- Homosexuality
- ⚢✖ Illegal (imprisonment as punishment)
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✖ Imprisonment as punishment
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Don't Ask, Don't Tell
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
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Homosexual activity in Kelantan is illegal (imprisonment as punishment).
Current status
Since May 5, 1989
Illegal (imprisonment as punishment) under federal Malaysia law
Under Section 377 of Malaysia's Penal Code, ‘carnal knowledge against the order of nature’ is punishable by up to 20 years in prison with whipping. A subsection of the law also criminalises ‘gross indecency with another person’ with up to two years in prison. This was extended to include women in 1989.
In addition, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
In addition, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Illegal (imprisonment as punishment)
In 1985, Kelantan passed its Sharia Criminal Code, which extended criminalisation of homosexuality to include lesbianism. This would be the first criminalisation of lesbianism in Malaysia.
Same-sex marriage in Kelantan is unrecognized.
Current status
Unrecognized under federal Malaysia law
There is no legal recognition provided to same-sex couples in Malaysia. However, there is also no explicit definition in its marriage law banning same-sex marriage either.
Right to change legal gender in Kelantan is illegal.
Current status
Since Jan 5, 2017
Illegal under federal Malaysia law
The government (National Registration Department (NRD)) won an appeal allowing them not to allow for the changing of a person's identity on various forms of identification.
Legal, but requires surgery under federal Malaysia law
In Malaysia, there have been different court decisions about legal gender
recognition applications, with inconsistent results. In addition, fatwas
(religious edicts or opinions) on transgender persons issued by the Fatwa
Council carry weight in public opinion and government policies,
influencing the outcomes of these cases.
The most progressive case on the matter was JG v Pengarah Jabatan
Pendaftaran Negara (High Court of Kuala Lumpur) “JG”. The court
followed the Australian case of Re Kevin and rejected the Corbett view of
sex as immutably fixed at birth. In the absence of legislative guidance,
the court held that medical experts should determine gender, and with
both physical and psychological aspects examined by doctors, the court
found that the applicant was female and allowed to change the last
number on her Identity Card (marking her as female).
However, the reasoning in Re JG is not always found instructive in other
courts hearing legal gender recognition cases. The court did so on the ground that there was no medical evidence from
Malaysian experts on whether gender affirming surgery “changes a
person’s gender”.
In 2016, another High Court level case allowed a transgender man legal
gender recognition after evidence of surgeries, finding the court’s
standard of proof in Re Kristie Chan, which insisted on chromosomal
requirements, to be “impossible” and “unjust”.
recognition applications, with inconsistent results. In addition, fatwas
(religious edicts or opinions) on transgender persons issued by the Fatwa
Council carry weight in public opinion and government policies,
influencing the outcomes of these cases.
The most progressive case on the matter was JG v Pengarah Jabatan
Pendaftaran Negara (High Court of Kuala Lumpur) “JG”. The court
followed the Australian case of Re Kevin and rejected the Corbett view of
sex as immutably fixed at birth. In the absence of legislative guidance,
the court held that medical experts should determine gender, and with
both physical and psychological aspects examined by doctors, the court
found that the applicant was female and allowed to change the last
number on her Identity Card (marking her as female).
However, the reasoning in Re JG is not always found instructive in other
courts hearing legal gender recognition cases. The court did so on the ground that there was no medical evidence from
Malaysian experts on whether gender affirming surgery “changes a
person’s gender”.
In 2016, another High Court level case allowed a transgender man legal
gender recognition after evidence of surgeries, finding the court’s
standard of proof in Re Kristie Chan, which insisted on chromosomal
requirements, to be “impossible” and “unjust”.
Illegal under federal Malaysia law
A 2014 HRW report found that while there is no law in Malaysia that prohibits explicitly legal gender recognition most people find it virtually impossible.
Until Jan 1, 1983
Legal, but requires surgery under federal Malaysia law
Before 1983, it was possible for trans people to change their legal gender after receiving surgery.
If medical opinion states that the individual is their
desired gender, courts should comply and legally recognise
the desired gender. (High Court in Re JG)
If medical opinion states that the individual is their
desired gender, courts should comply and legally recognise
the desired gender. (High Court in Re JG)
Gender-affirming care in Kelantan is restricted.
Current status
Since Apr 14, 1982
Restricted under federal Malaysia law
In 1982, the National Fatwa Council issued a fatwa prohibiting sex reassignment surgery. Although, the fatwa is not legally binding and only applies to Muslims, in practice, this has led to a significant reduction of surgery options for transgender Malaysians, often resorting to go to Thailand to receive such treatment. Hormone therapy, however, remains unbanned.
Legal recognition of non-binary gender in Kelantan is not legally recognized.
Current status
Not legally recognized under federal Malaysia law
Malaysia does not legally recognize a third gender.
LGBT discrimination in Kelantan is no protections.
Current status
No protections under federal Malaysia law
In Malaysia, neither sexual orientation nor gender identity is a protected class from discrimination.
LGBT employment discrimination in Kelantan is no protections.
Current status
No protections under federal Malaysia law
In Malaysia, neither sexual orientation nor gender identity is a protected class from discrimination in employment.
LGBT housing discrimination in Kelantan is no protections.
Current status
No protections under federal Malaysia law
In Malaysia, neither sexual orientation nor gender identity is a protected class from discrimination in housing.
Same-sex adoption in Kelantan is single only.
Current status
Since 1826
Single only under federal Malaysia law
Date reflects beginning of British colonization of Malaysia. Homosexuality is illegal in Malaysia.
Intersex infant surgery in Kelantan is not banned.
Current status
Not banned under federal Malaysia law
Malaysia does not prohibit “normalization” surgeries performed on intersex infants.
Serving openly in military in Kelantan is don't ask, don't tell.
Current status
Don't Ask, Don't Tell under federal Malaysia law
Although there is no explicitly banning LGBTIQ+ people from serving in the military of Malaysia, the criminalisation of homosexuality and transgender identity inhibit them from serving openly. Additionally, the Armed Forces Act of 1972 penalises “indecent acts” which could in practice be used against LGBTIQ+ personnel.
Blood donations by MSMs in Kelantan is banned (indefinite deferral).
Current status
Banned (indefinite deferral) under federal Malaysia law
Donating Blood for same sex partners is banned in Malaysia (indefinite deferral).
Conversion therapy in Kelantan is not banned.
Current status
Not banned under federal Malaysia law
Conversion therapy is openly sanctioned by the Malaysian government and remains widespread.
Equal age of consent in Kelantan is n/a.
Current status
Since May 5, 1989
N/A under federal Malaysia law
Homosexuality is illegal in Malaysia , therefore there's no age of consent for homosexuals.
Legal Rights
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Kelantan LGBT Organizations
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