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The public caning of two women for “attempted musahaqah” (sexual relations between women) provides to all ample evidence that the acceptance of the LGBT community in Malaysia has a long way to go.
The two women, aged 32 and 22, were discovered in the back seat of a vehicle parked in a park in northern Terengganu state and arrested in April 2018.
They were charged with violating Shariah law with respect to same-sex relationships according to MalayMail.
The two were found guilty, and sentenced to the maximum number of six strokes with the cane and fined RM3,300 (~$800).
Indigenous groups, such as the Joint Action Group for Gender Equality (JAG) is dueling with the government in court over the difference in the Federal Law which would be accepting of the LGBT community and Shariah law which isn’t.
Until that is sorted, it is likely that singling out members of the LGBT community for both harassment and prosecution, be they residents or visitors, Malaysian citizens or foreigners will continue.
For this reason, we urge members of the LGBT community visiting Malaysia to refrain from public displays of affection, so as not to run afoul of the Shariah law.
The New York Times reported how supporters of Shariah law did not find the punishment inappropriate. Needless to say, there were a great many critics who did not see it the same way.
Here’s an excerpt from the NY Times:
Representatives of the Terengganu government and Shariah law advocates said that the women were fully clothed while caned, and that the punishment was not meant to injure them but to provide a lesson for the public on Islamic law.
“The Shariah way of caning is not brutal and oppressive, as claimed by certain quarters,” said Musa Awang, president of the Syariah Lawyers Association of Malaysia.
Other legal groups disagreed. The Malaysian Bar said the country should not tolerate caning in any form and should repeal all forms of corporal punishment.
