Thursday, July 21, 2011

Malaysian Transsexual Denied Civil & Human Rights due to Religion by Birth

I firmly believe that a person must be given legal rights under civil law irrespective of religion. Religion should stay out from civil laws and politics! Do we have civil rights & human rights in Malaysia?!

The Law has nothing to do with Religion & Politics, The Law should be independent, unfortunately not in Malaysia.

In the case of this transsexual, Full Sexual Reassignment Surgery was done, She was formerly a man but now a woman. How could you subject her to such torture & discrimination?

KUALA LUMPUR: Islamic law does not allow gender changes, except in cases where a person is born with sexual organs of both genders.

International Islamic University Malaysia (IIUM) law lecturer Assistant Professor Dr Shamrahayu Ab Aziz said Islamic jurisprudence was very clear on the issue of transsexuals."Islam's position on this is so clear it is not even debatable today. Islam does not permit sex changes to avoid any confusion and problems that would crop up later.

"For instance, it would be confusing for Muslims to conduct burial rites for those who undergo a sex change when they die, with questions raised about whether the body should be treated as a man or a woman," she said yesterday.

However, Shamrahayu said Islam allowed sex changes for hermaphrodites.She said a person with the sexual organs of both genders could choose the dominant sex and make the changes needed to reflect the selected gender.

In the case of 25-year-old Mohd Ashraf Hafiz Abd Aziz who wanted to change his male name to a woman's in his identification card, Shamrahayu said one must get all the facts first before passing comments."It was not reported whether Ashraf is a hermaphrodite. If he is one, he can choose," she said.

When asked about Ashraf's determination to exhaust all legal avenues to change his gender information in his MyKad, Shamrahayu said as a Malaysian Ashraf had the right to do so.
"But, Islamic law is clear that a Muslim cannot change his or her gender if he or she is born with one sexual organ."When it comes to transsexual issues, Shamrahayu urged Muslims to keep the teachings of the Quran close at heart and not be easily influenced by emotions and friends.

Psychiatrist Prof Dr Hussain Habil said one had to do a thorough assessment on Ashraf before making any conclusions on whether his condition was biologically or emotionally induced.

Based on what was reported, it seemed biology could be a contributing factor, but one could only confirm it after an assessment had been carried out, he added.A National Registration Department spokesman said there was no provision under the Registration Act allowing the department to change the gender information in one's MyKad.She said such information could only be changed if one secured a court order."We have the authority to act on applications to change names in MyKad, but not the gender."

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