PUTRAJAYA: The Court of Appeal today ordered GISB Holdings Sdn Bhd (GISBH) to pay RM5,000 in costs to the Attorney-General's Chambers (A-GC) over a 27-day delay in filing its record of appeal regarding a Selangor fatwa declaring the company deviant.
A three-member bench chaired by Datuk Mohamed Zaini Mazlan made the order after hearing submissions from GISBH as the appellant and the A-GC representing the Selangor Fatwa Committee and the Selangor Islamic Religious Council (MAIS) as respondents.
Counsel Zulfikri Ulul Azmi, representing GISBH, applied for an extension of time to file the record of appeal.
He said his team had overlooked submitting the draft index, but the error had since been rectified.
Federal Counsel Muhammad Sallehuddin Md Ali, appearing for the respondents, objected to the application.
"We maintain the position stated in our submissions, and as for costs, we leave it to the court," he said.
After hearing both sides, Zaini granted the extension of time and ordered GISBH to pay RM5,000 in costs to the A-GC immediately.
"The appellant must pay RM5,000 to the A-GC immediately because you made the mistake," said Zaini, who sat alongside Datuk Ong Chee Kwan and Datuk Seri Mohd Radzi Harun.
The appeal pertains to a Shah Alam High Court decision on Jan 9 dismissing GISBH's bid for leave to initiate judicial review proceedings challenging the Selangor Fatwa Committee's fatwa gazetted on Oct 16, 2024.
In her grounds of judgment, High Court judge Datuk S. Narkunavathy ruled that the challenge could not proceed via judicial review in civil court as the matter falls under the jurisdiction of the Syariah Court.
She cited Article 121(1A) of the Federal Constitution, which removes matters within the jurisdiction of the Syariah Court from the purview of civil courts.
The High Court also noted that the fatwa was directed at Muslim leaders, followers, employees, and members of GISBH.
In its memorandum of appeal, GISBH argued that its challenge was not meant to ask civil courts to decide on Islamic legal rulings, but rather to review the legality and issuance process of the fatwa.
The company also raised questions regarding the applicability of the fatwa to a corporate entity like GISBH.
The fatwa was gazetted on Oct 16, 2024, after the Selangor Fatwa Committee declared GISBH deviant from Islamic teachings.
GISBH filed a notice of appeal against the High Court's ruling on Feb 6.
On Oct 18, 2024, the Selangor Fatwa Committee gazetted a declaration that GISBH deviated from Islamic teachings, barring Muslims from practising its beliefs, teachings, and doctrines.
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