BY SHAD SALEEM FARUQI
A legislature deriving its powers from a Constitution cannot devour the source of its powers.
THE Court of Appeal’s remarkable decision in the case of Muhammad Juzaili Mohd Khamis v Negri Sembilan is soon coming up for appeal to the Federal Court.
This was the famous Gender Identity Disorder (GID) or cross-dressers’ case in which Section 66 of the Negri Sembilan Syariah Criminal Enactment 1992 was held to be unconstitutional. The section provides that “any male person who in any public place wears a woman’s attire or poses as a woman shall be guilty of an offence”.
The three persons at the centre of the legal storm are young Muslims who are biologically males but who, according to expert witnesses, have an intrinsic, persistent, ineradicable identification with the female gender. Read more