Muslims need to grow up, says Zaid after landmark ruling on transgenders

Datuk Zaid Ibrahim urged Muslims authorities to stop going after minority groups such as the transgender community. – The Malaysian Insider pic, November 10, 2014.

Muslims in Malaysia need to grow up and not easily take offence at those they disapprove of or deemed to have committed sinful acts, says former de facto law minister Datuk Zaid Ibrahim.

In his blog posting today, he said that Muslim authorities in Malaysia should stop going after minority groups such as the transgender community.

His posting today paid tribute to the landmark ruling of the appellate court last Friday which recognised transgender individuals as human beings with rights and protected by the Federal Constitution.

The Court of Appeal ruled that Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992 was unconstitutional.

Section 66 prohibits any Muslim man from “wearing a woman's attire and poses as a woman” and carries a punishment of a fine not exceeding RM1,000 or jail of not more than six months or both.

The appellate court ruled that the Shariah law contravened constitutional provisions that guarantee personal liberty, equality, freedom of movement, and freedom of expression.

It also said the law was discriminatory as it fails to recognise men diagnosed with the Gender Identity Disorder (GID), or transgenderism.

"I know some Muslims feel it is their obligation to stop and deter other Muslims from committing sinful acts, but don't they have more pressing issues to address?" Zaid asked.

"Both Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom and the Islamic Development Department of Malaysia (Jakim) have commented on the issue.

"Why has nobody felt compelled to ask Prime Minister Datuk Seri Najib Razak about the billions of ringgit which 1Malaysia Development Berhad (1MDB) has lost?"

As the protectors of Islam, both Jamil and Jakim should not be afraid to speak up for transparency, justice, integrity and the truth, Zaid said.

"Or perhaps Jamil and Jakim are only protectors of Islam on issues such as touching a dog, pluralism, crossdressing and the packaging of mineral water with Hindu deities," Zaid said.

"However, if that is the level of Muslim authorities' struggle for Islam and Muslims, then former Prime Minister Tun Dr Mahathir Mohamad was right in saying Muslims are in dire straits."

Zaid said instead of criticising the Court of Appeal, the three-men bench comprising Justices Datuk Mohd Hishamsuddin Mohd Yunus, Datuk Aziah Ali and Datuk Lim Yee Lan had done the judiciary proud.

"Many Muslims (comprising politicians and their supporters) who consider themselves 'defenders of the faith' are angry and unhappy with the decision," Zaid said.

"But the three judges have done the judiciary proud by interpreting the law without fear of any fundamentalist group."

Zaid said the appellate court's decision has the same positive and historic impact as the one made by the Indian Supreme Court six months ago.

"There are nearly 2 million transgender individuals in India and they too were constantly ostracised and discriminated against.

"They were denied admission into work, schools and even hospitals, leaving them to scrape by in poverty on the fringes of society.

"The Supreme Court’s decision compelled the Indian government to treat them as human beings, just as men and women are treated.

"Whatever benefits men and women have must therefore also be provided to transgender individuals."

- TMI