Seminar Antarabangsa Usul Fiqh (iSUFI) 2024

The issue of transgenderism, particularly concerning transwomen (mak nyah) in Malaysia, has sparked significant societal concern due to its religious implications, raising complex fiqh-related questions on matters such as prayer, pilgrimage (umrah), inheritance (faraid), funeral management, and more. This study aims to explore the fiqh challenges and issues related to transgender individuals, providing clarity on the rulings in these areas. Utilizing interviews and document analysis, this qualitative research examines the fiqh issues surrounding transgenderism and determines the applicable rulings. Preliminary findings indicate that the transgenderism fiqh issues primarily fall into three key areas of Islamic jurisprudence: Fiqh ‘Ibadat (worship obligations), Fiqh Mu’amalat (social interactions and dealings), and Fiqh Jinayat (criminal law). Through document analysis of both classical and contemporary fiqh scholars' works, the study develops a comprehensive fiqh framework for navigating fiqh challenges among Muslims who identify as transgender. The transgenderism fiqh framework is designed to offer essential guidance to the transgender community in fulfilling their religious obligations and returning to their fiṭrah (true nature). Additionally, this framework is intended to serve as a reference for religious authorities, as well as a valuable resource for the broader public.