Crossdressers, transgenders forbidden from Perlis mosques

 

The Perlis state fatwa committee has declared that men who appear like women, such as crossdressers or transgender individuals, are forbidden from entering mosques while not in gender-conforming appearances.

The decision was made during the committee’s fifth meeting of 2021, which was held between June 23 to 24, and posted on the Perlis state mufti department website.

Based on the statement accompanying the fatwa, the decision was made because the presence of such individuals would “disturb the worship environment of mosques”.

“Congregational prayers for such individuals must be done in accordance with their birth gender and they are forbidden from entering mosques in the state of gender confusion,” the fatwa said.

The group, which is also referred to as mukhannath’ within the Muslim society, is also barred from performing haj and umrah as they can generate false accusations (fitnah).

Mukhannath means men who appear like women.

The fatwa said the intentional act of copying the opposing gender (tasyabbuh), either “in the form of speech manners, behaviour, or dressing not in accordance with the needs stipulated by syarak (Islamic law)” is forbidden and considered a big sin.

However, the ruling does not apply to “unintentional appearance”, including men who were born with feminine traits.

“This group are called mukhannath khalqi, which means a person with unintentional feminine traits. The same applies to women who have masculine traits like a deep voice. This group of people are forgiven as they are not intentional,” according to the statement.

The fatwa includes the wider trans community including individuals termed as pondan, mak nyah, pengkid, tomboy and transgenders of both genders.

Pondan is a derogatory term referring to transwomen, while mak nyah carries a softer connotation and is preferred by some members of the trans community in Malaysia.

Pengkid and tomboy are slang referring to women who appear masculine.

The committee also stated that men from this group can become wali (guardian) on the condition that they must be in male appearance (not crossdressing) while carrying out their duty.

In an Islamic marriage context, a wali refers to a male guardian of a bride. A wali can be the father or any male relative of the bride. His role is to provide consent to a marriage, or he can conduct the solemnisation as well.

The fatwa also said that close proximity (two people together in an isolated location) between such people is forbidden if it could cause false accusations or tarnish a person's reputation.

In the event of death, the bodies of such individuals will also have to be handled according to the birth gender.

“The undertakers will have to choose the right individuals to handle the bodies to avoid leading to false accusations,” the statement said.

On the issue of sexual orientation, the fatwa committee said the ruling does not apply to those who have a sexual attraction to the same sex unintentionally, providing they do not commit any act against Islamic law.

“[...] (They) are forgiven, plus if they can hold themselves back from committing any forbidden acts, they will receive bigger pahala (divine reward),” the statement added. - Mkini