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LGBTQ rights in Malaysia

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LGBT Malaysians are classified as criminals under the national penal code and their is little public support or discussion about gay rights.

Criminal Code

Section 377 of the penal code prohibits heterosexual and homosexual sodomy with punishments including up to twenty years in prison and or fines and whippings. Section 337a more narrowly prohibits acts of "gross indecency with another male person" with punishment including up to two years in prison .

State legislators are permitted to enact state laws. In 1993 the Malaysia State of Kelantan adopted Islamic law and thus the punishment for sodomy in that state is death. In 2002, the State of Kuala Lumpur adopted a similar legal system .

Civil Rights

No laws exist to prohibit discrimination on the basis of sexual orientation or gender identity. No major or minor political party has expressed any public support for such civil rights legislation and their are no recognized interest groups in the nation that campaign for gay rights.

The "People's Anti-Homosexual Voluntary Movement", was created in 1998 to lobby for stricter criminal laws against homosexuality, and is a member of the ruling United Malays National Organization (UMNO) ].

In 2001 the Prime Minister Mahathir Mohamad stated that the country will deport any visiting foreign cabinet ministers, or diplomat who is gay .

In 2005 the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals .


Anwar Ibrahim

In 1998 the reformer named Anwar Ibrahim was charged with, among other political crimes, homosexual sodomy. In 2000, he was sentenced to nine years for engaging in sodomy with his 19-year-old male chauffeur and his former male speech writer. Despite national and international protests, he was not released until he had served out four years of his sentence, in 2004 .

After his release, Anwar stated that he felt that the national criminal laws against homosexuality ought to be reformed to protect consenting adult's right to have a private life, although he also stated that gay marriage, "is going a bit too far" .

In 2007, former Prime Minister Mahathir Mohamad responded to a civil lawsuit filed by Anwar by stating that a homosexual should not hold public office in Malaysia and that he knew Anwar was a homosexual because Anwar's male chauffeur and a male speech writer both stated in court that they had had sexual relations with Anwar .

Marriage & Family

Malaysia law does not recognize gay marriage, civil unions or domestic partnership benafits.


AIDS/HIV