Fatwa's Insights - Muamalah

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.