LGBTQ folk's lifestyle choices must remain within confines of law, says minister


Looi Sue-Chern

ALTHOUGH their basic rights cannot be denied, the lifestyle choices of LGBTQ ( lesbian, gay, bisexual, transgender and queer) folk in Malaysia are still subject to the law.

Minister in the Prime Minister’s Department (Islamic Affairs) Mujahid Yusof Rawa (PH-Parit Buntar) cited Section 377A of the Penal Code and the Shariah Criminal Offences (Federal Territories) Act’s Sections 25, 26 and 28.

Section 377A states that carnal intercourse against the order of nature is illegal, while the three shariah offences, respectively, prohibit sodomy, musahaqah or lesbianism, and men behaving like women.

“All this means the rights of the community to adopt their lifestyle is still subject to laws that prohibit such activities in Malaysia.

“Please do not twist my words or accuse the Pakatan Harapan government of being LGBTQ-friendly at the minbar (mosque pulpits),” he said during question time in the Dewan Rakyat this morning.

He was responding to questions by Ahmad Nazlan Idris (BN-Jerantut) and Shahar Abdullah (BN-Paya Besar) on what the PH-led federal government planned to do about LGBT culture in Muslim-majority Malaysia.

Mujahid said the government defends the basic rights of all Malaysians, including those in the LBGTQ community, as provided for in the Federal Constitution, which recognises Islam as the official religion.

He said LGBTQ folk should not be oppressed or discriminated against at the workplace.

“Some 80% of mak nyah (transgender persons) in Malaysia are involved in the sex industry. 

“If we keep discriminating against them at the workplace, then they will continue to work in this industry, when it is the government’s intention to get them out of it,” he said.

On enforcement matters related to the community, Mujahid said jurisdiction lay with each state’s religious authorities, not the federal government.

However, he said Islam was not a punitive religion, and that the government believed showing care and practising inclusivity of Muslims in the LGBTQ community by the federal Islamic Development Department (Jakim) should continue.

He said outreach programmes conducted with the help of other Islamic agencies and civil society groups would help the community’s members “be treated and rehabilitated voluntarily”.

“The Selangor Islamic Council has been the most active and effective in this effort,” he said.

He said religious authorities would also conduct public seminars for students, parents, school counsellors, civil society, healthcare staff and the private sector to discuss LGBTQ issues from the health, psychosocial, psychological and psycho-spiritual aspects.

“It will allow them to get the right information to encourage them to stay clear of such cultures, and to help those involved to leave the lifestyle.

“We also have an ebook for those dealing with homosexuality and other materials from the Islamic persepctive for those dealing with LGBTQ,” he said.

Nazlan, in additional questioning, asked the government if it had a holistic plan to prevent LGBTQ culture from spreading, and what it planned to do about those who use social media platforms to promote their businesses and products while displaying their “free, luxurious, glamorous and twisted” lifestyles.

He said such activities would harm religious and family institutions if not curbed.

In response, Mujahid said this was regrettable, and that from an Islamic perspective, it was a crime for a man to dress like a woman for “immoral purposes”.

Mujahid said the LGBTQ culture was also present in other faiths, apart from Islam, so all religions should play a role in addressing the issue.

He said dialogues with other faiths would be held on the matter.

He also took a question from Hasanuddin Mohd Yunus (PH-Hulu Langat) on educating Malaysians on how to deal with their sexuality to address other problems like rape, incest and molestation.

Mujahid said such a dense issue needed the cooperation of various ministries, adding that sex education was important in addressing it.

“It should no longer be considered taboo,” he said, adding he would look into finding a holistic solution. – July 23, 2018.


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