KUALA LUMPUR – Nur Sajat, a transgender celebrity, has been in the limelight for quite some time.
Despite it being common knowledge that the 35-year-old is originally a man, now cross-dressing as a woman, it was only earlier this month that the authorities chose to take action by hauling him to court for violating shariah laws.
The move has drawn scathing criticism from human rights and legal quarters.
Lilian Kok, programme officer for All Women’s Action Society (Awam), said this is not the first time Malaysian authorities have chosen to attack the lesbian, gay, bisexual and transgender (LGBT) community, stressing that Putrajaya has blatantly disregarded their rights.
On Wednesday, Deputy Minister in the Prime Minister’s Department (Religious Affairs) Ahmad Marzuk Shaary announced that harsher punishment for LGBT behaviour is in the works.
This, said Kok, is a “showboating display” of authority.
“They intend to make her (Nur Sajat’s) case an example to the LGBT community.”
She referred to Prime Minister Tan Sri Muhyiddin Yassin’s speech during an online Asean meet yesterday, in which he called for tougher action against hate speech on gender or sexual orientation.
She said this shows that the term “hate speech” is laced with ambiguity in Malaysia.
“While we applaud and welcome this urge for inclusivity by our leaders, it is very clear that at home, we have an ambiguous definition of hate speech, which allows us to cherry-pick whom we want to verbally bully to gain public support.”
Kok cautioned that the authorities’ constant harassment of the LGBT community will only lead to society doing the same.
She also said the decision to prosecute Nur Sajat does nothing more than violate fundamental rights enshrined in the constitution.
On January 6, Nur Sajat, whose full name is Muhammad Sajjad Kamaruz Zaman, pleaded not guilty at the Shah Alam shariah high court to a charge of dressing as a woman at a religious event, which allegedly brought Islam into contempt, three years ago.
Infringement on constitution
Lawyer Kuhan Manokaran raised the issue of equal protection and application of the law, noting that the prohibition against cross-dressing only applies to Muslims.
“Now that Nur Sajat is charged for cross-dressing, do you see the same kind of action being taken against non-Muslim transgenders?
“As it is, transgenders face various forms of stigma. Authorities going after them will only make things worse and violate their constitutional rights.”
He said the constitution guarantees the right to liberty and freedom of expression.
“Constitutionally, human beings are free to express themselves and live within the boundaries of the law. If they are transgender or choose to identify as the opposite gender, they are only expressing their true selves.
“The decision to prosecute someone for cross-dressing goes against many principles in our federal constitution.”
The Human Rights Commission of Malaysia (Suhakam) has expressed concern over the government’s plan to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) to introduce stiffer punishments for the LGBT community.
Suhakam said it is against any form of torture, and inhumane and degrading treatment towards offenders in the proposed amendment.
Act 355 now provides that shariah courts are empowered to impose jail sentences not exceeding three years, or a fine not exceeding RM5,000, or whipping not exceeding six strokes, or any combination thereof, for offences under the Islamic law.
“Over the years, Suhakam has called for the repeal of corporal punishment in all laws, both civil and shariah, to be in compliance with international human rights standards,” said the commission. – The Vibes, January 22, 2021
