Wednesday, August 28, 2019

Fatwa may override Federal Constitution?


A dark day for Malaysia, women’s rights

The High Court decision which has upheld the fatwa against Sisters in Islam represents a dark day for Malaysia.
The decision has the effect of eroding rights guaranteed under the Federal Constitution with a fatwa, which is a state subsidiary ruling and not a legislative decision by the parliament.
This dangerously suggests that a fatwa may override our country’s Federal Constitution, and begs the question if the Federal Constitution is still the supreme law of the land.
The judgment represents a dark day not only for SIS, but also for Muslim women in Malaysia. For over three decades, SIS has been carrying the voices of women from the ground to decision-makers and policymakers. Despite the fatwa, SIS remains instrumental in informing laws and conducting programmes that continue to improve the lives of millions of women in Malaysia.
SIS has helped over 10,000 women and men through our Telenisa service – a free legal helpline which remains the only non-judgmental and rights based advisory service for Islamic family and shariah laws in Malaysia today.
Among other issues championed by SIS are ending child marriage and female genital mutilation (FGM), promoting gender equality in Muslim marriages and Islamic family laws, and taking a stance against gender-based violence and moral policing.
The upholding of the fatwa suggests that helping women to get justice in court, informing women of their rights, proposing reforms pertaining to Islamic family law, protecting children and engaging in intellectual discourse on Islam and women’s rights all constitute to being deviant.
The judgment, which may affect public and private companies in Malaysia, sets a dangerous precedence whereby companies are now subjected to shariah laws and hukum syarak where they have Muslim individuals as their “directing minds,” for example, in the hospitality and entertainment industries.
This may include not only the board of directors and shareholders but also the company’s decision-making personnel, who are all now personally subjected to shariah laws via compliance to hukum syarak.
Despite promises of a progressive and forward-thinking Malaysia, it is extremely unfortunate that such a judgment has emerged that may curtail fundamental freedoms enshrined in our Federal Constitution.
While the fatwa continues to hang over our heads, SIS vows to continue championing the rights of women in Malaysia. After 62 years of independence, Malaysian women deserve better than this.
Rozana Isa is executive director of Sisters in Islam.


  1. A democratic country with no women's rights is like pariah Donald Trump's banana republic.Donald Trump is a great pariah,out from a donkey's ass.Do our country like to be like his?

  2. Having Zakir Naik residing in Malaysia is like having Donald Trump in charge of a henhouse.Have our leaders ever thought of that?No,because we have leaders of low IQ.

  3. Sisters in Islam is a Registered Company. It actually operates as a civil organisation, only its area of focus is on matters of legal and social justice among Muslims.

    The company has not been Deregistered, it continues to operate, even in Selangor state.
    Its office bearers have not been arrested or detained.

    This Fatwa was the work of highly prejudiced Islamists in JAIS, has had little or no legal or practical impact, except there is a stigma of the Fatwa in the minds of reactionary Muslim groups.

  4. Only shows that HIW deep is the roots of the deep state been penetrating & intertwining with ALL levels of the administration, even within a new govt!

  5. SIS has no business poking their asses in Islamic jurisdiction. Yes, as far we Muslims are concerned Fatwas override the Federal Constitution. The Constitution was drafted by Britain only in 1957, whereas Syariah Laws existed and ruled the Malay Hinterlands for more than 700 years. If the Muslims are reactionary as you claimed, you and other non-Muslim will never exist in this country' just like what the Christians do in Spain and the Phillipines.

    1. Moron, didn't u confused fatwas with syariah laws!

      Anywhere in the Quran states that fatwas r interchangeable with syariah jurisdictions?

      Lagi, there r still the problems of which schools of syariah laws r u farting about!

      "whereas Syariah Laws existed and ruled the Malay Hinterlands for more than 700 years" - wow!!

      When did the riverine Malacca sultanate convert to Islam? How long ago was the sultanate established by an Hindu prince?

      U might as well claimed that prophet Mohammed 'kurniakan' tanah melayu to morons like u lah! Lebih senang!

      The zombies r indeed reactionary just like the Christians did in Spain & the Philippines! In fact amongst themselves!

      The only difference is the TIME LAG.

      But that's understandable as both faiths share the same origin with the Jewish Abrahamic doctrines.

      Most historians believe that Islam originated in Mecca and Medina at the start of the 7th century CE, approximately 600 years after the founding of Christianity. Tambah lagi (∼100yrs after the death of prophet Mohammed) the time that taken some zombies to convert the TRUTH Islam to zombieism, that's just about right!

    2. just curious, x in yr nick mean ex or screw?