These days more and more the phenomenon of transvestites who roam the streets for the singing, especially in the urban world, even among those who desecrate Muslim attributes using the veil of all. Also, ironically, on our television media seemed to just come and socialize animate the effeminacy behavior in various talk show programs, parody and humor. It will certainly contribute to the legitimacy and figures that can be replicable community to push sex or even a change of orientation and sexual disorders. How is the Islamic view that transgender issues and how the law and a sex change sex change and the role of medical doctors and in this case. What legal consequences of genital alteration is related to division of inheritance for example, worship and social interaction.
Islamic Shari'a should be itemized and background issues. In the In essence, the issue of gender confusion or commonly referred to as transgender or transseksualism symptom is a symptom of dissatisfaction with someone because they feel the lack of correspondence between the physical and psychological or sex with a dissatisfaction with the genitals they have. His expression could be in the form of makeup, makeup, style and behavior, even to the sex change operation (Sex Reassignment Surgery). In the DSM (Diagnostic and Statistical Manual of Mental Disorder) - III, the deviation is known as gender also dysporia syndrome. Diversion is divided into several subtypes include transsexuals, a-sexual, homosexual, and heterosexual.
These days more and more the phenomenon of transvestites who roam the streets for the singing, especially in the urban world, even among those who desecrate Muslim attributes using the veil of all. Also, ironically, on our television media seemed to just come and socialize animate the effeminacy behavior in various talk show programs, parody and humor. It will certainly contribute to the legitimacy and figures that can be replicable community to push sex or even a change of orientation and sexual disorders. How is the Islamic view that transgender issues and how the law and a sex change sex change and the role of medical doctors and in this case. What legal consequences of the changing tools such as Calamine concerning the division of inheritance, worship and social interaction.
In essence, the issue of gender confusion or commonly referred to as transgender or transseksualism symptom is a symptom of dissatisfaction with someone because they feel the lack of correspondence between the physical and psychological or sex with a dissatisfaction with the genitals they have. His expression could be in the form of makeup, makeup, style and behavior, even to the sex change operation (Sex Reassignment Surgery). In the DSM (Diagnostic and Statistical Manual of Mental Disorder) - III, the deviation is known as gender also dysporia syndrome. Diversion is divided into several subtypes include transsexuals, a-sexual, homosexual, and heterosexual.
Transsexuals signs that can be traced through the DSM, such as: feeling uncomfortable and dissatisfied with one of his sexual anatomy; hope to change sex and living with other sex; experienced continuous shaking for at least two years and not just when come stress; the physical appearance of intersex or genetic abnormalities, and mental disorders can be found such as schizophrenia which is according to JP Chaplin in the Dictionary of Psychology (1981) a kind of psychotic reactions characterized by symptoms including self confinement, interference with life and emotional and affective behavior negativism.
Transsexual may result from congenital factors (hormones and genes) and environmental factors. Environmental factors, including education on childhood wrong with letting the boys grow in the behavior of women, during puberty with homosexual disappointed and trauma, the trauma of sexual intercourse with a boyfriend, husband or wife. Necessary to distinguish the causes of psychiatric and congenital transsexuals.
In the case of transsexuals because of aberrant hormone balance (the default), balancing the hormonal condition of a biological tendency to close the gender can be done. They are actually normal to not having genetical or hormonal abnormalities and have a tendency to look the opposite sex just to indulge in psychological impetus and passion is something that is distorted and not justified according to Islamic law.
As a sex law in the modern medical world recognized three forms of genital surgery are: (1) sex change operation, carried out against those who from birth have a normal sex; (2) Operation repairs or improvements made sex against any person who since birth has genital defects, such as pecker (penis) or the vagina is not perforated or not perfect.; (3) Operation disposal one of the genital double, conducted on someone who was born with two organs / sex (penis and vagina)
First: The Problem of a person born in a perfectly normal condition and sex organs of the penis (dzakar) for men and the vagina (farj) for women who are equipped with a uterus and ovaries are not permitted and forbidden by Islamic law to perform genital surgery. Assessment of this unlawful decision of a fatwa in accordance with Indonesian Ulema Council (MUI) in the Second National Congress in 1980 about Operation Changes / Improvements sex. According to the MUI fatwa was even changed the original sex normal sex legal status equal to the original sex before changed.
The fiqh scholars such legal provisions based on the arguments that: (1) the word of Allah in surah Al-Hujurat paragraph 13 which according to the book of Tafsir Tabari teach principles of equality (justice) for all human beings before God and their legal each has determined the sex and the provisions of this God must not be changed and one must live their lives according to their nature; (2) the word of God, in the letter an-Nisa 'verse 119. According to the books of Tafseer commentators like Tabari, Al-Shawi, Al-Khazin (I/405), Al-Baidhawi (II/117), Zubat al-Tafsir (hal.123) and al-Qurtubi (III/1963 ) mentioned some human actions are forbidden because of including "changing God's creation" as referred to in the above paragraph is like a castrated man, homosexual, lesbian, connect with the hairpiece hair, pangur and bun, tattooing, eyebrow hairs and curry takhannus (a man dressed and behave like a woman like a drag queen and vice versa); (3) The hadith of the Prophet.: "God curse the tattoo artisans, who requested tattoo, which eliminate the eyebrows, and the people who cut (pangur) teeth, which is all to the beauty with changing God's creation. "(Narrated by al-Bukhari); (4) Hadith of the Prophet.:" God curse men who resemble women and women who resemble men. "(Narrated by Ahmad). Therefore, this case is rooted in mental health treatment rather than by changing the creation of God but through spiritual and psychological approaches (spiritual and psychological therapy).
Second: Operation tashih sexual nature or takmil (repairs or improvements) and not a replacement of the sexes according to the scholars permitted by Shari'a law. If someone does not have sex hole that serves to remove the urine and semen both penis and vagina, the surgery to repair or improve it allowed even encouraged to become sexually normal because this disorder is a disease to be cured.
The scholars such as Muhammad Hasanain Makhluf (Egyptian cleric character) in his book Shafwatul Bayan (1987:131) gives this argument that people born with abnormal genitalia may experience psychological and social disorders that can be marginalized and alienated themselves from normal social life and sometimes find their own way, as prostituting themselves to be transsexual or homosexual and lesbianism. All the action was condemned by Islam because of the hadeeth of the Prophet.: "God and the apostles condemn homosexuals" (HR.al-Bukhari) In order to avoid this, repair or improvement operations may be gender based on the principle "Mashalih Mursalah 'because fiqh rule states" Adh-Dhararu Yuzal "(The danger must be removed) that according to Imam ash-Syathibi avoid and eliminate hazards, including a benefit that encouraged the Islamic Shari'a. This is in line with the hadith of the Prophet.: "Seek medical treatment, O slaves of Allah! Because Allah does not hold unless the disease is also a cure, except for one disease, namely old age diseases. "(Narrated by Ahmad).
If someone has a double genitals, which also has a penis and vagina, to clarify and functioning optimally and definitively one of his genitals, he may do surgery to 'turn off' and remove one of his genitals. For example, if someone has a penis and vagina, whereas in parts of the body and genitals have a uterus and ovaries that characterizes the main specification and female sexes, then it may operate on his penis and vagina for the proper functioning thus confirming its identity as a woman. This is recommended because of the presence of a penis Shari'a (dzakar) is different from the situation and it can interfere with self harm in terms of religious law because the rights and obligations categorized difficult to determine whether female or male and in terms of social life.
To eliminate the harm (hazard) and mafsadat (damage), according to Makhluf and Syalthut, Islamic law allows and even suggested to remove the penis as opposed to the genitals. Therefore, genital surgery done in this case must be consistent with part of his genitals. If someone has a penis and vagina, whereas in the interior of the uterus and ovaries there, then he should not close the hole for the proper functioning penis vagina. Similarly, if someone has a penis and vagina, whereas in part in accordance with the function of sex penis, so he can operate and close the hole so that his penis vagina perfect function and identity as a man becomes clear. He was forbidden to remove his penis has a vagina as a female, while in parts of sex there is no uterus and ovaries. This operation is prohibited because of the different sex conditions in the sex part is in violation of the Shari'a by altering Allah's creation, and is contrary to the Word of God that no changes in the nature of God (QS.Ar-Rum: 30).
Permissibility of repair or completion operations sex, according to the circumstances of the sexual anatomy of men who have sex or genital abnormalities double, also an Executive Board decision Nahdhatul Ulama in East Java Regional seminar on "Islamic Sharia Review of Sex Change Operation" on 26-28 December 1989 in Pondok Pesantren Nurul Jadid, Probolinggo, East Java.
The role of the doctor and the medical in this sex change operations in its legal status in accordance with the condition that genital surgery. If he joined unlawful is guilty of including co-helping in sin and when the penis is operated in accordance Islamic law and even then he had recommended a reward and praised for including recommendations cooperate in righteousness and virtue. (QS.Al-Maidah: 2).
While genital surgery performed on a genital abnormalities (eg double pairs) with the aim tashih or takmil (repairs or improvements) and in accordance with the law will make identity and legal status of these people became clear. According to Az-Wahbah in Zuhaili al-Fiqh al-Islami wa Adillatuhu that if during the determination of the law of inheritance for the dual pairs (khuntsa) based on an indication or trend the nature and behavior, then after the repairs to be male sex or women, inheritance rights legal status and become more assertive. And he thinks repairs and improvements for khuntsa genitals highly recommended abstruse legal status for clarity. Allah knows best, Wa Bilahit taufiq wal Hidayah.
By: Dr. Setiawan Budi Utomo
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