 1 hour ago · Published on 19 Jun 2025 10:37AM
The bench ruled the fatwa cannot be applied to organisations and institutions falling under federal jurisdiction - June 19, 2025
SIS Forum (Malaysia) has succeeded in its appeal against a fatwa issued by the Selangor State Fatwa Committee that declared the women's rights group “deviant” and “deviating from Islamic teachings,” following a Federal Court decision delivered on Thursday.
A five-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat ruled in a 3-1 majority decision that the fatwa cannot be applied to organisations and institutions falling under federal jurisdiction.
The court overturned both the High Court and Court of Appeal rulings, allowing the appeal by SIS Forum to the extent that it concerns the application of the fatwa to such entities.
“The decision applies only insofar as the fatwa touches upon federal agencies and the powers of federal agencies,” Tengku Maimun stated, with the full reasoning to be outlined in the complete judgment.
On 21 August 2023, the Federal Court had granted leave to SIS Forum and its founding member Zainah Mahfoozah Anwar to proceed with their appeal, after the Court of Appeal dismissed their attempt to have the fatwa quashed.
The Court of Appeal, in a 2-1 majority ruling, had earlier held that the fatwa issued by the Selangor Fatwa Committee was not a final decision and therefore could not be subject to judicial review.
SIS Forum and Zainah turned to the Court of Appeal after the High Court dismissed their judicial review application on 27 August 2019.
The fatwa, gazetted by the Selangor state government on 31 July 2014, declared that SIS Forum — along with individuals and groups promoting liberalism and pluralism — were deviant and had strayed from Islamic teachings.
It further directed the banning and seizure of publications containing liberal and pluralist views, and urged the Malaysian Communications and Multimedia Commission (MCMC) to monitor and filter online content deemed contrary to Islamic teachings and principles of syariah. - June 19, 2025
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