In transgender judgment, Perak mufti sees appeals court as challenging God’s law

(Malay Mail Online) – Malaysia’s Court of Appeal is challenging God’s law by permitting what is forbidden to Muslims, Perak Mufti Tan Sri Harussani Zakaria said as he weighed in on Friday’s landmark ruling that upheld the constitutional right for men to cross-dress.

The senior Islamic cleric further warned that such a judgment will open the doors for anyone to freely commit sin, but added that society will ultimately pay the price when “disaster” strikes.

“The Prophet’s hadith says men who resemble women and women who resemble men are cursed by Allah.

“The Court of Appeal’s action can be likened to permitting that which is forbidden and creating confusion among Muslims,” he told Malay broadsheet Mingguan Malaysia in an interview published today.

In a watershed decision that was celebrated by human rights activists, a three-judge panel in the country’s second-highest court unanimously ruled that Section 66 of the Negri Sembilan Shariah law criminalising cross-dressing to be unconstitutional as it violates an individual’s right to freedom of expression.

The Islamic law had been used by the state in cracking down on its Muslim transgender community who took to challenge it in the superior courts. Their legal victory has shed some light for advocates of fundamental liberties amid growing unease over the creep of religious conservatism in government.

But Harrusani criticised the decision, saying that Islamic law was not a custom that could be decided based on one’s whim or fancy.

“Yes we are encouraged to be liberal, but liberal in the sense of development, not until we challenge God and change his laws.

“With such a decision, society especially Muslims will be free to commit sin and transgress against Islamic laws without fear. Don’t let us invite disaster,” he was quoted saying.