In Response to JAIS Circular Dated 4 June 2025 as reported in Harian Metro https://www.hmetro.com.my/mutakhir/2025/06/1227006/jais-mohon-solat-hajat-kes-sis-forum-malaysia-cabar-keabsahan-fatwa-fahaman?utm_source=WA-HM&utm_medium=social&utm_campaign=WATraffic
We acknowledge the right of the Selangor Islamic Religious Department (JAIS) to call for solat hajat in seeking divine guidance. As believers ourselves, we value sincere prayer and reflection, especially in moments of public deliberation. However, we find it necessary to clarify and reaffirm the principles upon which our ongoing legal challenge is based.
Our judicial review is not an attack on Islam, nor is it a challenge to the sanctity of religion. Rather, it is an exercise of our constitutional right as citizens of Malaysia to seek legal redress in matters that affect our fundamental liberties—particularly the right to be heard and to ensure that due process under the law is observed.
The fatwa in question, issued in 2014, declared SIS deviant without affording us the opportunity to defend ourselves. It also has wide-reaching implications on freedom of expression, association, and religion as guaranteed under the Federal Constitution.
We are not alone in raising concerns about the lack of procedural fairness in how fatwas are issued and enforced. Scholars, lawyers, and rights-based organisations have long pointed out the need for transparency, consultation, and accountability within the fatwa process, especially when such pronouncements affect civil society groups and individuals directly.
Sisters in Islam remain steadfast in promoting an understanding of Islam that centres equality, justice, and compassion—principles deeply rooted in the higher objectives (maqasid) of the Shariah. We have long championed legal reforms that uphold the rights and dignity of Muslim women, particularly in matters of family law. As the only organisation in Malaysia providing free legal advice to women navigating the often intimidating and complex Syariah court system, we speak from lived realities and evidence. Our ground-level engagements and data-backed surveys reflect a system in urgent need of transformation. The call for systemic reform of the Syariah courts is not new, and it is a struggle we continue to uphold—because justice cannot wait.
We urge all parties to engage in dialogue rather than division, and to allow the judiciary to perform its role free of undue pressure or politicisation.
We trust in the independence and wisdom of the Federal Court to assess our case based on the rule of law, the Constitution, and principles of justice. It is in this spirit that we approach the judgment on 19 June 2025.
Sisters in Islam is a non-governmental organisation working towards advancing the rights of Muslim women in Malaysia within the framework of Islam, universal human rights principles, constitutional guarantees, as well as the lived realities and experiences of women.
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For media enquiries, kindly contact:
Ameena Siddiqi – Communications Manager
Sisters in Islam – SIS Forum Malaysia
No.4, Lorong 11/8E, 46200 Petaling Jaya, Selangor Darul Ehsan, MALAYSIA
Email: [email protected] | Mobile: +6 012-380 1049 | Tel: +603 7960 5121 | Fax: +603 7960 8737