Tuesday September 4, 2007
Marriage void, rules court
MALACCA: The Lower Syariah Court here has ordered the separation of a couple after ruling their marriage void because the “man” does not have male organs.
Judge Che Saufi Che Husin said Mohd Soffian Mohamad, 40, who was born as Mazinah Mohamad from Klebang Besar near here, failed to prove that he was a man or a hermaphrodite.
Examinations on Mohd Soffian by two medical specialists were comprehensive and found that he did not have male genitals, he said.
Mohd Soffian married Zaiton Aziz, 43, in a ceremony performed by Bukit China mosque imam Ishak Juhi on Dec 27, 2002 but the Malacca Islamic Religious Department did not register the marriage after the woman's family complained that Mohd Soffian was a woman.
Che Saufi said the witnesses, including the two specialists from a government hospital, state National Registration Department director and several others who testified had proven beyond reasonable doubt that defendant Mohd Suffian was a woman.
“The doctors, after doing a physical check on him, concluded he had the organs of a female,” he said.
Che Saufi said it was illegal (haram) to have a same-sex marriage and hoped it would be an example for future Syariah cases.
He ordered the annulment to take effect immediately, and the name and sex status of Mohd Suffian changed to the original in his birth certificate.
He gave both parties 14 days in case they wanted to file an appeal.
After the verdict was read out, the couple did not show any emotion and were silent as they walked out of the courtroom separately.
Their defence lawyer, when asked if they would proceed with the appeal, said he would have to discuss with them first before taking the next step.