PUTRAJAYA, Nov 7 ― Transgenders all over Malaysia have been urged to challenge Shariah laws outlawing crossdressing in each state, after the Court of Appeal ruled earlier that the Negri Sembilan version is inconsistent with the Federal Constitution and therefore void.

Calling the decision “landmark”, rights group Justice for Sisters (JFS) said the transgender community should now feel empowered and realise that their rights are being tread upon.

“I'd say this is a historical moment for the transgender community not just in Seremban, but throughout Malaysia. It’s a landmark case. Hopefully we can use this case as a landmark case to challenge in other states too,” JFS’ activist Nisha Ayub told reporters outside the court here.

Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992 outlaws any Muslim man who “wears a woman attire and poses as a woman”, with the punishment of a fine not exceeding RM1,000 or jail of not more than six months or both.

The court’s three-man bench, led by Justice Datuk Hishamudin Mohd Yunus, ruled today that the Shariah law contravened constitutional provisions that guarantee personal liberty, equality, freedom of movement, and freedom of expression.

It also said the law was discriminatory as it fails to recognise men diagnosed with the Gender Identity Disorder (GID), or transgenderism.

Besides Negri Sembilan’s Section 66, other states’ Shariah criminal enactments also have provisions that give religious authorities the right to prosecute the trans community for “cross-dressing”, with fines ranging from RM1,000 to RM5,000, and imprisonment from six months to three years.

“I would definitely encourage other transgenders in other states to do the same thing, because it’s time for us to move on,” said Nisha.

“The thing about the trans community, once they see this, you encourage them to come out rather than being oppressed. Looking at today’s judgment, they will be more empowered to come out.”

Nisha also said the transgender community is unfazed by probable backlash from religious authorities, who might intensify their crackdown on the community despite the ruling.

“[The persecution] is not something new. At least now the transgender community know their right to challenge the law, not to just plead guilty.”

Muslim-majority Malaysia continues to reject the perceived rise in queer activities, which it deems to be an assault against Islam together with growing calls for greater civil liberties.

Transgender activists estimated that there are around 60,000 Malaysian who identify as transgenders, with Malays making up 70 per cent of them.

“Transwomen” or “transgender” are terms used to refer to those who were born male but associate themselves with the female identity, and has nothing to do with sexual preferences.