Alor setar: The Alor Setar High Court has dismissed an application by GISB Holdings Sdn Bhd (GISBH) and its Chief Executive Officer, Nasiruddin Mohd Ali, for leave to initiate judicial review proceedings to challenge a state fatwa issued against them last year.
According to BERNAMA News Agency, the fatwa, issued by the Kedah State Fatwa Committee on February 12 last year, ruled that the beliefs, teachings, tenets, and practices of GISBH members and followers were deviant and contrary to Islamic teachings. The committee also declared that any Muslim acting in contravention of the fatwa committed an offence under the Syariah Criminal Offences Enactment (Kedah Darul Aman) 2014 and was liable to legal action under the laws in force in Kedah.
Judge Evawani Farisyta Mohammad dismissed the application by GISBH and Nasiruddin after allowing the Attorney General's objection to their request for leave to commence judicial review proceedings. In the grounds of judgment dated September 7, which was uploaded on the judiciary's website, the judge stated that the contents of the fatwa were based on Syariah law and therefore fell within the exclusive jurisdiction of the Syariah Court, meaning that the Civil Court had no jurisdiction to determine the matter.
Judge Evawani further explained that the court, concerning the reliefs sought by the applicants, was essentially being asked to review the content or substance of the fatwa and to quash it. She also noted that the fatwa referred to individuals involved with GISBH rather than GISBH as a corporate entity. The fatwa was issued pursuant to the prerogative powers of the Sultan of Kedah, making it a decision that was non-justiciable and could not be challenged through judicial review.
In their application for leave, GISBH and Nasiruddin had sought an order of certiorari to quash the decision made by the respondents through the issuance of the fatwa. The applicants named the Kedah State Fatwa Committee, Kedah State Islamic Religious Council, and Mufti of Kedah as respondents. Nasiruddin and GISBH claimed that the fatwa had adversely affected their operations and reputation, as well as those of individuals associated with them, resulting in them being perceived as followers of deviant teachings.
The Attorney General objected to the application on the grounds that the fatwa was not subject to judicial review or adjudication, as it constituted an exercise of the Ruler's prerogative powers.