On 19 June, the Federal Court partially overturned an earlier decision of the Court of Appeal, ruling that the Selangor religious authorities were unlawful to issue a fatwa against women rights organisation, Sisters in Islam (SIS), but upheld part of the fatwa declaring individuals who subscribe to liberalism and religious pluralism as so-called ‘deviant’. ARTICLE 19 welcomes the verdict. Despite this partial judgement, the decision still represents an important step for freedom of expression, freedom of association and women’s equality in Malaysia.
SIS is a women rights organisation that promotes the advancement of Muslim women’s rights in Malaysia.
Nalini Elumalai, Senior Malaysia Programme Officer at ARTICLE 19, said:
‘This landmark ruling is a welcome development which sends a clear message that the use of fatwa to restrict the work of women rights organisations, particularly those related to religion and gender equality, is unacceptable and must stop.
‘This decision demonstrates the court’s recognition of the important work done by women human rights defenders and reaffirms the fundamental freedoms protected in the Federal Constitution.’
In 2014, the Fatwa Committee for the State of Selangor issued a fatwa against SIS, declaring SIS Forum (Malaysia) and any individuals, organisations or institutions as ‘deviant’ for subscribing to liberalism and religious pluralism, and instructed them to repent and return to Islam. The fatwa also instructed the Malaysian Communications and Multimedia Commission (MCMC) to block access to online content as well as seize materials related to the organisation – a section which the Federal Court has now ruled invalid.
Since its issuance, the fatwa has significantly impacted SIS’ work and their ability to speak freely on issues related to Muslim women’s rights. Most recently, the Selangor Islamic Religious Department (JAIS) urged the public to congregate in all mosques in the state to pray over the case – reflecting the ongoing pressure and harassment that SIS has faced due to the fatwa.
Elumalai continued:
‘For decades, SIS has been at the forefront of advancing the rights of Muslim women in Malaysia. This include empowering Muslim women, educating them on their rights and providing a safe space for their concerns to be raised and addressed.
‘While we applaud the court’s decision, we also note that the issuance of the fatwa and this 11-year-long court battle should never have happened in the first place. Women human rights defenders are often at greater risk due to the nature of the rights they fight for. The work of SIS is crucial in providing support to women in need. If the fatwa had remained in effect against SIS, it would deny many Muslim women their right to access assistance, making their situation even more challenging without any help.
‘We urge the Malaysian government to follow the example of the judges today, make greater efforts to ensure that similar forms of harassment are not repeated and to respect the rights of women rights defenders.’