16-7-2023 (KUALA LUMPUR) “We said yes!” former lawmaker Yap Soo Huey enthusiastically announced last month on Facebook, revealing her engagement in Penang to her Atlanta-based partner. Her joyous post highlights the growing trend of Malaysians in same-sex relationships leaving the country to escape condemnation from conservative factions.
Malaysia, despite its diverse population, does not recognize same-sex marriage. A relic colonial law also criminalizes consensual homosexual acts. Like its Muslim-majority neighbors Indonesia and Brunei, Malaysia prohibits civil marriages between Muslims and non-Muslims.
These restrictions confront couples with difficult choices: convert, conceal relationships, separate, or emigrate. Yap, former Pulau Tikus constituency representative, departed for America in 2018 after finishing her term.
Nevertheless, her post sparked controversy as Malaysia approaches state elections. Penang’s Islamic authorities threatened legal action against the couple, arguing Malaysian law prohibits “LGBT activities” even though they lack jurisdiction over non-Muslims and non-citizens abroad.
“Relevant laws will address this if validated,” stated religious committee chairman Ahmad Zakiyuddin Abdul Rahman.
In response, Democratic Action Party women’s leader Chong Eng declared Yap an “independent person entitled to her decisions” who left Malaysia some time ago.
“She made her own choice. Don’t politicize this,” Chong asserted.
DAP competes against the conservative Perikatan Nasional coalition, backed by Islamist party PAS, which draws support from the largely traditional Malay-Muslim electorate comprising 60% of voters.
Experts suggest the episode demonstrates the rising power of religious lobbying steering Malaysia toward greater conservatism rather than increased social liberties.
Some hoped Prime Minister Anwar Ibrahim’s diverse post-election coalition might reverse the tide of religious orthodoxy. However, critics accuse Anwar of pandering to Malay-Muslim politicians.
With state polls imminent, Anwar’s administration allegedly drifts further right to capture Malay ballots, permitting Islamic authorities unwarranted influence over non-Muslim citizens’ private lives.
Last June, Anwar vowed expanded powers for the nation’s Islamic bodies to “enhance dignity and status” and “nurture true Islamic values.”
This trajectory distresses couples like “Sally” and “Syafiq,” who used pseudonyms fearing backlash. After six years together, the Malaysian-Chinese Christian and Malay Muslim flew overseas to marry, unable to in Malaysia unless Sally converted, which Syafiq refused to demand.
Realizing the futility of registering their marriage in Malaysia, the video producer and communications professional wed abroad planning to eventually leave the country. “It’s home…but more accepting places exist,” Syafiq remarked.
Malaysia’s sharia courts govern Muslim family matters like divorce, restricting interfaith unions. Muslims cannot marry non-Muslims, who must convert, entrapping some in Islam after divorcing.
“Maria,” an ethnic Chinese Christian who converted to marry her Malay partner before their swift divorce, criticized the “macabre injustice” of being unable to fully leave Islam. Dating non-Muslims is also complicated since they must convert. Even in death, Maria’s body must conform to Islamic burial rituals against her actual faith.
Advocates urge reexamining laws conflicting with constitutional religious freedom guarantees. But Malaysians like Sally and Syafiq wait in hope, dreaming of one day returning home to live freely together.
