A provision to punish the Muslim transgender community for cross-dressing in Negri Sembilan is legal, even if it violates the rights of citizens under the Federal Constitution, the Court of Appeal heard today.
Senior federal counsel Suzana Atan submitted that this was because the constitution allowed state legislative assemblies to enact laws dealing with acts that went against the precepts of Islam.
She said Article 74 (2) of the constitution allowed states to enact laws and charge Muslims at a shariah court.
"Section 66 is a valid law and not unconstitutional because it is an offence for male Muslims to be dressed in female attire in that state," said Suzana, who appeared as amicus curiae (friend of the court).
She was referring to Section 66 of the Negri Sembilan Shariah Criminal Act 1992, which makes it an offence for men to cross-dress and provides for punishment of up to six months in prison, a fine of up to RM1,000, or both, upon conviction.
Four Malay transwomen who were arrested and charged in the religious court had challenged the constitutionality of Section 66.
They contended that Section 66 violates their fundamental rights enshrined in the constitution, namely the prohibition of discrimination based on gender; freedom of expression; freedom of movement; and the right to live with dignity, privacy and to livelihood.
Suzana said the Mufti of the state had given his opinion (fatwa) that it was against the religion for Muslim men to cross-dress.
Datuk Mohd Hishamuddin Mohd Yunus, who chaired the three-man panel hearing the appeal, asked Suzana whether Islam recognised those suffering from a "gender identity disorder".
She said the religion did not.
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