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| Meta Description | Malaysia criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of twenty years’ imprisonment and whipping., Malaysia criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. |
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Last updated:
16 December 2025
Types of criminalisation
Summary
Law and Legal Developments
Enforcement
Discrimination and Violence
Disclaimer
Criminalises LGBT people
Criminalises sexual activity between males
Criminalises sexual activity between females
Criminalises the gender expression of trans people
Summary
Same-sex intimacy is prohibited under the Federal Penal Code 1936, which criminalises acts of “carnal knowledge against the order of nature” (sodomy) and “outrages on decency” (gross indecency). These provisions carry a maximum penalty of twenty years’ imprisonment with whipping. Both men and women are criminalised under the Penal Code. Although the law does not expressly criminalise transgender people, the offence of “outrages on decency” can be used to target them.
Same-sex intimacy has also been criminalised by state enacted Sharia laws. Such laws only apply to individuals who profess the religion of Islam. Transgender people are also often criminalised under Sharia law enactments, which prohibit, for example, “cross-dressing” or “males posing as females” (and vice versa).
Malaysia’s Federal Court has recently ruled unconstitutional criminalising provisions in Sharia criminal code enactments in the states of Selangor and Kelantan. This was on the basis that the state legislature did not have the power to adopt them, as the primary power to legislate criminal law lies with Parliament. This principle has wider application to state enacted Sharia criminal provisions.
There is evidence of the law being enforced in recent years. Since the 2018 election a crackdown on the LGBT community has been underway, with several reports of arrest, prosecution, and the imposition of corporal punishment. A high-profile case saw a prominent transgender woman flee the country in 2021 following threats of arrest against her based upon her gender identity.
There have been consistent reports of discrimination and violence against LGBT people in recent years, with transgender people being particularly vulnerable to physical and verbal abuse.
Law and Legal Developments
2024
In February, the Federal Court
declared unconstitutional
various sections of the Kelantan Sharia Criminal Code (I) Enactment 2019, including the provision criminalising “sodomy” and other sexual offences that proscribed “sexual intercourse against the order of nature”. The basis of the challenge was that the state legislature did not have the power to enact the challenged provisions. The court held that the offences could apply equally to non-Muslims and Muslims. As such, they were not “religious” offences that the state has power to legislate on and their enactment was accordingly unconstitutional.
2023
In September, the Court of Appeal
restored a ban
on the book
Gay is OK!: A Christian Perspective
, which had been quashed by the High Court in a 2022 judgment. The book, authored by Malaysian writer Ngeo Boon Lin, was originally banned by the Home Ministry on the grounds of preserving public order, morality and public interest. The Court of Appeal agreed with the government, stating that freedom of expression may be restricted if necessary for reasons such as public order or morality.
2021
In January, the Deputy Minister in the Prime Minister’s Department (Religious Affairs), Ahmad Marzuk Shaary,
suggested
that stricter penalties could be imposed on LGBT people, arguing that the current punishments are not harsh enough. The Minister stated that he believed it is necessary to amend the Syariah Courts (Criminal Jurisdiction) Act 1965, which limits the sentences the Sharia courts can impose, to empower them to impose stricter punishments. The Deputy Minister further noted that all state religious enforcement agencies have been instructed to take against LGBT people who don’t “behave accordingly”.
In February, a gay man won a
landmark court challenge
following his arrest and prosecution under section 28 of the Syariah Criminal Offences Enactment 1995 in the state of Selangor, which criminalised “sexual intercourse against the order of nature”. The Federal Court ruled that the state did not have the power to enact the law, holding that the primary power to legislate criminal law lays with Parliament.
This is historic. This is monumental for LGBT+ rights in Malaysia. We want to live in dignity without fear of prosecution. Of course Section 377 is still there – it’s not the end but this is a beginning.
Numan Afifi, Pelangi Campaign, 2021
Numan Afifi, Pelangi Campaign, 2021
In June, a government taskforce
proposed
amendments to Sharia law that would allow action to be taken against social media users for insulting Islam and “promoting the LGBT lifestyle”. The proposal was in response to social media posts celebrating pride month.
2014
In November, Malaysia’s Court of Appeal declared a Sharia law provision in the state of Negeri Sembilan, which criminalised “cross-dressing”, as
unconstitutional
. The Court found that section 66 of the Syariah Criminal Enactment 1992 (Negeri Sembilan) breached various rights as guaranteed by the Malaysian Federal Constitution.
However, this landmark decision was overturned by the Federal Court in 2015 on a technicality, citing improper procedures used to challenge the enactment and without considering the substance of the constitutional challenge. In July 2020, the Federal Court dismissed the claimants’ application to appeal, also on procedural grounds.
Criminal Provisions
Penal Code 1936, Section 377A/377B Unnatural Offences
Sections 377A and 377B prohibit “carnal intercourse against the order of nature” with a penalty of up to twenty years imprisonment and whipping.
Penal Code 1936, Section 377D Outrages on Decency
Section 377D criminalises acts of “gross indecency” with a penalty of up to two years imprisonment.
Sexual Offence Law Assessment
We’ve also assessed Malaysia’s sexual offence laws against international human rights standards. Not only does Malaysia criminalise same-sex sexual activity and expression of gender identity, it also fails to properly protect other vulnerable groups, such as women and children, from sexual offences.
Find out more
Enforcement
2025
According to local news reports three men were arrested in Melaka in July by the Melaka Islamic Religious Department (Jaim) and the police, for engaging in same-sex intimacy. The
report
claims three men were being investigated under Section 56 (sodomy), Section 57 (attempted sodomy) and Section 58 (unnatural sex) under the Syariah Offences (Melaka State) Enactment 1991.
Those detained in Kuala Lumpur were denied access to food, water, medical treatment and were detained for more than 40 hours. Despite their remand applications being dismissed by the Magistrate after the arrest, the police did not allow for the release of the detainees without a bailor.
A further media report from 29 November, claims a similar raid was carried out where
13 individuals were arrested in Perai, Penang state
, where the police alleged violations of Section 377B of the penal code.
2023
In November, local media
reported
that the Johor government announced plans to establish conversion therapy centres to “rehabilitate” LGBT people, and stated that these would be fully operational by July 2024. The Malaysian Queer advocacy group, Justice for Sisters likened these plans to
torture
, and raised concerns about the potential violation of human rights as guaranteed by Malaysia’s Federal Constitution.
2022
In October, Islamic religious police
raided
a Queer Halloween party in Kuala Lumpur, arresting at least 20 LGBT individuals for “cross-dressing” and “encouraging vice”. Officials report that the arrests were made under
the Syariah Criminal Offences (Federal Territories) Act 1997
. Reports suggested that 40 religious officers entered the venue, which held approximately 1,000 participants. Following the raid, Assistant Police Commissioner Noor Dellhan Yahaya
vowed
to “step up operations and inspections on clubs”.
2021
In February, the Minister for Islamic Affairs
called for action
to be taken against a prominent transgender entrepreneur, who posted pictures of herself in women’s clothing at a religious event. After she failed to appear in court, Selangor state issued a warrant for her arrest and announced that it was deploying 122 religious affairs officers to detain her. The woman was later revealed to have
fled
to Thailand where she was granted asylum, despite Malaysian authorities seeking her extradition. Malaysian authorities
insisted
efforts to return her to Malaysia were not intended to “punish”, but rather to “educate” her.
2019
The US Department of State Country
Report
on Human Rights Practices noted that in November, the Selangor state Sharia court sentenced five men to six to seven months’ imprisonment, six strokes of the cane, and a fine for “attempting to have intercourse against the order of nature”. One of the accused challenged the power to do so, resulting in the Federal Court invalidating the state Sharia enactment that criminalised same-sex sexual intimacy (see Law and Legal Developments, above).
2018
In May, then opposition leader and current Prime Minister Anwar Ibrahim was
released
from detention after receiving a royal pardon for same-sex sexual conduct, a charge he denied and one viewed internationally as politically motivated. Ibrahim had been in prison since 2015.
Following the new government coming into power in May, a
serious crackdown
on the LGBT community began, and reports of arrests and assaults of LGBT people increased. In August, an LGBT venue was raided and twenty men were arrested. In the same week, a Sharia court in Terengganu state ordered a lesbian couple to be caned, after they were found having sex in a car. This was the first time in years that such a punishment had been handed down.
2015
In June, a Sharia court in the state of Kelantan
convicted
nine transgender women under section 7 of the Sharia Criminal Code 1985 which prohibited “a male person posing as a woman”. All of the women received fines, and two were sentenced to jail terms of two months.
Discrimination and Violence
2023
The Malaysian Prime Minister Anwar Ibrahim
stated
that his government would never recognise LGBT rights. It has been suggested that Ibrahim is under pressure from Islamic groups and the opposition bloc to adopt a strict interpretation of Sharia law. Others have suggested that this stance stems from a desire to remove doubts surrounding Ibrahim’s own sexuality. Justice for Sisters stated that these comments encourage discrimination and violence against LGBT people.
In May, the Malaysian government
confiscated
rainbow-coloured watches produced by Swiss watchmaker Swatch during raids, due to fear of “
promoting
” LGBT .
According to multiple press reports in July, the concert of British pop band ‘The 1975’ was halted mid-performance by ‘officials’ after its lead singer, Matty Healy, kissed his fellow band mate on stage after making critical comments about the Malaysian government’s position on same-sex intimacy. The story was widely covered in the international, regional and local press. According to this
news report
, the three-day Good Vibes Music Festival in Kuala Lumpur, at which they were performing, was cut short and the band were banned from performing again in Malaysia.
2022
A
report
released by Human Rights Watch and Justice for Sisters examined how government-funded conversion practices contributes to the discrimination and violence faced by LGBT people in Malaysia. State religious “retreats” known as
mukhayyam
are targeted at Muslim LGBT people to “cure” them of their sexuality.
According to the 2022 US Department of State Country Report on Human Rights Practices, at least 1733 persons had attended these “rehabilitation programmes” as of
June 2021
. These reports have consistently reported discrimination faced by LGBT people in employment, housing, and access to services on the basis of their sexuality. They have also consistently found that imprisoned transgender women serve their sentences in male prisons.
2018
According to the 2018 US Department of State Country Report on Human Rights Practices, a survey by a local transgender group
found
that more than two-thirds of transgender women experienced some form of physical or emotional abuse.
[The Government will] take proactive measures to curb the growing lesbian, gay, bisexual, transgender issues, and help them to return to the right path and lead a normal life.
Mujahid Yusof Rawa, Minister for Religious Affairs, 2018
2015
In September, Nisha Ayub, a prominent and internationally recognised transgender rights activist, was
assaulted
in by two men with iron rods by her house.
2013
In February, an estimated 16,000 parents and teachers attended a seminar on how to curb LGBT behaviour that took place in Politeknik Seberang Prai. After opening the seminar, Malaysia’s then Deputy Education Minister
told
a press conference: “[homosexuality] is like a disease but it can be cured with early intervention.”
References
1. Penal Code 1936, Section 377A/377B Unnatural Offences
“377A. 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. Explanation – Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.
377B. 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.
377C. Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent [……] 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.”
Full text
.
2. Penal Code 1936, Section 377D Outrages on Decency
“377D. 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.”
Full text
.
a LGBTQ organization based in Kuala Lumpur, Malaysia. Our work focuses on LGBTQ mental health, as well as research and knowledge building.
a grassroots campaign organised by concerned members of the public to raise public awareness regarding violence, persecution and discrimination against the Mak Nyah (male-to-female transsexual) community in Malaysia.
a social support group for gay, bisexual and queer Malay/Muslim men.
a human rights organisation that promotes and defends non-discriminatory access to justice for LGBTQI+ persons in Malaysia.
Myanmar criminalises same-sex sexual activity between men. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of ten years’ imprisonment.
Two provinces of Indonesia criminalise same-sex sexual activity between men and between women. The gender expression of trans people is criminalised under the federal law. Sentences include a maximum penalty of eight years’ imprisonment and 100 lashes.
Brunei criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of death by stoning.
Disclaimer
The country profiles on the Human Dignity Trust’s website are developed through a combination of in-house expertise and research, including monitoring media reports; sourcing reports from partners and stakeholders; and reviewing reports from governments and other human rights organisations.
We go to great lengths to ensure that, to the best of our knowledge, the information provided on our website is correct and up to date. If you believe that any information on our website is inaccurate, you may bring this to our attention by e-mailing
[email protected]
.
Information on this website is provided for general use only and should not be relied on as a definitive position on the law as it applies at any given time. No liability can be accepted for any use of the information in this website and/or links from it.
Over 60 countries still criminalise LGBT people. Together, we can bring this number down. A donation today will help continue our vital support for LGBT people and governments seeking to change laws around the world.
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# Malaysia
Malaysia criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of twenty years’ imprisonment with whipping. There is evidence of the law being enforced in recent years, and LGBT people are regularly subjected to discrimination and violence.
Last updated: 16 December 2025
- [Types of criminalisation](https://www.humandignitytrust.org/country-profile/malaysia/#section-crim-types)
- [Summary](https://www.humandignitytrust.org/country-profile/malaysia/#summary)
- [Law and Legal Developments](https://www.humandignitytrust.org/country-profile/malaysia/#law-and-legal-developments)
- [Enforcement](https://www.humandignitytrust.org/country-profile/malaysia/#enforcement)
- [Discrimination and Violence](https://www.humandignitytrust.org/country-profile/malaysia/#discrimination-and-violence)
- [Disclaimer](https://www.humandignitytrust.org/country-profile/malaysia/#disclaimer)
## Types of criminalisation
- Criminalises LGBT people
- Criminalises sexual activity between males
- Criminalises sexual activity between females
- Criminalises the gender expression of trans people
Summary
Same-sex intimacy is prohibited under the Federal Penal Code 1936, which criminalises acts of “carnal knowledge against the order of nature” (sodomy) and “outrages on decency” (gross indecency). These provisions carry a maximum penalty of twenty years’ imprisonment with whipping. Both men and women are criminalised under the Penal Code. Although the law does not expressly criminalise transgender people, the offence of “outrages on decency” can be used to target them.
Same-sex intimacy has also been criminalised by state enacted Sharia laws. Such laws only apply to individuals who profess the religion of Islam. Transgender people are also often criminalised under Sharia law enactments, which prohibit, for example, “cross-dressing” or “males posing as females” (and vice versa).
Malaysia’s Federal Court has recently ruled unconstitutional criminalising provisions in Sharia criminal code enactments in the states of Selangor and Kelantan. This was on the basis that the state legislature did not have the power to adopt them, as the primary power to legislate criminal law lies with Parliament. This principle has wider application to state enacted Sharia criminal provisions.
There is evidence of the law being enforced in recent years. Since the 2018 election a crackdown on the LGBT community has been underway, with several reports of arrest, prosecution, and the imposition of corporal punishment. A high-profile case saw a prominent transgender woman flee the country in 2021 following threats of arrest against her based upon her gender identity.
There have been consistent reports of discrimination and violence against LGBT people in recent years, with transgender people being particularly vulnerable to physical and verbal abuse.
Law and Legal Developments
#### **2024**
In February, the Federal Court [declared unconstitutional](https://www.reuters.com/world/asia-pacific/malaysias-top-court-declares-16-islamic-laws-kelantan-state-unconstitutional-2024-02-09/) various sections of the Kelantan Sharia Criminal Code (I) Enactment 2019, including the provision criminalising “sodomy” and other sexual offences that proscribed “sexual intercourse against the order of nature”. The basis of the challenge was that the state legislature did not have the power to enact the challenged provisions. The court held that the offences could apply equally to non-Muslims and Muslims. As such, they were not “religious” offences that the state has power to legislate on and their enactment was accordingly unconstitutional.
#### **2023**
In September, the Court of Appeal [restored a ban](https://www.malaymail.com/news/malaysia/2023/09/25/in-2-1-decision-court-of-appeal-restores-home-ministrys-ban-on-gay-is-ok-book/92737) on the book *Gay is OK!: A Christian Perspective*, which had been quashed by the High Court in a 2022 judgment. The book, authored by Malaysian writer Ngeo Boon Lin, was originally banned by the Home Ministry on the grounds of preserving public order, morality and public interest. The Court of Appeal agreed with the government, stating that freedom of expression may be restricted if necessary for reasons such as public order or morality.
#### **2021**
In January, the Deputy Minister in the Prime Minister’s Department (Religious Affairs), Ahmad Marzuk Shaary, [suggested](https://www.malaymail.com/news/malaysia/2021/01/19/putrajaya-could-amend-act-355-to-introduce-heavier-punishments-against-lgbt/1941893#.YAaNoGGjlAQ.twitter) that stricter penalties could be imposed on LGBT people, arguing that the current punishments are not harsh enough. The Minister stated that he believed it is necessary to amend the Syariah Courts (Criminal Jurisdiction) Act 1965, which limits the sentences the Sharia courts can impose, to empower them to impose stricter punishments. The Deputy Minister further noted that all state religious enforcement agencies have been instructed to take against LGBT people who don’t “behave accordingly”.
In February, a gay man won a [landmark court challenge](https://www.reuters.com/article/malaysia-lgbt-rights/malaysian-man-wins-landmark-challenge-against-muslim-gay-sex-ban-idUSL8N2KV0PD) following his arrest and prosecution under section 28 of the Syariah Criminal Offences Enactment 1995 in the state of Selangor, which criminalised “sexual intercourse against the order of nature”. The Federal Court ruled that the state did not have the power to enact the law, holding that the primary power to legislate criminal law lays with Parliament.
> This is historic. This is monumental for LGBT+ rights in Malaysia. We want to live in dignity without fear of prosecution. Of course Section 377 is still there – it’s not the end but this is a beginning.
Numan Afifi, Pelangi Campaign, 2021
[Numan Afifi, Pelangi Campaign, 2021](https://www.reuters.com/article/malaysia-lgbt-rights/malaysian-man-wins-landmark-challenge-against-muslim-gay-sex-ban-idUSL8N2KV0PD)
In June, a government taskforce [proposed](https://www.reuters.com/world/asia-pacific/malaysia-seeks-stricter-sharia-laws-promoting-lgbt-lifestyle-2021-06-24/) amendments to Sharia law that would allow action to be taken against social media users for insulting Islam and “promoting the LGBT lifestyle”. The proposal was in response to social media posts celebrating pride month.
#### **2014**
In November, Malaysia’s Court of Appeal declared a Sharia law provision in the state of Negeri Sembilan, which criminalised “cross-dressing”, as [unconstitutional](https://www.refworld.org/jurisprudence/caselaw/mysca/2014/en/102377). The Court found that section 66 of the Syariah Criminal Enactment 1992 (Negeri Sembilan) breached various rights as guaranteed by the Malaysian Federal Constitution.
However, this landmark decision was overturned by the Federal Court in 2015 on a technicality, citing improper procedures used to challenge the enactment and without considering the substance of the constitutional challenge. In July 2020, the Federal Court dismissed the claimants’ application to appeal, also on procedural grounds.
Criminal Provisions
Penal Code 1936, Section 377A/377B Unnatural Offences
Sections 377A and 377B prohibit “carnal intercourse against the order of nature” with a penalty of up to twenty years imprisonment and whipping.
Penal Code 1936, Section 377D Outrages on Decency
Section 377D criminalises acts of “gross indecency” with a penalty of up to two years imprisonment.
##
Sexual Offence Law Assessment
We’ve also assessed Malaysia’s sexual offence laws against international human rights standards. Not only does Malaysia criminalise same-sex sexual activity and expression of gender identity, it also fails to properly protect other vulnerable groups, such as women and children, from sexual offences.
[Find out more](https://www.humandignitytrust.org/reform/countries/malaysia)
Enforcement
#### 2025
According to local news reports three men were arrested in Melaka in July by the Melaka Islamic Religious Department (Jaim) and the police, for engaging in same-sex intimacy. The [report](https://www.nst.com.my/news/nation/2025/08/1254152/3-men-arrested-alleged-same-sex-group-sexual-activity) claims three men were being investigated under Section 56 (sodomy), Section 57 (attempted sodomy) and Section 58 (unnatural sex) under the Syariah Offences (Melaka State) Enactment 1991.
According to news reports, on 28 November, [over 200 individuals were arrested](https://www.scmp.com/news/asia/southeast-asia/article/3334605/malaysia-raids-men-only-wellness-centre-surgeon-and-prosecutor-among-201-arrested "https://www.scmp.com/news/asia/southeast-asia/article/3334605/malaysia-raids-men-only-wellness-centre-surgeon-and-prosecutor-among-201-arrested") [in Kuala Lumpur](https://www.scmp.com/news/asia/southeast-asia/article/3334605/malaysia-raids-men-only-wellness-centre-surgeon-and-prosecutor-among-201-arrested "https://www.scmp.com/news/asia/southeast-asia/article/3334605/malaysia-raids-men-only-wellness-centre-surgeon-and-prosecutor-among-201-arrested") in an all-male health centre during a joint enforcement operation by the Kuala Lumpur police, Kuala Lumpur City Hall and the Federal Territories Islamic Religious Department (Jawi) on the premise that [“immoral activities were taking place on the premises.”](https://www.scmp.com/news/asia/southeast-asia/article/3334605/malaysia-raids-men-only-wellness-centre-surgeon-and-prosecutor-among-201-arrested "https://www.scmp.com/news/asia/southeast-asia/article/3334605/malaysia-raids-men-only-wellness-centre-surgeon-and-prosecutor-among-201-arrested")
Individuals are being investigated under section 377B of the penal code that criminalise ‘carnal intercourse against the order of nature.’ The [Federal Territories Islamic Religious Department (Jawi)](https://www.malaymail.com/news/malaysia/2025/12/02/deputy-ministers-officer-told-to-step-down-following-chow-kit-arrest/200455 "https://www.malaymail.com/news/malaysia/2025/12/02/deputy-ministers-officer-told-to-step-down-following-chow-kit-arrest/200455") [continues to investigate the case](https://www.malaymail.com/news/malaysia/2025/12/02/deputy-ministers-officer-told-to-step-down-following-chow-kit-arrest/200455 "https://www.malaymail.com/news/malaysia/2025/12/02/deputy-ministers-officer-told-to-step-down-following-chow-kit-arrest/200455") under Section 25 of the Syariah Criminal Offences (Federal Territories) Act 1997 for sodomy, and Section 47 for attempted offences under the Act.
Those detained in Kuala Lumpur were denied access to food, water, medical treatment and were detained for more than 40 hours. Despite their remand applications being dismissed by the Magistrate after the arrest, the police did not allow for the release of the detainees without a bailor.
A further media report from 29 November, claims a similar raid was carried out where [13 individuals were arrested in Perai, Penang state](https://www.thestar.com.my/news/nation/2025/11/30/13-caught-for-unnatural-sex-prostitution-in-penang "https://www.thestar.com.my/news/nation/2025/11/30/13-caught-for-unnatural-sex-prostitution-in-penang"), where the police alleged violations of Section 377B of the penal code.
#### **2023**
In November, local media [reported](https://www.malaymail.com/news/malaysia/2023/11/29/malaysias-first-islamic-rehab-centre-for-those-in-same-sex-relationships-to-open-in-johor-next-july-says-state-exco/104841) that the Johor government announced plans to establish conversion therapy centres to “rehabilitate” LGBT people, and stated that these would be fully operational by July 2024. The Malaysian Queer advocacy group, Justice for Sisters likened these plans to [torture](https://www.malaymail.com/news/malaysia/2023/11/30/justice-for-sisters-johor-rehab-centre-for-lgbt-akin-to-torture/105063), and raised concerns about the potential violation of human rights as guaranteed by Malaysia’s Federal Constitution.
#### **2022**
In October, Islamic religious police [raided](https://www.telegraphindia.com/world/malaysia-religious-police-raid-lgbt-halloween-party/cid/1895129) a Queer Halloween party in Kuala Lumpur, arresting at least 20 LGBT individuals for “cross-dressing” and “encouraging vice”. Officials report that the arrests were made under [the Syariah Criminal Offences (Federal Territories) Act 1997](http://www.commonlii.org/my/legis/consol_act/scota1997420/). Reports suggested that 40 religious officers entered the venue, which held approximately 1,000 participants. Following the raid, Assistant Police Commissioner Noor Dellhan Yahaya [vowed](https://www.thestar.com.my/news/nation/2022/10/30/jawi-has-detained-20-men-for-dressing-in-drag-say-kl-cops) to “step up operations and inspections on clubs”.
#### **2021**
In February, the Minister for Islamic Affairs [called for action](https://www.bbc.co.uk/news/world-asia-59286774) to be taken against a prominent transgender entrepreneur, who posted pictures of herself in women’s clothing at a religious event. After she failed to appear in court, Selangor state issued a warrant for her arrest and announced that it was deploying 122 religious affairs officers to detain her. The woman was later revealed to have [fled](https://www.bbc.co.uk/news/world-asia-59286774) to Thailand where she was granted asylum, despite Malaysian authorities seeking her extradition. Malaysian authorities [insisted](https://www.hrw.org/report/2022/08/10/i-dont-want-change-myself/anti-lgbt-conversion-practices-discrimination-and) efforts to return her to Malaysia were not intended to “punish”, but rather to “educate” her.
#### **2019**
The US Department of State Country [Report](https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/malaysia/) on Human Rights Practices noted that in November, the Selangor state Sharia court sentenced five men to six to seven months’ imprisonment, six strokes of the cane, and a fine for “attempting to have intercourse against the order of nature”. One of the accused challenged the power to do so, resulting in the Federal Court invalidating the state Sharia enactment that criminalised same-sex sexual intimacy (see Law and Legal Developments, above).
#### **2018**
In May, then opposition leader and current Prime Minister Anwar Ibrahim was [released](https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/malaysia/) from detention after receiving a royal pardon for same-sex sexual conduct, a charge he denied and one viewed internationally as politically motivated. Ibrahim had been in prison since 2015.
Following the new government coming into power in May, a [serious crackdown](https://www.theguardian.com/world/2018/aug/22/malaysia-accused-of-state-sponsored-homophobia-after-lgbt-crackdown) on the LGBT community began, and reports of arrests and assaults of LGBT people increased. In August, an LGBT venue was raided and twenty men were arrested. In the same week, a Sharia court in Terengganu state ordered a lesbian couple to be caned, after they were found having sex in a car. This was the first time in years that such a punishment had been handed down.
#### **2015**
In June, a Sharia court in the state of Kelantan [convicted](https://www.hrw.org/news/2015/06/22/malaysia-court-convicts-9-transgender-women) nine transgender women under section 7 of the Sharia Criminal Code 1985 which prohibited “a male person posing as a woman”. All of the women received fines, and two were sentenced to jail terms of two months.
Discrimination and Violence
#### **2023**
The Malaysian Prime Minister Anwar Ibrahim [stated](https://www.reuters.com/world/asia-pacific/lgbtq-fears-grow-malaysia-islamists-shatter-reform-hopes-2023-08-21/) that his government would never recognise LGBT rights. It has been suggested that Ibrahim is under pressure from Islamic groups and the opposition bloc to adopt a strict interpretation of Sharia law. Others have suggested that this stance stems from a desire to remove doubts surrounding Ibrahim’s own sexuality. Justice for Sisters stated that these comments encourage discrimination and violence against LGBT people.
In May, the Malaysian government [confiscated](https://www.reuters.com/world/asia-pacific/rainbow-swatch-watches-confiscated-malaysia-company-2023-05-24/) rainbow-coloured watches produced by Swiss watchmaker Swatch during raids, due to fear of “[promoting](https://www.reuters.com/business/retail-consumer/swiss-watchmaker-swatch-sues-malaysia-seizure-pride-watches-2023-07-17/)” LGBT .
According to multiple press reports in July, the concert of British pop band ‘The 1975’ was halted mid-performance by ‘officials’ after its lead singer, Matty Healy, kissed his fellow band mate on stage after making critical comments about the Malaysian government’s position on same-sex intimacy. The story was widely covered in the international, regional and local press. According to this [news report](https://www.theguardian.com/world/2023/jul/22/malaysia-festival-halted-matty-healy-1975-criticises-anti-lgbtq-laws), the three-day Good Vibes Music Festival in Kuala Lumpur, at which they were performing, was cut short and the band were banned from performing again in Malaysia.
#### **2022**
A [report](https://www.hrw.org/report/2022/08/10/i-dont-want-change-myself/anti-lgbt-conversion-practices-discrimination-and) released by Human Rights Watch and Justice for Sisters examined how government-funded conversion practices contributes to the discrimination and violence faced by LGBT people in Malaysia. State religious “retreats” known as *mukhayyam* are targeted at Muslim LGBT people to “cure” them of their sexuality.
According to the 2022 US Department of State Country Report on Human Rights Practices, at least 1733 persons had attended these “rehabilitation programmes” as of [June 2021](https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/malaysia/). These reports have consistently reported discrimination faced by LGBT people in employment, housing, and access to services on the basis of their sexuality. They have also consistently found that imprisoned transgender women serve their sentences in male prisons.
#### **2018**
According to the 2018 US Department of State Country Report on Human Rights Practices, a survey by a local transgender group [found](https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/malaysia/) that more than two-thirds of transgender women experienced some form of physical or emotional abuse.
> \[The Government will\] take proactive measures to curb the growing lesbian, gay, bisexual, transgender issues, and help them to return to the right path and lead a normal life.
[Mujahid Yusof Rawa, Minister for Religious Affairs, 2018](https://www.theguardian.com/world/2018/aug/22/malaysia-accused-of-state-sponsored-homophobia-after-lgbt-crackdown)
#### **2015**
In September, Nisha Ayub, a prominent and internationally recognised transgender rights activist, was [assaulted](https://www.malaymail.com/news/malaysia/2015/09/15/battered-and-bruised-award-winning-transgender-activist-fears-assault-compl/970323) in by two men with iron rods by her house.
#### **2013**
In February, an estimated 16,000 parents and teachers attended a seminar on how to curb LGBT behaviour that took place in Politeknik Seberang Prai. After opening the seminar, Malaysia’s then Deputy Education Minister [told](http://www.thestar.com.my/News/Nation/2013/02/01/16000-attend-seminars-on-how-to-curb-LGBT/) a press conference: “\[homosexuality\] is like a disease but it can be cured with early intervention.”
References
1\. Penal Code 1936, Section 377A/377B Unnatural Offences
“377A. 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. Explanation – Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section. 377B. 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. 377C. Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent \[……\] 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.” [Full text](https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/61339/117909/F1085941047/MYS61339%202015.pdf).
2\. Penal Code 1936, Section 377D Outrages on Decency
“377D. 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.” [Full text](https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/61339/117909/F1085941047/MYS61339%202015.pdf).
## Local Organisations
### [PLUHO](https://pluho.org/)
a LGBTQ organization based in Kuala Lumpur, Malaysia. Our work focuses on LGBTQ mental health, as well as research and knowledge building.
### [Justice for Sisters](https://justiceforsisters.org/en/)
a grassroots campaign organised by concerned members of the public to raise public awareness regarding violence, persecution and discrimination against the Mak Nyah (male-to-female transsexual) community in Malaysia.
### [Jejaka](https://www.facebook.com/JejakaSGR)
a social support group for gay, bisexual and queer Malay/Muslim men.
### [Legal Dignity](https://legaldignity.org/)
a human rights organisation that promotes and defends non-discriminatory access to justice for LGBTQI+ persons in Malaysia.
## Related Countries
### [Myanmar](https://www.humandignitytrust.org/country-profile/myanmar/)
Myanmar criminalises same-sex sexual activity between men. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of ten years’ imprisonment.
### [Indonesia](https://www.humandignitytrust.org/country-profile/indonesia/)
Two provinces of Indonesia criminalise same-sex sexual activity between men and between women. The gender expression of trans people is criminalised under the federal law. Sentences include a maximum penalty of eight years’ imprisonment and 100 lashes.
### [Brunei](https://www.humandignitytrust.org/country-profile/brunei/)
Brunei criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of death by stoning.
Disclaimer
The country profiles on the Human Dignity Trust’s website are developed through a combination of in-house expertise and research, including monitoring media reports; sourcing reports from partners and stakeholders; and reviewing reports from governments and other human rights organisations.
We go to great lengths to ensure that, to the best of our knowledge, the information provided on our website is correct and up to date. If you believe that any information on our website is inaccurate, you may bring this to our attention by e-mailing [\[email protected\]](https://www.humandignitytrust.org/cdn-cgi/l/email-protection#0263666f6b6c6b71767063766d70426a776f636c666b656c6b767b76707771762c6d7065).
Information on this website is provided for general use only and should not be relied on as a definitive position on the law as it applies at any given time. No liability can be accepted for any use of the information in this website and/or links from it.
## Support our Work
Over 60 countries still criminalise LGBT people. Together, we can bring this number down. A donation today will help continue our vital support for LGBT people and governments seeking to change laws around the world.
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## Further Information
[](https://www.humandignitytrust.org/wp-content/uploads/resources/2020-Next-Steps-Asia.pdf)
### [Next Steps Towards Reform: Assessing good practice and gaps in Commonwealth sexual offences legislation in Asia](https://www.humandignitytrust.org/wp-content/uploads/resources/2020-Next-Steps-Asia.pdf)
This report examines the status of sexual offences legislation in Commonwealth Asia, assessing good practice and identifying where there are gaps in protection, with a particular focus on women, children, LGBT+ people and people with disability.
[](https://www.humandignitytrust.org/news/human-dignity-trust-condemns-bruneis-brutal-new-anti-lgbt-islamic-penal-code/)
### [Human Dignity Trust condemns Brunei’s brutal new Islamic Penal Code](https://www.humandignitytrust.org/news/human-dignity-trust-condemns-bruneis-brutal-new-anti-lgbt-islamic-penal-code/)
Death penalty among a range of punishments to be introduced for same-sex activity
[](https://www.humandignitytrust.org/news/un-committee-rules-that-criminalisation-of-same-sex-intimacy-between-women-is-a-human-rights-violation/)
### [UN rules that criminalisation of same-sex intimacy between women violates key rights treaty](https://www.humandignitytrust.org/news/un-committee-rules-that-criminalisation-of-same-sex-intimacy-between-women-is-a-human-rights-violation/)
Major legal precedent could affect millions of lesbian & bisexual women
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Last updated: 16 December 2025
- [Types of criminalisation](https://www.humandignitytrust.org/country-profile/malaysia/#section-crim-types)
- [Summary](https://www.humandignitytrust.org/country-profile/malaysia/#summary)
- [Law and Legal Developments](https://www.humandignitytrust.org/country-profile/malaysia/#law-and-legal-developments)
- [Enforcement](https://www.humandignitytrust.org/country-profile/malaysia/#enforcement)
- [Discrimination and Violence](https://www.humandignitytrust.org/country-profile/malaysia/#discrimination-and-violence)
- [Disclaimer](https://www.humandignitytrust.org/country-profile/malaysia/#disclaimer)
- Criminalises LGBT people
- Criminalises sexual activity between males
- Criminalises sexual activity between females
- Criminalises the gender expression of trans people
Summary
Same-sex intimacy is prohibited under the Federal Penal Code 1936, which criminalises acts of “carnal knowledge against the order of nature” (sodomy) and “outrages on decency” (gross indecency). These provisions carry a maximum penalty of twenty years’ imprisonment with whipping. Both men and women are criminalised under the Penal Code. Although the law does not expressly criminalise transgender people, the offence of “outrages on decency” can be used to target them.
Same-sex intimacy has also been criminalised by state enacted Sharia laws. Such laws only apply to individuals who profess the religion of Islam. Transgender people are also often criminalised under Sharia law enactments, which prohibit, for example, “cross-dressing” or “males posing as females” (and vice versa).
Malaysia’s Federal Court has recently ruled unconstitutional criminalising provisions in Sharia criminal code enactments in the states of Selangor and Kelantan. This was on the basis that the state legislature did not have the power to adopt them, as the primary power to legislate criminal law lies with Parliament. This principle has wider application to state enacted Sharia criminal provisions.
There is evidence of the law being enforced in recent years. Since the 2018 election a crackdown on the LGBT community has been underway, with several reports of arrest, prosecution, and the imposition of corporal punishment. A high-profile case saw a prominent transgender woman flee the country in 2021 following threats of arrest against her based upon her gender identity.
There have been consistent reports of discrimination and violence against LGBT people in recent years, with transgender people being particularly vulnerable to physical and verbal abuse.
Law and Legal Developments
#### **2024**
In February, the Federal Court [declared unconstitutional](https://www.reuters.com/world/asia-pacific/malaysias-top-court-declares-16-islamic-laws-kelantan-state-unconstitutional-2024-02-09/) various sections of the Kelantan Sharia Criminal Code (I) Enactment 2019, including the provision criminalising “sodomy” and other sexual offences that proscribed “sexual intercourse against the order of nature”. The basis of the challenge was that the state legislature did not have the power to enact the challenged provisions. The court held that the offences could apply equally to non-Muslims and Muslims. As such, they were not “religious” offences that the state has power to legislate on and their enactment was accordingly unconstitutional.
#### **2023**
In September, the Court of Appeal [restored a ban](https://www.malaymail.com/news/malaysia/2023/09/25/in-2-1-decision-court-of-appeal-restores-home-ministrys-ban-on-gay-is-ok-book/92737) on the book *Gay is OK!: A Christian Perspective*, which had been quashed by the High Court in a 2022 judgment. The book, authored by Malaysian writer Ngeo Boon Lin, was originally banned by the Home Ministry on the grounds of preserving public order, morality and public interest. The Court of Appeal agreed with the government, stating that freedom of expression may be restricted if necessary for reasons such as public order or morality.
#### **2021**
In January, the Deputy Minister in the Prime Minister’s Department (Religious Affairs), Ahmad Marzuk Shaary, [suggested](https://www.malaymail.com/news/malaysia/2021/01/19/putrajaya-could-amend-act-355-to-introduce-heavier-punishments-against-lgbt/1941893#.YAaNoGGjlAQ.twitter) that stricter penalties could be imposed on LGBT people, arguing that the current punishments are not harsh enough. The Minister stated that he believed it is necessary to amend the Syariah Courts (Criminal Jurisdiction) Act 1965, which limits the sentences the Sharia courts can impose, to empower them to impose stricter punishments. The Deputy Minister further noted that all state religious enforcement agencies have been instructed to take against LGBT people who don’t “behave accordingly”.
In February, a gay man won a [landmark court challenge](https://www.reuters.com/article/malaysia-lgbt-rights/malaysian-man-wins-landmark-challenge-against-muslim-gay-sex-ban-idUSL8N2KV0PD) following his arrest and prosecution under section 28 of the Syariah Criminal Offences Enactment 1995 in the state of Selangor, which criminalised “sexual intercourse against the order of nature”. The Federal Court ruled that the state did not have the power to enact the law, holding that the primary power to legislate criminal law lays with Parliament.
> This is historic. This is monumental for LGBT+ rights in Malaysia. We want to live in dignity without fear of prosecution. Of course Section 377 is still there – it’s not the end but this is a beginning.
Numan Afifi, Pelangi Campaign, 2021
[Numan Afifi, Pelangi Campaign, 2021](https://www.reuters.com/article/malaysia-lgbt-rights/malaysian-man-wins-landmark-challenge-against-muslim-gay-sex-ban-idUSL8N2KV0PD)
In June, a government taskforce [proposed](https://www.reuters.com/world/asia-pacific/malaysia-seeks-stricter-sharia-laws-promoting-lgbt-lifestyle-2021-06-24/) amendments to Sharia law that would allow action to be taken against social media users for insulting Islam and “promoting the LGBT lifestyle”. The proposal was in response to social media posts celebrating pride month.
#### **2014**
In November, Malaysia’s Court of Appeal declared a Sharia law provision in the state of Negeri Sembilan, which criminalised “cross-dressing”, as [unconstitutional](https://www.refworld.org/jurisprudence/caselaw/mysca/2014/en/102377). The Court found that section 66 of the Syariah Criminal Enactment 1992 (Negeri Sembilan) breached various rights as guaranteed by the Malaysian Federal Constitution.
However, this landmark decision was overturned by the Federal Court in 2015 on a technicality, citing improper procedures used to challenge the enactment and without considering the substance of the constitutional challenge. In July 2020, the Federal Court dismissed the claimants’ application to appeal, also on procedural grounds.
Criminal Provisions
Penal Code 1936, Section 377A/377B Unnatural Offences
Sections 377A and 377B prohibit “carnal intercourse against the order of nature” with a penalty of up to twenty years imprisonment and whipping.
Penal Code 1936, Section 377D Outrages on Decency
Section 377D criminalises acts of “gross indecency” with a penalty of up to two years imprisonment.
Sexual Offence Law Assessment
We’ve also assessed Malaysia’s sexual offence laws against international human rights standards. Not only does Malaysia criminalise same-sex sexual activity and expression of gender identity, it also fails to properly protect other vulnerable groups, such as women and children, from sexual offences.
[Find out more](https://www.humandignitytrust.org/reform/countries/malaysia)
Enforcement
#### 2025
According to local news reports three men were arrested in Melaka in July by the Melaka Islamic Religious Department (Jaim) and the police, for engaging in same-sex intimacy. The [report](https://www.nst.com.my/news/nation/2025/08/1254152/3-men-arrested-alleged-same-sex-group-sexual-activity) claims three men were being investigated under Section 56 (sodomy), Section 57 (attempted sodomy) and Section 58 (unnatural sex) under the Syariah Offences (Melaka State) Enactment 1991.
Those detained in Kuala Lumpur were denied access to food, water, medical treatment and were detained for more than 40 hours. Despite their remand applications being dismissed by the Magistrate after the arrest, the police did not allow for the release of the detainees without a bailor.
A further media report from 29 November, claims a similar raid was carried out where [13 individuals were arrested in Perai, Penang state](https://www.thestar.com.my/news/nation/2025/11/30/13-caught-for-unnatural-sex-prostitution-in-penang "https://www.thestar.com.my/news/nation/2025/11/30/13-caught-for-unnatural-sex-prostitution-in-penang"), where the police alleged violations of Section 377B of the penal code.
#### **2023**
In November, local media [reported](https://www.malaymail.com/news/malaysia/2023/11/29/malaysias-first-islamic-rehab-centre-for-those-in-same-sex-relationships-to-open-in-johor-next-july-says-state-exco/104841) that the Johor government announced plans to establish conversion therapy centres to “rehabilitate” LGBT people, and stated that these would be fully operational by July 2024. The Malaysian Queer advocacy group, Justice for Sisters likened these plans to [torture](https://www.malaymail.com/news/malaysia/2023/11/30/justice-for-sisters-johor-rehab-centre-for-lgbt-akin-to-torture/105063), and raised concerns about the potential violation of human rights as guaranteed by Malaysia’s Federal Constitution.
#### **2022**
In October, Islamic religious police [raided](https://www.telegraphindia.com/world/malaysia-religious-police-raid-lgbt-halloween-party/cid/1895129) a Queer Halloween party in Kuala Lumpur, arresting at least 20 LGBT individuals for “cross-dressing” and “encouraging vice”. Officials report that the arrests were made under [the Syariah Criminal Offences (Federal Territories) Act 1997](http://www.commonlii.org/my/legis/consol_act/scota1997420/). Reports suggested that 40 religious officers entered the venue, which held approximately 1,000 participants. Following the raid, Assistant Police Commissioner Noor Dellhan Yahaya [vowed](https://www.thestar.com.my/news/nation/2022/10/30/jawi-has-detained-20-men-for-dressing-in-drag-say-kl-cops) to “step up operations and inspections on clubs”.
#### **2021**
In February, the Minister for Islamic Affairs [called for action](https://www.bbc.co.uk/news/world-asia-59286774) to be taken against a prominent transgender entrepreneur, who posted pictures of herself in women’s clothing at a religious event. After she failed to appear in court, Selangor state issued a warrant for her arrest and announced that it was deploying 122 religious affairs officers to detain her. The woman was later revealed to have [fled](https://www.bbc.co.uk/news/world-asia-59286774) to Thailand where she was granted asylum, despite Malaysian authorities seeking her extradition. Malaysian authorities [insisted](https://www.hrw.org/report/2022/08/10/i-dont-want-change-myself/anti-lgbt-conversion-practices-discrimination-and) efforts to return her to Malaysia were not intended to “punish”, but rather to “educate” her.
#### **2019**
The US Department of State Country [Report](https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/malaysia/) on Human Rights Practices noted that in November, the Selangor state Sharia court sentenced five men to six to seven months’ imprisonment, six strokes of the cane, and a fine for “attempting to have intercourse against the order of nature”. One of the accused challenged the power to do so, resulting in the Federal Court invalidating the state Sharia enactment that criminalised same-sex sexual intimacy (see Law and Legal Developments, above).
#### **2018**
In May, then opposition leader and current Prime Minister Anwar Ibrahim was [released](https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/malaysia/) from detention after receiving a royal pardon for same-sex sexual conduct, a charge he denied and one viewed internationally as politically motivated. Ibrahim had been in prison since 2015.
Following the new government coming into power in May, a [serious crackdown](https://www.theguardian.com/world/2018/aug/22/malaysia-accused-of-state-sponsored-homophobia-after-lgbt-crackdown) on the LGBT community began, and reports of arrests and assaults of LGBT people increased. In August, an LGBT venue was raided and twenty men were arrested. In the same week, a Sharia court in Terengganu state ordered a lesbian couple to be caned, after they were found having sex in a car. This was the first time in years that such a punishment had been handed down.
#### **2015**
In June, a Sharia court in the state of Kelantan [convicted](https://www.hrw.org/news/2015/06/22/malaysia-court-convicts-9-transgender-women) nine transgender women under section 7 of the Sharia Criminal Code 1985 which prohibited “a male person posing as a woman”. All of the women received fines, and two were sentenced to jail terms of two months.
Discrimination and Violence
#### **2023**
The Malaysian Prime Minister Anwar Ibrahim [stated](https://www.reuters.com/world/asia-pacific/lgbtq-fears-grow-malaysia-islamists-shatter-reform-hopes-2023-08-21/) that his government would never recognise LGBT rights. It has been suggested that Ibrahim is under pressure from Islamic groups and the opposition bloc to adopt a strict interpretation of Sharia law. Others have suggested that this stance stems from a desire to remove doubts surrounding Ibrahim’s own sexuality. Justice for Sisters stated that these comments encourage discrimination and violence against LGBT people.
In May, the Malaysian government [confiscated](https://www.reuters.com/world/asia-pacific/rainbow-swatch-watches-confiscated-malaysia-company-2023-05-24/) rainbow-coloured watches produced by Swiss watchmaker Swatch during raids, due to fear of “[promoting](https://www.reuters.com/business/retail-consumer/swiss-watchmaker-swatch-sues-malaysia-seizure-pride-watches-2023-07-17/)” LGBT .
According to multiple press reports in July, the concert of British pop band ‘The 1975’ was halted mid-performance by ‘officials’ after its lead singer, Matty Healy, kissed his fellow band mate on stage after making critical comments about the Malaysian government’s position on same-sex intimacy. The story was widely covered in the international, regional and local press. According to this [news report](https://www.theguardian.com/world/2023/jul/22/malaysia-festival-halted-matty-healy-1975-criticises-anti-lgbtq-laws), the three-day Good Vibes Music Festival in Kuala Lumpur, at which they were performing, was cut short and the band were banned from performing again in Malaysia.
#### **2022**
A [report](https://www.hrw.org/report/2022/08/10/i-dont-want-change-myself/anti-lgbt-conversion-practices-discrimination-and) released by Human Rights Watch and Justice for Sisters examined how government-funded conversion practices contributes to the discrimination and violence faced by LGBT people in Malaysia. State religious “retreats” known as *mukhayyam* are targeted at Muslim LGBT people to “cure” them of their sexuality.
According to the 2022 US Department of State Country Report on Human Rights Practices, at least 1733 persons had attended these “rehabilitation programmes” as of [June 2021](https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/malaysia/). These reports have consistently reported discrimination faced by LGBT people in employment, housing, and access to services on the basis of their sexuality. They have also consistently found that imprisoned transgender women serve their sentences in male prisons.
#### **2018**
According to the 2018 US Department of State Country Report on Human Rights Practices, a survey by a local transgender group [found](https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/malaysia/) that more than two-thirds of transgender women experienced some form of physical or emotional abuse.
> \[The Government will\] take proactive measures to curb the growing lesbian, gay, bisexual, transgender issues, and help them to return to the right path and lead a normal life.
[Mujahid Yusof Rawa, Minister for Religious Affairs, 2018](https://www.theguardian.com/world/2018/aug/22/malaysia-accused-of-state-sponsored-homophobia-after-lgbt-crackdown)
#### **2015**
In September, Nisha Ayub, a prominent and internationally recognised transgender rights activist, was [assaulted](https://www.malaymail.com/news/malaysia/2015/09/15/battered-and-bruised-award-winning-transgender-activist-fears-assault-compl/970323) in by two men with iron rods by her house.
#### **2013**
In February, an estimated 16,000 parents and teachers attended a seminar on how to curb LGBT behaviour that took place in Politeknik Seberang Prai. After opening the seminar, Malaysia’s then Deputy Education Minister [told](http://www.thestar.com.my/News/Nation/2013/02/01/16000-attend-seminars-on-how-to-curb-LGBT/) a press conference: “\[homosexuality\] is like a disease but it can be cured with early intervention.”
References
1\. Penal Code 1936, Section 377A/377B Unnatural Offences
“377A. 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. Explanation – Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section. 377B. 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. 377C. Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent \[……\] 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.” [Full text](https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/61339/117909/F1085941047/MYS61339%202015.pdf).
2\. Penal Code 1936, Section 377D Outrages on Decency
“377D. 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.” [Full text](https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/61339/117909/F1085941047/MYS61339%202015.pdf).
a LGBTQ organization based in Kuala Lumpur, Malaysia. Our work focuses on LGBTQ mental health, as well as research and knowledge building.
a grassroots campaign organised by concerned members of the public to raise public awareness regarding violence, persecution and discrimination against the Mak Nyah (male-to-female transsexual) community in Malaysia.
a social support group for gay, bisexual and queer Malay/Muslim men.
a human rights organisation that promotes and defends non-discriminatory access to justice for LGBTQI+ persons in Malaysia.
Myanmar criminalises same-sex sexual activity between men. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of ten years’ imprisonment.
Two provinces of Indonesia criminalise same-sex sexual activity between men and between women. The gender expression of trans people is criminalised under the federal law. Sentences include a maximum penalty of eight years’ imprisonment and 100 lashes.
Brunei criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Sentences include a maximum penalty of death by stoning.
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