KUALA LUMPUR, Dec 12 — The Negri Sembilan state government has hired Umno lawyer Tan Sri Muhammad Shafee Abdullah to obtain leave to appeal a landmark decision by the Court of Appeal on transgenders’ rights, according to a court document made available to Malay Mail Online.

The prominent lawyer, who was in the news recently for appearing as lead prosecutor in Datuk Seri Anwar Ibrahim’s second sodomy case, will be raising seven legal points on the appellate court’s decision against an anti-cross dressing Shariah law.

Among others, Shafee will question whether a male person can use his Gender Identity Disorder (GID) status as a defence when he is charged under the abovementioned Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, and whether the Shariah court has to consider the medical condition.

It was reported on December 5 that the Negri Sembilan government, the state’s Islamic Religious Affairs Department’s (JHEAINS), JHEAINS’ director, its chief enforcer, and the state’s chief Shariah prosecutor had filed the application in the Federal Court.

An applicant in civil cases must first obtain leave from the Federal Court before appealing against a Court of Appeal decision.

Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992 outlawed any Muslim man who “wears a woman’s 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.

On November 7, a three-judge panel on the Court of Appeal, led by Justice Datuk Hishamudin Mohd Yunus, ruled that the state 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.

Muslim-majority Malaysia continues to reject the perceived rise in gay 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 Malaysians who identify as transgenders, with Malays making up 70 per cent of them.