The Federal Court today overturned the Court of Appeal’s decision in November that the Shariah law on anti-cross dressing was unconstitutional and void.
It further said that the Court of Appeal had no jurisdiction to declare the law unconstitutional and added the three transgenders had used the wrong legal procedure to start their action, The Malaysian Insider reported.
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.
On Oct 11, 2012, The Seremban High Court dismissed the three transgenders judicial review application and ruled that their rights under the Federal Constitution were to be disregarded as they were by virtue born male and Muslim.
READ: Transgender ruling: Do not challenge Allah's teachings - Perak Mufti
In the application they claimed that they had been arrested and harassed by authorities and also charged under Section 66 of the Enactment, which provides for a fine not exceeding RM1,000 or imprisonment not exceeding six months or both, upon conviction.
PHOTO GALLERY: The Controversial Transgender Case Appeal
The allegedly male-to-female transsexuals or 'Mak Nyah' claimed they had been confirmed by a psychiatrist at Hospital Kuala Lumpur to suffer from GID (gender identity disorder).
On Nov 7, 2014, the Court of Appeal unanimously allowed their appeal to set aside the High Court ruling.
The Negeri Sembilan government, the Negeri Sembilan Department of Islamic Religious Affairs, its director, the Negeri Sembilan Syariah enforcement chief, and the Negeri Sembilan Chief Syarie prosecutor appealed against the decision.
On Aug 13, counsel Tan Sri Muhammad Shafee Abdullah, representing the Negeri Sembilan government and the four others, 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.
Suganthi Suparmaniam
Thu Oct 08 2015
The allegedly male-to-female transsexuals or 'Mak Nyah' claimed they had been confirmed by a psychiatrist at Hospital Kuala Lumpur to suffer from GID.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.