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Kedah court upholds shariah jurisdiction in fatwa dispute case

The Alor Setar High Court has dismissed an application to overturn a fatwa, ruling that civil courts lack authority over matters falling under shariah jurisdiction. The decision reinforces the boundary between Malaysia's dual legal systems.

LSN Malaysia · 11 September 2026

Kedah court upholds shariah jurisdiction in fatwa dispute case

A High Court in Alor Setar has rejected a bid by a business entity and its chief executive to challenge a fatwa issued in Kedah, affirming that civil courts are constitutionally barred from intervening in shariah court matters. The ruling underscores the jurisdictional divide that defines Malaysia's legal framework, where Islamic religious matters fall exclusively under shariah courts' purview. The court determined that the fatwa in question fell squarely within the shariah courts' domain, making it impermissible for the civil judiciary to entertain the application. This decision reflects established jurisprudence in Malaysia where the Federal Constitution reserves certain matters for the shariah system, preventing civil courts from hearing cases that intersect with Islamic law and religious authority. The judgment is likely to have implications for other parties seeking civil remedies against shariah-related decisions, as it reinforces the principle of separate but parallel legal jurisdictions.