Transgender woman in Kelantan 1st person in M'sia history to be charged for sex reassignment

The state of Kelantan in Malaysia has recorded what is believed to be the country's first prosecution under a state Syariah law criminalising gender transition, after a trans woman was charged in the Kota Bharu Syariah Court last month in January 2026.

The case marks the first known instance of an individual being taken to court for an offence related to changing one’s gender.

First charge under Kelantan’s gender transition provision

An anonymous source familiar with the matter told Malaysiakini the woman was arrested earlier this year in 2026 during an operation carried out by the Kelantan Islamic Affairs Department (JAHEAIK), at an event involving a group of transgender individuals.

Prosecution was subsequently initiated at the Kelantan Syariah Court in Kota Bharu, where the accused pleaded not guilty.

The case is reportedly at the case management stage, framed under Section 18 of the Syariah Criminal Code Enactment (I) 2019, which criminalises changing one’s own gender or that of another person.

Under the enactment, the offence carries a punishment of up to RM3,000 (S$970) fine, two years’ imprisonment, or both.

The accused declined to comment when contacted by Malaysiakini.

Concerns over impact on transgender communities

Justice for Sisters (JFS) co-founder Thilaga Sulathireh, who has been monitoring developments in Kelantan, told Malaysiakini she was not aware of similar prosecutions elsewhere in the country.

She added that Kelantan appears to be the only state with a specific provision criminalising gender reassignment.

Thilaga warned that laws criminalising gender transition can have far-reaching consequences for transgender individuals, including increased vulnerability to harassment and violations of privacy.

She said such provisions may also discourage the availability of trans-specific healthcare services at the state level.

Kelantan officials declined to disclose details

Kelantan executive councillor for Islamic affairs Asri Mat Daud said his office was unable to publicly provide further information about the prosecution.

“I do not have complete information, and there are issues that cannot be openly disclosed… I need to safeguard all parties who are facing action.”

The case was also not officially made public, reported The Rakyat Post, consistent with the state’s approach to Syariah-related prosecutions.

Kelantan is known for its conservative stance on LGBTQ+ issues, which remain highly sensitive in the state, Malaysiakini reported.

Malaysia’s National Fatwa Council issued a ruling in 1983 stating that sex reassignment surgery is forbidden for Muslims, maintaining that a person’s legal gender remains unchanged even after surgery, except in cases involving intersex individuals.

Federal push for stricter laws

At the federal level, authorities have also signalled interest in strengthening Syariah laws related to gender transition.

In 2021, then-deputy minister Ahmad Marzuk Shaary suggested that gender change should be classified as a specific Syariah offence nationwide.

The prosecution also comes amid wider legal debate over the scope of Kelantan’s Syariah enactments.

In February 2024, Malaysia’s Federal Court struck down 16 provisions in Kelantan’s Syariah, criminal code as unconstitutional, according to The Rakyat Post, ruling that the state legislature had exceeded its powers under the Federal Constitution.

The then Chief Justice stressed that the decision did not undermine Islam’s position, but instead concerned constitutional limits on state lawmaking.

Top images via JabatanKehakimanSyariahNegeriKelantan/Facebook, Canva