Constitutional protection based on gender, not sexual orientation: Syarie lawyer

26-Sep-2018 Intellasia | New Straits Times | 6:00 AM Print This Post

The Federal Constitution upholds the rights of Malaysians regardless of faiths, races and gender.

However, the definition of gender here denotes men and women, not an individual’s sexual orientation.

Syarie Lawyers Association of Malaysia (PPSM) president Musa Awang said that justice is the equivalent of putting something in its rightful place and not equalising something.

He questioned the notion on how to accord so-called equal treatment for “women-oriented men” (Lesbians, Gays, Bisexuals, and Transgenders or LGBT) to use female public restrooms as this goes against the Federal Constitution and religious teachings.

“The law (Federal Constitution) was made to give justice to women so that they get their proper rights and avoid being oppressed.

“Besides that, it also has the purpose of allowing women to stake their rightful claim based on syarak principles,” he said when contacted today.

He was responding to a statement issued by Human Rights Commission of Malaysia (Suhakam) chair Tan Sri Razali Ismail two days ago declaring that it does not support the legalisation of same sex marriage in the country.

Suhakam’s statement was a response to reports by certain media outlets which painted the commission as being supportive of same sex unions, in the wake of prime minister Tun Dr Mahathir Mohamad’s assertion that Malaysia does not recognise every right considered fundamental by the West, including same sex marriage.

In the 14th general Election, Pakatan Harapan’s manifesto included promise to improve the quality of life and protect the rights of all Malaysians, including the LGBT community.


Category: Malaysia

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