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FEDERAL COURT PUTRAJAYA
SIS FORUM (MALAYSIA) & ANOR – Appellant
Versus
JAWATANKUASA FATWA NEGERI SELANGOR & ORS – Respondent
| Table of Content |
|---|
| 1. judicial review applies to executive decisions. (Para 3 , 4 , 5 , 6 , 7) |
| 2. clarification of art 121(1a) in relation to judicial power. (Para 8 , 9 , 10 , 11 , 12) |
| 3. art 121(1a) limits superior courts' jurisdiction over syariah courts. (Para 18 , 19 , 20 , 21) |
| 4. post-121(1a) cases illustrate judicial review constraints. (Para 24 , 25 , 26 , 27) |
| 5. appeal arguments hinge on the applicability of a fatwa. (Para 39 , 40 , 41 , 42 , 45) |
| 6. final decision affirms the need for judicial review of fatwa. (Para 93 , 97 , 98) |
Preliminaries
[1] This judgment is delivered by the remaining judges on this panel pursuant to s 78 of the Courts of Judicature Act 1964, as our learned brother, Abdul Karim Abdul Jalil FCJ, has since mandatorily retired from the Bench.
[2] My learned brother, Abang Iskandar Abang Hashim PCA and my learned sister Nallini Pathmanathan FCJ, have seen this judgment in draft and have agreed with it.
[3] In all civilised democracies with independent Judiciaries, judicial review applications are routine against the Executive branch of Government for decisions and omissions they make in the exercise or non-exercise of their discr
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