Charged For Unnatural Sex, Man Challenges Section 28 Of Shariah Law
Source: Mashable SE Asia
A man who was amongst the 11 men arrested in 2018, during a raid of a private event by JAIS made history by challenging Section 28 of the Shariah Law.
They were charged under Section 28 for having unnatural sex.
Section 28 of Shariah Criminal Offences (Selangor) states that anyone who performs sexual intercourse against the order of nature with any man, woman or animal is guilty of an offense and will be liable of being convicted with a fine, imprisonment of up to 3 years, whipping not exceeding six strokes or a combination of any mentioned.
Source: Mashable SE Asia
The man who remains unnamed to protect his privacy, challenged the validity of Section 28 in Selangor when Section 377A of the penal code (carnal intercourse against the order of nature) under the Federal Law exists.
Section 377A states that “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” and that a person can’t be charged twice for the same crime.
He believes that it is unfair to plead guilty to both charges when under Section 377A clearly states that a person cannot be charged twice for the same offense.
According to him, Selangor’s state legislative assembly has no powers to act upon said law because state laws cannot repeat federal laws.
Source: Mashable SE Asia
LGBTIQ+ Network, a coalition of LGBTQ right groups also filed a petition to review the section due to its overlap with the penal code. Their case is against injustice and inhumanity rather than religion.
They believe that sensational reporting by the local media demonize the LGBTQ community as sinful and that makes them victims to discriminatory hiring practices as well as family violence.
Source: Mashable SE Asia
By doing so, they hope to build a discussion that will ease the lives of those who identify as LGBTQ.
Luahan Wartawan: He’s got balls, I will give him that.
Pleading not guilty and filing two separate petitions after being arrested, against the state government, no less.
All because he believes that what he does in private isn’t anyone’s business.
I agree that a person’s personal choices and what they do behind closed doors isn’t anybody’s business. But a “private event” with 11 guys seems to suggest an orgy and a conservative country like Malaysia won’t tolerate that.
Source: Twitter
I mean, their pencegah maksiat will raid places where normal couples go to for a quick sesh and charge them harshly, what makes you think they won’t pile on the charges to those who belong in a community they deem deviant?
But kudos to him because the judge decided to allow the case to be argued at the Federal Court, which is like our Supreme Court.
If you ask me, the lawyer representing Selangor sounded incompetent from what I read because he failed to answer the question raised by this man.
I am no lawyer but grouping unnatural sex between same-sex couples together with bestiality is kinda too much.
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