Malaysia’s highest court on Thursday dismissed a challenge to a ban on cross-dressing, dealing a major setback to the battle for the rights of the country’s transgender community, as Islamic conservatism grows in the Southeast Asian country.
“After today, we are concerned over the safety and security of the transgender community,” said Thilaga Sulathireh, an activist representing the transgender appellants.
Thursday’s verdict reversed a lower court’s decision that gave transgender Muslims the right to cross-dress, which is prohibited by state Islamic law. The Federal Court said it was rejecting the case on the basis of “procedural non-compliance,” as proper channels had not been followed in filing it.
“The issue here is not whether the appellants were in any way prejudiced,” said Judge Raus Sharif, referring to the arrests of three men for cross dressing. “It is about the jurisdiction of the courts,” Raus said, adding that other courts had no right to hear the case as it involved a state’s right to enact a law.