36. However, in the case of ZI Publications Sdn Bhd & Anor v. Kerajaan Negeri Selangor (Kerajaan Malaysia & Anor, Intervener)47, the Federal Court in its conclusion states that “Muslim in Malaysia is not only subjected to the general laws enacted by Parliament but also to the state laws of religious nature enacted by Legislature of the state. This is because the Federal Constitution allows the Legislature of a state to legislate and enact offences against the precepts of Islam. Taking the Federation as a whole, it is clear that it was the intention of the framers of the Constitution to allow Muslims in this country to be also governed by Islamic personal law. Thus, a Muslim in this country is therefore subjected to both the general laws enacted by Parliament and also the state laws enacted by the Legislature of a state”. Nevertheless, the argument on the validity of laws passed at the state or federal level should be determine by the judicial pronouncement/system. The Syariah Laws 37. As provided in the Article 74(2) of the Federal Constitution that “without prejudice to any power conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List”, which this include matters related to precepts of religion of Islam. 38. It is also important to highlight that Article 74(3) of the Federal Constitution provides that “the power to make laws conferred by this Article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this constitution”. 39. Equally important is to note that each state in Malaysia has their own Syariah laws which penalised the behaviour of “cross dressing”, “non-binary identities and expressions” and other acts which are seen as not in line with Islamic teachings which only apply to a Muslim. These laws are listed below48: 47 48 20 STATE RELATED SECTION Enakmen 4 Tahun 1992, Enakmen Jenayah Syariah Negeri Sembilan 1992, Bahagian IV – Kesalahan “Section 66 – Lelaki berlagak seperti Perempuan/ Male person posting a woman” Enakmen 9 tahun 1988, Enakmen Kanun Jenayah Syariah 1988 (Negeri Kedah), Bahagian II, Kesalahan-kesalahan “Section 7 – Pondan” [2016] 1MLJ 153 https://justiceforsisters.wordpress.com/laws/ (accessed on 16 May 2016) | Report On Transgender Persons In KL And Selangor