A Malaysian man has won a major court battle against an Islamic ban on sex ‘against the order of nature’, sparking hope for the acceptance of gay rights in the mostly Muslim country.
In a unanimous decision, the Malaysian Supreme Court on Thursday ruled that the Islamic provision used against the man was unconstitutional and that the authorities had no power to enact the law.
“It’s historical. It is monumental to LGBT + rights in Malaysia, ”said Numan Afifi, the founder of the LGBT + rights group Pelangi Campaign, which was not involved in the lawsuit.
The Muslim man in his thirties – whose lawyer withheld his name to protect him – filed the case after he was arrested in the central state of Selangor in 2018 for attempting gay sex, an allegation he denies.
Same-sex acts are illegal in Malaysia, although convictions are rare. The country, which has 13 countries, has a double-track legal system, with Islamic criminal and family laws applicable to Muslims enforcing the civil laws.
LGBT + advocates say Islamic laws are increasingly being used to target the gay community of the Southeast Asian country, with an increase in arrests and penalties ranging from cane to jail time.
Numan hoped that Selangor would immediately repeal the Islamic ban, while other states would follow it.
Despite the ruling, gay Malaysian men are still facing up to 20 years in prison under a British colonial era that bans gay sex, known as Article 377.
“We want to live a dignified life without fear of persecution. “Of course, Article 377 is still there – it is not the end, but it is a beginning,” Numan said.
In Malaysia, a country of 32 million where 60% of the population is Muslim, many gay people are not open about their sexuality.
The man who launched the legal challenge argued that Selangor had no power to enforce an Islamic ban on ‘dealing with the natural order’ when gay sex was already a crime under civil laws.
The court agreed and declared that the state’s power to issue such offenses “is subject to a constitutional restriction”, Chief Justice Tengku Maimun Tuan Mat wrote in the ruling.
The Selangor Islamic Religious Council, a respondent in the case, did not immediately respond to a request for comment.
The man involved in the legal challenge was among 11 men arrested for attempting gay sex during a raid in a private residence.
Five of the group pleaded guilty and were sentenced in 2019 to imprisonment, imprisonment and fines, causing outrage among human rights activists who said it creates an environment of fear for LGBT + people.
Two women were hacked in 2018 under Islamic law in the east coast state of Terengganu, the same year in which a transgender woman was attacked, for ‘attempting lesbian sex’.