Sexuality Rights and Legal Context in Malaysia
To marry or not to marry: The law
and sexuality rights in Malaysia
Sharon A. Bong
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Malaysian context:
social-legal limits
Global context:
Sexuality rights
To marry or not to
marry, that is the
question
To marry or not to
marry, that is not the
only question
M
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No gender-based
discrimination (Federal
Constitution)
Marriage = man +
woman (Marriage and
Divorce Act 1976)
void (man + man)
‘unnatural offences’
(377 Penal Code)
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Heteronormative: incest
prohibited (Islamic
Family Law)
Liwat
(gay sex) &
musahaqah
(lesbian
sex) (Syariah Criminal
Offences)
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(
W
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)
“a central aspect of being human throughout life [that]
encompasses sex, gender identities and roles, sexual
orientation, eroticism, pleasure, intimacy and
reproduction. Sexuality is experienced and expressed
in thoughts, fantasies, desires, beliefs, attitudes,
values, behaviours, practices, roles and relationships.
While sexuality can include all of these dimensions, not
all of them are always experienced or expressed.
Sexuality is influenced by the interaction of biological,
psychological, social, economic, political, cultural,
legal, historical, religious and spiritual factors” (WHO
2010).
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the right to universal enjoyment of human rights
the right to equality and non-discrimination
the right to recognition before the law
the right to security of the person
the right to privacy
the right to found a family
the right to participate in public life
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Accused of promoting
extremism among
Malay-Muslims
“
It’s my right to
celebrate my joy with
the people I care
about…The
government can make
noise…but they’re not
welcome here”
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Reactions: “disgrace”,
“rot in hell”, “want to
vomit”, come home to
be “saved”
“I just want to get by
without upsetting
anyone or causing any
trouble. My overriding
concern is for my
family”
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Break the silence on
taboo topic
Make visible GLBTIQ
persons & life stories
Government & religious
as anti-gay
(homophobic)
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Sexuality politicised
sexuality education
Legalise same-sex
marriage
implement
all sexuality rights
gender-sexual
justice for all
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Monash University Malaysia, jointly owned by Monash University and the Jeffrey Cheah Foundation, delves into the complex interplay of social, legal, and cultural factors influencing sexuality rights in Malaysia. From the legal framework to societal perceptions, this study explores the nuances and challenges faced in addressing human sexuality in the Malaysian context.
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Presentation Transcript
Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation Arts and Social Sciences To marry or not to marry: The law and sexuality rights in Malaysia Sharon A. Bong
Malaysia in Southeast Asia Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Census 2010 Malaysia: religions Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Census 2010 Malaysia: ethnic groups Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Malaysia: Law & sexuality rights Malaysian context: social-legal limits Global context: Sexuality rights To marry or not to marry, that is the question To marry or not to marry, that is not the only question Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Malaysia: social-legal context Secular law No gender-based discrimination (Federal Constitution) Marriage = man + woman (Marriage and Divorce Act 1976) void (man + man) Religious (Syariah) law Heteronormative: incest prohibited (Islamic Family Law) Liwat (gay sex) & musahaqah (lesbian sex) (Syariah Criminal Offences) unnatural offences (377 Penal Code) Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Sexuality (WHO) a central aspect of being human throughout life [that] encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships. While sexuality can include all of these dimensions, not all of them are always experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, legal, historical, religious and spiritual factors (WHO 2010). Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Sexuality rights: Yogyakarta Principles the right to universal enjoyment of human rights the right to equality and non-discrimination the right to recognition before the law the right to security of the person the right to privacy the right to found a family the right to participate in public life Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Same-sex marriage: Rev. Ngeo Accused of promoting extremism among Malay-Muslims It s my right to celebrate my joy with the people I care about The government can make noise but they re not welcome here Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Same-sex marriage: Ariff Reactions: disgrace , rot in hell , want to vomit , come home to be saved I just want to get by without upsetting anyone or causing any trouble. My overriding concern is for my family Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Apple & Thomas First lesbian couple to publicly wed Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
Marriage equality debate To marry, or not to marry, that is the question Break the silence on taboo topic Make visible GLBTIQ persons & life stories Government & religious as anti-gay (homophobic) To marry, or not to marry: that is not the only question Sexuality politicised sexuality education Legalise same-sex marriage implement all sexuality rights gender-sexual justice for all Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
false choice universalism vs. religions I long for the day when people are simply given the choices to determine who they are, who they love and who they want to tell that to, while their families and communities are allowed to support them. And that together, we are recognised through our love for each other rather than our hate Pang Khee Teik Monash University Malaysia is jointly owned by Monash University and the Jeffrey Cheah Foundation
