
Sisters In Islam (SIS) said this was because the community was still not accepted by the public at large and often victimised by authorities, including those from religious departments.
“The persecution by religious enforcers under shariah laws has led to discrimination, violence and injustice during raids at homes and at hotels,” it said in a statement, citing the case of two women who were publicly flogged in Terengganu for attempting lesbian sex.
SIS said the community found it difficult to obtain the services of lawyers as offences under which they were arrested for were religious in nature.
Because of this, it said, they would choose to plead guilty to avoid shame if they were tried under Islamic laws in court.
“The LGBTQ community is also receiving negative comments from enforcers which sometimes make them more susceptible to violence. This leads to stigmatisation and discrimination,” it said.
Yesterday, the Federal Court ruled that the Selangor state legislature was incompetent to pass a shariah law that makes it an offence to engage in unnatural sex because the offence was already on the Federal List.
Chief Justice Tengku Maimun Tuan Mat, who chaired a nine-member bench, said the primary power to enact criminal laws lies with Parliament.
She said Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, which allows for punishment for unnatural sex, was unconstitutional.
SIS went on to say that this decision was not an affront to Islam or to the royal institution.
It said Islamic laws enacted by any government were not divine in nature. This was because it was based on the interpretation and understanding of the Quran by men.
“Therefore, any amendment or review of Islamic laws does not equate to demeaning the religion,” it said.