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19 Jul 2011

Malaysia High Court will not recognise transsexual's name and gender change

A 26-year-old transgender, who took her case to court after the National Registration Department refused to update her name and gender on her identity card despite having undergone a complete sex reassignment surgery, has lost her case.

Malaysia's New Straits Times reports on Jul 17, 2011:

Photo via New Straits Times.
The applicant, Mohd Ashraf Hafiz Abd Aziz, 25, was rejected by the courts to have her name changed to Aleesha Farhana Abd Aziz. Sex reassignment surgery is legal in the mainly Muslim country although the person is unable to change his/her identity card to reflect their new name and gender. The last time a transsexual was allowed to do so was in 2005, when a judge ruled it was the court's duty to help. However, in the only other case since that decision, a court ruled it had no jurisdiction over the issue.
 

A medical assistant failed in his application at the High Court yesterday to have his name and gender altered in his identity card.

In dismissing the application, High court judge Datuk Yazid Mustafa said the court did not have the power to declare a gender change legal, adding that there were no provisions that allowed for a sex change.

Yazid, who took 45 minutes to read the grounds for his decision, also highlighted numerous factors, including the applicant's chromosome count, external and internal organs, as well as his physical and psychological conditions.

"We took into account the testimony of the applicant's mother, who noticed an anomaly in the applicant's sexual organ since young, and that she had accepted her child's feminine tendencies."

Yazid said the purpose of the sex-change procedure was not meant for an individual to change his or her gender but to allow the individual to feel comfortable with his or her body.

"Unless the applicant was listed wrongly by medical staff, the gender attributed to the individual is legitimate."

Reader's Comments

1. 2011-07-19 19:41  
Shame on the Malaysian High Court to deny this girl the right to live and express herself as who she is. Shame on the court for allowing a life long embarrassment which will come from the confusion over the listed gender on her identity card.

The Malaysian court needs to wake up and stop being so selfish.
2. 2011-07-20 00:07  
@1 : Malaysian courts have been sleeping all the while. And I hardly can see it's improving in terms of fundamental human rights law.

Do not worry ! Malaysian courts will be ready when we assassinate all these judges and replace them with pro gay judges Avatar !

Ahahahha!!!!
3. 2011-07-20 11:59  
The Malaysian courts are sincerely lacking in this issue due to the fact that there is no precedent that they can find, for a very simple reason; there is none. Most nations do not bother to dictate identity change for that very reason.

One should instead point out to the Malaysian courts that such a decision should instead receive testimony from doctors and psychologists who are already familiar with the issue of gender.
Comment #4 was deleted by its author on 2011-08-13 17:10
5. 2011-07-21 15:40  
Wow this is quite harsh, for someone to change their lifestyle and come to accept who they are, but then is forced to look back at some pieces of life that they wish they could leave behind. Of course, I'm overreacting to this and she might not have these feelings at all.
6. 2011-09-18 20:28  
Reading around this case a little, it seems as if the Malaysian High Court is essentially saying that it does not have the power to change the law. It is up to the politicians to debate and change the law in respect to the position that Datuk has found himself in. Malaysia needs brave people like Datuk to step up to the plate and challenge the arcane establishments and their rules. I really hope this is pursued further.

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