Federal Court allows Negeri Sembilan to challenge cross-dressing ruling

The Federal Court has allowed an application by the Negri Sembilan government to challenge the Court of Appeal's ruling against a state Shariah law against men dressing as women.

Five applicants including state religious councils from Selangor, Perak, Penang, Johor and the Federal Territories were rejected.

The five-men bench -- led by Justice Tan Sri Md Raus Sharif -- however said that the court will only decide whether Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, which criminalises cross-dressing, contravenes Articles 5(1), 8(1), 8(2), 9(2) and 10(1)(a) of the Federal Constitution.

Articles 5(1), 8(1), 8(2), 9(2) and 10(1) of the Federal Constitution ensured fundamental liberties.

In November, the Court of Appeal had ruled in favour of three Muslim transgenders ― Muhamad Juzaili Mohd Khamis, Shukur Jani and Wan Fairol Wan Ismail ― who were convicted of cross-dressing under the Shariah enactment that punishes Muslim men who wear women’s attire.

The three-man panel led by Justice Mohd Hishamudin Mohd Yunus and Justices Aziah Ali and Lim Yee Lan, ruled that Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 violated Articles 5, 8, 9 and 10 of the Federal Constitution.

The three Muslims transgenders claimed the provision violates their constitutional right of freedom of expression, movement and their right to live in dignity.