Negri mufti questions court decision allowing Muslims to cross-dress

Negri Sembilan mufti Datuk Mohd Yusof Ahmad has questioned the Court of Appeal’s decision to allow three transgender individuals to wear women's clothing and behave like women, Sinar Harian reported today.

He described the decision as a deviation from the teachings of the Islamic religion and said the shariah laws according to the Quran and the hadith should be upheld.

"I stand by the shariah court of the state – laws that honour Islam are above all else.

"The laws in the state are made according to Islam, the Quran and hadith," he was quoted as saying in the Malay daily.

“I don't want to comment on this further because I don't want to offend the court.”

Yesterday, the Court of Appeal declared unconstitutional a provision in the Negri Sembilan Islamic religious enactment which made it an offence for Muslim males to dress and behave as women.

A three-man bench led by Datuk Mohd Hishamuddin Mohd Yunus said Section 66 of the Shariah Criminal Enactment violated Articles 5, 8, 9, and 10 of the Federal Constitution.

Hishamuddin said the constitution existed to protect the minority against the tyranny of the majority.

Three Muslim transgenders – Muhammad Juzaili Mohd Khamis, Shukor Jani and Wan Kay Yusof Wan Ismail – had challenged the provision which prohibits cross-dressing, saying it violated their constitutional right of freedom of expression, right of movement and their right to live in dignity.

Under Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, cross-dressing is an offence and punishable by six months jail, a maximum fine of RM1,000 or both. – November 8, 2014.