Federal Court: Selangor cannot empower Shariah courts to perform judicial reviews

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Federal Court: Selangor cannot empower Shariah courts to perform judicial reviews, power solely held by civil courts

KUALA LUMPUR, Feb 21 — A nine-judge panel at the Federal Court today unanimously declared that the Selangor state legislative assembly has no authority to make an enactment giving the Shariah courts the power to carry out judicial reviews of Islamic authorities’ decisions.

Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said the Federal Court finds Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 — the Selangor state law that attempted to give Shariah courts the power to hear and decide judicial reviews — to be against the Federal Constitution.

“I find Section 66A is unconstitutional and void as it is a provision which the Selangor state legislative assembly has no power to make,” the judge said in the decision delivered online through the video-conferencing platform Zoom.

Among other things, the chief justice stressed that the Federal Court had in previous cases already decided that the power of judicial review is uniquely held by and to be exercised only by the civil courts.

Source: Malay Mail

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SIS lauds Federal Court ruling Shariah courts’ judicial review powers unconstitutional

KUALA LUMPUR, Feb 21 — Civil society organisation Sisters In Islam (SIS) lauded the Federal Court’s decision to declare as unconstitutional today the Selangor state legislative assembly’s attempt to empower the Shariah courts to conduct judicial reviews of Islamic authorities’ decisions.

SIS executive director Rozana Isa also described as “groundbreaking” the Federal Court’s assertion that judicial review remains the inherent right of the civil courts as well as its interpretation on the definition of Muslims as natural persons.

“The decision by the Federal Court to invalidate Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 (ARIE) on the grounds of unconstitutionality is proof that the Federal Constitution is supreme and the state may not over reach and exclude the judiciary in decision making process. With this matter now resolved, we can now focus on our pending appeal case in the Court of Appeal,” she said in a statement today.

“The Federal Court asserts that judicial review is an inherent right of the civil courts. The judgment also included that the interpretation of the courts on the definition of Muslims as natural persons was also groundbreaking.

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