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H.  21 Muharram 1436 No: HTM/PR/106/14
M.  Friday, 14 November 2014
Press Release
Transgenders Granted Rights: Proof of the Constitution's Supremacy over Islam!

This court ruling, despite being in contradiction to Islam, is not surprising. The secular nature of this state, which separates religion from life, requires that the judges make their decision based on man-made-laws and they justified the verdict without Islam ever being considered. A transgender is a person appearing or attempting to be a member of the opposite sex, either as a trans-sexual or habitual cross-dresser, or both. Islam strictly prohibits transgender. In many narrations, Rasulullah (saw) cursed men who acts like women and this filthiness shall have to be punished by way of ta'zeer.

Among them,

«لَعَنَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمُخَنَّثِينَ مِنْ الرِّجَالِ وَالْمُتَرَجِّلاَتِ مِنْ النِّسَاءِ»

"Rasulullah (saw) cursed the men who act like women and women who act like men" [Narrated by Bukhari].

Despite the cordiality of liberal groups, others express anger and dissatisfaction with the court's decision. This anger is well-understood, but it is unfortunate that the focus of the dissatisfaction is based only on the "decision" but disregards the institution of law itself and the system behind it. The decision was based on the principles of freedom enshrined in the Malaysian Federal Constitution created by the Kuffar colonialists that was chaired by Lord Reid prior to Malaysian independence.

Under the Constitution, Malaysia practices a dualistic legal system and this decision is a clear proof that the civil court reigns supreme over the Shariah court, hence, a civil court judge may not only invalidate the decision of the Shariah court, but also the Laws of Allah (swt)!! This is the interpretation of the judges of the Court of Appeal in respect to the meaning of freedom within the Constitution which implies that there must also be freedom to transgress the orders of Allah's (swt)!

The Malaysian government pretends that it opposes liberalism, while at the same time it strongly holds on to democracy whose backbone is liberalism! Indeed, liberalism and democracy bear nothing but evil. The court's recognition of the transgenders' rights is merely a small piece of systemic blemish emerging out of this corrupt system. Thus, there is no other way to the right path except by eliminating this Western-made-system and replace it with Allah's system under the shade of the Islamic State (Khilafah "Caliphate") that will drive human beings to the guided truth and their true nature, away from all evil and wickedness.

 Abdul Hakim Othman
Head of the Media Office of Hizb ut Tahrir
in Malaysia

Hizb-ut Tahrir: Media office
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