Current Version
| Region | Malaysia |
| Issue | Right to change legal gender |
| Status | Ambiguous |
| Start Date | Jan 1, 2016 |
| End Date | (none) |
| Description | In Malaysia, there have been different court decisions about legal gender recognition applications, with inconsistent results. In addition, fatwas (religious edicts or opinions) on transgender persons issued by either state Fatwa Committees or the Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia carry weight in public opinion and government policies, influencing the outcomes of these cases. Fatwas can even become law if published in the State Gazette. The most progressive case on the matter was JG v Pengarah Jabatan Pendaftaran Negara (“JG”) (2005). The court followed the Australian case of "Re Kevin" and rejected the "Corbett" view of sex as immutably fixed at birth. In the absence of legislative guidance, the court held that medical experts should determine gender, and with both physical and psychological aspects examined by doctors, the court found that the applicant was female and allowed to change the last number on her Identity Card (marking her as female). However, the reasoning in "Re JG" is not always found instructive in other courts hearing legal gender recognition cases. In 2013, in Kristie Chan v. Ketua Pengarah Jabatan Pendaftaran Negara (2013), the Court of Appeals rejected a gender recognition application by a transgender woman who had undergone gender affirming surgeries overseas. The court did so on the ground that there was no medical evidence from Malaysian experts on whether gender affirming surgery “changes a person’s gender”. In 2016, another High Court level case, Tan Pooi Yee v. Ketua Pengarah Jabatan Pendaftaran Negara (2016) allowed a transgender man to obtain legal gender recognition after evidence of surgeries, finding the court’s standard of proof in "Re Kristie Chan", which insisted on chromosomal requirements, to be “impossible” and “unjust”. However, in 2017, the Court of Appeal found in favour of the National Registration Department (the government body that issues national identity documents) when it appealed that High Court decision. In 2021, several ministries including the Prime Minister's Department rejected SUHAKAM's (the Human Rights Commision of Malaysia) proposal to conduct a study on the feasibility of specific laws in Malaysia to recognise transgender people. They said that "recognition of the third gender should not be allowed" and that such a campaign is "inappropriate" in the Malaysian context. |
| Sources | https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4983682/ https://database.ilga.org/malaysia-lgbti |
| Federal Law | Yes |
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Revision History (6)
edited by briannaghy. statut correction + add source
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Illegal | (REMOVED) |
| Special Status | Illegal | Ambiguous |
| Start Date | Jan 1, 1983 | Jan 1, 2016 |
| Description | Malaysia banned gender recognition of transgender people in 1983. A trans individual does not currently have the right to change their legal gender. A recent court ruling in favour of allowing trans women to wear female clothing was overturned by a federal court. | In Malaysia, there have been different court decisions about legal gender recognition applications, with inconsistent results. In addition, fatwas (religious edicts or opinions) on transgender persons issued by either state Fatwa Committees or the Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia carry weight in public opinion and government policies, influencing the outcomes of these cases. Fatwas can even become law if published in the State Gazette. The most progressive case on the matter was JG v Pengarah Jabatan Pendaftaran Negara (“JG”) (2005). The court followed the Australian case of "Re Kevin" and rejected the "Corbett" view of sex as immutably fixed at birth. In the absence of legislative guidance, the court held that medical experts should determine gender, and with both physical and psychological aspects examined by doctors, the court found that the applicant was female and allowed to change the last number on her Identity Card (marking her as female). However, the reasoning in "Re JG" is not always found instructive in other courts hearing legal gender recognition cases. In 2013, in Kristie Chan v. Ketua Pengarah Jabatan Pendaftaran Negara (2013), the Court of Appeals rejected a gender recognition application by a transgender woman who had undergone gender affirming surgeries overseas. The court did so on the ground that there was no medical evidence from Malaysian experts on whether gender affirming surgery “changes a person’s gender”. In 2016, another High Court level case, Tan Pooi Yee v. Ketua Pengarah Jabatan Pendaftaran Negara (2016) allowed a transgender man to obtain legal gender recognition after evidence of surgeries, finding the court’s standard of proof in "Re Kristie Chan", which insisted on chromosomal requirements, to be “impossible” and “unjust”. However, in 2017, the Court of Appeal found in favour of the National Registration Department (the government body that issues national identity documents) when it appealed that High Court decision. In 2021, several ministries including the Prime Minister's Department rejected SUHAKAM's (the Human Rights Commision of Malaysia) proposal to conduct a study on the feasibility of specific laws in Malaysia to recognise transgender people. They said that "recognition of the third gender should not be allowed" and that such a campaign is "inappropriate" in the Malaysian context. |
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| Federal Law | No | Yes |
| Sources | https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4983682/ | https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4983682/ https://database.ilga.org/malaysia-lgbti |
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edited by Notdog1996. Date was not accurate. Adding source.
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0 | Old Value | New Value | |
|---|---|---|
| Start Date | Aug 9, 1965 | Jan 1, 1983 |
| Description | A trans individual does not currently have the right to change their legal gender. A recent court ruling in favour of allowing trans women to wear female clothing was overturned by a federal court. The date reference is the date Singapore separated from Malaysia, making it the country it is today. | Malaysia banned gender recognition of transgender people in 1983. A trans individual does not currently have the right to change their legal gender. A recent court ruling in favour of allowing trans women to wear female clothing was overturned by a federal court. |
Show Difference | ||
| Sources | https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights | https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4983682/ |
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edited by LGBTsoutheastasian. updated the law haven’t yet allow transgender individuals to legally change their gender in Malaysia
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0 | Old Value | New Value | |
|---|---|---|
| End Date | May 2019 | (none) |
edited by LGBTsoutheastasian. This isn’t true til now Malaysia haven’t allowed sex reassignment surgery yet, only that crossdressing are not a crime for non-Muslims.
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0 | Old Value | New Value | |
|---|---|---|
| End Date | May 25, 2005 | May 2019 |
edited by JuliaB. It's possible to change legal gender from 25.05.2005 (High Court in Re JG)
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0 | Old Value (Original) | New Value | |
|---|---|---|
| End Date | (none) | May 25, 2005 |
| Original entry | |
|---|---|
| Status | Illegal |
| Start Date | Aug 9, 1965 |
| End Date | (none) |
| Description | A trans individual does not currently have the right to change their legal gender. A recent court ruling in favour of allowing trans women to wear female clothing was overturned by a federal court. The date reference is the date Singapore separated from Malaysia, making it the country it is today. |
| Sources | https://www.hrw.org/news/2015/10/08/malaysia-court-ruling-sets-back-transgender-rights |
Reports (3)
- All information is correct, just adding sources "Malaysia also criminalizes forms of gender expression. In 2022, police raided a halloween party attended by members of the LGBT community and arrested twenty people for cross-dressing."
- Status is not correct "Its illegal to change your gender in Malaysia"
- Status is not correct