LGBTQ rights in Malaysia

Malaysia retains its criminal ban on sodomy (anal sex or oral sex involving the penis) under Section 377A of the Penal Code, which was enacted in 1871 when it was under British colonial rule (British Malaya).{{cite book|last=Han|first=Enze|date=3 May 2018|title=British Colonialism and the Criminalization of Homosexuality|publisher=Routledge|isbn=9781351256186}}{{rp|34}} It is broadly defined to include both heterosexual and homosexual acts, regardless of the gender of both parties involved, with possible punishments including fines, caning, and prison sentences of up to twenty years. Section 377D of the Penal Code also criminalises "act of gross indecency with another person" with up to two years imprisonment, which applies to both males and females since 1989.{{Cite web |date=4 July 2023 |title=Penal Code (Act 574) |url=https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1841145_BI/WJW23%EF%80%A21011%20Act%20574.pdf |access-date=20 November 2024 |website=Federal Legislation (LOM) |pages=195-196}} In addition to the secular law, Muslim citizens may also be charged in special Islamic courts,{{cite web |url=http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html |title=Rethinking Malaysia's sodomy laws |publisher=The Malaysian Bar |date=26 July 2009 |access-date=8 February 2012 |archive-url=https://web.archive.org/web/20120305164714/http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html |archive-date=5 March 2012 |url-status=dead }}{{Cite web|url=https://www.thestar.com.my/news/nation/2018/08/24/a-brutal-assault-and-rising-fear-in-malaysias-lgbt-community|title=A brutal assault and rising fear in Malaysia's LGBT community|date=2018-08-24|website=The Star Online|language=en|access-date=2020-01-02}} however non-Muslim are not subjected to Islamic law and the Islamic courts have no jurisdiction over non-Muslims, as enshrined in the Federal Constitution of Malaysia.

There has been some public discussion about reforming the law so as to exempt private, non-commercial sexual acts between consenting adults. Some members of the major opposition party have expressed support for such a reform, most notably Latheefa Koya, but this is not the official position of the party. No political party or elected member of the Parliament has formally proposed such a reform.

In 1993, Kelantan passed Syariah Criminal Code (II) Enactment 1993 that stipulated the implementation of hudud law, including for same-sex sexual acts. However, following backlash by Sisters in Islam and letter to then Prime Minister, Mahathir Mohammad, the code remains unenforced. In 2015, Kelantan re-enacted this shariah criminal code so that non-Muslims are fully exempt from the law, however its provisions are still unenforceable due to the limits set by Act 355.{{Cite web |date=25 December 1993 |title=Memorandum On the Syariah Criminal Code (II) 1993 State of Kelantan |url=https://sistersinislam.org/memorandum-on-the-syariah-criminal-code-ii-1993-state-of-kelantan/ |access-date=30 December 2024 |website=Sisters In Islam}}

In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing in state-controlled media.

In 1995, the Religious Affairs Minister of the state of Selangor praised the Islamic Badar vigilante groups, who had organised in 1994, to assist in the arrest of 7,000 individuals for engaging in "unIslamic" activities such as homosexuality.

In 2002, Terengganu passed Syariah Criminal Offenses (Hudud And Qisas) Enactment 2002 which stipulated the imposition of hudud law including for same-sex sexual acts, but this law remained unenforceable due to the limits set out by Act 355.

In 2005, the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals.{{cite web|url=http://www.glapn.org/sodomylaws/world/malaysia/mynews072.htm |title=Sodomylaws.Org |publisher=Sodomylaws.Org |access-date=8 February 2012}}

In 2010, the Film Censorship Board of Malaysia announced it would only allow depiction of homosexual characters as long as the characters "repent" or "go straight" in the end.{{cite web|url=https://www.advocate.com/arts-entertainment/entertainment-news/2010/03/22/malaysia-gay-film-characters-ok-if-they-go-straight|title=Malaysia: Gay Characters OK, If They Go Straight | Entertainment News|last=Bolcer|first=Julie|date=22 March 2010|publisher=The Advocate|url-status=live|archive-url=https://web.archive.org/web/20100324190945/http://www.advocate.com/Arts_and_Entertainment/Entertainment_News/Malaysia_Gay_Film_Characters_OK,_If_They_Go_Straight/|archive-date=24 March 2010|access-date=8 February 2012}}{{Cite news |date=22 March 2010 |title=OK to be gay - as long as character repents |url=https://www.abc.net.au/news/2010-03-22/ok-to-be-gay---as-long-as-character-repents/375558 |url-status=live |archive-url=https://web.archive.org/web/20240519123128/https://www.abc.net.au/news/2010-03-22/ok-to-be-gay---as-long-as-character-repents/375558 |archive-date=19 May 2024 |access-date=12 December 2024 |work=ABC News |agency=AFP}} In 2017, Malaysia tried to censor Beauty and the Beast over some gay moments but eventually relented and let the movie be shown.{{cite web|url=https://www.thestar.com.my/news/nation/2017/03/16/disney-malaysia-lodges-appeal/|title=Disney Malaysia Lodges Appeal. Censorship Board Says It Will Not|date=16 March 2017|website=The Star Online|access-date=6 January 2018}}{{cite web|url=https://www.bbc.co.uk/news/entertainment-arts-39255356|title=Beauty And The Beast Postponed In Malaysia|date=14 March 2017|website=BBC|access-date=6 January 2018}} The censorship board also had no objections to the screening of Power Rangers even with a lesbian scene in the movie.{{cite web|url=https://www.pinknews.co.uk/2017/03/23/malaysia-to-show-power-rangers-despite-lesbian-storyline/|title=Malaysia to show Power Rangers despite lesbian storyline|website=PinkNews|date=23 March 2017|access-date=6 January 2018}}{{cite web|url=http://www.newnownext.com/power-rangers-malaysia-greenlight/03/2017/|title=Malaysia Okays "Power Rangers" Movie Despite Gay Character|website=newnownext|url-status=dead|archive-url=https://web.archive.org/web/20180106173213/http://www.newnownext.com/power-rangers-malaysia-greenlight/03/2017/|archive-date=6 January 2018|access-date=6 January 2018}}

In 2016, the High Court affirmed the right of a post-transition transgender man to reassign his gender on his national registration identity card.{{Cite web |title=eLaw - TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA |url=https://www.elaw.my/LatestLaw.aspx?id=IWijDkofPbc2Ncp77m7+dg== |access-date=2024-04-12 |website=www.elaw.my}} The following year the judgement was overturned on appeal.{{Cite web |last=JALIL |first=MELATI A. |date=2017-01-05 |title=NRD wins appeal bid to stop transgender from changing IC details |url=https://www.malaymail.com/news/malaysia/2017/01/05/nrd-wins-appeal-bid-to-stop-transgender-from-changing-ic-details/1286225 |access-date=2024-04-12 |website=Malay Mail |language=en}}

In May 2017, the LGBTQ pride march organised by Taylor's University planned in June was cancelled due to Islamist pressure. The event was condemned by pro-Islamist blogs because it was disrespectful to do in the Islamic holy month of Ramadan.{{cite news|url=https://www.malaymail.com/news/malaysia/2017/05/18/lgbt-pride-march-in-taylors-university-cancelled-after-islamist-pressure/1379187|title=LGBT pride march in Taylor's University cancelled after Islamist pressure|date=18 May 2017|work=Malay Mail|access-date=8 November 2017}}

In August 2018, a gay bar in the capital Kuala Lumpur was raided by police and religious enforcement officials, while in a separate incident, a transgender woman was beaten up by a group of assailants in Seremban, a town south of Kuala Lumpur. The minister in charge of Islamic affairs also came under fire from activists and other ruling party lawmakers, after he ordered the removal of portraits of two LGBTQ activists from an art exhibition.

In September 2018, two Muslim women were convicted by the Terengganu Shariah High Court for attempting to have lesbian sex in a car parked in public area, and were fined 3,300 Malaysian ringgit and caned six times in shariah-style caning before an audience in a courtroom of the Terengganu Shariah High Court.{{Cite news |date=3 September 2018 |title=100 attend public caning of couple in Terengganu lesbian sex case |url=https://www.freemalaysiatoday.com/category/nation/2018/09/03/100-attend-public-caning-of-couple-in-terengganu-lesbian-sex-case/ |access-date=12 December 2024 |work=Free Malaysia Today}} Prime Minister Mahathir Mohamad denounced the punishment, saying it "did not reflect the justice or compassion of Islam".{{Cite web|url=https://www.independent.co.uk/news/world/asia/malaysia-lesbians-caning-illegal-sex-car-homosexuality-law-sharia-court-lashes-a8520751.html|title=Women caned in Malaysia for attempting to have lesbian sex|last=Barnes|first=Tom|date=2018-09-03|website=The Independent|language=en|access-date=2020-01-02}}

In November 2019, a shariah court found five Muslim men guilty for "attempting" gay sex, under section 28 of Selangor's sharia law, and they received fines, imprisonment and six strokes of the cane each. The five men were arrested during a 2018 raid on a private residence in Selangor, in which a total of 11 men were arrested.{{Cite web|date=2021-02-25|title=Malaysia's Highest Court Strikes Down State Gay Sex Ban|url=https://www.hrw.org/news/2021/02/25/malaysias-highest-court-strikes-down-state-gay-sex-ban|access-date=2022-02-01|website=Human Rights Watch|language=en}}{{Cite news |last=Mohd Zaini |first=Siraj |date=7 November 2019 |title=Attempted gay orgy: Five men get jail time |url=https://www.nst.com.my/news/crime-courts/2019/11/536703/attempted-gay-orgy-five-men-get-jail-time |access-date=12 December 2024 |work=New Straits Times}}

In 2020, local rock bank Bunkface stirred controversy over homophobic lyrics in their song Akhir Zaman ("The End of Times"). The lyrics urge the LGBT community to "go and die". The band issued a statement on Instagram on March 6, 2020, where they referred to the Quran to defend their anti-LGBT lyrics.{{Cite web |last=Begum |first=Haneesa |date=2020-03-10 |title=‘Go and die’: Malaysian rockers defend anti-LGBT lyrics |url=https://www.scmp.com/lifestyle/entertainment/article/3074262/go-and-die-malaysian-rock-band-stand-anti-lgbt-lyrics |access-date=2025-02-11 |website=South China Morning Post |language=en}}

In 2021, one of the Muslim man who was arrested on sodomy charges under Selangor's shariah law in the November 2019 case filed a lawsuit against the state government of Selangor. Subsequently, the Federal Court of Malaysia declared that the Islamic provision banning gay sex in Selangor is unconstitutional, and any state laws within Malaysia can not be in conflict or override with clear federal laws banning gay sex.{{Cite news |date=25 February 2021 |title=A Malaysian man has won a landmark challenge against Islamic laws banning gay sex |url=https://www.sbs.com.au/news/article/a-malaysian-man-has-won-a-landmark-challenge-against-islamic-laws-banning-gay-sex/ou34ehg4b |access-date=12 December 2024 |work=SBS News |agency=AFP}}{{Cite news |date=26 February 2021 |title=Malaysian man wins landmark challenge against Muslim gay sex ban |url=https://edition.cnn.com/2021/02/26/asia/malaysia-gay-sex-ban-court-case-intl-hnk/index.html |access-date=12 December 2024 |work=CNN |agency=Reuters}}

In 2022, Malaysian authorities raided a Halloween party, arresting dozens of participants that were a part of the LGBTQ+ community.{{cite web |title=Malaysian Authorities Raid LGBT Halloween Party |url=https://www.voanews.com/a/malaysian-authorities-raid-lgbt-halloween-party/6811548.html |website=Voice of America |publisher=VOA |access-date=10 June 2023}} Numan Afifi, an LGBTQ rights activist who was among those arrested, referred to it as "outrageous state oppression".

In 2023, Malaysian authorities seized rainbow-coloured watches made by Swatch from its Pride collection. Eleven shopping malls with Swatch outlets around Malaysia, including in the capital Kuala Lumpur, were raided in May.{{cite web |title=Malaysia confiscates ‘LGBT’ rainbow Swatch watches |url=https://www.theguardian.com/world/2023/may/24/malaysia-confiscates-lgbt-rainbow-swatch-watches |website=The Guardian |publisher=Agence France-Presse |access-date=22 July 2023 |archive-url=https://web.archive.org/web/20230524000423/https://www.theguardian.com/world/2023/may/24/malaysia-confiscates-lgbt-rainbow-swatch-watches |archive-date=24 May 2023 |date=23 May 2023}} However, on 24 June 2023, Swatch filed a lawsuit against the Malaysian government.{{cite web |title=Swiss watchmaker Swatch sues Malaysia for seizure of Pride watches |url=https://www.reuters.com/business/retail-consumer/swiss-watchmaker-swatch-sues-malaysia-seizure-pride-watches-2023-07-17/ |website=Reuters |access-date=22 July 2023 |archive-url=https://web.archive.org/web/20230722050317/https://www.reuters.com/business/retail-consumer/swiss-watchmaker-swatch-sues-malaysia-seizure-pride-watches-2023-07-17/ |archive-date=22 July 2023 |language=en |date=17 July 2023}} On 25 November 2024, the Kuala Lumpur High Court ruled that the seizure conducted by the Home Ministry was illegal, as it was done without warrant and was carried out before the prohibition order was issued. The court subsequently ordered all 172 seized watches to be returned to Swatch,{{Cite news |last=Lim |first=Ida |date=25 November 2024 |title=High Court says Home Ministry’s seizure of 172 Swatch’s Pride watches ‘illegal’, orders return within 14 days |url=https://www.malaymail.com/news/malaysia/2024/11/25/high-court-says-home-ministrys-seizure-of-172-swatchs-pride-watches-illegal-orders-return-within-14-days/157930 |access-date=12 December 2024 |work=Malay Mail}}{{Cite news |date=25 November 2024 |title=Swatch wins Malaysian suit over watches the government said had LGBTQ+ elements |url=https://apnews.com/article/malaysia-swatch-seizure-lgbtq-watch-gay-pride-226f2c9098f87149c05a95f1a9ee1540 |access-date=12 December 2024 |work=Associated Press}} and all watches were eventually returned to Swatch by the Home Ministry on 9 December 2024.{{Cite news |last=Lim |first=Ida |date=17 December 2024 |title=Malaysia returns all 172 seized Pride watches to Swatch after court order |url=https://www.malaymail.com/news/malaysia/2024/12/17/malaysia-returns-all-172-seized-pride-watches-to-swatch-after-court-order/160101 |access-date=19 December 2024 |work=Malay Mail}}

In July 2023, English pop rock band The 1975 was forced by the organisers of Good Vibes Festival to prematurely end their performance after their lead vocalist Matty Healy criticised the country's widespread anti-LGBTQ laws and kissed fellow band mate Ross MacDonald. Healy added that they initially didn't want to visit Malaysia, stating that "I made a mistake. When we were booking shows, I wasn't looking into it," he said. "I don't see the fucking point... of inviting The 1975 to a country and then telling us who we can have sex with."{{cite web |title=Rock band The 1975's set stopped in Malaysia after onstage kiss |url=https://www.reuters.com/world/rock-band-1975s-set-stopped-malaysia-after-onstage-kiss-2023-07-22/ |website=Reuters |access-date=22 July 2023 |archive-url=https://web.archive.org/web/20230722045544/https://www.reuters.com/world/rock-band-1975s-set-stopped-malaysia-after-onstage-kiss-2023-07-22/ |archive-date=22 July 2023 |language=en |date=22 July 2023}}{{cite web |last1=Murphy |first1=Matt |title=Matty Healy: 1975 show ended in Malaysia after singer attacks anti-LGBT laws |url=https://www.bbc.com/news/world-asia-66275913 |website=BBC News |access-date=22 July 2023 |archive-url=https://web.archive.org/web/20230722045539/https://www.bbc.com/news/world-asia-66275913 |archive-date=22 July 2023 |date=22 July 2023}}{{cite web |last1=Kreps |first1=Daniel |title=The 1975's Set at Malaysia Festival Cut Short as Matty Healy Slams Anti-LGBTQ Laws |url=https://www.rollingstone.com/music/music-news/the-1975-malaysia-festival-matty-healy-slams-anti-lgbtq-laws-1234793551/ |website=Rolling Stone |access-date=22 July 2023 |archive-url=https://web.archive.org/web/20230722045538/https://www.rollingstone.com/music/music-news/the-1975-malaysia-festival-matty-healy-slams-anti-lgbtq-laws-1234793551/ |archive-date=22 July 2023 |date=21 July 2023}}{{cite web |last1=Aniftos |first1=Rania |title=Matty Healy Says The 1975 Is Banned From Kuala Lumpur After Onstage Kiss |url=https://www.billboard.com/music/music-news/matty-healy-the-1975-malaysia-ban-kiss-lgbtq-1235376593/ |website=Billboard |access-date=22 July 2023 |archive-url=https://web.archive.org/web/20230722045610/https://www.billboard.com/music/music-news/matty-healy-the-1975-malaysia-ban-kiss-lgbtq-1235376593/ |archive-date=22 July 2023 |date=21 July 2023}} Human rights and LGBTQ activist Peter Tatchell, writing for The Guardian wrote that criticism of Healy and the band "deflect attention from where the criticisms should be most urgently directed: against the homophobia of the Kuala Lumpur regime." He also expressed that Healy is no white saviour for showing solidarity to the community as "queer rights are a universal human right, not a western one".{{Cite news |last=Tatchell |first=Peter |date=2023-07-25 |title=Matty Healy is not a 'white saviour' for showing solidarity with Malaysia's LGBTQ+ people |language=en-GB |work=The Guardian |url=https://www.theguardian.com/commentisfree/2023/jul/25/matty-healy-the-1975-lgbtq-malaysia-homophobia |access-date=2023-07-26 |issn=0261-3077}} That same month, 8 individuals were arrested by the police in Kuala Lumpur for staging a demonstration supporting LGBTQ rights.{{cite web |title=Cops arrest 8 men over gathering supporting LGBT rights |url=https://www.freemalaysiatoday.com/category/nation/2023/07/31/cops-arrest-8-men-over-gathering-supporting-lgbt-rights/ |website=freemalaysiatoday.com |publisher=Free Malaysia Today |access-date=1 August 2023}}

On 9 February 2024, the Federal Court of Malaysia in Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, struck down 16 Sharia-based Kelantan state laws; parts of which covered incest, sodomy, and cross-dressing. However, this ruling does not affect anti-LGBTQ laws at the federal level. {{Cite web |last=Ng |first=Eileen |date=9 February 2024 |title=Malaysia's top court invalidates state's Islam-based laws on incest, sodomy and other offenses |url=https://apnews.com/article/malaysia-islamic-law-ruling-supreme-court-952a67295512576112537db2d56f26bd |access-date=25 December 2024 |website=AP News |language=en}}

In November 2024, the Kelantan state approved its amendments to its entertainment law, banning entertainment activities that promote or contain unethical elements, such as supporting LGBTQ behaviour.{{cite web |title= Kelantan passes entertainment control bill|url= https://www.freemalaysiatoday.com/category/nation/2024/11/26/kelantan-passes-entertainment-control-bill/ |website=freemalaysiatoday.com |publisher=Free Malaysia Today |access-date=21 December 2024}}

Malaysia's federal law is universally apply to all person within Malaysia regardless of their religion or nationality. One such federal law is the Penal Code, which although did not specifically criminalise same-sex identities or same-sex relationships, did prohibit and penalise homosexual intercourse. Another piece of federal legislation, the Printing Presses and Publications Act 1984, has also been used to ban publications or items relating to LGBTQ on the grounds of immorality.

{{See also|Anwar Ibrahim sodomy trials}}

Section 377A of the Penal Code, under the heading "Carnal intercourse against the order of nature", criminalise the act of anal sex or oral sex between two consensual persons, for which the punishment are up to 20 years imprisonment and whipping. This section is also generally referred to as the "anti-gay law" or "sodomy law" of Malaysia, although it is gender-neutral and does not discern between genders or sexual orientations of the person involved.{{Cite web |date=4 February 2020 |title=LGBTQ Legal Guide: What laws are out to catch you? |url=https://www.queerlapis.com/legal-resource-laws-part-1-laws/ |access-date=15 December 2024 |website=Queer Lapis}}

Section 377C of the Penal Code also punishes non-consensual or forced anal sex or oral sex between two persons, for which the punishment is minimum 5 years imprisonment to maximum 20 years imprisonment, and also whipping.

Lesbian sex is not specifically criminalised under the Penal Code or any other federal law, but some groups have fear it may fall under Section 377D, which criminalise "act of gross indecency with another person", for which the punishment is up to 2 years imprisonment.{{Cite web |last=Gupta |first=Alok |last2=Long |first2=Scott |date=17 December 2008 |editor-last=PoKempner |editor-first=Dinah |editor2-last=Saunders |editor2-first=Joe |title=This Alien Legacy: The Origins of "Sodomy" Laws in British Colonialism |url=https://www.hrw.org/report/2008/12/17/alien-legacy/origins-sodomy-laws-british-colonialism |access-date=19 December 2024 |website=Human Rights Watch |publication-place=United States of America |isbn=1-56432-419-2}}{{Cite news |date=22 August 2018 |title=Caning of lesbian couple ‘cruel’, says rights group |url=https://www.themalaysianinsight.com/s/89849 |access-date=19 December 2024 |work=The Malaysian Insight}} However, what constitute "act of gross indecency" is unclear and undefined by the Penal Code itself, and past court cases have indicated that it is left for the court to decide{{Cite journal |last=Eusoff Chin |last2=Lamin Mohd Yunus |last3=Zakaria Yatim |date=3 March 1999 |title=Sukma Darmawan Sasmitaat Madja v. Ketua Pengarah Penjara Malaysia & Anor |url=https://defendingforb.org/media/msjpqcdt/sukma-darmawan-sasmitaat-madja-v-ketua-pengarah-penjara-malaysia-anor-1999-2-mlj-241.pdf |journal=Current Law Journal |volume=2 |pages=707-718}} or based on "morals of the general public".{{Cite journal |last=Abu Bakar Katar |year=2016 |title=Asuria Ahmad lwn. PP |trans-title=Asuria Ahmad v. PP |url=https://www.scribd.com/document/501171235/ASURIA-AHMAD-lwn-PP |journal=Current Law Journal |language=Malay |volume=3 |page= |pages=907-918}}{{Cite journal |last=Lee Tsen-Ta |first=Jack |date=1995 |title=Equal Protection and Sexual Orientation |url=https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1575&context=sol_research |journal=Singapore Law Review |volume=16 |pages=228-285}}

{{Block quote|text=[...] s. 377D of the Penal Code deals with any act of gross indecency involving any person, and it can be between male persons, between female persons, or between male and female persons. As to what act constitutes indecency or gross indecency, the legislature itself has seen it fit not to give it a definition, but has left it entirely to the court to determine. It is not possible to define what is indecent or grossly indecent act. As the High Court judge in this case had stated in his judgment - "Every person may have a different view of what is indecent. Our individual perception of what is indecent depends upon our upbringing, which includes religious, cultural and family values." [...]|author=Chief Justice Eusoff Chin|title=[https://defendingforb.org/media/msjpqcdt/sukma-darmawan-sasmitaat-madja-v-ketua-pengarah-penjara-malaysia-anor-1999-2-mlj-241.pdf Sukma Darmawan Sasmitaat Madja v. Ketua Pengarah Penjara Malaysia & Anor]|source=[1999] 2 CLJ 707}}

Majority of cases prosecuted under Section 377D are non-violent sexual assault,{{Cite news |date=6 December 2024 |title=Celebrity preacher jailed again, this time for outraging teen’s decency |url=https://www.freemalaysiatoday.com/category/nation/2024/12/06/celebrity-preacher-jailed-again-this-time-for-outraging-teens-decency/ |access-date=19 December 2024 |work=Free Malaysia Today}}{{Cite news |date=16 February 2024 |title=Court upholds jail sentence of ex-religious school head for gross indecency |url=https://www.freemalaysiatoday.com/category/nation/2024/02/16/court-upholds-jail-sentence-of-ex-religious-school-head-for-gross-indecency/ |access-date=19 December 2024 |work=Free Malaysia Today}}{{Cite news |last=Ram |first=Sadho |date=21 March 2018 |title=A Religious Teacher Who Sexually Abused His Sister-In-Law Was Sentenced To A Year's Jail |url=https://says.com/my/news/a-religious-teacher-who-sexually-abused-his-sister-in-law-was-sentenced-to-a-year-s-jail |access-date=19 December 2024 |work=SAYS}}{{Cite news |date=7 December 2017 |title=Former Madrasah principal claims trial to gross indecency charges |url=https://www.nst.com.my/news/crime-courts/2017/12/311978/former-madrasah-principal-claims-trial-gross-indecency-charges |access-date=19 December 2024 |work=New Straits Times |agency=BERNAMA}} flashing,{{Cite news |date=18 April 2017 |title=Man charged with flashing private parts, giving death threat to woman |url=https://www.malaymail.com/news/malaysia/2017/04/18/man-charged-with-flashing-private-parts-giving-death-threat-to-woman/1358909 |access-date=19 December 2024 |work=Malay Mail |agency=BERNAMA}}{{Cite news |last=Ilham |first=Rosli |date=27 November 2023 |title=Man arrested for indecent exposure to doctor |url=https://www.nst.com.my/news/crime-courts/2023/11/983476/man-arrested-indecent-exposure-doctor |access-date=19 December 2024 |work=New Straits Times}}{{Cite news |last=Tan |first=Ben |date=1 December 2023 |title=In Johor, man arrested for flashing while riding motorbike |url=https://www.malaymail.com/news/malaysia/2023/12/01/in-johor-man-arrested-for-flashing-while-riding-motorbike/105269 |access-date=19 December 2024 |work=Malay Mail}} public masturbation{{Cite news |last=Nordin |first=Remar |date=22 September 2023 |title=Cops nab man for public indecency in Kluang |url=https://www.thestar.com.my/news/nation/2023/09/22/cops-nab-man-for-public-indecency-in-kluang |access-date=19 December 2024 |work=The Star}}{{Cite news |last=N. Karim |first=Khairah |date=20 March 2017 |title=Man charged with outraging woman's modesty by masturbating in Cheras elevator |url=https://www.nst.com.my/news/2017/03/222730/man-charged-outraging-womans-modesty-masturbating-cheras-elevator |access-date=19 December 2024 |work=New Straits Times}} or public sex.{{Cite news |last=Tan |first=Ben |date=7 April 2023 |title=Johor cops remand man and teen girl for two days pending probe into sex act video clip |url=https://www.malaymail.com/news/malaysia/2023/04/07/johor-cops-remand-man-and-teen-girl-for-two-days-pending-probe-into-sex-act-video-clip/63683 |access-date=19 December 2024 |work=Malay Mail}}{{Cite news |last=Nordin |first=Remar |date=24 May 2023 |title=Couple remanded four days for alleged indecent act in Johor parking lot |url=https://www.thestar.com.my/news/nation/2023/05/24/couple-remanded-four-days-for-alleged-indecent-act-in-johor-parking-lot |access-date=19 December 2024 |work=The Star}} As of April 2025, there's no known case of lesbian being charged under Section 377D for having lesbian sex.

File:Gay books banned by KDN (cropped).jpg and banned under the Printing Presses and Publications Act 1984 by the Home Ministry on display during an exhibit held at KL Convention Centre.|305x305px]]

Printing Presses and Publications Act 1984, or PPPA, is a piece of federal legislation that is often used by the Malaysian government to ban and censor books or items relating to LGBTQ in Malaysia.

Section 7 of the PPPA allows the Home Minister by an order in the Gazette to prohibit the printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of any "undesirable publications" in Malaysia on the grounds of "prejudicial to public order, morality, security, or which is likely to alarm public opinion, or which is or is likely to be contrary to any law or is otherwise prejudicial to public interest or national interest". Anyone who without lawful excuse owns a prohibited publication may be punished with up to RM5,000 fine; while anyone who prints, publishes, sells, or distribute a prohibited publication can be punished with maximum 3 years imprisonment or up to RM20,000 fine.{{Cite web |date=1 September 2012 |title=Printing Presses and Publications Act 1984 [Act 301] |url=https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20301%20-%20Printing%20Presses%20And%20Publications%20Act%201984.pdf |access-date=15 December 2024 |website=Federal Legislation (LOM) |pages=10-13}}

Majority of LGBTQ-related books are often banned on the grounds of "prejudicial to morality", such as Gay is Okay! A Christian Perspective by Ngeo Boon Lin{{Cite web |date=27 November 2020 |title=Printing Presses and Publications (Control of Undesirable Publications) (No. 3) Order 2020 [P.U. (A) 340/2020] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20340/2020&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} (banned in 2020);{{Cite news |date=19 December 2020 |title=Home Ministry bans two books, including 'Gay is OK!' |url=https://www.nst.com.my/news/nation/2020/12/650656/home-ministry-bans-two-books-including-gay-ok |access-date=15 December 2024 |work=New Straits Times |agency=BERNAMA}} Heartstopper Volume 2 by Alice Oseman{{Cite web |date=12 October 2022 |title=Printing Presses and Publications (Control of Undesirable Publications) (No. 2) Order 2022 [P.U. (A) 329/2022] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20329/2022&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} and Cekik by Ridhwan Saidi{{Cite web |date=12 October 2022 |title=Printing Presses and Publications (Control of Undesirable Publications) (No. 3) Order 2022 [P.U. (A) 330/2022] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20330/2022&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} (banned in 2022);{{Cite news |date=8 November 2022 |title=KDN bans 3 publications |url=https://themalaysianreserve.com/2022/11/08/kdn-bans-three-publications/ |access-date=15 December 2024 |work=The Malaysian Reserve |pages=BERNAMA}}{{Cite news |date=8 November 2022 |title=Home Ministry bans three books for ‘obscene, immoral’ content |url=https://www.thevibes.com/articles/news/76601/home-ministry-bans-three-books-for-obscene-immoral-content |access-date=15 December 2024 |work=The Vibes |agency=BERNAMA}} The Tale of Steven by Rebecca Sugar,{{Cite web |date=20 January 2023 |title=Printing Presses and Publications (Control of Undesirable Publications) Order 2023 [P.U. (A) 24/2023] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%2024/2023&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} Jacob's Room to Choose by Sarah and Ian Hoffman,{{Cite web |date=20 January 2023 |title=Printing Presses and Publications (Control of Undesirable Publications) (No. 2) Order 2023 [P.U. (A) 25/2023] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%2025/2023&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} and Aku by Shaz Johar{{Cite web |date=20 January 2023 |title=Printing Presses and Publications (Control of Undesirable Publications) (No. 3) Order 2023 [P.U. (A) 26/2023] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%2026/2023&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} (banned in 2023).{{Cite news |date=14 February 2023 |title=Home Ministry bans three books with LGBTQ values |url=https://www.thevibes.com/articles/news/85269/home-ministry-bans-three-books-with-lgbtq-values |access-date=15 December 2024 |work=The Vibes}}{{Cite news |date=14 February 2023 |title=KDN bans three publications for immorality, LGBT |url=https://thesun.my/home-news/kdn-bans-three-publications-for-immorality-lgbt-BE10637655 |access-date=15 December 2024 |work=The Sun |agency=BERNAMA}}

In May 2023, some 172 Pride Collection watches sold by Swatch were seized under the PPPA by the Home Ministry for containing "LGBTQ elements" in a nationwide raid.{{Cite news |last=Wai Yeng |first=Kong |date=22 May 2023 |title=Malaysian authorities raid Swatch stores over rainbow Pride Collection |url=https://theedgemalaysia.com/node/668006 |access-date=15 December 2024 |work=The Edge Malaysia}}{{Cite news |last=Lim |first=Ida |date=26 May 2023 |title=Swatch seizures: Can Malaysia’s Home Ministry ban watches as ‘publications’? Lawyers explain |url=https://www.malaymail.com/news/malaysia/2023/05/26/swatch-seizures-can-malaysias-home-ministry-ban-watches-as-publications-lawyers-explain/70979 |access-date=15 December 2024 |work=Malay Mail}} Subsequently an order under Section 7 of the PPPA was issued by the Home Minister in August 2023, formally banning the LGBTQ watches throughout the country.{{Cite web |date=10 August 2023 |title=Printing Presses and Publications (Prohibition of Undesirable Publications) Order 2023 [P.U. (A) 236/2023] |url=https://lom.agc.gov.my/act-view.php?type=pua&no=P.U.%20(A)%20236/2023&status=PRINCIPAL |access-date=15 December 2024 |website=Federal Legislation (LOM)}} However, Swatch filed a lawsuit to challenge the validity of the raid, and the seizure of the watches was later declared illegal by the Kuala Lumpur High Court as the warrentless seizure was done before the watches were gazetted and banned under Section 7 of the PPPA. The court subsequently ordered all 172 seized watches to be returned to Swatch within 14 days. On 9 December 2024, the last day of the 14-days dateline, the Home Ministry returned all 172 watches back to Swatch.

Section 9 of the PPPA also allows the Home Minister to restrict and detain any foreign publications from being imported into Malaysia on the same grounds as described in Section 7.

State Shariah law, in contrast to federal criminal law, only applies to Muslims and have no jurisdiction over non-Muslims, as guarateed by Item 1, Ninth Schedule of the Federal Constitution of Malaysia. Shariah law is not legislated by the federal Parliament, but instead by the State Legislative Assembly of each individual state in Malaysia (except the federal territories), as Islamic affairs falls under the autonomy of a state. Therefore, shariah laws are state laws and the offences contained within them may differs from state to state.

In all 13 states and 3 federal territories of Malaysia, there are shariah law provisions in place that prohibit or restrict homosexual intercouse or gender expression of Muslim LGBTQ community in varying degrees, majority of which are often loosely defined and gender specific, unlike the Penal Code at the federal level. In addition to that, some of the shariah law provisions in certain states have also been declared null and void by the Federal Court of Malaysia as they have intrude into the legislative powers of the federal Parliament and have violated the Federal Constitution.

The following table is a summary of LGBTQ-related offences under the shariah law of every state in Malaysia:

In the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, shariah law is legislated by the federal Parliament instead of a State Legislative Assembly. Under the Syariah Criminal Offences (Federal Territories) Act 1997 [Act 559], liwat (sodomy) and musahaqah (lesbian sex) are criminalised under Section 25 and 26 of the Act, and both offences are punishable with up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.{{Cite web |date=1 January 2013 |title=Syariah Criminal Offences (Federal Territories) Act 1997 [Act 559] |url=https://lom.agc.gov.my/act-detail.php?act=559&lang=BI&date=01-01-2013#timeline |access-date=25 December 2024 |website=Federal Legislation (LOM)}}{{Cite web |last=Ghoshal |first=Neela |date=25 September 2014 |title=“I’m Scared to Be a Woman” Human Rights Abuses Against Transgender People in Malaysia |url=https://features.hrw.org/features/HRW_reports_2014/Im_Scared_to_Be_a_Woman/index.html |access-date=25 December 2024 |website=Human Rights Watch |language=en |publication-place=United States of America |isbn=978-1-62313-1845}}

Under the Act, liwat is simply defined as "sexual relations between male persons" while musahaqah is simply defined as "sexual relations between female persons".

A woman convicted of musahaqah may also, in replacement or in addition of her sentence, be ordered by the Islamic court to be committed to an approved home for up to 6 months under Section 56 of the Act.

The act of a male person posing as a woman in public "for immoral purposes" is also punishable under Section 28 of the same Act with maximum RM1,000 fine, or maximum 1 year imprisonment, or both. However, female cross-dressing as male is not criminalised under the Act.

Under the Syariah Criminal Offences Enactment 1997 [En.4/1997] in Johor, liwat (sodomy) and musahaqah (lesbian sex) are criminalised under Section 25 and 26 of the Enactment respectively, for which the punishment is up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.{{Cite web |date=8 October 1998 |title=Enakmen Kesalahan Jenayah Syariah 1997 |trans-title=Syariah Criminal Offences Enactment 1997 |url=http://library.jksm.gov.my/cgi-bin/koha/opac-retrieve-file.pl?id=0e9d2a66f63202012ee700160a2e0189 |access-date=25 December 2024 |website=Jabatan Kehakiman Syariah Malaysia |language=Malay}}

Under the Enactment, liwat is simply defined as "sexual relations between male persons" while musahaqah is simply defined as "sexual relations between female persons".

Section 28 of the same Enactment also criminalises the act of a male cross-dressing as a female in public "for immoral purpose", for which the punishment is up to RM1,000 fine or up to 1 year imprisonment, or both. However, female cross-dressing as male is not criminalised under Johor's shariah law.

Under the Syariah Criminal Offences (Kedah Darul Aman) Enactment 2014 [En.18/2014], liwat (sodomy) and musahaqah (lesbian sex) are criminalised under Section 23 and 24 of the Enactment respectively, for which the punishment is up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.{{Cite web |date=8 May 2014 |title=Syariah Criminal Offences (Kedah Darul Aman) Enactment 2014 |url=https://syariah.kedah.gov.my/userfiles/files/PDF/Enakment/BI/Enakmen%2018%20Syariah%20Criminal%20Offences%20(Kedah%20Darul%20Aman)%202014.pdf |access-date=25 December 2024 |website=Jabatan Kehakiman Syariah Kedah}}

Under the Enactment, liwat is defined as "unusual sexual intercourse between a man and a man or between a man and a woman" while musahaqah is simply defined as "sexual relations between female persons".

A woman convicted of musahaqah may also, in replacement or in addition of her sentence, be ordered by the Islamic court to be committed to an approved home for up to 6 months under Section 52 of the Enactment.

A male person posing as a women in public is also criminalised under Section 26 of the Enactment, for which the punishment is up to RM1,000 fine or up to 1 year imprisonment, or both. However, female person posing as a male is not criminalised under the Enactment.

In Kelantan, one of the most conservative states in Malaysia, the main piece of shariah criminal legislation is the controversial Syariah Criminal Code (I) Enactment 2019 [Enactment 14].

Section 14 of the law criminalised sodomy or attempted sodomy, for which the punishment is up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof. In the Enactment, sodomy is defined as "sexual intercourse performed unnaturally which is through the anus between a man with someone else".{{Cite web |date=31 December 2020 |title=Syariah Criminal Code (I) 2019 |url=https://syariah.kelantan.gov.my/downloadjksnk/ENAKMENKANUNJENAYAHSYARIAH.pdf |access-date=25 December 2024 |website=Jabatan Kehakiman Syariah Negeri Kelantan |pages=51-92}}

Section 15 also punishes musahaqah with up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, while attempted musahaqah may be subjected to maximum RM5,000 fine or maximum 3 years imprisonment, or both. Under the Kelantan Enactment, musahaqah is specifically defined as "an act of satisfying sexual desire between woman and woman by rubbing vagina with vagina between each other or any physical activity between woman and woman that would amount to sexual act as if it is made between a man and a woman".

Changing one's gender is also criminalised under Section 18 of the Enactment, which is punishable with maximum RM3,000 fine or maximum 2 years imprisonment, or both.

Male posing as female, or female posing as male, either in public or in a private place publicly visible or accessible, are also criminalised under Section 19 and 20 of the Enactment respectively, for which the punishment for both offences are up to RM3,000 fine or up to 2 years imprisonment, or both. Additionally, persons convicted for cross-dressing offences may also be subjected to community service, or "counselling" and "rehabilitation" session in a religious institution for not more than 6 months.

In February 2024, the Federal Court in a landmark decision in Nik Elin v. Kelantan ruled that Section 14 (which criminalised sodomy) and 16 other provisions of the Kelantan Enactment are invalid, null, and void, as they have violated the Constitution and the Kelantan State Legislative Assembly have impinged into the areas where only the federal Parliament have powers to make laws on.{{Cite journal |date=9 February 2024 |title=Nik Elin Zurina Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan |url=https://www.elaw.my/JE/01/JE_2024_8.pdf |journal=Malaysian Law Review (Appellate Courts) |volume=3 |pages=1-97 |via=eLaw.my}}{{Cite news |last=Lim |first=Ida |date=22 March 2024 |title=Simplified: Why the Federal Court ruled Kelantan’s 17 Shariah provisions invalid, and why one judge disagreed |url=https://www.malaymail.com/news/malaysia/2024/03/22/simplified-why-the-federal-court-ruled-kelantans-17-shariah-provisions-invalid-and-why-one-judge-disagreed/124811 |access-date=25 December 2024 |work=Malay Mail}}

Under Enakmen Kesalahan Syariah (Negeri Melaka) 1991 [En.6/1991], liwat or attempted liwat are criminalised under Section 56 and 57 of the Enactment, for which the punishment for both offences is up to RM5,000 fine, or up to 3 years imprisonment, or both. Musahaqah is also criminalised under Section 59, which is punishable with up to RM1,000 fine, or up to 6 months imprisonment, or both.{{Cite web |date=5 December 1991 |title=Enakmen Kesalahan Syariah (Negeri Melaka) 1991 |trans-title=Syariah Offences (State of Malacca) Enactment 1991 |url=https://fliphtml5.com/myaus/wmkj/7._ENAKMEN_KESALAHAN_SYARIAH_%28NEGERI_MELAKA%29_1991/ |access-date=25 December 2024 |website=FlipHTML5 |language=Malay}}

Under the Malacca Enactment, liwat is simply defined as "homosexual relations in between males", while musahaqah is simply defined as "lesbian relations in between females".

Additionally, Section 58 also criminalised "sexual intercourse against the order of nature" of any person with another man, woman, or animal, for which the punishment is up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof. As to what constitutes "sexual intercourse against the order of nature", it is not defined by the Enactment itself.

A male person posing as a female in a public place "without reasonable ground" is also criminalised under Section 72 of the Enactment and can be punished with maximum RM1,000 fine, or maximum 6 months imprisonment, or both. However, female cross-dressing as a male is not criminalised under the shariah law of Malacca.

Under the Syariah Criminal (Negeri Sembilan) Enactment 1992 [En.4/1992], liwat and musahakah are criminalised under Section 63 and 64 of the Enactment and are punishable with up to RM3,000 fine, or up to 2 years imprisonment, or both.{{Cite web |date=7 January 1993 |title=Enakmen Jenayah Syariah (Negeri Sembilan) 1992 |trans-title=Syariah Criminal (Negeri Sembilan) Enactment 1992 |url=http://library.jksm.gov.my/cgi-bin/koha/opac-retrieve-file.pl?id=443e2573caff773a42bece2ee1852ff9 |access-date=25 December 2024 |website=Jabatan Kehakiman Syariah Malaysia |language=Malay}}

In the Enactment, liwat is simply defined as "sexual relations between a man and a man", while musahakah is simply defined as "sexual relations between a woman and a woman".

Additionally, "sexual intercourse against the order of nature" by anyone with another man, woman, or animal is criminalised under Section 65 and can be punished with up to RM3,000 fine, or up to 2 years imprisonment, or both. The Negeri Sembilan Enactment did not define what constitutes as "sexual intercourse against the order of nature".

Man posing as a woman in public place, and since 2019, "for the purpose of any immoral act",{{Cite web |date=12 September 2019 |title=Syariah Criminal (Negeri Sembilan) (Amendment) Enactment 2019 |url=https://fliphtml5.com/myaus/doni/14._WARTA_KERAJAAN_%28_NEGERI_SEMBILAN%29_2019/14/ |access-date=25 December 2024 |website=FLIP HTML5}} is also punishable under Section 66 with up to RM3,000 fine, or up to 2 years imprisonment, or both.

In November 2014, the Court of Appeal in a judicial review filed by three Muslim men diagnosed with gender identity disorder ruled that Section 66 of the Negeri Sembilan Enactment is unconstitutional and invalid as it violates the fundamental liberties protected by the Federal Constitution.{{Cite news |date=7 November 2014 |title=Malaysia: Court Victory for Transgender Rights |url=https://www.hrw.org/news/2014/11/07/malaysia-court-victory-transgender-rights |access-date=25 December 2024 |work=Human Rights Watch}}{{Cite news |last=Gah Chie |first=Kow |date=7 November 2014 |title=Appeals Court recognises rights of transgenders |url=https://www.malaysiakini.com/news/279778 |url-access=subscription |access-date=25 December 2024 |work=MalaysiaKini}}{{Cite journal |last=Tamby |first=Najib |date=2 January 2015 |title=Muhamad Juzaili Mohd Khamis & Ors v. State Government Of Negeri Sembilan & Ors |url=https://www.cljlaw.com/others/files_jt/[2015]%20CLJ%20JT%20(2).pdf |journal=Current Law Journal |volume=1 |pages=954-978 |via=CLJ Prime}} However, this ruling was overturned by the Federal Court in 2015 on grounds of procedural errors.{{Cite journal |last=Kumar |first=Ashok |date=8 October 2015 |title=State Government of Negeri Sembilan & Ors v MuhammadJuzaili bin Mohd Khamis & Ors |url=https://globalfreedomofexpression.columbia.edu/wp-content/uploads/2015/03/State-Government-of-Negeri-Sembilan-Ors-v-Muhammad-Juzaili-bin-Mohd-Khamis-Ors.pdf |journal=Malayan Law Journal |volume=6 |pages=736-750 |via=Global Freedom of Expression}}{{Cite news |last=Mei Lin |first=Mayuri |date=8 October 2015 |title=Back to square one for transgenders as Federal Court overturns landmark ruling on Shariah law |url=https://www.malaymail.com/news/malaysia/2015/10/08/square-one-for-transgenders-as-federal-court-overturns-landmark-ruling-on-s/983803 |access-date=25 December 2024 |work=Malay Mail}}

In 2019, Section 66 was amended in concurrence with the spirit of 2014 Court of Appeal decision by adding the words "for the purpose of any immoral act" into Section 66, thereby restricting its application only to action that can be considered as "immoral act".{{Cite web |author=((G25)) |date=10 February 2024 |title=LETTER {{!}} Take apex court judgment on Nik Elin's case in right spirit |url=https://www.malaysiakini.com/letters/695894 |access-date=25 December 2024 |website=MalaysiaKini}} The 2019 amendment also added a new Section 66A which criminalised the act of a female posing as man in public "for immoral purpose", with the same punishment as Section 66.

Under the Syariah Criminal Offences Enactment 2013 [Enactment 11] in Pahang, the act of a man posing as a woman, or a woman posing as a man in public "for immoral purposes" are criminalised under Section 33 and 34 of the Enactment, where both offences are punishable with up to RM1,000 fine, or up to 1 year imprisonment, or both.{{Cite web |date=21 November 2013 |title=Syariah Criminal Offences Enactment 2013 |url=https://muip.gov.my/?r3d=enakmen-kesalahan-jenayah-syariah-2013 |access-date=25 December 2024 |website=Majlis Ugama Islam Dan Adat Resam Melayu Pahang}} Muslims convicted of cross-dressing may also, in replacement or in addition of their sentence, be ordered by the Islamic court to undergo "counselling" or "rehabilitation" under Section 66 for not more than 6 months.

Pahang is the only state in Malaysia that do not criminalise or punish homosexual intercourse under its shariah law.

Under the Syariah Criminal Offences (State of Penang) Enactment 1996 [En.3/1996], liwat and musahaqah are criminalised under Section 25 and 26 respectively, for which the punishment for both offences is maximum RM5,000 fine, maximum 3 years imprisonment, or maximum 6 strokes of whipping, or any combination thereof.{{Cite web |date=10 April 1997 |title=Enakmen Kesalahan Jenayah Syariah (Negeri Pulau Pinang) 1996 |trans-title=Syariah Criminal Offences (State of Penang) Enactment 1996 |url=https://jaipp.penang.gov.my/images/pdf/enakmen_kesalahan_jenayah_syariah_neg_p_pg_1996.pdf |access-date=25 December 2024 |website=Jabatan Agama Islam Pulau Pinang |language=Malay}}

Liwat is simply defined as "sexual relations between male persons", while musahaqah is simply defined as "sexual relations between female persons".

Male posing as a female in public "for immoral purposes" is also criminalised under Section 28 of the Enactment, with punishment of up to RM1,000 fine, or up to 1 year imprisonment, or both. However, female posing as male is not criminalised under the Enactment.

Under the Crimes (Syariah) Enactment 1992 [Pk. En.3/1992] in Perak, any female person who wilfully commits musahaqah can be punished under Section 53 of the Enactment with up to RM2,000 fine, or up to 1 year imprisonment, or both. Musahaqah is simply defined as "sexual relations between a woman and a woman".{{Cite web |date=18 February 1993 |title=Crimes (Syariah) Enactment 1992 |url=https://dewan.perak.gov.my/wp-content/uploads/2024/11/Pk.-En.-3-1992-Enakmen-Jenayah-Syariah-1992.pdf |access-date=25 December 2024 |website=Dewan Negeri Perak}}

A man posing as a woman in public for "immoral purposes" may also be punished under Section 55 of the Enactment with up to RM1,000 fine, or up to 6 months imprisonment, or both.

Liwat (sodomy) and the act of a female cross-dressing as male are not criminalised under the shariah law of Perak.

Under the Criminal Offences in the Syarak Enactment 1991 [En.4/1993] in Perlis, whoever wilfully commits liwat or musahaqah can be punished under Section 13 or 14 of the Enactment, with punishment of up to RM5,000 fine, or up to 3 years imprisonment, or both.{{Cite web |date=18 February 1993 |title=Enakmen Jenayah Dalam Syarak 1991 |trans-title=Criminal Offences in the Syarak Enactment 1991 |url=https://online.fliphtml5.com/myaus/zcrx/ |access-date=25 December 2024 |website=FLIP HTML5 |language=Malay}}

Liwat is specifically defined as "sexual intercourse between males or between a male and a female through the anus", while musahaqah is defined as "sexual intercourse between a woman and a woman".

A male posing as a female, or a female posing as a male, in a public place are both considered as "Pondan" (general term for queer or transgender in Malay) under Section 7 of the Enactment and can be punished with up to RM5,000 fine, or up to 3 years imprisonment, or both.

Under the Syariah Criminal Offences (Selangor) Enactment 1995 [En.9/1995], Section 27 of the Enactment criminalised "sexual relations between persons of the same gender", which is simply defined as "a sexual act with another person of the same gender", with punishment of up to RM2,000 fine, or up to 1 year imprisonment, or both.{{Cite web |date=18 January 1996 |title=Syariah Criminal Offences (Selangor) Enactment 1995 |url=https://www.mais.gov.my/wp-content/uploads/2020/11/Enakmen-Jenayah-Syariah-Negeri-Selangor-1995.pdf |access-date=25 December 2024 |website=Majlis Agama Islam Selangor}}

Alternatively, the now-invalid Section 28 also criminalised "sexual intercourse against the order of nature" by anyone with another man, woman, or animal, with punishment of up to RM5,000 fine, or up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof. The Selangor Enactment did not provide a definition as to what constitutes "sexual intercourse against the order of nature".

In February 2021, the Federal Court in Iki Putra Mubarrak v. Kerajaan Negeri Selangor & Anor ruled that Section 28 of the Selangor Enactment is unconstitutional, invalid, null and void, as it is similar in nature to Section 377A of the Penal Code and the Selangor State Legislative Assembly had encroached on and contravened the Parliament's legislative power over criminal law when it was enacting Section 28 of the Selangor Enactment.{{Cite journal |date=25 February 2021 |title=Iki Putra Mubarrak v. Kerajaan Negeri Selangor & Anor |url=https://www.elaw.my/JE/01/JE_2021_18.pdf |journal=Malaysian Law Review (Appellate Courts) |volume=3 |pages=384-424 |via=eLaw.my}}{{Cite news |last=Lim |first=Ida |date=25 February 2021 |title=Federal Court unanimously declares Selangor Shariah law criminalising ‘unnatural sex’ void, unconstitutional |url=https://www.malaymail.com/news/malaysia/2021/02/25/federal-court-unanimously-declares-selangor-shariah-law-criminalising-unnat/1952701 |access-date=25 December 2024 |work=Malay Mail}}

Section 30 of the Enactment also criminalised the act of a male person posing as a female in public "for immoral purposes", with penalty of up to RM1,000 fine, or up to 6 months imprisonment, or both. However, male posing as a female is not criminalised under the Enactment.

A female convicted under Section 27 or 28 may also, in replacement or in addition of her sentence, be ordered by the Islamic court to be committed to an approved home for up to 6 months under Section 54.

Under the Syariah Criminal Offences Enactment 1995 [En.3/1995] in Sabah, whoever wilfully commits musahaqah under Section 77 of the Enactment, may be punished with up to RM1,000 fine, or up to 6 months imprisonment, or both. Whoever wilfully commits liwat may also be punished under Section 82 with up to RM5,000 fine, or 3 years imprisonment, or both.{{Cite web |date=September 2024 |title=Syariah Criminal Offences Enactment 1995 |url=https://sagc.sabah.gov.my/?q=ms/content/syariah-criminal-offences-enactment-1995 |access-date=25 December 2024 |website=State Attorney-General's Chambers of Sabah}}

Under the Enactment, liwat is simply defined as "sexual intercourse between a man and a man" while musahaqah is simply defined as "sexual intercourse between a woman and a woman".

Section 76 of the Enactment also criminalised "sexual intercourse against the order of nature" by any person with another man, woman, or animal, with punishment of up to RM5,000 fine, or up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof. The Enactment did not define what is "sexual intercourse against the order of nature".

Male posing as a female, or female posing as a male, in any public place is criminalised under Section 92 with up to RM1,000 fine, or up to 6 months, or both. Section 92 of the Enactment do not contain the "for immoral purposes" criterion found in majority of other states' shariah law, which mean cross-dressing for whatever reason in Sabah is illegal as long as it is done in a public place.

Under the Syariah Criminal Offences Ordinance 2001 [Swk. Cap. 46/2001] in Sarawak, liwat and musahaqah are criminalised under Section 22 and 23 of the Ordinance respectively, and both are punishable with up to RM5,000 fine, or up to 3 years imprisonment, or up to 6 strokes or whipping, or any combination thereof.{{Cite web |date=30 June 2007 |title=Syariah Criminal Offences Ordinance, 2001 |url=https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.%2046%20LawNet%202024.pdf |access-date=25 December 2024 |website=Sarawak Lawnet}}

Under the Ordinance, liwat is simply defined as "sexual relations between men" while musahaqah is simply defined as "sexual relations between women".

Man posing as a woman in any public place "for immoral purposes" may also be punished under Section 25 of the Ordinance with up to RM1,000 fine, or up to 1 year imprisonment, or both. However, woman posing as man is not criminalised under the Ordinance.

A woman convicted of musahaqah may also, in replacement or in addition of her sentence, be ordered by the Islamic court to be committed to an approved home for up to 6 months under Section 53.

Under the Syariah Criminal Offences (Takzir) (Terengganu) Enactment 2001 [Tr. En.7/2001], musahaqah is criminalised under Section 30 of the Enactment and can be punished with up to RM5,000 fine, up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof. Musahaqah is simply defined as "sexual relations between female persons".{{Cite web |date=22 November 2001 |title=Syariah Criminal Offences (Takzir) (Terengganu) Enactment 2001 |url=https://fliphtml5.com/myaus/suvj/6._ENAKMEN_KESALAHAN_JENAYAH_SYARIAH_%28TAKZIR%29_%28Terengganu%29_2001/51/ |access-date=25 December 2024 |website=FLIP HTML5}}

In 2022, the Enactment was amended by the Terengganu State Legislative Assembly to create a new offence for "an act preparatory to Liwat", which is defined as "an act between a male and another male which leads to homosexual". The punishment for the new offence under Section 29A is up to RM5,000 fine, or up to 3 years imprisonment, or up to 6 strokes of whipping, or any combination thereof.{{Cite web |date=10 November 2022 |title=Syariah Criminal Offences (Takzir) (Terengganu) (Amendment) Enactment 2022 |url=https://database.ilga.org/api/downloader/download/1/MY-11%20-%20LEG%20-%20Terengganu%20Syariah%20Criminal%20Offences%20Enactment%20(2022)%20-%20OR(ms).pdf |access-date=25 December 2024 |website=ILGA World |pages=45-56}}{{Cite web |date=December 2022 |title=Analysis: Terengganu Syariah Criminal Offences Enactment |url=https://sistersinislam.org/wp-content/uploads/2022/12/Analysis-of-Terengganu-Syariah-Criminal-Offences-Enactment.pdf |access-date=25 December 2024 |website=Sister in Islam}}

The 2022 amendment also raised the punishment for watie, from maximum RM3,000 fine to RM5,000 fine; from maximum 2 years imprisonment to 3 years; and a maximum of 6 strokes of whipping was also added as a new possible punishment. The 2022 amendment also for the first time defines watie as "any sexual act that does not involved penetration into the qubul or dubur which does not include adultery or liwat or musahaqah", thereby broadly criminalises any form of consensual sex (such as non-penetrative sex) between any unwed person of any gender that does not fall within the definition for adultery, liwat, or musahaqah.

Male posing as female is also criminalised under Section 33 of the Enactment. Previously, a person will only be considered to have offended this section if he do so in a public place and "for immoral purposes". However, the 2022 amendment removed these two criteria and therefore making cross-dressing in any places, no matter in public or private, or for any purposes, illegal under Section 33. This is in contrary to the shariah law provisions that banned cross-dressing found in other states, which often limit its application to only when the act of cross-dressing is done in public and "for immoral purposes".

The 2022 amendment also increased the penalty for Section 33 from RM1,000 fine to between RM1,000 and RM3,000 fine, and from up to 1 years imprisonment to up to 2 years imprisonment. Reoffender will also now be punished with up to RM5,000 fine, and either up to 3 years imprisonment, or up to 6 strokes of whipping, or both.

Female posing as male is also criminalised under Section 33A with the introduction of the 2022 amendment, with punishment of up to RM1,000 fine, or up to 1 year imprisonment, or both. Reoffender will also be punished with up to RM5,000 fine, and either up to 3 years imprisonment, or up to 6 strokes of whipping, or both.

Anyone who was convicted of any offences mentioned above may also be ordered by the Islamic court, either in replacement or in addition to their sentence, to undergo "rehabilitation" for a period of up to 1 year. Before the 2022 amendment, this provision only applied to female and the "rehabilitation" period is only up to 6 months.

Based on the Adoption Act 1952 (Adoption Act) and the Registration of Adoption Act 1952 (ROAA), there is no restrictions for a single person to adopt regardless of sexual orientation or gender identity.{{cite news |url=https://hhq.com.my/news/adoption-process-in-malaysia-in-brief/#:~:text=The%20basic%20requirements%20for%20making,in%20the%20care%20of%20the|title=Adoption Process in Malaysia: In Brief |website=Halim Hong & Quek Advocates & Solicitors|language=en|access-date=30 June 2022}}

{{See also|Legal status of transgender people}}

Human Rights Watch reports that state-level Sharia (Islamic) laws prohibit cross-dressing, and transgender people "face arbitrary arrest, physical and sexual assault, imprisonment, discriminatory denial of health care and employment, and other abuses."

Transgender individuals have often been arrested by police officers under the civil laws governing "public indecency", and if they are Muslim, can be further charged by religious officers under Sharia Laws for "impersonating" women. A 2014 Human Rights Watch report alleged that transgender people are subjected to "assault, extortion, and violations of their privacy rights" by police, and humiliation, physical and sexual assault by Religious Department officials.{{cite web|url=https://www.hrw.org/news/2014/09/24/malaysia-transgender-people-under-threat|title=Malaysia: Transgender People Under Threat|date=25 Sep 2014|publisher=Human Rights Watch}}

In 1998, 45 Muslim transvestites were charged and convicted in court for dressing as women, and 23 more transgender persons faced similar fines and imprisonment in 1999.{{Cite web|url=https://planettransgender.com/malaysian-trans-people-leap-forward-with-the-first-political-appointee-and-the-my-trans-ally-project/|title=Malaysian Trans People Leap Forward With The First Political Appointee and The "My Trans Ally" Project|last=Busey|first=Kelli|date=2013-07-28|website=Planet Transgender|access-date=2020-01-02|archive-date=22 June 2019|archive-url=https://web.archive.org/web/20190622113332/https://planettransgender.com/malaysian-trans-people-leap-forward-with-the-first-political-appointee-and-the-my-trans-ally-project/|url-status=dead}}

It has been estimated that a large number of transgender persons are forced to work on the streets as commercial sex workers to earn a living.

In November 2014, three transgender women from the state of Negeri Sembilan arrested for cross-dressing via Sharia law successfully appealed for review of the judicial law at the Court of Appeal for appropriate clothing of people with gender dysphoria. Due to the lack of a mention of gender dysphoria and the lack of medical evidence for a state legal adviser's claim that transgender people were insane, the court unanimously declared the anti-cross-dressing Sharia law as void and violating the constitutional right of "freedom of expression, movement and the right to live in dignity and equality".{{cite web|url=https://www.malaysia-today.net/2014/11/11/negri-lost-transgender-case-over-failure-to-argue-medical-issue-says-court/|title=Negri lost transgender case over failure to argue medical issue, says court|date=11 November 2014|publisher=Malaysia Today}} On 8 October 2015, the Federal Court of Malaysia overturned the ruling on procedural grounds. The Court found that the three women should have obtained judicial permission of a Federal Court judge when they commenced their constitutional challenge. Although a High Court judge had granted permission in November 2011, the Federal Court ruled that it had done so erroneously.{{Cite web|url=https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights|title=Malaysia: Court Ruling Sets Back Transgender Rights|date=2015-10-08|website=Human Rights Watch|language=en|access-date=2020-01-02}}{{Cite web|url=https://www.buzzfeednews.com/article/maryanngeorgantopoulos/malaysian-court-dismisses-previous-ruling-that-sharia-law-wa|title=Malaysian Court Reverses Transgender Legal Victory|last=Georgantopoulos|first=Mary Ann|date=8 October 2015|website=BuzzFeed News|language=en|access-date=2020-01-02}}

In August 2016, the Kuala Lumpur High Court ordered the National Registration Department (NRD) to update a trans man’s information on his identity card to better reflect his gender identity and chosen name.{{Cite web |title=eLaw - TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA |url=https://www.elaw.my/LatestLaw.aspx?id=IWijDkofPbc2Ncp77m7+dg== |access-date=2024-04-12 |website=www.elaw.my}} The judge argued that "the plaintiff has a precious constitutional right to life under Article 5(1) of the Federal Constitution, and the concept of life under Article 5 must necessarily encompass the plaintiff’s right to live with dignity as a male and be legally accorded judicial recognition as a male."{{Cite web|url=https://justiceforsisters.files.wordpress.com/2016/08/hc-2016-nantha-balan-tan-vs-nrd.pdf|title=SAMAN PEMULA NO: 24NCVC-1306-08 /2015|website=justiceforsisters}}{{Cite web|url=https://76crimes.com/2016/08/30/good-news-from-malaysia-namibia-ukraine/|title=Good news from Malaysia, Namibia, Ukraine|date=2016-08-30|website=Erasing 76 Crimes|language=en-US|access-date=2020-01-02}} In 2017, this judgement was overturned on appeal.{{Cite web |last=JALIL |first=MELATI A. |date=2017-01-05 |title=NRD wins appeal bid to stop transgender from changing IC details |url=https://www.malaymail.com/news/malaysia/2017/01/05/nrd-wins-appeal-bid-to-stop-transgender-from-changing-ic-details/1286225 |access-date=2024-04-12 |website=Malay Mail |language=en}}

The Malaysian Communications and Multimedia Content Code 2022 section 6.1 (ii) defines "Hate speech," which is forbidden by Section 211 of the Communications and Multimedia Act.

Hate speech refers to any portrayal (words, speech, or pictures, etc.), which denigrates, defames, or otherwise devalues a person or group on the basis of race, ethnicity, religion, nationality, gender, sexual orientation, or disability and is prohibited. In particular: descriptions of any of these groups or their members involving the use of strong language, crude language, explicit sexual references, or obscene gestures, are considered hate speech.

Homosexuals and bisexuals are prohibited from donating blood by the National Blood Centre of Malaysia. This policy seems to be gender neutral, since it doesn't explicitly mention the gender that is prohibited from donating blood.{{cite web|url=http://pdn.gov.my/pdn/index.php?option=com_content&view=article&id=92%3Akriteria-penderma&catid=34%3Arandom-posts&Itemid=169&lang=en|access-date=12 July 2022|language=malay|title=Kriteria Penderma Darah|archive-url=https://web.archive.org/web/20160803170254/http://pdn.gov.my/pdn/index.php?option=com_content&view=article&id=92%3Akriteria-penderma&catid=34%3Arandom-posts&Itemid=169&lang=en|archive-date=3 August 2016|url-status=dead}}

A 2013 Pew Research Center opinion survey showed that only 9% of the Malaysian population believe homosexuality should be accepted by society, while 86% believe it should not.{{Cite web|url=https://www.pewresearch.org/global/2013/06/04/the-global-divide-on-homosexuality/|title=The Global Divide on Homosexuality|date=2013-06-04|website=Pew Research Center|language=en-US|access-date=2020-01-02}} Malaysia was one of the countries in Asia polled with the least acceptance of homosexuality.

A poll by Pew Research Center released in September 2023 found that support for same-sex marriage in Malaysia has risen to 17%. 59% of Buddhists, 35% of Christians and 49% of Hindus support same-sex marriage.{{Cite web |last=Lim |first=Ida |date=2023-09-12 |title=Pew survey: Eight in 10 Malaysians oppose same-sex marriage, local Buddhists most supportive |url=https://www.malaymail.com/news/malaysia/2023/09/12/pew-survey-eight-in-10-malaysians-oppose-same-sex-marriage-local-buddhists-most-supportive/90352 |access-date=2023-12-23 |website=Malay Mail |language=en}}

There is no legal protection for LGBTQ individuals. A few MPs from the previous ruling coalition, Pakatan Harapan, have voiced support for LGBTQ rights, as has Marina Mahathir the daughter of former prime minister Mahathir Mohamad who called for an end to discrimination based on sexual orientations in 1998 and 1999.{{Cite web|url=http://news.bbc.co.uk/2/hi/asia-pacific/199468.stm|title=PM's daughter slams Malaysian anti-gay group|date=1998-10-23|website=BBC News|access-date=2014-01-07}} Parti Sosialis Malaysia is the only political party to openly support and defend the rights of LGBTQ people alongside other minority rights. A contrasting political force is the "People's Anti-Homosexual Voluntary Movement", created in 1998 to lobby for stricter criminal laws against homosexuality. It is a member of the former ruling party United Malays National Organisation (UMNO).{{cite web|url=http://www.glapn.org/sodomylaws/world/malaysia/mynews001.htm |title=Sodomylaws.Org |publisher=Sodomylaws.Org |access-date=8 February 2012}}

In 2011, Seksualiti Merdeka (Independent Sexuality), an annual sexuality rights event, was centered around the theme of “Queer without Fear”. Publicity for the event featured videos of several Malaysian citizens proclaiming their queer identity, calling for the equality of LGBTQ rights. After publicizing the event, the Royal Malaysia Police released a statement banning the event, based on the premises of risking disturbance of public order and impeding on religious freedom.{{cite news|title=Seksualiti Merdeka movement festival banned|url=https://www.thestar.com.my/news/nation/2011/11/03/seksualiti-merdeka-movement-festival-banned/|access-date=22 November 2018|agency=The Star|date=22 November 2018}} In 2014, Section 27 A(1)(C) of the Police Act, which was used to ban the event, was superseded by the Peaceful Assembly Act 2012 (PAA). This resulted in the ban on the event being lifted.{{cite news|title=Seksualiti Merdeka organisers hope to outlast prejudicial law|url=https://www.malaymail.com/s/513297/seksualiti-merdeka-organisers-hope-to-outlast-prejudicial-law|access-date=22 November 2018|agency=Malay Mail|date=22 November 2018}}

In April 2015, Nisha Ayub, a transgender woman and activist, aided three Muslim trans women in challenging the Sharia legislation outlawing males cross-dressing as females in the state of Negeri Sembilan through the JFS organisation. While the case was won in the Court of Appeal, the Federal Court later repealed the decision in October 2015.{{cite news|title=Transgender activist Nisha Ayub to receive international human rights accolade|url=https://www.malaymail.com/s/949789/transgender-activist-nisha-ayub-to-receive-international-human-rights-accol|access-date=22 November 2018|agency=Malay Mail|date=22 November 2018}}{{cite news|title=Malaysia court upholds ban on cross dressing by transgender Muslims|url=https://www.reuters.com/article/us-malaysia-verdict-crossdressing-idUSKCN0S21CE20151008|access-date=22 November 2018|work=Reuters|date=22 November 2018}}

In March 2019, Minister of Tourism, Arts and Culture Mohammadin Ketapi denied the existence of LGBTQ people in Malaysia, telling German reporters in the 2019 ITB Berlin tourism trade fair: "I don't think we have anything like that in our country." However, he later posted a statement on Twitter saying that his statement referred to the non-existence of specific LGBTQ-focused tourist campaigns in the country.{{Cite web|url=https://www.cnn.com/2019/03/07/asia/malaysia-tourism-minister-gay-denial-intl/index.html|title=There are no gay people in Malaysia says tourism minister|last=McKirdy|first=Euan|date=7 March 2019|website=CNN|access-date=2019-03-08}} When a Women's Day march was held in Kuala Lumpur on the same month, it was condemned by government officials and the political parties of United Malays National Organisation (UMNO) and Malaysian Islamic Party (PAS) as the march involved LGBTQ rights among its demands.{{Cite web|url=https://www.malaymail.com/news/malaysia/2019/03/09/mujahid-shocked-womens-day-march-was-used-to-promote-lgbt/1730905|title=Mujahid shocked Women's Day march was used to promote LGBT|last=Lim|first=Ida|date=9 March 2019|website=Malay Mail|language=en|access-date=2020-01-02}}{{Cite web|url=https://www.nst.com.my/news/nation/2019/03/467792/uproar-malaysia-over-lgbt-groups-womens-day-march|title=Uproar in Malaysia over LGBT groups at Women's Day march|date=2019-03-10|website=New Straits Times|language=en|access-date=2020-01-02}}

In April 2019, Malaysian authorities were accused for intimidating gay rights activist Numan Afifi by questioning him in the police station about a speech he made in the United Nations Human Rights Council (UNHRC) in Geneva in March 2019. The speech pointed out that Malaysia rejected the recommendations of a coalition of twelve Malaysian LGBTQ organizations on gender identity and sexual orientation.{{Cite web|url=https://www.thestar.com.my/news/nation/2019/04/16/activist-numan-afifi-investigated-over-lgbt-speech-at-united-nations/|title=Activist Numan Afifi investigated over LGBT speech at United Nations - Nation {{!}} The Star Online|last=Chu|first=Mei Mei|date=16 April 2019|website=The Star Online|access-date=2019-05-15}}

In May 2019, George Clooney warned Malaysia and Indonesia against legislating a law allowing them to impose death penalty for homosexuality, as Brunei has legislated. The response of the Deputy Foreign Minister, Marzuki Yahya pointed out that Malaysia does not kill gay people, and will not resort to killing sexual minorities. He also said that though such lifestyles deviate from Islam, the government would not impose such a punishment on the group.{{Cite web|url=https://www.malaymail.com/news/malaysia/2019/05/14/lgbt-against-islam-but-we-dont-kill-gay-people-deputy-minister-tells-george/1752892|title=LGBT culture against Islamic principles but Malaysia doesn't kill gays, deputy minister tells George Clooney {{!}} Malay Mail|last=Palansamy|first=Yiswaree|date=14 May 2019|website=Malay Mail|language=en|access-date=2019-05-15}}

In May 2020, a man filed a challenge in the Federal Court against Islamic laws banning "intercourse against the order of nature" in the state of Selangor.{{Cite web|title=Malaysia's Islamic laws banning gay sex challenged in court for first time|url=https://www.scmp.com/news/asia/southeast-asia/article/3086378/malaysias-islamic-laws-banning-gay-sex-challenged-court|date=2020-05-27|website=South China Morning Post|language=en|access-date=2020-05-27}} On 25 February 2021, the Federal Court unanimously declared that the Selangor state law provision which made unnatural sex a Sharia offence was invalid as it contradicted the Federal Constitution and that such offences fall under Parliament's jurisdiction. The summary of the judgement was read out by Chief Justice, Tengku Maimun Tuan Mat.{{cite news |last1=Lim |first1=Ida |title=Federal Court unanimously declares Selangor Shariah law criminalising 'unnatural sex' void, unconstitutional |url=https://www.malaymail.com/news/malaysia/2021/02/25/federal-court-unanimously-declares-selangor-shariah-law-criminalising-unnat/1952701 |access-date=26 February 2021 |work=Malay Mail |date=25 February 2021}}

In 2001, in his previous term as Prime Minister Mahathir Mohamad stated that the country will deport any visiting foreign cabinet ministers or diplomats who are gay.{{cite web|url=http://www.glapn.org/sodomylaws/world/malaysia/mynews054.htm|title=Malaysia Won't Welcome Gay Officials|date=2 November 2001|website=GLAPN|access-date=8 February 2012}} Mahathir also warned gay ministers in foreign countries not to bring along their partners while visiting the nation.{{cite news| url=http://news.bbc.co.uk/1/hi/uk_politics/1632012.stm | work=BBC News | title=Gay ministers barred, Malaysia tells UK | date=1 November 2001 | access-date=7 May 2010}} Mahathir's daughter, Marina Mahathir, however has called for an end to discrimination based on sexual orientation.{{cite news| url=http://news.bbc.co.uk/1/hi/world/asia-pacific/199468.stm | work=BBC News | title=PM's daughter slams Malaysian anti-gay group | date=23 October 1998 | access-date=7 May 2010}}

During a lecture to students in a university in Bangkok, Thailand, in October 2018, Prime Minister Mahathir Mohamad stated that Malaysia would not "copy" Western nations' approach towards LGBTQ rights, indicating that these countries were exhibiting a disregard for the institutions of the traditional family and marriage, as the value system in Malaysia is good.{{Cite web|url=https://www.scmp.com/news/asia/southeast-asia/article/2170274/mahathir-mohamad-claims-lgbt-rights-are-western-values-will|title=Mahathir claims LGBT rights are 'Western values' not fit for Malaysia|date=2018-10-26|website=South China Morning Post|language=en|access-date=2019-05-15}} In June 2019, he reiterated his stance, speaking at the Cambridge Union, he said that Malaysia cannot accept same-sex marriage or LGBTQ rights, saying “I don’t understand gay marriage. In Malaysia there are some things we cannot accept, even though it is seen as human rights in Western countries,” adding that same-sex marriage is a “regressive way of thinking” and that marriage was about having children and he claimed that the institution of marriage has almost been discarded.{{Cite web|url=https://mothership.sg/2019/06/mahathir-cambridge-university-gay-marriage-lazy-malay/|title=Mahathir says no to gay marriage, admits he sometimes agrees with lazy Malay stereotype|last=Ang|first=Matthias|date=18 June 2019|website=Mothership|language=en-US|access-date=2020-01-02}}{{Cite web|url=https://mustsharenews.com/same-sex-marriage-mahathir/|title=Same-Sex Marriage Is "Regressive", Says Dr Mahathir At Cambridge Talk|last=Choi|first=Tze Chun|date=2019-06-17|website=Must Share News|language=en-US|access-date=2020-01-02}}

{{main|Anwar Ibrahim sodomy trials}}

In 1998, Anwar Ibrahim was charged with corruption and sodomy. In 2000, he was sentenced to nine years for engaging in sodomy with his 19-year-old male chauffeur and his former male speech writer. Despite national and international protests, he was not released until he had served out four years of his sentence, until 2004, when the Federal Court of Malaysia acquitted him of all charges.{{cite web|url=http://www.glapn.org/sodomylaws/world/malaysia/mynews063.htm|title=Malaysia's Anwar Ibrahim Set Free|date=2 September 2004|publisher=GLAPN|access-date=8 February 2012}}

After his release, Anwar stated that he was innocent and the allegations were part of a government conspiracy to end his political career. He also felt that the national criminal laws against homosexuality ought to be reformed to protect consenting adults' rights to have a private life, although he also stated that same-sex marriage "is going a bit too far".{{cite web|url=http://www.glapn.org/sodomylaws/world/malaysia/mynews068.htm|title=Anwar Seeks Privacy Provision in Malaysia Gay Laws|date=11 November 2004|website=GLAPN|access-date=8 February 2012}}

In 2007, former Prime Minister Mahathir Mohamad responded to a civil lawsuit filed by Anwar by stating that a homosexual should not hold public office in Malaysia and that he knew Anwar was a homosexual because Anwar's male chauffeur and a male speech writer both stated in court that they had had sexual relations with Anwar.{{cite web|url=https://www.advocate.com/news/2007/01/09/former-pm-says-gays-should-not-rule-mostly-muslim-malaysia|title=Former PM says gays should not rule mostly Muslim Malaysia|date=9 January 2007|website=Advocate.com|url-status=live|archive-url=https://web.archive.org/web/20070111075957/http://www.advocate.com/news_detail_ektid40937.asp|archive-date=11 January 2007|access-date=8 April 2017|quote=we cannot have a prime minister who is homosexual}}

In July 2008, Anwar was arrested again, accused of sodomy with a male former aide. The arrest came shortly after Anwar claimed to be in a position to challenge the governing coalition after the opposition's successes in the March elections.{{cite news| url=http://news.bbc.co.uk/2/hi/asia-pacific/7508805.stm | work=BBC News | title=Malaysia's Anwar Ibrahim arrested | date=16 July 2008 | access-date=7 May 2010}} However, he was released on bail and won the campaign for his former seat in Parliament.

In the beginning of 2015, Anwar was again arrested and sentenced to five years in prison.{{Cite news|url=https://www.bbc.com/news/world-asia-26479642|title=Malaysia jails Anwar Ibrahim for five years for sodomy|date=2014-03-07|work=BBC News|access-date=2020-01-02|language=en-GB}}

On 16 May 2018, Malaysia's former king, Sultan Muhammad V, officially pardoned Anwar after meeting with members of the pardons board and Prime Minister Mahathir Mohamad. The full royal pardon was made on the basis of a "miscarriage of justice".{{Cite news|url=https://www.businessinsider.my/malaysias-anwar-ibrahim-pardoned-and-released-from-jail-2018-5/?r=US&IR=T|title=Malaysia's jailed leader-in-waiting has been released from custody and given a full royal pardon|date=16 May 2018|work=Business Insider Malaysia|access-date=18 May 2018|archive-date=11 June 2019|archive-url=https://web.archive.org/web/20190611045423/https://www.businessinsider.my/malaysias-anwar-ibrahim-pardoned-and-released-from-jail-2018-5/?r=US&IR=T|url-status=dead}}

Ex-Malaysian Prime Minister Najib Razak made clear in a speech in August 2015 at an international Islamic moderation seminar in Selangor, that he believed Malaysia should not support LGBTQ rights. Najib stated that his administration will do its best to uphold human rights but only within the confines of Islam and that Malaysia cannot defend the more "extreme aspect of human rights", such as gay, lesbian and transsexual rights. This prompted Human Rights Watch to suggest that Malaysia withdraw from the United Nations if the government was not serious about upholding human rights for all.{{cite web|url=http://www.themalaymailonline.com/malaysia/article/quit-un-if-not-keen-to-defend-human-rights-for-all-watchdog-tells-putrajaya|title=Quit UN if not keen to defend human rights for all, watchdog tells Putrajaya|last=Ging|first=Yap Tzu|date=18 August 2016|publisher=Malaymail Online|access-date=24 August 2015}}

File:KLLGBTCentre0.jpg, an LGBTQ centre in Malaysia]]

Malaysia does not have a national organisation committed to LGBTQ rights. Instead, a loose coalition of non-governmental organisations, artists, and individuals organise the annual sexuality rights festival Seksualiti Merdeka. Seksualiti Merdeka, meaning "Independent Sexuality", is an annual festival consisting of talks, performances, screenings, workshops, and forums to promote sexuality rights as a human right, to empower marginalised individuals and communities, and to create platforms for advocacy. Besides organising the programmes of this annual festival, members of this coalition are also involved in letter-writing campaigns, organising regular film screenings and discussions, academic advocacy and training of trainers. However, the Government has attempted to prevent these events from happening since 2011.

The groups involved in Seksualiti Merdeka have also on their own advocated for the rights of LGBTQ within the framework of human rights advocacy. These include established human rights organisations such as the Human Rights Committee of the Malaysian Bar, SUARAM, PT Foundation, KRYSS, Women's Candidacy Initiative, Persatuan Kesedaran Komuniti Selangor (EMPOWER), Purple Lab, Matahari Books, and The Annexe Gallery.

Several other groups such as Sisters in Islam, Women's Aid Organisation, and Amnesty International also have dealt with sexual orientation issues within their public health advocacy. The focus on AIDS-HIV education has allowed for more public discussion of sexual orientation, gender identity and human rights. PT Foundation, originally called Pink Triangle, focuses on "providing HIV/AIDS education, prevention, care and support programs, sexuality awareness and empowerment programs for vulnerable communities in Malaysia". The communities include MSM (men who have sex with men), transgender, sex workers, drug users, and people living with HIV. They are joined by other organisations, such as LPG (for gay men) and OutDo (for lesbians), which organise regular activities for their target communities.

File:MajlisAIDSMalaysia.jpg]]

{{main|HIV/AIDS in Malaysia}}

While not solely a problem for LGBTQ people, the public health response to AIDS-HIV has required greater public discussion of topics such as human sexuality, gender roles, and sexual orientation.

Since the first official case of AIDS appeared in the nation in 1985, the government has been under more pressure to promote education and prevention campaigns as some experts have suggested that the number of Malaysians infected with HIV could go as high as 300,000 by the year 2015.{{cite web|url=http://www.iht.com/articles/ap/2007/02/11/asia/AS-MED-Malaysia-HIV.php|title=HIV infections in Malaysia could surge to 300,000 by 2015, official warns|date=29 March 2009|publisher=International Herald Tribune|url-status=dead|archive-url=https://web.archive.org/web/20110518224427/http://www.iht.com/articles/ap/2007/02/11/asia/AS%2DMED%2DMalaysia%2DHIV.php|archive-date=2011-05-18|access-date=8 February 2012}}{{Cite news|url=https://www.nytimes.com/2007/05/21/world/asia/21iht-malaysia.1.5803212.html|title=Malaysian says government cannot openly advocate condom use to fight AIDS|date=2007-05-21|work=The New York Times|access-date=2020-01-02|language=en-US|issn=0362-4331}}

In 2006, the Government launched a new comprehensive public campaign that includes therapy and needle exchange programs for drug addicts and free medications provided at government clinics. However, in 2007, Malaysia's Ministry of Health was banned from advocating the use of condoms to prevent the spread of the disease due to a concern that such a campaign would be equated with a governmental endorsement of sexual conduct outside of a legal marriage.{{cite web |url=http://www.globalhealthreporting.org/article.asp?DR_ID=45068 |title=HIV/AIDS | Malaysia Health Ministry Cannot Promote Condom Use To Prevent Spread of HIV, Official Says – |publisher=Globalhealthreporting.org |access-date=8 February 2012 |url-status=dead |archive-url=https://web.archive.org/web/20071223150007/http://www.globalhealthreporting.org/article.asp?DR_ID=45068 |archive-date=23 December 2007 |df=dmy-all }}

{{clear}}

{{Portal|LGBTQ|Malaysia}}

• Human rights in Malaysia
• LGBTQ rights in Asia
• Seksualiti Merdeka
• Asmara Songsang
• PT Foundation

{{notelist-lr}}

{{Reflist|colwidth=30em}}

• "[https://web.archive.org/web/20160304061239/http://www.themalaysianinsider.com/sideviews/article/advancing-lgbt-rights-in-malaysia-jackson-yee-cs Advancing LGBT rights in Malaysia – Jackson Yee CS]" (opinion). The Malaysian Insider. 20 May 2014.

• [http://www.ptfmalaysia.org Pink Triangle Foundation us]
• [http://queermalaysians.livejournal.com/ queermalaysians]
• [https://www.equaldex.com/region/malaysia Equalidex listing]

{{Criminalization of homosexuality}}

{{Malaysia topics}}

{{Asia in topic|LGBTQ rights in}}

{{DEFAULTSORT:LGBTQ Rights In Malaysia}}

Category:Political movements in Malaysia

Category:Human rights in Malaysia

Category:Persecution of LGBTQ people in Asia