NajibTunRazak-reut-670
Malaysian Prime Minister Najib Razak. — Photo by Reuters

KUALA LUMPUR: Four transsexuals are challenging a law that bars men from dressing or behaving as women in Muslim-majority Malaysia, saying it is unconstitutional.

The landmark case was heard Thursday at the Seremban high court, just south of Kuala Lumpur, where the four claimed the law of the state of Negeri Sembilan infringed on their rights enshrined in the federal constitution.

Homosexuality and transsexual lifestyles remain taboo and are considered a social and moral ill by many in Malaysia, where sodomy is punishable by up to 20 years in prison.

Aston Paiva, lawyer for the four, told AFP Friday the constitution protects “the right to live in dignity and not be punished for what you are born as, including race and gender.”

“They have a medical condition known as Gender Identity Disorder. They are anatomically male but psychologically female and they cannot change this,” he said.

Juzaili Khamis, 24, Shukor Jani, 25, Wan Fairol Wan Ismail, 27, and Adam Shazrul Yusoff, 25, work as bridal make-up artists and identify themselves, and dress, as women.

According to Paiva, all have previously been arrested under Section 66 of the Syariah Criminal (Negeri Sembilan) Enactment, which bars Muslim men from dressing or posing as women, with Juzaili and Shukor currently facing charges in court.

If convicted, the duo face a maximum fine of RM1,000 ($320) and up to six months in jail.

The constitution states that “no person shall be deprived of his life or personal liberty”, bars discrimination on the grounds “of religion, race, descent, place of birth or gender” and protects freedom of expression.

Muslims, who make up over 60 per cent of Malaysia's 28 million people, are subject to both criminal laws and Islamic laws.

Malaysia made headlines last year when police said they would stop an annual gay rights festival. The organisers decided to call off the event for the safety of the participants.

Two states then said they were considering laws to jail gay Muslims and gay rights supporters while de facto law minister Nazri Aziz was reported to have said same-sex marriages “will not happen in our country. Full stop!”

Opinion

Editorial

Tough talks
Updated 16 Apr, 2024

Tough talks

The key to unlocking fresh IMF funds lies in convincing the lender that Pakistan is now ready to undertake real reforms.
Caught unawares
Updated 16 Apr, 2024

Caught unawares

The government must prioritise the upgrading of infrastructure to withstand extreme weather.
Going off track
16 Apr, 2024

Going off track

LIKE many other state-owned enterprises in the country, Pakistan Railways is unable to deliver, while haemorrhaging...
Iran’s counterstrike
Updated 15 Apr, 2024

Iran’s counterstrike

Israel, by attacking Iran’s diplomatic facilities and violating Syrian airspace, is largely responsible for this dangerous situation.
Opposition alliance
15 Apr, 2024

Opposition alliance

AFTER the customary Ramazan interlude, political activity has resumed as usual. A ‘grand’ opposition alliance ...
On the margins
15 Apr, 2024

On the margins

IT appears that we are bent upon taking the majoritarian path. Thus, the promise of respect and equality for the...