THE CICAK.com

Transsexualism in Malaysia: Syariah Court annuls same-sex marriage

Art by CHUAN ZUI

By ANA A.

This month, the Syariah Court annulled Mohd Sufian Mohamad and Zaiton Aziz’s marriage. The court issued the couple a permanent divorce, despite Zaiton Aziz saying that she was in a physically and emotionally satisfying union.

The judge who presided over the case declared the same-sex marriage illegitimate because of Mohd Sufian’s original gender designation.

According to a New Straits Times article, three doctors had conducted physical examinations and blood tests on Mohd Sufian and concluded that he is a woman.

The doctors should have conducted a psychological or psychiatric evaluation to determine Mohd Sufian’s state of mind.

I recently searched for images on Mohd Sufian.

Zaiton Aziz and Mohd Sufian. Photo from NST

Photographs like the one above show that Mohd Sufian does not identify himself as a woman. It is safe to say that Mohd Sufian identifies himself as a man.

Mohd Sufian’s gender condition is called transsexualism or what is clinically known as Gender Identity Disorder (GID).

Individuals with GID strongly identify with members of the opposite sex, and may choose to appear and behave like them. That said, many transgendered individuals are opposed to describing their condition as a mental disorder. It’s not a matter of choice. It’s natural.

For more information on GID, read this.

Had Mohd Sufian lived in Canada and European countries such as France, Germany, Italy, Netherlands, Portugal, Denmark, Finland and Sweden and the United Kingdom, he would be able to go for sex reassignment therapy and surgery. And get federal financial support for it too.

Mohd Sufian would also be able to change his gender identity. In fact, should Mohd Sufian, or rather Mazinah Mohamad (as listed in his birth certificate), have opted to do so, his marriage would have been legitimate.

Even ultra conservative Iran condones sex reassignment surgeries. This was the result of a fatwa issued by Ayatollah Ruhollah Khomeini in 1983.

Unfortunately for Mohd Sufian, Malaysian Muslim transsexuals are not as lucky as their Iranian counterparts.

Teh Yik Koon mentions in his paper, “Mak Nyahs in Malaysia: The Influence of Culture and Religion on their Identity,” that transsexuals in Malaysia are constantly harassed by Syariah officers and the police.

A majority of the transsexuals interviewed by Teh are resigned to the fact that they are legally and religiously prohibited from performing sex reassignment operations. Most Malaysian Muslim transsexuals appear to have imposed self-restrictions because they want to avoid complications during their Islamic funerals when they die.

Other reasons cited in the paper were the lack of financial means and local resources to make the surgeries possible.

Non-muslim Malaysian transsexuals and Muslim hermaphordites are a little luckier as they can undergo sex-change operations. According to a 1983 fatwa issued by the Conference of Rulers in Malaysia, Muslim hermaphrodites are the only ones in the Muslim Malaysian community allowed to undergo these surgeries.

Islam is the most sex-positive monotheistic religion. It recognizes sex as a natural part of human procreation and recreation. Because of this, current Malaysian attitudes towards the community is at odds with Islam. In addition, Islam did recognize mental health as an important issue in the 10th century. Thus, people who practice this faith should be more tolerant of those who have Gender Identity Disorder (GID).

One can contend that Mohd Sufian and Zaiton Aziz got married to legitimize their relationship. Therefore the Syariah Court’s decision to part them will only send a negative message to the LGBT community (lesbian, gay, bisexual and transgender) and straight folks in Malaysia.

The Syariah Court in Malaysia needs to rethink its position on transsexualism and sex reassignment treatments. It should have just allowed Mohd Sufian to officially change his gender. That would have satisfied Syariah Judge Che Saufi Che Husin’s decision for Zaiton Aziz and Mohd Sufian to be wife and husband, and lead a “normal” married life.

The court should have also considered the couple’s satisfaction with their five-year marriage.

Besides, isn’t allowing them to be legally married in line with Islamic law?

After all, Mohd Sufian and Zaiton Aziz simply wanted to be together in the proper Muslim way.

–
ANA A. is a contributing writer for theCICAK.

Ana enjoys Silicon Valley as much as her fulfilling and satisfying relationship with her girlfriend. Love you, CCM. Ana is planning on tackling same-sex marriage rights next!

CHUAN ZUI is a graphic artist for theCICAK.

Zui is almost an Otaku but hates big-chested anime characters. He is a twisted weirdo because of his islander kiasuness, a result of living his early childhood in Singapore. Zui is an artist of few words. Visit his site.