Regretting that SIS had been targetted by religious authorities despite its decades of human rights and advocacy work focusing on women’s rights in Islam, LFL said SIS should rather be protected.
Its legal coordinator, Zaid Malek, said in a statement today the fatwa had made a “sweeping declaration that SIS and ‘any individuals, organisations and institutions’ holding on to liberalism and religious pluralism’ are deviant from Islamic teachings”.
The fatwa had further instructed the Malaysian Communication and Multimedia Commission (MCMC) to block any websites that went against Islamic teachings and Islamic law.
Zaid said the High Court not only declared that the civil court had no jurisdiction to hear the challenge on the fatwa, but further ruled that SIS should not be immune from having the fatwa applied on it and that justice in this regard warranted the lifting of the corporate veil.
”This is disturbing for three reasons: firstly, it has been held by the Federal Court that under Article 121(1) of the Federal Constitution, judicial power is vested exclusively in the civil High Courts and their jurisdiction and powers are not confined to federal law; secondly, the shariah courts have no jurisdiction over SIS which is a company; and thirdly, the corporate veil can only be lifted in instances of fraud, which is not justified in this case and have troubling ramifications on corporate entities in Malaysia.”
Zaid noted that SIS had been actively championing women’s rights in Islam for decades, giving several examples such as its free legal clinic, Telenisa, which has provided non-judgmental assistance to about 10,000 women and men on their legal rights under the Islamic family law and shariah laws.
To give legitimacy to the “intolerant fatwa” suggested that all the good work of SIS was against the teachings of Islam, he added.
”As with any human rights defender, SIS plays an important role in the promotion and protection of human rights for all. It is not for any religious authorities to declare them as deviants. To do so would open the room for further action to be taken against them, either by the state or even by misguided non-state actors.
”We therefore call on the authorities to protect all human rights defenders and organisations, which is crucial in ensuring that they can work in a safe, supportive environment that is free from attacks, reprisals and unreasonable restrictions.”
Zaid also urged the minister in charge of Islamic affairs, Mujahid Yusof Rawa, to resolve the issue.
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