PETALING JAYA: The Court of Appeal has ordered GISB Holdings Sdn Bhd (GISBH) to pay RM5,000 in costs to the Attorney-General’s Chambers for a 27-day delay in filing its appeal record in a challenge to a Selangor fatwa declaring it deviant from Islamic teachings.
A three-member Court of Appeal panel chaired by Justice Zaini Mazlan made the ruling after hearing submissions from GISBH and the AGC, which represented the Selangor fatwa committee and the Selangor Islamic Religious Council as respondents.
Lawyer Zulfikri Ulul Azmi, representing GISBH, sought an extension of time to file the appeal record, saying his team was unaware that a draft index had not been submitted. He said the error had since been rectified.
Federal counsel Sallehuddin Ali, representing the respondents, opposed the application.
"We maintain our position as stated in our submissions and leave the matter of costs to the court," he was quoted as saying by Berita Harian.
After hearing submissions from both parties, Zaini, sitting with Justices Ong Chee Kwan and Radzi Harun, allowed the application for an extension of time and ordered GISBH to pay RM5,000 in costs to the AGC immediately.
The appeal relates to the Shah Alam High Court’s decision in January to dismiss GISBH’s application for leave to initiate a judicial review challenging a fatwa issued by the state fatwa committee and gazetted on Oct 16, 2024.
In her grounds of judgment, High Court judge S Narkunavathy ruled that the challenge to the fatwa could not proceed through a judicial review in the civil courts, as the matter fell under the jurisdiction of the shariah court.
She referred, among others, to Article 121(1A) of the Federal Constitution, which limits the jurisdiction of civil courts over matters within the jurisdiction of the shariah court.
The High Court also examined the nature of the fatwa, which, according to the grounds of judgment, was directed at GISBH’s Muslim leaders, followers, employees and members.
In its memorandum of appeal, GISBH challenged the decision, arguing that its application did not seek to have the civil courts determine questions of Islamic law, but rather to examine the validity of the fatwa and the process through which it was issued.
It also raised questions about the implementation of a fatwa against a corporate entity such as GISBH.
On Oct 18, 2024, the Selangor fatwa committee issued a fatwa declaring GISBH an organisation that promotes deviant teachings, after finding that its wider network practised the teachings of the Darul Arqam group, which was banned in 1993.