Strict gay sex laws in Malaysia which could result in caning, fines and jail times of up to seven months are being challenged for the first time in Malaysia. A Malaysian man, who was arrested in 2018 for allegedly attempting to have “intercourse against the order of nature” along with several other people, is challenging the accusations on the grounds they breach the Malaysian constitution.
Malaysia’s is a dual track legal system consisting of secular laws (criminal and civil) and sharia laws. The common law legal system, which was a result of colonisation by the British in the early 19th century to the 1960’s, forms the bulk of the legal system in Malaysia while sharia law plays a relatively small role in defining the laws of the country.
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