Transgender case: Federal Court overturns Court of Appeal's decision
Suganthi Suparmaniam
October 8, 2015 15:36 MYT
October 8, 2015 15:36 MYT
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.
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.
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.
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.