When Kelantan recorded its first prosecution involving an individual who had undergone gender reassignment under the Syariah Criminal Code (I) Enactment 2019, questions arose regarding the individual’s status after serving the sentence, should they be found guilty.
This is because a person who undergoes gender reassignment surgery involving the genitalia cannot reverse or return to their original condition.
The Syariah Criminal Code (I) Enactment 2019, gazetted in 2020, provides that upon conviction, the individual may be fined up to RM3,000, imprisoned for a term not exceeding two years, or both.
This means that the offender would be fully released upon completing the sentence and would remain under post-transition conditions.
Concerns were also raised, including the possibility that this may further encourage others to take similar steps, as they may not feel overly deterred by the existing penalties.
Kelantan Deputy Menteri Besar Fadzli Hassan, when asked about the matter, explained that there are limitations to punishment for such cases.
He said this is because the syariah courts lack the power to impose punishments beyond what has been prescribed.
“For such cases, punishment can only be imposed once; we cannot punish twice for the same offence.
“Say we impose the maximum sentence (two years’ imprisonment), once the sentence has been carried out, we cannot take any further action; it is up to the individual,” he told Malaysiakini when met at a Hari Raya open house at his residence in Machang, last Tuesday.
Last month, Malaysiakini reported that Kelantan had become the first state to record a prosecution for gender reassignment under the Syariah Criminal Code (I) Enactment 2019.
It was the first prosecution since the law was gazetted in 2020.
The prosecution took place at the Syariah Court in Kota Bharu in mid-January, involving an individual suspected of being transgender.
Serious offence
Fadzli, who is also the Temangan assemblyperson, also expressed hope that individuals who have undergone gender reassignment would recognise that the act is regarded as a serious offence in Islam.
“We hope that these individuals realise that it is contrary to natural disposition, contrary to human nature, and very much against the religion.
“So we advise them to repent. What has been done cannot be undone; it cannot be reversed (to the original gender).
“We therefore hope they repent, and we also appeal to society to accept their presence and to continue offering guidance. That is our shared hope,” he said. - Mkini
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