NGO Islam bawa isu hak pertubuhan saman fitnah ke Mahkamah Persekutuan

Malaysia's Ikram Foundation has petitioned the Federal Court to reconsider its ruling that the organization lacks legal personality and protection against slander, citing a lack of legal status. The NGO seeks to challenge the Federal Court's earlier decision that the non-profit organization cannot sue individual members for slander, as it lacks legal standing and reputation protection.

In its petition, Ikram Foundation presents ten legal questions that meet the criteria set under Section 96 of the Courts of Justice Act 1964. The right to appeal to the Federal Court is only granted when a case raises new issues related to constitutional or legislative matters of public interest and should be decided by the country's highest court.

Public records obtained by FMT show Ikram official Mahdzir Isa filing an affidavit to support the petition, submitted on July 22. On June 24, the three-judge Federal Court panel rejected Ikram's appeal for slander against independent Islamic scholar and prosecutor Ridhuan Tee Abdullah. Judge Amarjeet Singh, delivering the judgment, stated that Ikram cannot continue the slander lawsuit as the organization lacks legal personality.

Amarjeet noted that unlike government agencies or corporations, Ikram does not have a reputation that can be protected under the law. He said the court followed the Federal Court's 2022 decision in the Lim Lip Eng v MCA case, which found that a political party cannot sue individuals for slander. In that case, Lim succeeded in dismissing a RM100 million slander lawsuit filed by the MCA against him in 2017.

The Ikram lawsuit against Ridhuan was filed by Mahdzir, the organization's official, based on three Facebook posts accusing the organization and its members of being traitors, anti-Islam, and having a political stance opposed to their faith. Plaintiffs claim the statements are false and have tarnished their reputation and Ikram's.

Last year, the Federal Court in Shah Alam ruled that Ridhuan's Facebook posts published in 2020 were slanderous. However, despite the High Court finding Ikram had met all elements of slander, the court dismissed Ikram's claim as the organization lacked legal standing to sue for slander. Judges Firuz Jaffril and Ismail Brahim also served on the panel.