Kamis 21 Dec 2023 16:42 WIB

Does Fiqh for Female Compatible for Transgender ?

A man who changes his sex is still punished by a man.

Rep: Republika/ Red: Erdy Nasrul
Does the Female Fiqh Apply to Transgender Men? Photo: LGBT Illustration
Foto: MgRol112
Does the Female Fiqh Apply to Transgender Men? Photo: LGBT Illustration

REPUBLIKA.CO.ID, JAKARTA -- A man changes his genitals to a female (transgender), then does the female fiqh apply to him? For example, it is mandatory to cover the hair, or when it dies it is treated as a female corpse.

Muamalah fiqih expert who is also the founder of Muamalah Institute Indonesia, Muhammad Shiddiq Al Jawi explained that changing gender or being transgender is clearly the law in Islam is haram. Whereas if a man with perfect male genitalia (not a double gender or hermaphrodite or khuntsa) performs genital surgery to become a female, he is still punished as a male according to Islamic law.

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According to Shiddiq, this is based on the rule of fiqih Idza Saqatha al Ashlun Saqatha al Far'u (if the tree falls, the branch thing also falls). He explained that the main issue was the law of genital reassignment surgery itself. At issue is all the rights and obligations that result from the genital surgery. For example, the share of inheritance rights, the position in the prayer of worshippers, the obligation to close the aurat, the ordinance of the management of the corpse, and so on.

“So the clarity of gender is the main thing, so when a person is a man since childhood, that is the main thing. So he is punished as a man for various branch issues,” said Shiddiq Al Jawi in a virtual study organized by Ngaji Shubuh some time ago.

According to him, even if a man changes his genitals to a woman, the fiqh rules that apply to him in various matters are men.

Shiddiq Al Jawi further explains gender reassignment surgery such as a man who has perfect male genitalia (not a double gender or hermaphrodite or khuntsa) changing his sex to a female gender is legally haram and a great sin. According to him, the reason for the surprise is that in a genital reassignment operation for a man who has perfected his genitals, there is a change in God's creation (taghyir khalqillah), which has forbidden sharah as suggested in the letter An Nisa 119.

If men are forbidden to castrate, it is illegal to change sex to women. In addition, another reason for the harm is that genital reassignment surgery will be an intermediary to acts that have been forbidden by the Shara. For the Messenger of Allah (may Allah's peace and blessings be upon him) had cursed men who resembled women and cursed women who resembled men.

Shiddiq insists being treated male or female is an offshoot. Because the real question is whether or not to have a sex change operation. So the point is that gender reassignment surgery is illegal. Therefore, all branches of the law of the matter in question, namely the rights and obligations resulting from sex reassignment surgery, are also unlawful.

“Therefore, men who perform genital reassignment surgery to become women are not punished as women according to Islamic law. But he was still punished as a man, even though his physical appearance was already female-like,” he said.

Therefore, as a consequence of the law, Shiddiq explains that when a man who changes sex to a woman wears a dress, it is still mandatory that the clothing worn is male clothing, when praying, he must be in the male shaf, if he gets an inheritance he acquires a share of the male inheritance, and if he dies, the remains must be taken care of as the body of a man, it should not be taken care of as a female corpse and so on.

If a person is double married (hermaphrodite or khuntsa) then it is legally permissible to perform sex enhancement surgery just to confirm their gender. This is based on the generality of the postulates that advocate treatment. When gender enhancement surgery has been performed, and the person is clear or certain of his gender, then the person has sharia rights and obligations according to his or her new gender.

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