Malaysia
New Muslim legal group formed to counter landmark transgender judgment
Supporters of transgender rights group Justice for Sisters are seen outside the Court of Appeal after court declares Section 66 of Negri Sembilan Shariah law unconstitutional. u00e2u20acu2022 Picture by Saw Siow Feng

KUALA LUMPUR, Nov 14 — The Malaysian Shariah Lawyers Association (PGSM) has set up a Lawyers for Islam group to assist the government following a landmark ruling by the Court of Appeal that quashed a Shariah law ban on cross-dressing.

Malay daily Sinar Harian reported today PGSM secretary Moeis Basri as saying that Lawyers for Islam, which comprises 30 people to date, will help the Negri Sembilan state government to file an appeal against the appellate court’s verdict.

“We will request the cooperation of Islamic religious councils in other states to file an application to intervene in the appeal and to work together with the relevant parties,” Moeis was quoted saying.

He added that Lawyers for Islam includes civil and Shariah lawyers, as well as lawyers from non-governmental organisations.

“We’ll have a meeting with the government, Islamic religious councils in other states and Islamic institutions to introduce Lawyers for Islam and to offer assistance,” said Moeis.

The Court of Appeal, Malaysia’s second-highest court, ruled November 7 that Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, which prohibits Muslim men from cross-dressing, was unconstitutional and void.

According to the court, the Islamic state law violates several fundamental liberties, notably the constitutional rights to liberty, equality, freedom of movement and freedom of expression.

The appellate court had labelled the law discriminatory as it fails to recognise men diagnosed with gender identity disorder ― in which male sufferers identify themselves as women ― and ruled in favour of three Muslim transgenders ― Muhamad Juzaili Mohd Khamis, Shukur Jani and Wan Fairol Wan Ismail ― who were convicted of cross-dressing under the Negri Sembilan shariah law.

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