Anti-LGBTI laws: Malaysia

Malaysia's location in Asia.
Malaysia’s location in Asia.

Malaysian law currently provides for whipping and up to a 20-year prison sentence for homosexual acts involving either men or women.

According to the 2011 report on laws about homosexuality worldwide from the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Malaysian law on homosexual activity is codified in Section 377 of its Penal Code:

Penal Code (Consolidated version 1998) 187

Unnatural Offences
Section 377A. Carnal intercourse against the order of nature.
“Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. … Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.”

Section 377B. Punishment for committing carnal intercourse against the order of nature.
“Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.”

Section 377C. Committing carnal intercourse against the order of nature without consent, etc.
“Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.”

Section 377D. Outrages on decency.
“Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.”

Sharia law

The 2017 report states further:

Several states in Malaysia have instated Islamic Sharia laws, applying to male and female Muslims, criminalising male/male and female/female sexual acts with up to three years imprisonment and whipping.

The Sharia Penal law in the Malaysian state of Pulau Pinang confers penalties for sodomy [Liwat] and lesbian relations [Musahaqat] with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All these penalties can be combined.

 

View Comments (7)
  • Everyone running for high office should be required to state if they believe Sharia law can or should coexist, side by side with US law.

    Ask your representatives:

    What are their views on Sharia Law?

    What do they think about the following statements:

    The West Will Tolerate Itself To Death.

    Why Do We Tolerate Violence Against Women?

    We need a bigger effort against:

    1) Female genital mutilation
    2) Punishing rape victims
    3) Honor killing
    4) Strapping bombs to children
    5) Sexually enslaving women
    6) Murdering homosexuals
    7) Child marriage
    8) Domestic Violence
    9) Disciplining or Punishing Wives

  • what is The Sharia Penal law in the Malaysian state of Syriah

    what do you mean by “in the Malaysian STATE of SYRIAH ?

    • Hi, Natasha —

      That section about Malaysia looks wrong. I agree. I replaced it with a similar, but apparently error-free quotation from ILGA’s 2017 edition of State-Sponsored Homophobia:

      Several states in Malaysia have instated Islamic Sharia laws, applying to male and female Muslims, criminalising male/male and female/female sexual acts with up to three years imprisonment and whipping.

      The Sharia Penal law in the Malaysian state of Pulau Pinang confers penalties for sodomy [Liwat] and lesbian relations [Musahaqat] with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All these penalties can be combined.

      Thanks.

      Colin Stewart, editor/publisher of this blog

  • I think we are going too far with all this.

    Basic issues like drugs which is prevalent among youths especially male youth.

    Helmets not worn in residential areas.

    Mindset transformation of certain demographic of youth. No amount of assistance from the government will help this except they themselves. The more the government assist in financial terms, the more the weath gap will be.

    This doesnt mean that i condone same sex marriage but we cant go aound imprisoning them. Its a mental state of mind … So does this mean you can be jailed for being mentally ill?

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