AN influential Malay civil rights group is opposed to a proposal from the deputy minister in charge of religious affairs to amend the Islamic penal code to allow heavier penalties for LGBT people caught engaging in “sinful behaviour”.

In a statement, the G25 said such an amendment to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Revised 1988) (Act 355) could be construed as the country’s first step towards implementing hudud.

“Although the deputy minister may give the assurances that the government has no such intention, the public will find it difficult to believe.  We can see how civil societies reacted with scepticism to the government’s recent proclamation of emergency, justifying it as essential for dealing expeditiously with the Covid-19 pandemic,” it said.

“In the case of Act 355, there will be similar scepticism on the government’s true intention if the legislation is amended as proposed by the deputy minister. All the efforts being made by the government to rally the public and the business community into believing that we have a bright future, once we have successfully overcome the pandemic, will come to nothing.

“In a multiracial society like Malaysia, the prospect of Islamisation in the administration of law is bound to strike fear among the population and potential foreign investors. Even though Islamic law applies only to Muslims, the public will have negative and fearful thoughts of what the future will look like in Malaysia.

Deputy Minister in the Prime Minister’s Department Ahmad Marzuk Shaary said last week that the government will consider amending RUU355 to impose heavier punishments on lesbian, gay, bisexual and transgender for their lifestyle and behaviour.

He said the current maximum penalty of three years’ imprisonment, RM500 fine and six strokes of the cane is no deterrent against “misconduct”.

Marzuk said strict action must be taken against those who dress contrary to their gender.

The G25 said today it is better to help the LGBT community to become integrated with mainstream society than to discriminate against them or treat them as criminals.

Threatening the community is with harsh punishments will only force them underground and cause them to refuse health advice and services such as prevention and treatment of diseases such as HIV, it said.

“We should respect their constitutional right to equality like other citizens of this country and their constitutional right to privacy.”

“Evidence has shown that criminalisation, stigmatisation and discrimination are currently some of the key drivers of infection in an era when HIV infection is completely preventable and treatable.”

“We have seen what happened to the migrant labour who feared arrest and deportation if they came forward to be tested for Covid-19.  By hiding themselves in their crowded and unhygienic living conditions, many subsequently became infected, contributing to the escalation of the Covid-19 pandemic in Malaysia.”

The group urged Putrajaya to adopt a more humanitarian approach in dealing with those members of society who are likely to be marginalised or stigmatised, such as the LGBT.

“As Malaysia aspires to become a model developed country for the Muslim world, it must practise a humanitarian approach, this will give real meaning to the concept of ‘The Caring Society’ which the government says it will incorporate into its development policy planning and implementation.

“The deputy minister’s proposal must be rejected because it does not fit the definition of a caring society.” – January 23, 2021.