Proceedings of the 3rd International Conference on Law and Digitalization 2023 (ICLD 2023)

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Rights and the Proportionality of Punishments on Homosexual Relations in Malaysia

Authors
Qian Hua Lee1, Gary Kit Min Ng2, *, Eng Siang Tay3
1Student Researcher, FacultyofLaw, Multimedia University, Jalan Ayer Keroh Lama, 75450, Melaka, Malaysia
2Lecturer, FacultyofLaw, Multimedia University, Jalan Ayer Keroh Lama, 75450, Melaka, Malaysia
3Senior Lecturer, FacultyofLaw, Multimedia University, Jalan Ayer Keroh Lama, 75450, Melaka, Malaysia
*Corresponding author.
Corresponding Author
Gary Kit Min Ng
Available Online 5 December 2023.
DOI
10.2991/978-2-38476-154-8_8How to use a DOI?
Keywords
Section 377A of the Penal Code; Homosexual; Constitutional Rights; Islamic Perspective; Human Rights
Abstract

The protection of human rights of LGBTQ+ people is a relatively new topic in international human rights law in this digital era. Over the years, in the context of sexual acts against the order of nature and emerging Islamic practice, engaging in homosexual behaviour is considered a crime punishable under the law, whereby people in the LGBTQ+ were being discriminated and attacked by the community. Hence, with the calls for gender equality and human rights, this paper focuses on the debate about human rights in homosexual relations, which is gay or lesbian. The research methodology adopted is doctrinal legal research. This paper intends to examine the existence of equal rights given towards homosexual community, and the proportionality of punishments on homosexuality in Malaysia from the secular civil law and Islamic Law perspectives. Besides, a comparison is made between Malaysia and some other selected Asian countries and from the psychological view and health conditions with recommendation to protect the rights of this group as a conclusion.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law and Digitalization 2023 (ICLD 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
5 December 2023
ISBN
978-2-38476-154-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-154-8_8How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Qian Hua Lee
AU  - Gary Kit Min Ng
AU  - Eng Siang Tay
PY  - 2023
DA  - 2023/12/05
TI  - Rights and the Proportionality of Punishments on Homosexual Relations in Malaysia
BT  - Proceedings of the 3rd International Conference on Law and Digitalization 2023 (ICLD 2023)
PB  - Atlantis Press
SP  - 133
EP  - 143
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-154-8_8
DO  - 10.2991/978-2-38476-154-8_8
ID  - Lee2023
ER  -