News:

On the 7^th of November, 2014, the Malaysian Court of Appeal reversed the Islamic law banning cross-dressing for Muslim transgenders. One of the judges who presided over the appeal case, judge Hishamuddin Yunus was quoted by AFP as saying that: "It (banning cross-dressing) has the effect of denying the appellants and other sufferers of GID (gender identify disorder) to move freely in public places... This is degrading, oppressive and inhuman". For the first time in Malaysia, the Court of Appeal ruled in favour of Muslim transgenders, granting them the right to dress as women. Appellants Muhammad Juzaili Mohd Khamis, Shukor Jani and Wan Fairol Wan Ismail, who are transgenders, had been arrested several times for violating the state Shariah Enactment that bans cross-dressing. These transgenders then filed a judicial review to declare the Shariah edict that prohibits men from wearing women's attire or posing as a woman in the state of Negeri Sembilan as unconstitutional. In October 2012, the High Court held that the appellants must adhere to the Shariah edict as they are Muslims and are born male. However, the Court of Appeal later held that section 66 of the Shariah Criminal Enactment violated Articles 5, 8, 9, and 10 of the Federal Constitution, which guarantee various forms of human freedom.

Comment:

The Court of Appeal ruling was obviously rejoiced by the liberals and human rights groups. Nevertheless, this court ruling, despite being in contradiction to Islam, is not surprising. The secular nature of the Malaysian state, which separates religion from life, requires that the judges make their decision based on man-made laws and they justified the verdict without Islam ever being considered.

A transgender is a person appearing or attempting to be a member of the opposite sex, either as a trans-sexual or habitual cross-dresser, or both. Islam strictly prohibits transgender. In many narrations, Rasulullah (saw) cursed men who act like women and this filthiness shall have to be punished by way of Ta'zeer. Among them,

«لَعَنَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمُخَنَّثِينَ مِنْ الرِّجَالِ وَالْمُتَرَجِّلاَتِ مِنْ النِّسَاءِ»

"Rasulullah (saw) cursed the men who act like women and women who act like men" [Narrated by Bukhari].

Despite the cordiality of liberal groups, others express anger and dissatisfaction with the court's decision. This anger is well-understood, but it is unfortunate that the focus of the dissatisfaction is based only on the "decision" but disregards the institution of law itself and the system behind it. The decision was based on the principles of freedom enshrined in the Malaysian Federal Constitution created by the Kuffar colonialists, chaired by Lord Reid. Under the Constitution, Malaysia practices a dualistic legal system and this decision is a clear proof that the Civil Court reigns supreme over the Shariah Court, hence, a civil court judge may not only invalidate the decision of the Shariah Court, but also the laws of Allah (swt)! This is the interpretation of the judges of the Court of Appeal with respect to the meaning of freedom within the Constitution which implies that there must also be freedom to transgress the orders of Allah's (swt)!!

The Malaysian government pretends to oppose liberalism, while at the same time holds on strongly to democracy which backbone is liberalism! Indeed, liberalism and democracy bear nothing but evil. The court's recognition of the transgender's rights is merely a small piece of systemic blemish emerging out of this corrupt system. Thus, there is no other way to the right path except by eliminating this Western-made system and replacing it with Allah's (swt) system under the shade of the Islamic State (Khilafah "Caliphate") that will drive human beings to the guided truth and their true nature, away from all evil and wickedness.

 

 

Written for the Central Media Office of Hizb ut Tahrir by

Dr. Muhammad - Malaysia