In the above article, The Star reported that in a landmark ruling, the Court of Appeal lead by Justice Mohd Hishamudin Mohd Yunus ruled that punishing transgenders for cross-dressing contravenes freedom of expression.
I was really shocked to hear the news because the transgenders and two of the three judges are Muslims and Malaysia is an Islamic country.
As a Muslim, I am sad with the ruling:
Isn’t the freedom of expression for the Muslims must be in accordance with the rule of Islam? Article 3(1) of the Federal Constitution says, “Islam is the religion of the Federation”; and since LGBT is against the teaching of Islam, it contravenes with Article 3(1). How could cross-dressing be part of freedom of expression for the Muslims when it is against their religion and also the religion of the of the Federation?
Muslims must understand that we must obey the rules of Islam and not total freedom in human rights that is against Islam. The Vienna Declaration and Programme of Action says, “All human rights are universal, indivisible and interdependent and interrelated… While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.” So I think that freedom of expression must be in accordance with a person’s “national and regional particularities and various historical, cultural and religious backgrounds”.
LGBT is against Malaysia’s, cultural and religious backgrounds; particularly the Muslims. And it can cause uneasiness to others and can cause unpeaceful situation.