• A few fatwas in 1980s declared trans people as haram and prohibited gender affirmation surgeries for trans people. These fatwas on trans people form a skewed and negative view of trans people and act as a barrier for trans people to change their details in legal documents. In 2012, Mashitah Ibrahim, then minister at the prime minister’s department cited the 1983 fatwa in her response regarding change of gender marker in legal documents for trans people. “Seseorang yang dilahirkan lelaki, hukumnya tetap lelaki walaupun ia berjaya menukarkan jantinanya melalui pembedahan. Seseorang yang dilahirkan perempuan, hukumnya tetap perempuan walaupun ia berjaya ditukarkan jantinanya melalui pembedahan. … Jadi dalam hal ini, pihak pendaftaran terpaksa akur kepada keputusan Majlis Muzakarah Fatwa yang telah pun membuat hukum dalam masalah yang berkaitan”71 Section 27 (3) of the Registration of Births and Deaths Act 1957 if read broadly would allow for alteration and change of details in the birth certificate. However, there are no recorded or known successful cases. The process of changing name, gender, and gendered details in legal documents in Malaysia is complex, costly and is inconsistent with the available good practices. The process should be: • Dejudicialized. The process of changing details in legal documents is effectively an administrative process. In many countries, trans people are only required to go to a government agency, equivalent to the national registration department to submit their application to change the details in legal documents. The process varies according to countries, and the entire process takes between 8 days to 3 months to be completed.72 Personal identification documents should reflect one’s actual identity. Not only will this reduce trans people’s vulnerability and risks of discrimination, harassment, humiliation, and violence within the country and overseas; this also contributes to efficient data collection. • No medical intervention needed. In many countries requesting for medical documents as evidence of gender identity is prohibited. Principle 3 of the Yogjakarta Principles, a set of international human rights principles in relation to sexual orientation, gender identity, and sex characteristics, explicitly states all persons are entitled to recognition equal before the law and no medical intervention should be required for legal recognition of individuals.73 71 Dewan Rakyat Parlimen Kedua Belas Penggal Kelima Mesyuarat Kedua, Bil 28, 19 June 2012 http:// www.parlimen.gov.my/images/webuser/jkuasa%20lamp/DR-19062012.pdf 72 License to Be Yourself: Laws and Advocacy for Legal Gender Recognition of Trans Peoplehttps:// www.opensocietyfoundations.org/reports/license-be-yourself 73 The Right to recognition before the law. Everyone has the right to recognition everywhere as a person before the law. Persons of diverse sexual orientations and gender identities shall enjoy legal capacity in 28 | Report On Transgender Persons In KL And Selangor