The Federal Court will hear tomorrow an appeal by the Negri Sembilan government and four others against a Court of Appeal landmark decision declaring invalid the state Syariah enactment that criminalises cross-dressing by Muslim men.
The other four are the Negri Sembilan Department of Islamic Religious Affairs; its director; the Negeri Sembilan Syariah enforcement chief and the Negri Sembilan Chief Syarie prosecutor.
On Jan 27, a five-member panel of the Federal Court led by Court of Appeal president Md Raus Sharif allowed the application for leave to appeal against that decision on one legal question which would be deliberated and determined by the Federal Court at the appeal hearing tomorrow.
The question of law which was framed by the court is whether section 66 of the Negri Sembilan Syariah Criminal (Negeri Sembilan) Enactment 1992 contravened Article 5 (1), Article 8 (1), Article 8 (2), Article 9 (2) and Article 10 (1) (a) of the federal constitution.
Article 5 relates to a citizen’s right to life and liberty while Article 8 is on equality. Article 9 deals with prohibition of banishment and the right of a citizen to move around, and Article 10 is concerned with a citizen’s right to freedom of expression.
On Nov 7, last year, the Court of Appeal granted an appeal brought by the three transgenders - Muhamad Juzaili Mohamad Khamis, 26; Syukor Jani, 28; and Wan Fairol Wan Ismail, 30 - and declared invalid and unconstitutional section 66 of the Negri Sembilan Syariah Criminal (Negri Sembilan) Enactment 1992 which criminalises Muslim men for cross-dressing.
In their judicial review application, Muhammad Juzaili, Syukor and Wan Fairol who were bridal make-up artists claimed that Section 66 did not apply to them as Gender Identity Disorder sufferers.
On the same day, the Federal Court would also hear arguments by the Federal Territories Islamic Religious Council (MAIWP) and the Attorney-General’s Chambers (AGC) on whether Islamic laws are subjected to the fundamental liberties guaranteed in the federal constitution.
The court would hear an appeal by MAIWP and AGC against a Court of Appeal ruling that non-Muslim lawyers were eligible to practise as Syariah lawyers in the Syariah courts of the Federal Territories.
The Court of Appeal in the ruling had declared Rule 10 of the Rules of the Syariah Lawyers 1993 mandating that only Muslims could be admitted as Syariah lawyers was ultra vires the Administration of Islamic Law (Federal Territories) Act 1993.
The Court of Appeal had overturned a high court decision which disallowed a judicial review application by a non-Muslim lawyer, Victoria Jayaseele Martin who was seeking to be admitted as Syariah lawyer in the Federal Territories.
Martin, 53, had obtained a Diploma in Syariah Laws and Practice from the Universiti Islam Antarabangsa , Malaysia (UIA) in 2004.
- Bernama
