World · Malaysia Bureau
Malaysian court rules civil courts cannot overturn Kedah Islamic edict
A high court in Alor Setar has determined that civil courts lack jurisdiction to hear cases involving matters under the purview of Islamic courts. The ruling rejected an attempt by a chief executive officer and a company to overturn a fatwa issued by Kedah's religious authorities.
LSN Malaysia ·
The High Court of Alor Setar has clarified the jurisdictional boundaries between Malaysia's civil and Islamic legal systems, ruling that civil courts cannot entertain applications to reverse fatwas—Islamic religious edicts—that fall within the authority of Shariah courts.
The decision arose from a case brought by a company executive and the firm, identified as GISBH and its chief executive officer, who sought to nullify a fatwa issued by the Kedah Islamic religious authorities. The court determined that such matters are exclusively within the purview of the Shariah judicial system and cannot be adjudicated through civil proceedings.
The ruling underscores the distinct separation of powers between Malaysia's dual legal framework, where civil courts handle secular matters while Shariah courts exercise authority over Islamic law and religious affairs. This jurisdictional clarity is significant for both individuals and businesses operating in Malaysia, particularly in states like Kedah where Islamic law applies.
The outcome reflects established legal principles in Malaysia's constitutional framework, which reserves certain categories of cases for the Islamic court system. The judgment signals that parties seeking to challenge or overturn religious edicts must pursue remedies through appropriate Islamic legal channels rather than appealing to civil courts.