A landmark 'human rights' victory against a religion. That's how I look at it when the Court of Appeal reversed a ruling by the Seremban High Court, thus condemning the state's Syariah Law on transgender.
And for the first time ever, about 60,000 transgenders in the country - 70 per cent of whom are Muslims - are protected by the Constitution, and by the court.
In Putrajaya today, the Court of Appeal said individuals with Gender Identity Disorder cannot be punished for cross-dressing.
The panel also allowed the appeal of three transgenders, who had sought to have Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 declared unconstitutional.
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The panel lead by Justice Mohd Hishamudin Mohd Yunus ruled that Section 66 contravened multiple Articles of the Federal Constitution, which ensured fundamental liberties, including Article 5(1), 8(1), 8(2), 9(2), and 10(1).
The applicants - Muhamad Juzaili Mohd Khamis, 26, Shukor Jani, 28, and Wan Fairol Wan Ismail, 30 - are also seeking a court order to prohibit their arrest and prosecution under the section.
High Court Justice Siti Mariah Ahmad dismissed the review on Oct 11, 2012, ruling that by virtue of the applicants being born male and being Muslims, their rights under the Constitution are to be disregarded.
I believe this will open up polemics among Muslim scholars and Muslim NGOs who are against transgenders and LGBT.
Minister in charge of Islamic affairs Jamil Khir Baharom should make a stand on the issue immediately.
And for the first time ever, about 60,000 transgenders in the country - 70 per cent of whom are Muslims - are protected by the Constitution, and by the court.
In Putrajaya today, the Court of Appeal said individuals with Gender Identity Disorder cannot be punished for cross-dressing.
The panel also allowed the appeal of three transgenders, who had sought to have Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 declared unconstitutional.
The panel lead by Justice Mohd Hishamudin Mohd Yunus ruled that Section 66 contravened multiple Articles of the Federal Constitution, which ensured fundamental liberties, including Article 5(1), 8(1), 8(2), 9(2), and 10(1).
The Court of Appeal panel, which also included Justices Aziah Ali and Lim Yee Lan, made no order as to costs.The review sought to have Section 66 be declared unconstitutional or to have it declared that the law would not apply to individuals with GID.
Counsel Aston Paiva acted for the applicants while Iskandar Ali Dewa acted as legal advisor for the Negri Sembilan state government, while senior federal counsel Suzanna Atan acted for the Attorney-General's Chambers as amicus curae (friend of the court).
Speaking to reporters, Aston said cross-dressers could still be arrested, but were now empowered to challenge it in the High Court.
Currently, Section 66 allows the Syariah Court to punish any man who dresses or poses as a woman with up to six months in prison or be fined a maximum RM1,000, regardless of whether he has Gender Identity Disorder.
The judicial review filed at the Seremban High Court on Feb 2, 2011 named the Negri Sembilan state government, its Islamic Affairs department and director, the state's Syariah enforcement chief, and prosecution chief, as respondents.
The applicants - Muhamad Juzaili Mohd Khamis, 26, Shukor Jani, 28, and Wan Fairol Wan Ismail, 30 - are also seeking a court order to prohibit their arrest and prosecution under the section.
High Court Justice Siti Mariah Ahmad dismissed the review on Oct 11, 2012, ruling that by virtue of the applicants being born male and being Muslims, their rights under the Constitution are to be disregarded.
I believe this will open up polemics among Muslim scholars and Muslim NGOs who are against transgenders and LGBT.
Minister in charge of Islamic affairs Jamil Khir Baharom should make a stand on the issue immediately.