GISBH fails in bid to challenge Kedah fatwa declaring teachings deviant
PUTRAJAYA, Sept 11 — The Alor Setar High Court has dismissed an application by GISB Holdings Sdn Bhd (GISBH) and i...
The High Court in Alor Setar has rejected an attempt by GISB Holdings Sdn Bhd and its CEO, Nasiruddin Mohd Ali, to challenge a Kedah fatwa issued against them last year. The fatwa declared the group's beliefs and teachings as deviant and contrary to Islamic teachings, and stated that anyone who went against it could face legal action under Kedah's Syariah Criminal Offences Enactment.
Judge Evawani Farisyta Mohammad dismissed the application after the Attorney General objected, stating that the fatwa's content was a matter of Syariah law and thus fell under the exclusive jurisdiction of the Syariah Court. This meant that the Civil Court, including the High Court, had no jurisdiction to review or overturn the fatwa.
The fatwa was issued by the Kedah State Fatwa Committee, the Kedah State Islamic Religious Council, and Kedah's Mufti, and was based on the Sultan of Kedah's prerogative powers. GISB and Nasiruddin had sought to initiate judicial review proceedings, but the judge ruled that the fatwa could not be challenged through this route.
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