GISBH, CEO lose bid to overturn Kedah fatwa
The Alor Setar High Court says the civil courts are barred from hearing matters under the shariah courts' jurisdiction.
Two organizations, GISB Holdings Sdn Bhd and its CEO Nasiruddin Ali, sought to challenge a fatwa imposed by Kedah religious authorities on February 20th of the previous year. The fatwa declared the companies as those promoting deviant teachings, and claimed those adhering would be in breach of the state's shariah enactment. However, a High Court in Alor Setar dismissed their legal applications to initiate a challenge to the fatwa.
Justice Evawani Farisyta Mohammad ruled that civil courts lacked jurisdiction to hear the matter, as it pertained to the shariah courts' jurisdiction. The court also noted that the state fatwa involved the ruler's prerogative powers, requiring His Royal Highness's consent for the fatwa to be decided by the state fatwa committee.
Similar challenges to other fatwas issued in the same states by GISBH and Nasiruddin had also been dismissed in the High Courts of Shah Alam and Kangar earlier this year. GISBH and Nasiruddin have filed appeals against all three dismissals.
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- GISBH, CEO gagal batal fatwa Kedah freemalaysiatoday.com