Post by : Rohit Dhiman

PETALING JAYA: GISB Holdings Sdn Bhd and its chief executive officer, Nasiruddin Ali, have suffered another legal setback after the High Court in Alor Setar dismissed their applications seeking permission to challenge a religious ruling issued by the Kedah authorities. The case centres on a Kedah fatwa issued by the state fatwa committee on Feb 20 last year. The religious ruling classified GISBH as an organisation promoting teachings regarded as deviant by the state authorities. It further stated that individuals who followed the teachings could be considered to have breached provisions under Kedah’s Shariah enactment. GISBH and Nasiruddin had approached the civil court seeking to challenge the ruling through judicial review. 

High Court Rejects GISBH Judicial Review Application

In delivering her decision, Justice Evawani said the applications were effectively seeking to challenge the substance of the fatwa rather than merely examining whether the authorities had followed the correct decision-making process. The judge noted that the applicants were attempting to question the contents of the religious ruling and have it set aside. This, she said, placed the matter within an area that falls under the jurisdiction of the Shariah courts. The distinction was important to the court because a judicial review in the civil courts cannot be used to determine matters that are legally assigned to the Shariah court system. The decision therefore prevented GISBH and Nasiruddin from using the civil court proceedings to overturn the Kedah religious ruling.

Why Did the Court Say Civil Courts Had No Jurisdiction?

The central issue in the case was whether the civil courts could examine and potentially invalidate the state fatwa. Justice Evawani ruled that the civil courts were barred from hearing matters that fall within the jurisdiction of the Shariah courts. The court therefore found that the challenge could not proceed in the manner sought by GISBH and its CEO. The ruling highlights the legal boundary between Malaysia’s civil court system and the Shariah court system when dealing with matters involving Islamic law and state religious authorities. For GISBH, this means that its attempt to challenge the Kedah ruling through the civil courts has been unsuccessful at the High Court level.

Role of Kedah State Religious Authorities

The Kedah fatwa at the centre of the case was issued by the state fatwa committee on Feb 20 last year. The ruling identified GISBH as an organisation promoting teachings considered deviant by the state religious authorities. It also stated that anyone adhering to those teachings would be in breach of the relevant state Shariah enactment. The court also considered the constitutional role of the state ruler in the issuance of a fatwa. Justice Evawani pointed out that the process involved the prerogative powers of the state’s ruler. According to the court, the consent of the ruler is required before a fatwa can be determined by the state fatwa committee. This consideration was another factor in the court’s assessment of whether the civil courts could intervene in the matter.

Similar Fatwa Challenges Also Rejected

The Alor Setar decision is not the first legal setback faced by GISBH and Nasiruddin over similar religious rulings. Earlier this year, the High Courts in Shah Alam and Kangar also rejected challenges brought by GISBH and its CEO against comparable fatwas issued in those states. Those cases were dismissed on similar jurisdictional grounds. The three decisions have therefore followed a broadly similar legal approach, with the courts finding that challenges concerning the relevant religious rulings could not be dealt with by the civil courts in the manner proposed by the applicants.

GISBH and CEO Appeal the Decisions

Despite the three High Court setbacks, GISBH and Nasiruddin Ali have not ended their legal efforts. The company and its CEO have filed appeals against the decisions delivered in Kedah, Selangor and Perlis. The appeals mean that the legal dispute remains ongoing and could now move to a higher court for further consideration. The appeal process will provide the applicants with another opportunity to challenge the lower court decisions and argue their position regarding the religious rulings. Until the appeals are determined, the High Court decisions remain the latest outcomes in the legal proceedings described in the case.

What Happened to GISBH and Nasiruddin Ali?

The Alor Setar High Court dismissed the applications filed by GISBH and CEO Nasiruddin Ali to challenge the Kedah religious ruling. The court held that the civil courts did not have jurisdiction because the matter falls within the sphere of the Shariah courts.

What Is the Kedah Fatwa About?

The Kedah fatwa was issued by the state fatwa committee on Feb 20 last year. It declared GISBH an organisation promoting teachings regarded as deviant and stated that followers of those teachings could breach Kedah’s Shariah laws.

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What Happens Next in the GISBH Case?

The legal battle is not necessarily over. GISBH and Nasiruddin Ali have appealed the High Court decisions in Kedah, Selangor and Perlis. The appeals could determine whether the applicants are able to pursue their challenges further through the Malaysian court system. The latest Alor Setar ruling, however, maintains that the civil courts cannot hear the challenge in its current form because of the jurisdiction of the Shariah courts. For now, the High Court decision represents another setback for GISBH and its CEO in their attempts to overturn the religious rulings issued against them.

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