Kelantan: transgender woman arrested for gender reassignment. “It is against Sharia law”
For the first time, Islamic law is being used in this Malaysian state to initiate criminal proceedings. The “offence” is punishable by a fine of hundreds of euros and up to two years in prison. Under Islamic law, gender is determined at birth. A similar case involved transgender Nur Sajat, who fled to Australia in 2021.
Kuala Lumpur (AsiaNews) - Authorities in the Malaysian state of Kelantan have charged a transgender woman under Islamic law for ‘allegedly changing sex’, initiating what activists and human rights groups say is the first criminal case of its kind in Malaysia.
The Malaysiakini news portal reports that the defendant (pictured) was arrested earlier this year on a warrant issued by the Kelantan Department of Religious Affairs. The arrest took place during a targeted operation aimed at stopping an event involving a group of transgender people. This was followed by the indictment at the Kota Bharu Sharia court.
The charge was brought under Section 18 of the Kelantan Sharia Penal Code (I) 2019, which criminalises sex change or assisting others who intend to do so. The offence is punishable by a fine not exceeding RM3,000 (approximately £650), imprisonment for up to two years, or both.
‘This is the first case of its kind that we are aware of,’ said Thilaga Sulathireh, co-founder of Justice for Sisters. The activist goes on to add that Kelantan is currently the only state with a provision that ‘explicitly criminalises sex reassignment surgery’, while the protagonist of the story has not wanted - at least so far - to make any statements, maintaining her privacy.
When asked about the case, Kelantan State Executive Councillor for Islamic Affairs Asri Mat Daud said his office was unable to disclose details of the case. ‘I do not have complete information,’ he warned, ‘and there are issues that cannot be disclosed openly. In this case, I must protect all parties involved,’ he concluded.
In 1983, the National Fatwa Council of Malaysia issued a religious ruling prohibiting sex reassignment surgery for Muslims. The decree states that a person's legal sex remains that assigned at birth, regardless of whether or not a “sex reassignment” operation has been performed.
The Kelantan case is part of a history of legal action, crackdowns and public scrutiny involving LGBT people in Malaysia, especially in the case of Sharia-based laws applicable to Muslims.
The most famous episode concerns a 2018 flogging case (Terengganu), when two women were publicly flogged after being convicted by a Sharia court for attempting to have homosexual relations. The punishment attracted international attention and criticism from human rights groups.
Other cases include repeated religious raids over the years, with religious authorities in several states conducting raids at private events or in places suspected of involving LGBT people, often citing moral or religious reasons.
There have also been arrests of transgender women, particularly those engaged in prostitution, who have reported frequent detentions under Islamic laws that criminalise “cross-dressing” or “pretending to be a woman” in public.
Furthermore, there have been censorship and public campaigns with authorities sometimes ordering the removal of LGBT-related content from media and online platforms. In addition, some state governments have organised programmes aimed at “rehabilitating” or “correcting” LGBT people.
Finally, there are allegations of public humiliation and surveillance, with cases documented by human rights groups in which individuals have been photographed, filmed or named publicly, raising concerns about privacy and due process.
The Kelantan prosecution case is also reminiscent of a previous high-profile action against transgender Nur Sajat (born Sajjad Kamaruz Zaman). She was a Malaysian-born transgender entrepreneur and social media influencer who sought asylum in Australia in 2021.
Nur Sajat left the country after facing multiple charges, public harassment and Sharia prosecutions for her gender identity. Canberra granted her asylum and she has since started a business in Australia, where she says she feels safe from persecution.
Meanwhile, human rights groups have repeatedly called for clearer legal safeguards and an end to what they describe as “selective law enforcement and harassment”, while the authorities maintain that the actions taken are in line with existing laws and religious dictates.
.png)
07/02/2019 17:28
27/09/2017 10:13
28/02/2017 15:59
