Entry #336: Homosexual activity in Malaysia

Current Version

Region	Malaysia
Issue	Homosexual activity
Status	Illegal (imprisonment as punishment)
Start Date	1871
End Date	(none)
Description	Under Section 377 of Malaysia's Penal Code, ‘carnal knowledge against the order of nature’ is punishable by up to 20 years in prison with whipping. A subsection of the law also criminalises ‘gross indecency with another person’ with up to two years in prison. In addition, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Sources	http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html https://www.malaysiakini.com/columns/525616 https://www.humandignitytrust.org/country-profile/malaysia/
Federal Law	Yes

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Revision History (12)

Aug 2, 2024

edited by ksc_3007. Changing status, adding information about the section number and penalties

Helpful?

	Old Value	New Value (Current)
Value	Male illegal, female uncertain	Illegal (imprisonment as punishment)
Start Date	1826	1871
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.	Under Section 377 of Malaysia's Penal Code, ‘carnal knowledge against the order of nature’ is punishable by up to 20 years in prison with whipping. A subsection of the law also criminalises ‘gross indecency with another person’ with up to two years in prison. In addition, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three. Under Section 377 of Malaysia's Penal Code, ‘carnal knowledge against the order of nature’ is punishable by up to 20 years in prison with whipping. A subsection of the law also criminalises ‘gross indecency with another person’ with up to two years in prison. In addition, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Sources	http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html	http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html https://www.malaysiakini.com/columns/525616 https://www.humandignitytrust.org/country-profile/malaysia/
Sources	Show Difference http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html https://www.malaysiakini.com/columns/525616 https://www.humandignitytrust.org/country-profile/malaysia/

Jul 24, 2024

edited by gabingry. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law

Helpful?

	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Male illegal, female uncertain
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Federal Law	No	Yes

Reports (1)
Status is not correct "Sections 377A and 377B prohibit ‘carnal intercourse against the order of nature’ with a penalty of up to twenty years imprisonment and whipping, meaning that both gay and lesbian sex is illegal. In addition, Section 377D criminalises acts of ‘gross indecency’ with a penalty of up to two years imprisonment.
https://www.humandignitytrust.org/country-profile/malaysia/"
Jul 25, 2024

Dec 13, 2023

edited by LGBTsoutheastasian. Grammar

Helpful?

	Old Value	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three. Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.

Reports (2)
Note field is incorrect "This law is very much enforced.

https://www.reuters.com/article/world/malaysia-sentences-five-men-to-jail-caning-and-fines-for-gay-sex-idUSKBN1XH19Y/
"
Jul 16, 2024
Status is not correct "Male illegal female uncertain :Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced.
https://www.malaysianbar.org.my/"
Jul 16, 2024

Dec 13, 2023

edited by LGBTsoutheastasian. Punctuations

Helpful?

	Old Value	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three. male homosexuality is illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.

Dec 13, 2023

edited by LGBTsoutheastasian. grammar

Helpful?

	Old Value	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three. same-sex sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.

Dec 13, 2023

edited by LGBTsoutheastasian. added some grammar and punctuation corrections

Helpful?

	Old Value	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is up to three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is up to three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three. Malaysia, punishable by 2-20 years in prison, however the status of female homosexuality is unclear under the Malaysian federal law. However, Muslim citizens of Malaysia can be sentenced to fines, caning and imprisonment for conducting same sexual relations under some states which imposes sharia law. The maximum sentence that sharia courts can impose for these acts is up to three years prison, fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.

Dec 12, 2022

edited by Pizzaslices412653. Illegal for both male and females.

Helpful?

	Old Value	New Value
Value	Male illegal, female uncertain	Illegal (imprisonment as punishment)

Reports (1)
Date is incorrect "It was criminalized in 1871"
Nov 7, 2023

Dec 5, 2022

edited by CHR0LL0PH0BICCC

Helpful?

	Old Value	New Value
Value	Illegal (imprisonment as punishment)	Male illegal, female uncertain

Dec 31, 2021

edited by Muhammadaji2022

Helpful?

	Old Value	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is up to three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is up to three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes or all three.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is up to three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes. strokes or all three.

Nov 14, 2021

edited by Muhammadaji2022

Helpful?

	Old Value	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is up to three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes. three years prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes.

Nov 14, 2021

edited by Muhammadaji2022

Helpful?

	Old Value (Original)	New Value
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced.	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes.
Description	Show Difference Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia\'s anti-sodomy laws are relics of the colonial era and rarely enforced. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced. Under the federal law Male Homosexuality is Illegal in Malaysia ,punishable by 2-20 years in prison , however the status of female homosexuality is unclear under the federal law. However , Muslim citizens of Malaysia can be sentenced to fines , caning and imprisonment for conducting same sexual relations under some states which imposes sharia Law. The maximum sentence that sharia courts can impose for these acts is prison , fines of up to RM 5,000 (1,204 USD) and caning of up to six strokes.

Sep 19, 2013

created by bradcoffey106

Helpful?

	Original entry
Status	Illegal (imprisonment as punishment)
Start Date	1826
End Date	(none)
Description	Unsure of date. Date shown reflects the British colonial territory of the Straits Settlements. Malaysia's anti-sodomy laws are relics of the colonial era and rarely enforced.
Sources	http://www.malaysianbar.org.my/general_opinions/comments/rethinking_malaysias_sodomy_laws.html

Reports (5)
Status is not correct "Female from Muslim community is illegal in certain states in Malaysia"
May 30, 2021
Status is not correct "Both are banned and can face punishment"
Mar 11, 2021
Status is not correct "illegal for female"
Aug 1, 2020
Status is not correct "Laws ARE enforced, with brutality. Both gay men and lesbians are arrested, beaten/caned, and jailed. Ample numbers of cases reported in 2019."
Nov 12, 2019
Status is not correct "Female illegal. Public caning done on lesbians attempting sex. Sources: https://www.independent.co.uk/news/world/asia/malaysia-lesbian-couple-public-caning-islam-mahathir-mohamad-a8525706.html , https://www.thestar.com.my/news/nation/2018/09/04/caning-of-lesbians-an-eye-opener-for-many-lawyer-it-gave-real-picture-of-syariah-punishment/"
May 26, 2019