Photo by Patrick Goh/The Edge

KUALA LUMPUR (June 19): Sisters in Islam (SIS) welcomed Thursday’s landmark decision in reaffirming the supremacy of the Federal Constitution, the rule of law, and the accountability of all state institutions — including religious authorities.

In a statement, SIS said this was not just a victory for the organisation, but a win for all Malaysians who believe in due process, democratic oversight, and the inclusive spirit of Islam.

“The court's recognition — that fatwas can, and must, be subjected to legal scrutiny — ensures that no institution is above the law, and that all Malaysians — regardless of belief — have recourse when their rights are infringed.

“For over a decade, SIS has been labelled as 'deviant' for advocating justice and equality in Islam. Today’s ruling affirms that our struggle is protected under the fundamental liberties provisions guaranteed to all citizens by the Federal Constitution,” the statement said.

SIS added that the idea that principles such as justice, compassion, dignity, differences of opinion are foreign to Islam is a distortion of the faith’s rich intellectual and juristic heritage.

“We reiterate that our struggle was never an attack on Islam or its authorities. Instead, it was a principled legal challenge to a process that lacked transparency, natural justice, and fairness.

“SIS strongly believes that when a country uses Islam as a source of law, policy, and practice, and the outcomes discriminate against women and violate our fundamental liberties, we as citizens have the right to seek judicial review.”

This case, SIS added, is not about Islam, but about public law and public policy that must pass the test of public scrutiny.

Thursday’s decision, it said, is a milestone in ensuring that religious authorities remain accountable to constitutional values and do not wield power unchecked.

“We thank our legal team, supporters, and members of the public who have stood by us throughout this long legal journey. We now look forward to continuing our work — grounded in Islamic principles and human rights standards — towards building a more just, compassionate, and inclusive society for all, and above all, Muslim women,” they said.

In a majority decision on Thursday, the Federal Court ruled that SIS as a company or organisation cannot be considered as deviant, as they are not “persons professing the religion of Islam”.

However, the apex court did not rule on the fatwa declaring liberal and plural thinking as being deviant and those who adopt it should repent, so this still stands, as it is within the state’s purview.

Muslim lawyers clarify fatwa on liberalism and pluralism not affected

Meanwhile, the Malaysian Muslim Lawyers Association said several media reports writing that the Federal Court decision had fully invalidated the 2014 Selangor fatwa on liberalism and pluralism were incorrect and confusing, and did not represent the full grounds.

Its president, Muhamad Hisham Marzuki, said the apex court did not invalidate the fatwa, and said the court in fact validated the fatwa, in that any individual who holds liberal and pluralist views is considered to be deviant and going against Islamic teachings.

He further added that the fatwa said any individual who adopts liberalism and pluralism needs to repent and return to the true path.

“The setting aside is only on SIS as a company, organisation, or institution, the seizure and banning of publication, and directing the Malaysia Communication and Multimedia Commission to bar [SIS’] social posts,” Hisham said.

He further explained the court’s grounds, that a person professing the religion of Islam does not apply to SIS as it is a company and not a person (natural person) or artificial person.

“The court explained that as a company, it is a made-up entity which does not have a capacity to perform the five pillars of Islam. A company does not have the capacity to do this and also repent,” he said.

Hisham also explained the fatwa has no jurisdiction to bar publications or to erase social postings, as that is within the federal agencies’ jurisdiction under the Printing Presses and Publications Act 1984 and the Communications and Multimedia Act 1998.

Hisham said the Federal Court verified that the fatwa regarding the belief of Muslims is valid and enforceable, and the cancellation only applies on matters pertaining what is within the federal and state jurisdiction.

“We hope that the media is able to report the court decision in an accurate and holistic manner for society’s understanding,” he added.