Huge Win For The LGBTQ+ Community!
One small step for the LGBTQ+ community, one giant step for Malaysia. The Federal Court declared today that Selangor’s Syariah law (Section 28) against ‘unnatural sex’ is unconstitutional.
According to the Federal Court, subsection 28 of the Syariah law (Section 28) against ‘unnatural sex’ is not consistent with the Federal Constitution and therefore making it void.
So what does this mean?
When the Federal Court overruled the law, it means that effective immediately, Jabatan Agama Islam Selangor (JAIS) will no longer have the authority to conduct raids, arrests or charge anyone under the law according to PLUHO. It also means that the law holds no power within Selangor.
The overruling of this law has already begun affecting members of the community. Back in December 2020, a man was charged with attempting to commit sexual intercourse ‘unnaturally’ along with eleven others in a house at Selangor. But seeing as the law is no longer in effect, the charges against these men will be dropped.
This new change has sparked a lot of discussion among the community where some are asking when will the new change be applied to other states? Some are even going so far as to ask if sodomy is still a crime under the Federal Constitution.