Cross-dressing is not a shariah offence, says G25

Cross-dressing is not a shariah offence, says G25

The group of former senior civil servants points out that it would only be an offence if cross-dressing is done ‘for an immoral purpose’.

Thai authorities are now considering whether to deport Nur Sajat back to Malaysia where she faces up to three years in jail for dressing as a woman at a religious function. (Bernama pic)
PETALING JAYA:
G25 has called on the Selangor Islamic religious authority to withdraw a charge of insulting Islam against cosmetics entrepreneur Nur Sajat, arguing that cross-dressing is not an offence under the shariah enactment.

The group of former senior civil servants said that based on reports Sajat had been charged under Section 10(a) of the Syariah Criminal Offences (Selangor) Enactment 1995 for cross-dressing as a woman at a religious function, and therefore insulting Islam.

However, the group argues that under Section 30 of the same enactment, cross-dressing would only be an offence if it is done for an immoral purpose.

“This means that the mere act of cross-dressing by a transgender person is permitted,” it said in a statement.

G25 added that the said section “respects the right of cross-gender persons to cross-dress”.

In Sajat’s case, being a transgender, the act of cross-dressing was not for an immoral purpose, it said.

“Therefore, with respect to the religious authority, in light of Section 30, it was inappropriate for Sajat to have been charged under Section 10(a) of the enactment.”

A few days ago, it was reported that Sajat was arrested by the Thai immigration authorities on Sept 8. She has since been convicted of illegal entry.

Thai authorities are now considering whether to deport Sajat, who fled Malaysia earlier this year. If she is deported, she faces up to three years in jail and/or a fine for dressing as a woman at a religious event in 2018. Sajat is now seeking asylum in Australia.

G25 went on to say that Malaysia would again make headlines as a country that had its own standards of human rights and justice as dictated by the local Islamic authorities.

“In recent years, Malaysia has attracted much negative press internationally due to its treatment of LGBT (lesbian, gay, bisexual, transgender) persons at a time when the country is also embracing the importance of conforming and adhering to global ESG (environmental, social and governance) standards to attract foreign investments.”

G25 said respecting gender diversity and human rights were key factors in ESG.

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