Discussion
Main ISSUE : LGBTQ+ IN CURRENT MALAYSIA
We already examined what is LGBT and how far Malaysia recognize LGBT
community. Now, we going into a discussion of the problem statement and their broader
implications. The United Nations (UN) acknowledges and advocates for the principles of
human rights,, placing a strong emphasis on values like equality, fairness, and liberty.
Furthermore, UN does not recognize LGBT as a separate entity and consider it as a
human rights principles for all individuals, regardless of sexual orientation or gender
identity.
However, when it comes to the issue of LGBT, each country has its own way of
dealing with it. Some countries are supportive of LGBT rights, working to protect the
human rights of individuals, regardless of their sexual orientation or gender identity.
Those countries may established laws and policies in place to prevent discrimination
and promote equality . On the other hand, there are countries where social conventions,
cultural beliefs, and some religion views strongly reject the acceptance of LGBT
individuals. In these places, there may be laws and discrimination against the LGBT
community, making it challenging for them to express their identities openly.
This diversity in approaches highlights the ongoing global debate about LGBT
rights. It reflects the struggle between the idea of universal human rights and the varied
cultural, religious, and social values that shape different countries perspectives. Finding
common ground that respects human rights while acknowledging diverse beliefs
remains a complex challenge for the international community.
In Malaysia, LGBT is contrary to traditional societal values and major religions such
as Islam. Malaysia has established that anyone found engaging in activities deemed
against the natural order can be charged under Section 377AD of the Penal Code,
which prohibits unnatural sexual relations and sodomy.
Now, we going into main issue on the issue of whether Malaysia recognizes same
sex marriage. After Malaysia’s independence in 1957 till now, Malaysia does not
recognize same sex marriage. This means that the our country does not legally
acknowledge or accept marriages between individuals of the same gender. This implies
that same-sex couples do not have the legal rights and benefits associated with
marriage in Malaysia. The Act and Enactments of Islamic Family Law only recognise
marriages between men and women.
Secondly, on the issue married in a legal same sex country and domicile in
Malaysia, our country does not officially recognize same-sex marriages eventhough
the marriage was legally performed in a country that recognize same sex marriages
Malaysia's legal and cultural framework, influenced by Islamic principles, defines
marriage as a union between a man and a woman. On the other hand, some people
critics and argue upon principles of equality and human rights principles. We strongly
agree Malaysia’s position in this issue because when someone comes to Malaysia, they
are required to follow with Malaysian laws. This includes various laws and regulations
applicable in the country, such as immigration laws, criminal laws, traffic laws, and
many more.
Futhermore, in the problem statement section, we also have going through on the
issue of adoption children by same sex gender in Malaysia. In Malaysia, adoption of
same-sex children is a complex and different subject with social, cultural, and legal
implications. We have examined that from Malaysia’s independence till now, same-sex
relationships are not officially recognized and same-sex couples are not allowed to
adopt. We also look at other country perspectives on same-sex adoption, especially in
west country where they have legal system. This discussion examines the current
situation in Malaysia, where same-sex relationships are not officially recognized, and
the adoption by same-sex couples is not permitted. We also look at other countries
point of view on same-sex adoption, especially in the West countries where legal
systems may be different. Therefore, the Adoption Act 1952 and the Registration of
Adoption Act 1952 that govern adoption procedures in Malaysia. These laws are
created to guarantee the safeguarding of the welfare and interests of children
throughout the adoption process. Since same-sex couples are not specifically
addressed by these statutes, their unions are not recognized legally and they are not
allowed to adopt children together. The current legal environment, which is shaped by
Islamic values, is one reason why same-sex adoption is not supported by the law.
Finally, in delving into the discussion on the issue of marriage of same gender in
Malaysia but unaware of the fact. As we already mentioned before, according to Law
Reform (Marriage and Divorce) Act 1976, it stated that marriages can only happen
between a man and a woman. So, this means that the law does not allow two men or
two women to get married. Furthermore, actions considered to be against the natural
order are illegal under Penal Code Sections 377A and 377B, which imposing severe
penalties. We also can seen how Malaysia takes matters related to LGBT seriously.
This can be seen in the case of Public Prosecutor v Dato' Seri Anwar bin Ibrahim &
Anor. The court accused Dato' Seri Anwar under carnal intercourse against the order of
nature with Azizan bin Abu Bakar. This accusation essentially means that they were
claiming Dato' Seri Anwar did something that was not allowed by the law. Now, let's
discuss what this accusation implies in the legal context. This specific charge falls under
Section 377B of the Penal Code in Malaysia, which addresses acts considered to be
against the natural order. The court's decision to charge Dato' Seri Anwar with this
offense reflects the seriousness of Malaysia treats action on same-sex relations.
Malaysia has specific rules about what kinds of relationships and marriage are
acceptable.