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MALAYSIA

Male to Male relationships: Not Legal
Punishments for male to male relationships: Imprisonment of 10 years or more
Female to Female Relationships: Not Legal
Marriage and Substitutes for Marriage: No law

Your Views

Are you LGBTI? We want to hear from you! Help us inform other users of the site with your views on this country. Below is a random question about this country. If it is relevant to you please answer it.

Have you undergone medical procedures in MALAYSIA for transition relating to gender identity?

The majority of people visiting this site have said No

Yes, and the treatment was excellent (33%) Yes, and the treatment was fair (0 %) Yes, and the treatment was poor (0 %) No (66%)

The MALAYSIA country survey is populated by LGBTI groups who have acted as liaisons with ILGA to identify issues affecting the LGBTI community.

Organizations were asked to discuss 4 broad subjects: the law, the mood (the social climate), the LGBTI movement as well as what would be, according to them, the most pressing campaign in their country.

Please write to countryreport@ilga.org if you have comments regarding this page.

LAW
What are the laws and policies like for LGBTI people in your country?

Male to Male Relationships

Are male to male sexual relationships legal?
Not Legal

If unclear, how so?
N/A

Was it illegal at any given time in your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
/1998

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
Penal Code (Consolidated version 1998)
Sections 377A, 377B, 377C, 377D

What is the full text of this law?
Unnatural Offences

Section 377A.
Carnal intercourse against the order of nature.

“Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.
Explanation:
Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.” 

Section 377B.
Punishment for committing carnal intercourse against the order of nature.

“Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.” 

Section 377C.
Committing carnal intercourse against the order of nature without consent, etc.

“Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.” 

Section 377D.
Outrages on decency.

“Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.” 

Moreover, several states in Malaysia have instated Islamic Sharia laws, applying to male and female muslims, criminalising homosexual and lesbian acts with up to three years imprisonment and whipping. The Sharia Penal law in the Malaysian state of Syriah prescribes penalties for sodomy (Liwat) and lesbian relations (Musahaqat) with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All these penalties can be combined.

What exactly is prohibited?
Oral or anal sex, acts of 'gross indecency' in public or private

What are the punishments?
Imprisonment of 10 years or more

Were there men in jail or punished for same sex activity in the last twelve months in your country?
N/A

Are hate crimes based on sexual orientation considered an aggravating circumstance?
N/A

Incitement to hatred based on sexual orientation is prohibited?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Female to Female Relationships

Are female to female sexual relations legal?
Not Legal

If unclear, how so?
N/A

Does the law applying for men also apply for women?
N/A

Was it illegal at any given time in your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
N/A

Were there women in jail or punished for same sex activity in the last twelve months?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Age of Consent

Are there any age of consent laws for straight men or women?
N/A

Are the age of consent laws different for straight women to those for men?
N/A

What is the age of consent for males?
N/A

What is the age of consent for females?
N/A

Is there a different age of consent law for lesbians and gay men to that for straight men and women?
N/A

Is there a different age of consent law for lesbians to that for gay men?
N/A

What is the age of consent for gay women?
N/A

What is the age of consent for gay men?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Was the age of consent different between LGBTI/Hetero people in any given time of your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Freedom of association, of expression

Does the country have laws protecting freedom of expression?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Does the country have laws protecting freedom of association?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Are public demonstrations (marches,protest,parades,etc) by sexual minorities permitted?
N/A

Were public authorities usually collaborative at last events?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Did recent events see episodes of violence?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Links related to this section
N/A

Uploaded documents for this section
N/A

Marriage and Substitutes for Marriage

Is there any type of legal recognition for same sex relationships?
N/A

What types of same sex partnerships are recognized?
No law

If unclear, how so?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the country recognize same sex partnerships or marriages when couples immigrate?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

LGBTI Families/Parenting

Can gay or lesbian individuals adopt children?
N/A

In which areas can individuals adopt?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Can same sex couples adopt children together?
No

In which areas can couples adopt?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is second parent adoption by same sex couples legal?
N/A

In which areas is second parent adoption legal?
N/A

Legal recognition of parental role of a non biological parent
N/A

In which areas?
N/A

What is the name of the law (chapter,section...) ?
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Lesbians can receive donor insemination services and fertility treatments
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of sexual orientation in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Are trade unions actively supporting LGBTI people in the country?
N/A

Laws banning discrimination on the basis of sexual orientation in social services
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Armed forces

Gay or lesbian able to serve in the armed forces
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Asylum and Immigration

Prohibition on entry into the country by LGB people
N/A

Country grants asylum on the basis of sexual orientation
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Blood donation

Is blood donation by men who have sex with men permitted?
N/A

Is blood donation by women who have sex with women permitted?
N/A

Is a man who’s had sex with another man banned from donating blood permanently?
N/A

Is a woman who’s had sex with another woman banned from donating blood permanently?
N/A

Is a man who’s had sex with another man banned from donating blood for a certain period of time?
N/A

How long is the ban?
N/A

Is a woman who’s had sex with another woman banned from donating blood for a certain period of time?
N/A

How long is the ban?
N/A

Does a law mention this?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the full text of this law?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
N/A

Do the same laws that ban homosexuality apply for trans individuals?
N/A

Laws prohibiting discrimination on the ground of gender identity
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is transgenderism classified as an illness?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Were there individuals in jail or punished for being transgender in the last twelve months in your country?
N/A

Is sex reassignment treatment and/or surgery under legal control?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your gender on official documents?
N/A

What are the requirements for one to change their gender?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your name on official documents?
N/A

What are the requirements to change your name?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of gender identity in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Laws banning discrimination on the basis of gender identity in social services
N/A

Trans individuals able to serve in the armed forces
N/A

Country grants asylum on the basis of gender identity
N/A

Does a law mention this?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Have the country’s citizens been granted asylum on the basis of gender identity?
N/A

Are hate crimes based on gender identity considered an aggravating circumstance?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

HIV/AIDS

What estimated percentage of the population is HIV+?
N/A

Compulsory testing for HIV
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can place people with HIV in quarantine
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can ban foreigners with HIV from entry
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can expel foreigners with HIV
Yes

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Antiretroviral drugs provided by the government
N/A

Please Specify
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

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