KUALA LUMPUR — In a 3-1 majority ruling, the Federal Court decided that the 2014 Selangor fatwa labeling Sisters in Islam (SIS) as “deviant” cannot be applied to SIS Forum (Malaysia), as it is a company — not an individual professing Islam.
The court clarified that its decision wasn’t about Islamic teachings, but about the Federal Constitution and administrative powers. Three key reasons shaped the ruling:
Only Civil Courts Can Interpret the Constitution
Civil courts — not Shariah courts — have the power to review laws and rule on constitutional matters.
Companies Can’t “Profess” Religion
Only individuals can profess Islam. A company like SIS Forum cannot be subject to religious fatwas targeting Muslims, as per earlier Federal Court rulings in 1998 and 2022.
States Can’t Order Federal Agencies
The Selangor fatwa’s directives to federal bodies like MCMC and calls to seize publications exceeded the state’s authority under federal laws.
As a result, only two parts of the fatwa remain valid: statements targeting individuals with liberal or pluralistic beliefs. The rest — including actions against SIS Forum and its platforms — were declared invalid.
One judge dissented, arguing that fatwa issues should fall under Shariah court jurisdiction and could still apply to entities like SIS Forum.