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
| State | Relevant Section | Description | Year | Definition (pursuant to section 2 of the same enactment /act) |
| Kelantan | Section 14. Liwat | Any 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 |
| Kedah | Section 14. Liwat | Any 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 |
| Melaka | Seksyen 56. Liwat | Any 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; |
| Perlis | Section 13. Liwat | Any 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 Sembilan | Section 63. Liwat | Any 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 |
| Sabah | Section 82. Liwat | Any 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 Territory | Seksyen 25. Liwat | Any 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 |
| Penang | Section 25. Liwat | Any 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 |
| Johor | Section 25. Liwat | Any 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 |
| Sarawak | Section 22. Liwat | Any 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 thereof | 2001 | Sexual relations between men |
Musahaqah
| State | Relevant Section | Description | Year | Definition (under section 2 of the same enactment / act) |
| Kelantan | Section 15. Musahakah | Any 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 |
| Kedah | Section 15. Musahaqah | Any 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 |
| Melaka | Seksyen 59. Musahaqah | Any 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; |
| Perlis | Section 14. Musahaqah | Any 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 Sembilan | Section 64. Musahaqah | Any 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 |
| Perak | Section 53. Musahaqah | A 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 |
| Sabah | Section 77. Musahaqah | Any 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 Territory | Seksyen 26. 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. | 1997 | Sexual relations between female persons |
| Penang | Section 26. 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. | 1997 | Sexual relations between female persons |
| Johor | Section 26. 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. | 1998 | Sexual relations between female persons |
| Terengganu | Section 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 |
| Sarawak | Section 23. Musahaqah | Any 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 thereof | 2001 |
Sexual relations between women |
Other provisions
| State | Relevant Section | Description | Year | Definition (under section 2 of the same enactment / act) |
| Selangor | Section 27. Sexual relations between persons of the same gender | Any 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 |
| Selangor | Section 28. Sexual intercourse against the order of nature | Any 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. | 1996 | Sexual intercourse against the order of nature not defined |
| Negeri Sembilan | Section 65. Sexual intercourse against the order of nature | Any 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 |
| Sabah | Section 76. Intercourse against the order of nature | Whoever 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 |
| Melaka | Seksyen 58. Perhubungan jenis luar tabii | Any 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 |
| Melaka | Seksyen 57. Percubaan liwat | Any 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 |
