The Federal Court will deliver its decision on a preliminary objection raised in the appeal by the Negeri Sembilan government and four others over an appellate court's decision in declaring invalid the state Syariah enactment criminalising Muslim men for cross-dressing on Oct 8.
Federal Court Corporate Communication and International Relations Division head Mohd Aizuddin Zolkeply, when contacted, confirmed the date.
He said the decision would be delivered at 2pm on that day.
On Aug 13, counsel Tan Sri Muhammad Shafee Abdullah, representing the Negeri Sembilan government and the four others, had raised a preliminary objection in the appeal saying that the bid by the three transgender people to challenge the state Syariah enactment was premature because there was no decision made by the
public authority.
In his submission before a five-man Federal Court bench led by Court of Appeal President Tan Sri Md Raus Sharif, Muhammad Shafee said the three transgender people had also used the wrong mode to challenge the state Syariah enactment.
Muhammad Shafee told the court that they should have invoked Article 4 of the Federal Constitution to go straight to the Federal Court to challenge on the constitutionality of the enactment by way of petition.
To do so, he said, the transgender must first obtain leave from a Federal Court judge to pursue their petition.
He said the High Court and Court of Appeal should have not entertained the transgender's judicial review application and appeal.
The three Muslim bridal make-up artists -- Muhamad Juzaili Mohamad Khamis, 26, Syukor Jani, 28, and Wan Fairol Wan Ismail, 30 -- had filed a judicial review application at the Civil High Court to seek declaration that Section 66 of the Negeri Sembilan Syariah Criminal (Negeri Sembilan) Enactment 1992, which criminalises Muslim men for cross-dressing, was invalid and unconstitutional.
Their counsel, Aston Paiva, had submitted that constitutional issues could be raised at any time and leave of the Federal Court need not be obtained.
The appeal was brought by the Negeri Sembilan government, the Negeri Sembilan Department of Islamic Religious Affairs and its director, Negeri Sembilan Syariah enforcement chief and the Negeri Sembilan Chief Syarie prosecutor.
Justice Md Raus had reserved the court's decision on the preliminary objection after the court heard submission on the preliminary objections from parties in the appeal.
The other judges who presided on the panel were federal court judges Tan Sri Ahmad Maarop, Tan Sri Hasan Lah, Datuk Azahar Mohamed and Datuk Zaharah Ibrahim.
On Nov 7 last year, the Court of Appeal allowed an appeal brought by the three transgenders and declared Section 66 of the Negeri Sembilan Syariah Criminal (Negeri Sembilan) Enactment 1992 as invalid and unconstitutional.
A three-member panel chaired by Justice Datuk Mohd Hishamudin Mohd Yunus held that the provision discriminated Muslim men suffering from a medical condition called gender identity disorder (GID).
The Court of Appeal overturned a High Court's dismissal of the trio's judicial review application which rejected their request to declare unconstitutional Section 66.
Bernama
Fri Oct 02 2015
Image for illustration purposes only. Before this, three transgenders had sought to have the law which criminalises Muslim men for cross-dressing, declared as invalid unconstitutional.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.