Court grants state’s application in Appeals Court cross-dressing decision


  • Nation
  • Wednesday, 28 Jan 2015

PUTRAJAYA: The Negri Sembilan state government has been allowed by the Federal Court to appeal against a ruling that criminalising cross-dressing is unconstitutional.

In granting the appeal, the panel led by Court of Appeal president Justice Md Raus Sharif allowed one question of law: on whether Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 contravened Articles 5(1), 8(1), 8(2), 9(2), 10(1)(a) of the Federal Constitution.

The Negri Sembilan government had sought leave to appeal against the landmark decision by the Court of Appeal which declared Section 66 of the Enactment null and void.

Four other parties – the Negri Sembilan Islamic Affairs department, its director, the state's Syariah enforcement chief, and prosecution chief – were also among the applicants in the appeal.

The state government's lawyer, Tan Sri Muhammad Shafee Abdullah had submitted seven questions of law, including whether the Court of Appeal had jurisdiction to hear questions of constitutionality and if it was premature in voiding the enactment before a criminal case was tried before the Syariah Court.

The Federal Court panel had earlier unanimously allowed the Negri Sembilan Islamic Religious Council's application to be an intervenor in the appeal.

However, Justice Md Raus dismissed similar applications by other Islamic Religious Councils – from the Federal Territory, Selangor, Perak, Johor, and Penang – ruling that the parties could only enter as friends of the court.

On Nov 7 last year, the Court of Appeal panel lead by Justice Mohd Hishamudin Mohd Yunus ruled that criminalising cross-dressing for Muslims was an unreasonable restriction of individuals' freedom of expression.This reversed the Seremban High Court's decision on Oct 11, 2012 to dismiss a judicial review by three transgenders against the Syariah Enactment.

The applicants – Muhamad Juzaili Mohd Khamis, 26, Shukor Jani, 28, and Wan Fairol Wan Ismail, 30, also sought a court order to prohibit their arrest and prosecution under the section.

Currently, Section 66 allows the Syariah Court to punish any man who dresses or poses as a woman with up to six months in prison or be fined a maximum RM1,000; even if they had a Gender Identity Disorder.

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 1
Cxense type: free
User access status: 3

utilities , bureaus

   

Next In Nation

Perikatan Youth launches website to help job seekers, especially the youth
MCO 3.0: Cops remind outsiders not to enter Putrajaya for social, recreational activities
Home Ministry: Enforcement of travel SOPs to be intensified, stringent checks on public transportation ahead of Raya
Sustainability top priority for timber, strategic commodity industries, says minister
GOF seizes over RM1mil worth of fireworks, illicit cigs in Johor raids
List of potential Covid-19 hotspots identified by HIDE system is out, says Khairy
Jeffrey Kitingan braves the elements to scale Mt Kinabalu
Malaysians welcome move to allow fitness activities in MCO areas
Police Covid-19 compliance team nab man with RM10,000 worth of fireworks
S'gor kicks off community Covid-19 testing in Kajang, Semenyih

Stories You'll Enjoy


Vouchers