KUALA LUMPUR: Will the Negri Sembilan government and four others be given the green light to appeal against the Court of Appeal’s landmark ruling over cross-dressing for Muslim transgender?
Tomorrow, the Federal Court will hear their application to seek leave to appeal from the apex court against the appellate court’s decision, which had declared the state Syariah enactment that criminalises Muslim transgender for cross-dressing invalid.
On Nov 7 last year, the Court of Appeal allowed an appeal brought by three Muslim bridal make-up artists; Muhamad Juzaili Mohamad Khamis, 26; Syukor Jani, 28; and, Wan Fairol Wan Ismail, 30 to declare Section 66 of the Negri Sembilan Syariah Criminal Enactment 1992 as invalid and unconstitutional. The enactment penalises Muslim men who dress or pose as women.
The applicants, allegedly male-to-female transsexuals or ‘Mak Nyah’, claimed they had been confirmed by a psychiatrist at Hospital Kuala Lumpur to suffer from gender identity disorder (GID).
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.
Following is the chronology of their judicial review:
Feb 2, 2011: The applicants filed their judicial review application at the Seremban High Court.
Nov 4, 2011: They obtained leave from the High Court to initiate the judicial review against the respondents.
Oct 11, 2012: The High Court dismissed their judicial review application. Justice Siti Mariah Ahmad ruled that the applicants’ rights under the Federal Constitution were to be disregarded as they were by virtue, born male and Muslim.
She also held that the applicants as Muslims were bound under Section 66 of the Enactment.
May 22, 2014: The Court of Appeal heard the appeal and adjourned hearing to July 17, 2014. After hearing submissions from all parties, the court set Nov 7, 2014 for verdict.
Nov 7, 2014: The Court of Appeal unanimously allowed the applicants’ appeal to declare Section 66 of the Enactment, invalid and unconstitutional. Justice Datuk Hishamudin Mohd Yunus chairing the three-member panel ruled that the section discriminated against Muslim men suffering from GID and did not provide an exception for GID sufferers.
Dec 5, 2014: The respondents filed their application to seek leave from the Federal Court to appeal against the Court of Appeal’s decision. They submitted seven legal questions.
Jan 6, 2015: Case management on respondents’ application heard before Federal Court deputy registrar Khainur Aleeza Ismail in chambers. She fixed Jan 27 for hearing of respondents’ application for leave to appeal.
Jan 27, 2015: Federal Court to hear respondents’ case. -- Bernama