Nine Individuals Indicted for Sedition in connection with a Melayu-Muslim Cultural Gathering in 2022
February 20, 2025
Southeast Asia Public Interest Lawyers (SEAPIL) observes with interest and solidarity with all that stand for rule of law and due process that are framed on human rights
Beyond just labelling human rights defenders as “sesat” or deviant, this case could be earthshaking in terms of the Malaysian Federal Constitution’s fundamental liberties; of freedom of expression and information – whether fatwas or edicts could order the Federal cyber agency to take down social media, on vague ‘liberal and pluralism’ grounds.
This case concerns the constitutionality of a fatwa issued by the Selangor State Fatwa Committee in 2014 that declared SIS as deviant from Islam. The same fatwa orders that social media with pluralism and liberal content be removed.
The targeting of gender equality and access to justice advocates ignores the fact that SIS has been working side by side with generations of Muslim women, within an islamic framework that is based on legal reform, human rights education, and meaningful remedies for women facing injustice in courts that are all rooted with Islamic teachings.
SEAPIL reaffirms the foundational importance of judicial independence in upholding constitutional liberties. We also recognise the role of institutional safeguards that support the judiciary’s ability to function free from influence, as a vital component of any democracy governed by the rule of law.We respect the decision made by the Federal Court regarding SIS’ status as a registered company that the Fatwa could not apply to them. However, we strongly criticised the way the Federal Court failed to “clarify the fundamental liberties outlined in the Constitution, and the due legal process that should apply over fatwas”.
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