S'gor assembly has no authority to give judicial review powers to Syariah Court, Federal Court declares

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PUTRAJAYA: The Federal Court declared on Monday (Feb 21) that the Selangor legislative assembly has no authority to make an enactment which confers the state Syariah Court the power to review fatwa issued by the state religious authorities.

, in a unanimous decision, said the court found that Section 66A of the Administration of the Religion of Islam Enactment 2003 was unconstitutional and void as it is a provision that the Selangor legislative assembly has no power to make.

"Therefore, the petition by SIS Forum is allowed with no order as to costs," said Justice Tengku Maimun. The other judges on the bench were Court of Appeal president Tan Sri Rohana Yusuf, Chief Judge of Malaya Tan Sri Azahar Mohamed, Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim and Federal Court judges Datuk Seri Mohd Zawawi Salleh, Datuk Vernon Ong Lam Kiat, Puan Sri Zaleha Yusof, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.

On Sept 22 last year, the Apex Court allowed an application by SIS to obtain leave to pursue its legal challenge in the Federal Court through Article 4 of the Federal Constitution.

 

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