Laws against transgenders have nothing to do with discrimination and the Court of Appeal's decision to overturn one such law yesterday was wrong, claimed the Malaysian Muslims Lawyers Association (PPMM).

PPMM president Zainul Rijal Abu Bakar said this in reference to the court's declaration that Section 66 of the Syariah Criminal (Negeri Sembilan)  Enactment 1992, which criminalises cross dressing and disallows males from behaving like women, was unconstitutional.

The court had declared the law, which provides for a fine of up to RM1,000 or imprisonment up to six months or both, to be against fundamental liberties guaranteed by the Federal Constitution.

However, Zainul left ) said there are limits to the fundamental freedoms and it must be read with Article 3 of the Federal Constitution which said Islam is the religion of the federation.

"The issue of discrimination of minorities does not arise because as stated in the Federal Constitution, there are limits to fundamental liberties.

"These rights are not absolute and must be read with other Articles in the Federal Constitution," he said in a statement today.

He also cited two case laws which he claimed proved that the Court of Appeal had erred in its decision.

In Sulaiman Takrib versus Terengganu Islamic Religious Council, Zainul Rijal said the Federal Court ruled that the states have power to create laws criminalising any actions that go against Islam.

Also, he said in the Titular Roman Catholic Archibishop of Kuala Lumpur versus the Home Ministry and eight others, it was decided that constitution challenges must first obtain permission from the Federal Court.

'Islam must be considered by court'

"Based on these two Federal Court judgements, PPMM is of the view the Court of Appeal had erred in yesterday's judgment," Zainul said.

He added the court had also failed to consider the norm of a Muslim society where Islam and Malays are part of the country's basic structure.

"Destroying this basic structure will cause the chracter and structure of the Federal Constitution to be ripped apart," he said.

Nonetheless, Zainul acknowledged that the judgment is legally binding, therefore he urged Negeri Sembilan and other stakeholders to apply for a stay of the decision pending appeal at the Federal Court.

He also uged all the federal government and Islamic religious authorities in other states to apply to intervene in the case.

This, he said, is because the ruling will have implications on similar laws against transgenders in other states.

Zainul added that his organisation is prepared to offer legal services in the appeal and urged Muslims to remain calm and allow the legal process to run its course.

Meanwhile, Negeri Sembilan mufti Mohd Yusof Ahmad defended the law, stressing that it is based on the Quran and Hadith.

"The law was drafted carries Islam which is beyond all else," he was quoted as saying by Astro Awani.

The Court of Appeal's unanimous decision, hailed as a victory by the often persecuted transgender community, was decided by a three-person panel headed by Justice Mohd Hishamudin Mohd Yunus.

The other two judges are Aziah Ali and Lim Yee Lan.

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