KUALA LUMPUR, Feb 21 — Civil society organisation Sisters In Islam (SIS) lauded the Federal Court’s decision to declare as unconstitutional today the Selangor state legislative assembly’s attempt to empower the Shariah courts to conduct judicial reviews of Islamic authorities’ decisions.

SIS executive director Rozana Isa also described as "groundbreaking” the Federal Court’s assertion that judicial review remains the inherent right of the civil courts as well as its interpretation on the definition of Muslims as natural persons.

"The decision by the Federal Court to invalidate Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 (ARIE) on the grounds of unconstitutionality is proof that the Federal Constitution is supreme and the state may not over reach and exclude the judiciary in decision making process. With this matter now resolved, we can now focus on our pending appeal case in the Court of Appeal,” she said in a statement today.

"The Federal Court asserts that judicial review is an inherent right of the civil courts. The judgment also included that the interpretation of the courts on the definition of Muslims as natural persons was also groundbreaking.

"However, we are also cautious of the Federal Court judgment on the issue of the content of the Fatwa which was decided to be still under the purview of the Shariah Courts.”

Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 is the Selangor state law that attempted to give Shariah courts in Selangor the power to hear and decide judicial reviews on decisions made by those such as the Selangor Islamic religious council (Mais) and Selangor’s fatwa committee.

This is what Section 66A — which was struck down as invalid today by the Federal Court — states: "The Syariah High Court, may, in the interest of justice, on the application of any person, have the jurisdiction to grant permission and hear the application for judicial review on the decision made by the Majlis or committees carrying out the functions under this Enactment.”

Earlier today, a nine-judge panel at the Federal Court unanimously declared that the Selangor state legislative assembly has no authority to make an enactment giving the Shariah courts the power to carry out judicial reviews of Islamic authorities’ decisions.

Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said the Federal Court finds Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 — the Selangor state law that attempted to give Shariah courts the power to hear and decide judicial reviews — to be against the Federal Constitution.

In January 2020, SIS Forum had filed an application to the Federal Court for leave to challenge Section 66A and named the Selangor state government as its respondent. The Federal Court later allowed the Selangor Islamic Religious Council (Mais) to be an intervener or to be part of the case.

The Federal Court had in September 2020 granted leave for the application to be heard, and the nine-judge panel had on October 12 last year heard the arguments by all those involved in the case.

By ruling in favour of SIS Forum today, the Federal Court effectively granted what the company sought, namely a declaration that Section 66A is invalid on the grounds that it makes provision regarding a matter which the Selangor state legislature has no power to make laws on, and that Section 66A is therefore null and void.