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Comparison of Syariah Laws that Criminalise Same-sex Relations by State

This resource compares the syariah laws the criminalise same-sex relations and acts across the different states in Malaysia.

Liwat

StateRelevant SectionDescriptionYearDefinition (pursuant to section 2 of the same enactment /act)
KelantanSection 14. LiwatAny person who willfully commits an act of liwat, which is not liable to the punishment of hadd according to Hukum Syarak, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and to six strokes of whipping.1985 
Liwat not defined
KedahSection 14. LiwatAny person who willfully commits an act of liwat shall be guilty of an offence and shall be liable, on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.1988 
An unusual sexual intercourse between a man and a man or between a man and a woman
MelakaSeksyen 56. LiwatAny person who wilfully commits liwat is guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding thirty-six months or both.1991 
Sexual relations (homosexual) between a man and a man;
PerlisSection 13. LiwatAny person who willfully commits an act of liwat shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.1992 
sexual intercourse between males or between a male and a female through the anus
Negeri SembilanSection 63. LiwatAny male person who commits an act of liwat with another male person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.1992 
Sexual relations between a man and a man
SabahSection 82. LiwatAny male person who wilfully commits an act of liwat shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.1995 
Sexual intercourse between a man and a man
Federal TerritorySeksyen 25. LiwatAny male person who commits liwat shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.1997 
Sexual relations between male persons
PenangSection 25. LiwatAny male person who commits liwat shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.1997 
Sexual relations between male persons
JohorSection 25. LiwatAny male person who commits liwat shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.1998 
Sexual relations between male persons
SarawakSection 22. LiwatAny man who commits liwat shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof2001 
Sexual relations between men

Musahaqah

StateRelevant SectionDescriptionYearDefinition (under section 2 of the same enactment / act)
KelantanSection 15. MusahakahAny woman who wilfully commits musahaqah with another woman shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding four months or to both. 1985

Musahaqah not defined
KedahSection 15. MusahaqahAny woman who wilfully commits musahaqah with another woman shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding four months or to both.1988 
Sexual intercourse between a woman and a woman
MelakaSeksyen 59. MusahaqahAny woman who wilfully commits musahaqah with another woman shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.1991 
Sexual (lesbian) relations between a woman and a woman;
PerlisSection 14. MusahaqahAny woman who wilfully commits musahaqah with another woman shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.1992 
 
Sexual intercourse between a woman and a woman
Negeri SembilanSection 64. MusahaqahAny female person who commits musahaqah with another woman shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.1992 
 
Sexual relations between a woman and a woman
PerakSection 53. MusahaqahA female person who wilfully commits musahaqah is guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.1993 
Sexual relations between a woman and a woman
SabahSection 77. MusahaqahAny woman who wilfully commits musahaqah with another woman shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.1995 
Sexual intercourse between a woman and a woman 
Federal TerritorySeksyen 26. MusahaqahAny female person who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.1997Sexual relations between female persons
PenangSection 26. MusahaqahAny female person who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.1997 
Sexual relations between female persons
JohorSection 26. MusahaqahAny female person who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.1998Sexual relations between female persons
TerengganuSection 30. Musahaqah.Any female person who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.2001 
Sexual relations between female persons
SarawakSection 23. MusahaqahAny woman who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof2001 
 
Sexual relations between women

Other provisions

StateRelevant SectionDescription YearDefinition (under section 2 of the same enactment / act)
SelangorSection 27. Sexual relations between persons of the same genderAny person who engages in a sexual act with another person of the same gender shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.1996

n/a
SelangorSection 28. Sexual intercourse against the order of natureAny person who performs sexual intercourse against the order of nature with any man, woman or animal is guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof. 1996Sexual intercourse against the order of nature not defined
Negeri SembilanSection 65. Sexual intercourse against the order of natureAny person who commits sexual intercourse against the order of nature with any man, woman or animal shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.  1992

Sexual intercourse against the order of nature not defined
SabahSection 76. Intercourse against the order of natureWhoever has sexual intercourse against the order of nature with any man, woman or animal, shall be liable to takzir and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to caning not exceeding six strokes or to any combination of such punishment. 1995

Sexual intercourse against the order of nature not defined
MelakaSeksyen 58. Perhubungan jenis luar tabiiAny person who commits sexual relations with a man, a woman or animal in a manner contrary to the order of nature (tabii) shall be liable to takzir and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or imprisoned for a term not exceeding thirty-six months or to caning not exceeding six strokes or any combination thereof..1991

A manner contrary to the order of nature is not defined
MelakaSeksyen 57. Percubaan liwatAny person who intentionally tries to commit liwat commits an offence and shall be liable, on conviction to a fine not exceeding five thousand ringgit or imprisoned for a term not exceeding thirty-six months or both. 1991

Liwat is not defined