In August 2001, transsexualism is against Islamic teachings and men who have sex-change operations will not be recognised as female [R1.3].
In February 2001, the government was requested to recognize transsexual men as women [R1.2].
On 01 June 1993, the Syariah Criminal (Negeri Sembilan) Enactment 1992 provides:
Part IV - Offences. Section 66. Male person posing as a woman.
Any male person who, in any public place wears a woman['s] attire and poses as a woman shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both [L1.1].
Courts & Tribunals
On 02 January 2015, Justices Datuk Mohd Hishamudin Yunus, Datuk Aziah Ali and Datuk Lim Yee Lan in the Court of Appeal released their full judgment in favour of three Muslim transgenders Muhamad Juzaili Mohd Khamis, Shukur Jani and Wan Fairol Wan Ismail who were convicted of cross-dressing under Section 66 of the Negri Sembilan Syariah Criminal Enactment 1992 that punishes Muslim men who wear women's attire with a fine not exceeding RM1,000, or jail of not more than six months, or both. The Court ruled that the framers of the Federal Constitution had confined the word Islam in Article 3 - which says that Islam is the religion of the Federation - to the areas of marriage, divorce and inheritance law. The Negri Sembilan state government has applied for leave to appeal the Court of Appeal's decision [C2.10], [R2.9].
On 07 November 2014, Judge Mohamad Yunus in the High Court in Seremban overturned a law that bans Muslim transgender women from wearing female clothing in Negeri Sembilan, saying it was 'degrading, oppressive and inhumane'. The landmark ruling that could trigger similar challenges in other states [C2.8], [R2.7].
On 11 October 2012, Judge Datuk Siti Mariah Ahmad in the Negeri Sembilan High Court dismissed a challenge by Adam Shazrul Bin Mohammad Yusoff, Mohammad Juzaili Bin Mohammad Khamis, Shukur Bin Jani and Wan Fairol Bin Wan Ismail to a law barring Muslim men from dressing or posing as women, prompting concern that more transgender people in the Muslim-majority country may be prosecuted [D2.6], [R2.5].
On 05 October 2012, the Court of Appeal unanimously dismissed without costs an application by Miss C, a 35-year old transsexual to review a High Court decision rejecting her application to have her gender changed from male to female on her MyKad. The quorum chairman Justice Datuk Abdul Wahab Patail said Malaysian medical reports were needed to support the Malaysian application rather than reports from Hong Kong and Thailand [R2.4].
On 30 August 2012, the high court in Seremban heard the case of Juzaili Khamis, 24, Shukor Jani, 25, Wan Fairol Wan Ismail, 27, and Adam Shazrul Yusoff, 25, four trans women challenging the Section 66 of the Syariah Criminal Enactment, which forbids them from behaving and dressing like women, in contradiction of the federal constitution, which states that: no person shall be deprived of his life or personal liberty, bars discrimination on the grounds of religion, race, descent, place of birth or gender and protects freedom of expression [R2.3].
On 19 July 2011, the High Court in Eastern Terengganu reportedly ruled that Ashraf Hafiz, a 25-year-old transgender individual who underwent male-to-female gender transition surgery, was not entitled to a change of sex on her national identity card. The court opined that a person's sex is determined at birth and cannot be changed. Daily Pak Banker (Pakistan) [R2.2].
On 07 January 2011, High Court Judicial Commissioner Ridwan Ibrahim rejected an application by a post-operative transgender female to compel the National Registration Department (NRD) to alter the gender field on her identity card [R2.1].
In 2005, (reportedly) Judge (Datuk) V.T. Singham said the court had no power to make such a declaration but in another case presided by Datuk James Wong, the court allowed an application to change the gender in the person's identity card [R2.1].