The Kelantan Syariah Court is presiding over Malaysia’s first case involving an individual charged with changing their gender. The case is being brought under the state’s Syariah Criminal Code (I) Enactment 2019, which was gazetted in 2020.
The specific provision within the enactment stipulates that it is an offence to change one’s own gender or the gender of another person.
An individual in Kelantan is the first in Malaysia to be charged for changing their gender
According to a report by Sinar Harian, a source from the Kelantan Islamic Religious Affairs Department (JAHEAIK) stated that the individual was arrested during an operation at an event involving members of the transgender community.
“Following the arrest, the suspect was recently prosecuted at the Kelantan Syariah Court on charges of changing their gender,” the source explained.
The case is currently in the management stage after the individual, who is believed to have undergone the gender change mid-last year, pleaded not guilty to the charges.
“If convicted, the offence is punishable by a fine not exceeding RM3,000, a prison sentence of up to two years, or both,” the source added.
Details of the case are withheld from the public
Mohd Asri Mat Daud, the Kelantan Executive Councillor (Exco) for Islamic Development, Da’wah, Information, and Public Relations, stated that his office cannot disclose specific details of the case publicly at this time.
“I do not have the complete information, and there are aspects of this issue that cannot be disclosed publicly. In this matter, I must be mindful of all parties involved in the legal action,” he added.
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