Fatwa's Insights

THE 53RD MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

23 - 24 JUN 2021 / 12 - 13 ZULKAEDAH 1442H

RULING ON INTERACTING WITH MUKHANNATH (EFFEMINATE MEN / TRANSWOMAN / TRANSVESTITES / PENGKID / TOMBOY / TRANSGENDER)

Tasyabbuh is the act of a man or woman deliberately imitating the opposite gender in terms of speech, behaviour, actions, or attire without having a necessity permitted by the Shariah, such as education, witnessing, or giving testimony and the like.

The ruling of tasyabbuh is haram and constitutes a major sin cursed by Allah SWT, as in the hadith of the Prophet SAW narrated by Ibn Abbas r.a.: 

لَعَنَ رَسولُ اللَّهِ صَلَّى اللهُ عليه وسلَّمَ الْمُتَشَبِّهِينَ مِنَ الرِّجَالِ بالنِّسَاءِ، والْمُتَشَبِّهَاتِ مِنَ النِّسَاءِ بالرِّجَالِ

Translation: The Messenger of Allah SAW cursed men who imitate women and women who imitate men. (Narrated by al-Bukhari)

However, if the imitation is not intentional, such as soft characteristics that exist in a man from the outset and are not contrived, it is not termed tasyabbuh. This group is called mukhannath khalqi, namely a person who possesses feminine characteristics that are unintentional. Similarly, women who possess masculine characteristics from the outset, such as a hoarse voice. This group is pardoned as long as it is not intentional.

Likewise, men or women who unintentionally possess sexual feelings towards the same gender but do not commit any actions that contravene the Shariah are pardoned; indeed, if they exercise patience in restraining themselves from committing prohibited acts, they receive great reward.

In this regard, the mukhannath group, or those referred to as mak nyah (transgender), who deliberately imitate the opposite gender are included in the category of the transgressor. For this group, there are several rulings that require attention:

1. The ruling on a person being in seclusion with this group, even if of the same gender, is prohibited (haram) if it could give rise to fitnah (temptation/disorder) or tarnish a person's reputation. If it does not give rise to fitnah, then the ruling is the same as a person being in seclusion with the same gender.

2. The congregational prayer of this group must be based upon their actual gender, and they are prohibited from entering the mosque in a state of gender confusion, as it may disturb the atmosphere of worship in the mosque. This group is also forbidden from performing hajj and umrah if their appearance could cause fitnah to hajj and umrah pilgrims.

3. Their funeral rites is managed based upon their actual gender. The corpse management authority selects those who are appropriate to handle the body to avoid fitnah.

4. Men from this group may serve as marriage guardian on the condition that during the guardianship proceedings, they present themselves with masculine demeanor.

Approval of the Members of the Perlis State Fatwa Committee

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

3. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

4. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

5. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

6. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

7. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

8. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

9. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

10. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

12. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 4/2021 on 14 September 2021.

THE 52ND MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

19 - 20 MAC 2021 / 6 - 7 SYA'BAN 1442H

RULING ON CONDUCTING BUSINESS TRANSACTIONS WITH COMPANIES OWNED BY NON-MUSLIMS

The ruling on engaging in transactions with non-Muslims, including selling their products, is permissible, subject to several guidelines as follows:

a. Goods, products, or services must be lawful.

b. The business programme does not contain elements of uncertainty, deception, usury and matters that contravene the Shariah.

c. The business does not contribute in a clear, evident, and direct manner to hostility towards Muslims, the strengthening of beliefs other than Islamic creed (aqidah) and propagating of non-Islamic religions among Muslims.

It should be noted that a business valid in terms of contract may become prohibited due to other factors, such as trade that facilitates transgression. From a business perspective, it is valid; however, due to its side effects, it is prohibited.

At the same time, Muslims are encouraged to advance themselves in the business world by producing quality products and services and to cooperate with one another.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 2/2021 on 22 March 2021.

THE 52ND MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

19 - 20 MAC 2021 / 6 - 7 SYA'BAN 1442H

CONDITIONS FOR PERSONS WITH DISABILITIES ELIGIBLE TO RECEIVE ZAKAT UNDER THE CATEGORIES OF FAKIR AND MISKIN

1. Physical and mental conditions that prevent or burden them from earning income and managing themselves.

2. They do not possess sufficient personal wealth to finance their living needs.

3. Age exceeding 18 years, which according to customary practice ('urf) is defined as having passed childhood age.

4. If a person with disabilities requires assistance in seeking knowledge that does not contradict Shariah law, he or she may receive zakat allocation under fi sabilillah even if below 18 years of age.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis
2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman
3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat
4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim
5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle
6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman
7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor
8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan
9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin
10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah
11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar
12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin
13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 2/2021 on 22 March 2021.

THE 37TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2018

12 SEPTEMBER 2018

FATWA ON COMPETITIONS AND COMPETITION MONEY

The ruling on competitions is permissible if prizes come from a third party (not participating in the competition) and participant fees are used solely for the participants' benefit with equivalent value, such as for food, drink and other management costs.

However, all competitions must not lead to prohibited matters or the abandonment of religious obligations, such as competitions that expose the aurah (parts of the body that must be covered), cause the abandonment of prayer, diminish intellect, degrade dignity, corrupt morals, incite enmity, damage the environment and similar matters.

As for the organization of competitions involving fees from participants to be made into prizes, whether the entire fee or part thereof, it is prohibited (haram) due to the presence of gambling elements.

However, competitions involving paid wagers (competition fees) or any property value are permissible if the following conditions are met:

1) It must not depend solely on chance without being based on knowledge or skills recognized by Islamic law. This includes competitions such as number guessing, scratch and win, competitions on the weight of fish caught, guessing which football team will win, dice throwing and similar activities.

2) There must be no less than one-third (1/3) of participants who are qualified and competitive participating in the competition without being charged a wager fee. For example, if 30 football teams compete, 10 of them must be exempted from competition fees.

If both or either of the above conditions are not fulfilled, then such competition is prohibited.

Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 6 of 2018 convened on 6 December 2018.