Malaysia

Malaysia’s federal penal code criminalizes same-sex conduct between men and between women, on the basis of colonial-era “unnatural offenses” and public morality provisions. Consensual same-sex relations between men carry a hefty maximum sentence of 20 years imprisonment and whipping. Similar to its commonwealth counterparts, the law is rarely used to formally prosecute individuals, but rather as a tool to harass, undermine, and stigmatize people who identify as or are perceived to be queer.

State Shariah enactments further criminalize consensual same-sex intimacy and gender diversity with sentences that include public caning and imprisonment, although one such state law was struck down in 2021 on the grounds that Malaysia’s constitution only allows states to legislate on certain aspects of criminal law. State Shariah provisions that criminalize transgender and gender-diverse people are routinely used to harass and intimidate them. These provisions were challenged in 2011, and a Court of Appeal ruling recognized that the state Shariah provisions were inconsistent with constitutional protections; however, the case was dismissed at the Federal Court on a technicality.

Changes of gender markers on identification documents have only been permitted through isolated court decisions, which tend to rely on the archaic medical model, requiring the certification of medical experts and proof of gender affirmation surgery. This can be seen in the landmark cases of JG v. Pengarah Jabatan Pendaftaran Negara 2005 [HCKL], where the change of the last digit in the identity card was allowed to reflect the plaintiff’s gender. Other factors, such as state Shariah and fatwas, widen the barriers to legal gender recognition. State-sponsored conversion practices are also used in an attempt to eliminate transgender identities.

Police powers are wide, and raids are often used as tools to intimidate queer people through public morality laws, minor offenses laws, and state Shariah enactments, or under the guise of reasonable suspicion to search without warrants. In September 2018, two women were publicly caned for “attempted” same-sex conduct. In November 2025, the Kuala Lumpur Police Department, together with the Federal Territories Islamic Department (JAWI), raided a wellness center for men, detaining over 200. Another police raid took place in Penang the next day, resulting in the arrest of 13 individuals on suspicion of engaging in same-sex activities. These events highlight the increased scrutiny of queer community spaces in Malaysia.

Since 2018, authorities have been blocking foreign, English-language LGBTIQ websites and webpages. Lesbian, bisexual, and queer women and nonbinary people in the country are subjected to various forms of online gender-based violence, with 56 of 116 respondents to an Outright survey experiencing online sexual harassment.