The name is preferred by Malaysian trans women as opposed to various derogatory terms (namely, pondan and bapok), which were previously used by Sarawakians when referring to transsexuals and cross-dressers. These are also considered slurs, which are variously directed to gay men as well as transgender individuals. Though less used, the term pak nyah is sometimes used for trans men, and the hybrid term mak-pak nyah for all transgender individuals.
Origins and definition of the term
Mak nyah is formed from the word mak, meaning 'mother', and nyah, meaning 'transition' (literally, 'to run from'). Khartini Slamah describes how the term arose in the transgender community: "[F]irst, [as] a desire to differentiate ourselves from gay men, transvestites, cross-dressers, drag queens, and other 'sexual minorities' with whom all those who are not heterosexual are automatically lumped, and second, because we also wanted to define ourselves from a vantage point of dignity rather than from the position of derogation in which Malaysian society had located us Slamah then goes on to explain that the term mak nyah does not necessarily refer to a MTF trans woman who has undergone sex reassignment surgery (SRS): "[M]ak Nyahs define themselves in various ways along the continuums of gender and sexuality: as men who look like women and are soft and feminine, as the third gender, as men who dress up as women, as men who like to do women's work, as men who like me, etc."
The mak nyah community in Malaysia experiences heavy discrimination, including discrimination in employment, housing and health care. In 2010, the governments of the United Kingdom and Australia recognised Malaysian transgender asylum seekers, in response to the persecution and discrimination that they face in Malaysia.
Malaysian courts have issued ambiguous messages as to whether a transgender individual's preferred gender identity or their birth sex should appear on their ID cards (My Kad). For example, in Wong's case, the judge of the High Court of Ipoh upheld the refusal of the national Registration Department to amend or correct the Birth Certificate and National Registration Identity Card of the claimant who was a transsexual man. However, in J.G.'s case, a judge of the High Court of Kuala Lumpur, in dealing with a case which shared many similarities with Wong's case, decised that the claimant's ID card be amended to acknowledge her gender identity.
Under Section 21 of the Minor Offences Act 1955, mak nyah can be charged for indecent behaviour for dressing as women, and Section 28 of the Syariah Criminal Offences (Federal Territories) Act 1997 prohibits any male person from wearing a woman's attire in a public place and posing as a woman for "immoral purposes". Such a charge usually results in a small fine of RM25–50.
In 1983, the Malaysian Conference of Rulers issued a fatwa which ruled that sex reassignment surgery should be forbidden to all except intersex people, on the basis that any other surgery was against Islam, as Islam only permits khunsa (intersex people) to undergo a sex change operation. Sunni Islam forbids males from cross-dressing, wearing make-up, injecting hormones to enlarge their breasts, and undergoing sex change operations. Research shows that 78% of mak nyahs would prefer to have a sex change operation if their religion permits them to do so.
As the majority of mak nyah are Malay Muslims, they can be further charged by a sharia court, for which there is a fine of RM800–3000. Laws such as these have been used by the Malaysian religious authorities (the Jabatan Hal Ehwal Agama Islam Negeri Sembilan) to oppress the mak nyah community, through raids, interrogation, violence and detention.
In addition, having SRS also causes a problem in terms of Islamic burial rites, which state that only a woman may be permitted to bath the body of a woman. This does not include mak nyah individuals, even if they have undergone SRS. However, maknyah individuals who underwent SRS could not be bathed by a man either.
Teh Yik Koon wrote research documents on the mak nyah, including a 1998 study and a 2002 book called The Mak Nyahs. Andrew Hock Soon Ng, the author of "The Politics of Reclaiming Identity: Representing the Mak Nyahs in Bukak Api," wrote that the book was "the most extensive scholarly work" on the mak nyahs.
The 2000 documentary Bukak Api is about Mak nyah.
- Caesar DeAlwis; Maya Khemlani David. "LANGUAGE AND IDENTITY OF MALAY TEENAGE MAK NYAH (TRANSVESTITES) IN KUCHING" (PDF). repository.um.edu.my. Retrieved 1 February 2015.
- "The Mak Nyahs of Malaysia: Testimony of Four Transgender Women" (PDF). equalrightstrust.org. Equal Rights Trust. Retrieved 1 February 2015.
- Tan Lay Ean, H., Jeffrey Jessie: Recognising Transsexuals, The Malaysian Bar, 17 November 2005
- Slamah, K., The Struggle to Be Ourselves, Neither Men Nor Women: Mak Nyahs in Malaysia, in Misra, G. and Chandiramani, R. (eds.), Sexuality, Gender and Rights: Exploring Theory and Practice in South and South East Asia, SAGE, 2005, p. 99-100
- Teh 2002.
- "Trans Woman wins Asylum Claim". International Lesbian, Gay, Bisexual, Trans and Intersex Association. 27 July 2010.
- "Malaysian transsexual given refugee status in Australia". Fridae.asia. 2 May 2010.
- Wong Chiou Yong v Pendaftar Besar/Ketua Pengarah Jabata Pendaftaran Negara  1 CLJ 622.
- J. G. v Pengarah Jabatan Pendaftaran  4 CLJ 710.
- Teh 2002, p. 147.
- Teh 2002, p. 101.
- Teh & 1998 165.
- Hock, Andrew Soon Ng. "The Politics of Reclaiming Identity: Representing the Mak Nyahs in Bukak Api" in Pullen, Christopher (2012). LGBT Transnational Identity and the Media. Springer. ISBN 978-0-230-37331-0., page 138.
- Pullen, Christopher (2012). LGBT Transnational Identity and the Media. Springer. ISBN 978-0-230-37331-0.
- Teh, Yik Koon (1998). "Understanding the Problems of Mak Nyahs (Male Transsexuals) in Malaysia". South East Asia Research. 6 (2).
- Teh, Yik Koon (2002). The Mak Nyahs: Malaysian Male to Female Transsexuals. Eastern Universities Press. ISBN 978-981-210-209-6.
- Slamah, Khartini (2005). Misra, Geetanjali; Chandiramani, Radhika, eds. "The Struggle to be Ourselves, Neither Men or Women: Mak Nyahs in Malaysia". Sexuality, Gender and Rights: Exploring Theory and Practice in South and Southeast Asia. New Delhi ; Thousand Oaks, Calif. ; London: Sage: 98–112. ISBN 0-7619-3402-2.