NEWS that Putrajaya is mulling a ban on transgender people from mosques in the federal territories shows worsening religious intolerance and stigma against sexual minorities, transgender activists and a rights group said.

Activist Nisha Ayub said such a plan will only heighten the prejudice transgender people already suffer in society.

“We have already seen the spread of hate speech, bullying and intense anti-trans views on social media,” she told The Malaysian Insight.

Banning trans Muslims from mosques will also violate their rights as individuals to practise their religion, she said.

“This is indeed extremely concerning as such efforts to ostracise, discriminate and criminalise the community is increasing,” she said. 

Last week, Deputy Minister in the Prime Minister’s Department (religious affairs) Ahmad Marzuk Shaary said the government is looking at emulating Perlis in banning transgender people from entering mosques in the federal territories.

He said the move by the Perlis religious authorities is appropriate in maintaining the sanctity of mosques and prevent confusion among the community.

However, Marzuk said so far, the department has not received any information or reports of transpeople in mosques.

Thilaga Sulathireh from Justice for Sisters also echoed Nisha’s concerns. 

Thilaga said that it is extremely worrying that these efforts are coming from the state that is supposed to uphold the rights of all people.

Instead, the state is creating an environment that allows and normalises intolerance, discrimination and violence against “the others” with impunity, she said.

“The ‘hukum’ or guideline and the statement by the deputy minister are more signs of growing religious intolerance and anti-LGBTIQ (lesbian, gay, bisexual, transgender, intersex and queer) sentiments in Malaysia,” she said. 

“The hukum, which includes, among others, restriction against transgender and gender diverse people from entering mosques is a dangerous precedence, as this will have a domino effect on other states as we are witnessing now. 

“Further, it clearly violates LGBTIQ people’s freedom of religion or belief. 

“We emphasise that LGBTIQ, like everyone else, have the right to practise their religion or belief.”

She said the hukum development process needs to be reviewed. 

She said in Malaysia, hukum and fatwa, whether gazetted or not, have a wide-reaching impact on all persons and therefore, should be developed in a transparent and consultative manner, and also take an evidence-based and rights-based approach.

“We are concerned that the fatwa in Perlis was made by a small group of men without any consultation with trans and gender diverse people or experts in the field gender and theology,” she said. 

Thilaga said it is critical for mufti and others in policy-making positions to be guided by updated intellectual discourse, evidence and human rights.

“We emphasise that LGBTIQ people are not sinners because of our sexual orientation, gender identity and gender expression and, therefore, there is no need for us to repent or to be corrected because of who we are,” she said. 

Meanwhile, Sisters in Islam (SIS) told The Malaysian Insight that statements and rules made by religious authorities must be empathetic towards the realities and experiences of transgenders. 

The rights group said religious authorities must stop making statements that are prejudiced and discriminatory towards this marginalised group as it will have a negative ripple effect among the public and other agencies. 

“Furthermore, the public must learn to accept and be empathetic towards transgenders as they, too, are functioning members of society that contribute to the economy and have the civil rights to live freely without fear of discrimination, violence and prejudice, just like everyone else,” it said. 

“Transgenders, like others, have the right to live free of fear, discrimination and violence.” 

SIS said transpeople have been victims of discrimination, violence and abuse, particularly in the last 30 years. 

“They have suffered discrimination in many areas such as jobs, public health care and education,” it said.

“Hence, the statements made by the government and other mufti such as Perlis mufti Dr Mohd Asri Zainul Abidin and Penang mufti Dr Wan Salim Wan Mohd Noor recently to ban transgenders to enter the mosque to pray is worrying, and we are concerned that these statements will definitely incite more hatred towards the transgender communities.”

Last year, Seed Malaysia reported at least two murder cases involving transwomen in Malaysia between November 2019 and October last year.

It cited a case in May last year where a transwoman from Indonesia was found dead in her room, allegedly murdered by her boyfriend, and another case of a young transwoman who was found dead in her home in Johor Baru.

It also revealed that there were 14 reported cases of murder of transwomen in Malaysia between 2015 and last year, with one to four cases each year. – September 29, 2021.