Cross-dressing: COA's decision has wide implications, says Tun Abdul Hamid

The Court of Appeal's (COA) decision that Section 66 of the Syariah Criminal Enactment (Negeri Sembilan) 1992 contravenes the Federal Consitution has wide implications and could even pave the way for same sex marriage, said former Chief Justice Tun Abdul Hamid Mohamad.

The enactment forbids cross-dressing by Muslim men.

Tun Abdul Hamid said the grounds of judgement given by the court put syariah enactments at risk of being declared unconstitutional.

He said this in an e-mail to Bernama to give his views on the decision by a three-man bench of the COA.

The Appeals Court on Friday decided that the Negeri Sembilan Syariah law which provided punishment for Muslim men dressed in women's clothes in public as flouting the Federal Constitution.

Judge Datuk Mohd Hishamudin Mohd Yunus, who led a three-judge panel, delivered the judgement after allowing an appeal by three men who worked as Mak Andam (beauticians) to set aside a decision by the High Court in Seremban, Negeri Sembilan which rejected their judicial review application to challenge the Syariah law.