LGBTQ rights in Malaysia | |
---|---|
Status | Illegal since 1871 |
Penalty | Up to 20 years imprisonment with caning and fines. Muslim citizens may also be additionally charged in an Islamic court under Sharia, and foreigners may be deported.[1][2] |
Gender identity | No |
Military | No |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents.[3] Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBT people have also occurred in the country.[4][5][6] There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
In 2015, the Human Rights Watch (HRW) stated that "Discrimination against lesbian, gay, bisexual, and transgender (LGBT) people is pervasive in Malaysia."[7] Over the years, there have also been cases of violence against individuals in Malaysia based on their sexual orientation, and are tolerated by the state.[8][9] Conversion therapy is practiced regularly in the country and is openly promoted by politicians and religious leaders.[10] In 2023, the Global Trans Rights Index ranked Malaysia as the second worst country in the world in terms of transgender rights, only after Guyana.[11][12][13]
With widespread anti-LGBT conversion practices, discrimination, and violence in the country supported by the state, Malaysia is one of the most homophobic countries in the world.[14][15] Social attitudes towards the LGBT community in the country are largely shaped by Islam, the official state religion of Malaysia, although a significant proportion of Malaysians of other religions such as Christians also holds strong homophobic views. Ever since at least the 19th century, mores of Malaysia strongly disapprove of homosexuality and transitioning, which impacts public policy. As a result, LGBT rights are not pursued by any political parties.