Malaysia鈥檚 federal court today declared that a Sharia law in the Selangor state criminalizing gay sex was inconsistent with the federal constitution and therefore void, resulting in a victory for a homosexual Muslim man who was accused of it.聽
Judge Maimun Tuan Mat said this morning that such an offense would fall under Parliament’s powers to make law and not under the state legislature鈥檚 law-making powers. Under Section 28 of Selangor鈥檚 Shariah Criminal Offences Enactment 1995, it is an offense to commit 鈥渟exual intercourse against the order of nature with any man, woman or animal,鈥 which carries a maximum penalty of a RM5,000 (about US$1,200) fine, three years鈥 jail, and six strokes of the cane.聽
The court鈥檚 decision, which was made unanimously by the panel of nine judges, means that the Selangor religious authorities no longer have the power to arrest anyone under this law.聽
The unnamed 35-year-old was charged with attempting to commit 鈥渦nnatural sex鈥澛 with eleven other men at a private property in Selangor on Nov 9, 2018. He applied to challenge the law at the federal court in May.
Malaysia鈥檚 LGBTQ community welcomed the court鈥檚 decision on social media.聽
鈥淛AIS will not have the authority to use this law to prosecute LGBTQ people. Human rights & endurance always prevail,鈥 @Notsoaidil on Twitter.聽
said: 鈥淲oke up in the morning with news for us to be hopeful in this country. #tetapbangga.鈥
https://twitter.com/pelangicampaign/status/1364756826751963139
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