Sex Reassignment Technology: The Dilemma of Transsexuals in Islam and Christianity

It is to be noted that some authors do not distinguish between the intersex and transsexuals. We, however, agree with sociological configuration as advanced by social scientists. For example, see Sheik Mufti Allie Haroun 2008, 260.

Abraham carried out some kind of sex reassignment surgery in 1931 in Germany, followed by the case of a team of doctors having it done in 1953 in Denmark which has proliferated since then both in terms of research and currency at least in the developed and the developing worlds. See ibid, 4.

Ibid.

This section has been adopted from the above web page with minimal adaptation, see Ibid.

However, another procedure involves using a piece of the rectosigmoid colon instead of skin grafts, or inverted penile tissue. This technique allows for the creation of a deep and lubricated vagina but is a more invasive and dangerous procedure and rarely the technique of choice. See ibid.

The jurists discussed various rehabilitative measures which the state can initiate if such mukhannath people do not want to conform, such as exile, imprisonment. see al-Sarakhsi, al-Mabsut, 27:205; al-Shirbini, al-Mughni al-Muhtaj, 4: 192; al-Bahuti, Kashshaf al-Qinà, 6:128.

This is held by Ibn Taymiyyah who even doubted the permissibility of greeting them. See Ahmad ibn Abd al-Halim , Mujmuàt al-Fatawa (Beirut: Dar al-Kutub al-ìlmiyyah, n.d), 15: 321.

Al-Hattab, Mawahib al-Jalil, 3: 342. But this is not upheld by the majority. See Ibn Qudamah,al-Mughni, 11:36.

This held to be a ruling base on a Prophetic tradition. See Al-Tirmidhi, Muhammad ibn ìsa (1988), 4:62.

Anonymous lady medical doctor, Marad Idtirab Hawyah al-Jinsiyyah wa Àmaliyyat Tahwil al-Jins, accessed May 15, 2011, from http://​www.​amjaonline.​com/​ar_​f_​details.​php?​fid=​22813. Kamali seems to express similar sentiment by invoking some general provisions of the Quràn on human nature, human dignity, prohibition of oppressing other fellow humans and Islamic fraternity to address the legal limbo faced by the transgenders and transsexuals in Malaysia. Nevertheless, such a simplistic treatment of the issue cannot rebut the rigor of arguments by the opponents. See Kamali, Muhammad Hashim (2011).

Karimi Nia, Muhammad Mahdi (2011). It is to be noted that Imam Khumayni reportedly did not distinguish between psychological and biological transsexuals as he predicated his fatwa (verdict), 47 years ago, on the caveat, “a woman feeling trapped in the body of man or vise versa.” See Anonym, Àmalyat Taghyir al-Jins fi Iran, accessed May 29, 2011, from http://​transshelp.​blogspot.​com/​2009/​06/​blog-post_​28.​html.

The Fatwa of the Permanent Fatwa Committee of the Assembly of Muslim Jurists of America, accessed May 16, 2011, from http://​www.​amjaonline.​com/​en_​f_​details.​php?​fid=​21701. The same view was upheld by the Conference of Rulers in Malaysia in 1983 and Conference of Jurists in Al Azhar in 1988. See Anonymous, Gender Identity and Islam, accessed May 18, 2011, from http://​www.​safraproject.​org/​sgi-genderidentity.​htm.

Anonym, Àmalyat Taghyir al-Jins fi Iran, accessed May 29, 2011, from http://​transshelp.​blogspot.​com/​2009/​06/​blog-post_​28.​html.

I would rather die than be a man, says singer, April, 21, 2011, accessed May 27, 2011, from http://​thestar.​com.​my.

See Man seeks a woman’s name, May 26, 2011, accessed May 28, 2011, from http://​thestar.​com.​my. The courts even in the case of non-Muslim transsexuals have made conflicting decisions in Malaysia. For instance, the Court refused it in the case of Wong Chiou Yong v. Pendaftar Besar/Ketua Pengarah Jabatan Pendaftaran Negara, but allowed it in the case of J.G v. Pengarah Jabatan Pendaftaran Negara. Wong was born with two sex organs and registered as a female but according to psychiatrist was mentally a man and physically a woman. He changed his sex and wanted to alter his NICR but the court held that there is no law to re-register a transgender. Nevertheless, in the second case, where the plaintiff, a born male, became a female after sex reassignment was granted his plea as the court held that his appeal was supported by sufficient medical evidence. For full analysis, see JEFFREYJESSIE, RECOGNISING TRANSSEXUALS, November 17, 2005, accessed May 29, 2011, from http://​www.​malaysianbar.​org.​my/​.​.​.​/​jeffrey_​jessie_​recognising_​transexuals_​by_​honey_​tan_​lay_​ean.​html. The same position was reiterated by Justice Datuk Mohd Yazid Mustafa, in the case of Mohd Ashraf who after undergoing sex change operation wanted his name changed into Aleesha Farhana. Among others, He contended that “plaintiff did not satisfy three other criteria for being declared a woman—chromosome count, and exterior as well interior organs.” See FARIK ZOLKEPLI, “Man fails in bid to be legally declared a woman,” July 18, 2011, accessed on July 18, 2011, from http://​thestar.​com.​my/​.

Tasha was one of such case of cross-dresser in 2007. See Malaysia’s transsexual left in limbo, accessed May 28, 2011, from http://​beta.​dawn.​com/​wps/​wcm/​connect.​.​.​in-limbo-ss-07. According to Teh, more than half of male transsexuals, called Mak Nyahs in Malayisa “in spite of Welfare Department financial help for them to set up tailoring shops and beauty salons,” are involved in sex industry. See Ong Ju Lynn, Misconception About Transsexuals, October 2, 2000, accessed May 28, 2011, from, http://​thestar.​com.​my. To address these peoples predicament, local civil societies voice their protest under the name of safeguarding the right of sexual minorities. See Religious fundamentalisms in Muslim societies: the impact of the religious right on sexual and reproductive health and rights, accessed may 28, 2011, from http://​www.​thefreelibrary.​com/​Religious+fundam​entalisms+in+Mus​lim+societies%3A+the+impact+of​+the-a0219451132.