First prosecution under Kelantan’s 2019 law criminalising sex reassignment surgery heard at Syariah Court
PETALING JAYA: A transgender woman in Kelantan has become the first person prosecuted under the state’s law prohibiting gender reassignment surgery, marking what advocates believe is an unprecedented case nationwide.
The prosecution, brought under the Syariah Criminal Code Enactment (I) 2019, represents the initial enforcement action since the legislation took effect in 2020.
Malaysia prohibits sex reassignment procedures for Muslims, with exceptions made only for intersex individuals.
According to Malaysiakini citing Thilaga Sulathireh, who helped establish Justice For Sisters, confirmed the case’s unique status.
“We have not seen other cases. This is the first case,” she explained, noting that Kelantan remains the sole Malaysian state with such provisions in its criminal code.
Court proceedings began at the Kelantan Syariah Court in Kota Bharu in January.
According to sources familiar with the matter speaking to the newsportal, the Kelantan Islamic Affairs Department detained the individual during a raid targeting a transgender gathering earlier this year.
The accused entered a not-guilty plea, and the case remains in management stages, according to an anonymous source.
It is learnt that the defendant declined interview requests.
Prosecutors charged the woman under Section 18 of the 2019 enactment, which prohibits individuals from changing their own gender or facilitating such changes for others.
Conviction carries penalties of up to RM3,000 in fines, two years imprisonment, or both.
State executive councillor Asri Daud, who oversees Islamic development matters, said his office cannot release case details publicly.
“There are issues that cannot be openly disclosed. In this matter, I need to safeguard all parties who are facing action,” he stated.
Advocacy groups argue these laws harm transgender communities significantly.
Sulathireh emphasised that criminalisation creates environments conducive to harassment while violating privacy rights and bodily autonomy.
“It also criminalises any kind of healthcare service providers, and trans-specific healthcare to exist at the state level,” she added.
The conservative state of Kelantan considers LGBTQ+ matters particularly sensitive.
In 1983, the National Fatwa Council issued a ruling declaring gender reassignment forbidden under Islamic jurisprudence.
The council maintained that biological sex assigned at birth determines legal gender permanently, regardless of surgical intervention.
Men wearing women’s attire also faces prohibition.
Malaysia’s courts have issued conflicting decisions in relation to transgender rights.
In 2014, the Court of Appeal recognised rights for transgender individuals experiencing gender dysphoria to dress according to their gender identity.
The ruling came after three men challenged Section 66 of Negeri Sembilan’s syariah law, which penalised males presenting themselves as women.
The judge in the case had then declared the provision unconstitutional and void.
However, the Federal Court reversed this decision in 2015 on procedural grounds, reinstating the cross-dressing prohibition.
Federal authorities have signaled support for stricter enforcement.
In 2021, Datuk Ahmad Marzuk Shaary, then serving as deputy minister for religious affairs had reportedly advocated making gender reassignment a distinct syariah offense.
He also proposed criminalising social media content depicting gender nonconformity, including what he termed “obscene, pornographic and repulsive content.”
The current prosecution has not been widely publicised, and court officials have maintained discretion regarding case specifics.
