ANOTHER ALLAH FIASCO? Apex court allows N Sembilan to challenge LGBT ruling January the 27th, 2015. Source: Malaysia-Chronicle PUTRAJAYA - The Federal Court today allowed an application by the Negri Sembilan government and four other applicants to challenge the Court of Appeal’s ruling against an anti-crossdressing state Shariah law. The five-man bench said, however, that the court will only consider whether Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, which criminalises cross-dressing, contravenes Articles 5(1), 8(1), 8(2), 9(2) and 10(1)(a) of the Federal Constitution. The bench was led by Justice Tan Sri Md Raus Sharif, and included justices Tan Sri Richard Malanjum, Tan Sri Suriyadi Halim Omar, Tan Sri Mohamed Apandi Ali, and Datuk Zaharah Ibrahim. The date of the hearing has not yet been decided. Lawyer Tan Sri Shafee Abdullah represented the applicants, which also included the state’s Islamic Religious Affairs Department’s (JHEAINS), JHEAINS’ director, its chief enforcer, and the state’s chief Shariah prosecutor. The Negri Sembilan Islamic Religious Council (Mains) applied to be an intervener in the case, and was approved by the court. Five other state Islamic councils had also applied, but were rejected. They may, however, appear as amicus curiae or “friends of the court” — independent parties who may raise their points in court. Lawyer Aston Paiva led the respondents’ team of lawyers, while the Bar Council also appeared as amicus curiae. Organisations that held watching briefs included the Malaysian Centre for Constitutionalism and Human Rights, Article 19, Human Rights Watch, International Commission of Jurists, and Umno. “The question will give us space to give a more comprehensive argument to challenge the ruling of the Court of Appeal,” Shafee told reporters outside the courtroom after his original seven questions to the court was rejected. “The positive side is that they have to argue based on the Court of Appeal’s judgment, and not use other reasons to back their case,” transgender activist Nisha Ayub told Malay Mail Online. The Court of Appeal in November ruled in favour of three Muslim transgenders who were convicted of cross-dressing under the Shariah enactment that punishes Muslim men who wear women’s attire with a fine not exceeding RM1,000, or jail of not more than six months, or both. The appellate court also struck down Section 66 of the enactment as unconstitutional and void, noting that the state law provision contravened a slew of fundamental liberties, which were personal liberty, equality, freedom of movement and freedom of expression. The three-judge panel of Malaysia’s second-highest court led by Justice Datuk Mohd Hishamudin Yunus and comprising Datuk Aziah Ali and Datuk Lim Yee Lan had also said the law was discriminatory as it failed to recognise men diagnosed with gender identity disorder (GID). - Malay Mail Full article: malaysia-chronicle/index.php?option=com_k2&view=item&id=449242:another-allah-fiasco?-apex-court-allows-n-sembilan-to-challenge-lgbt-ruling&Itemid=2#ixzz3Q15WKnFA Follow us: @MsiaChronicle on Twitter
Posted on: Tue, 27 Jan 2015 10:32:59 +0000
Trending Topics
Recently Viewed Topics
© 2015