AUGUST 12 ― There is something going on at the Federal Court in Putrajaya this Thursday, August 13 which may not register much on the minds of many Malaysians, especially with the shenanigans going on in that town at the moment. However, the decision in a case being heard by the highest court in the land could have wide-ranging consequences for all Malaysians.

Last November, the Court of Appeal granted an appeal against a Seremban High Court judgement which dismissed a judicial review application to challenge the constitutionality of a Syariah law. Section 66 of the Shariah Criminal (Negeri Sembilan) Enactment 1992 was being used to persecute and prosecute those who are Muslim and transgender by criminalising any man who dresses or poses as a woman.

The panel of judges of the second highest court unanimously ruled this law as being unconstitutional.

The unconstitutionality of this law isn’t based on the right to cross dress or wear women’s clothes. It certainly isn’t based on an imaginary Western agenda or conspiracy to undermine Islam.

It was based on the basic principle that all Malaysians, regardless of whether they are Muslims or non-Muslims, in this country are afforded the same fundamental rights and protections under the Federal Constitution. That a person shouldn’t and cannot be singled out or criminalised for simply being who and what they are.

Being Muslims doesn’t provide the state or the religious authorities for that matter, with license to inflict, marginalise or inflict religious tyranny upon other Muslims. It can very often feel that way.

Source: mmail.com.my