Malaysia Separates Same Sex Couple

Soffian (R) was also ordered to change his name and sex status to the original in his birth certificate. (Reuters)

"The doctors, after doing a physical check on him, concluded he had the organs of a female," said Judge Che Saufi Che Husin.

He added that medical specialists found that Mohd Soffian Mohamad, who was born as Mazinah Mohamad, was not a man or even a hermaphrodite.

Malacca Hospital gynecologist Nor Hasinah Mohd Said had said that physical examination and chromosome and blood tests confirmed that Soffian was a woman.

Judge Che Saufi said the two specialists, the state National Registration Department director and several others who testified had proven beyond reasonable doubt that the defendant was a woman.

Based on that, the court ordered the separation of the defendant and Zaiton Aziz.

The couple married in 2002 in a ceremony performed by Bukit China mosque imam Ishak Juhi.

The Malacca Islamic Religious Department refused to register the marriage after the woman's family complained Soffian was a woman.

Same Sex

Judge Che Saufi said the woman testified she had never seen or touched her husband’s private parts and had taken him to be a man all along.

"This is astounding and illogical. It is abnormal to go through life as husband and wife as such."

The judge said that in medical terms the two partners were women, asserting that same-sex marriage is banned under Malaysia's Islamic Family Law.

He ordered their separation, effective immediately.

The judge also ordered Soffian to change his name and sex status to the original in his birth certificate.

The couple did not show any emotion and walked out of the courtroom separately.

Their lawyer said he would discuss with them whether they would appeal the sentence or not.

Islam prohibits same sex-marriage, homosexuality and lesbianism, and all means that lead to either of them.

Muslim Malays comprise about 60 percent of Malaysia’s 26 million people.