Is upholding the law a low point now?
From Safwan Fital
I am writing in response to a recent letter to the editor where the writer, a lawyer, claimed that campaigning against LGBT (lesbian, gay, bisexual and transgender) practices is a crime.
I was shocked to read this, especially coming from someone trained in law.
A basic search, even through tools like ChatGPT, will confirm that same-sex relations are unlawful in Malaysia under the Penal Code, specifically Section 377A which declares anal and oral sex to be 'carnal intercourse against the order of nature' while Section 377B sets out a penalty of imprisonment for a term which may extend to 20 years, and also with whipping.
Since the signboard referenced in the article is in Terengganu, it is also appropriate to refer to the state's shariah law. The Terengganu Syariah Criminal Offences Enactment 2001, specifically Section 30 (Musahaqah), criminalises lesbian acts.
These are valid and enforceable laws for Muslims in the state.
The writer described the anti-LGBT sentiment as a 'new low,' particularly in a Muslim-majority state. However, it is worth noting that Malaysian law, both civil and shariah, explicitly prohibits such acts.
It is, therefore, deeply concerning that a lawyer would make statements in apparent contradiction to the law. Is upholding the law now considered a 'low point'?
From a religious standpoint, Islam is clear. The Quran recounts how the people of Prophet Lut were condemned for engaging in same-sex acts. This is a well-known narrative that forms the basis of Islamic moral law. As Muslims, we are obliged to adhere to these teachings.
If the writer is implying that divine law is flawed, then that itself borders on insulting religion.
Furthermore, a report published two months ago quoted health minister Dzulkefly Ahmad as saying 64% of HIV cases in 2024 involved homosexual and bisexual individuals.
This is not a minor issue. The cost of treating such diseases is high, ultimately borne by taxpayers. Can we truly afford to ignore the broader implications?
Sadly, I've observed that many people are quick to criticise laws perceived as 'Islamic', forgetting the long-term benefits and protections these laws can provide.
We have yet to effectively curb drunk driving and its resulting fatalities. How many more lives must be lost before we acknowledge the value of stricter laws? We also continue to struggle with gambling-related problems. How many more families must be broken before serious action is taken?
The laws against LGBT practices must be upheld. They must be supported by all Malaysians, not just Muslims, as part of our collective responsibility to uphold national law.
The writer of the original letter should also learn to respect the shariah laws of different states. These laws reflect the will and rights of the people of those states, and the rights of Muslims as protected under the Federal Constitution.
Safwan Fital is an FMT reader who also 'reads' law.
The views expressed are those of the writer and do not necessarily reflect those of FMT.
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