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All Journal Mazahib: Jurnal Pemikiran Hukum Islam
Djabli, Irfan
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Religion Law, Crime, Criminology & Criminal Justice

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Islamic Legal Status on Hajj for Transgender People according to Muslim Scholars in North Sulawesi Yusuf, Nasruddin; Willya, Evra; Rajafi, Ahmad; Djabli, Irfan
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4280

Abstract

Abstract This study investigates the perceptions of scholars concerning transgender people's legal status on their Hajj ritual validity. In North Sulawesi, seven scholars are considered the opinion-makers and authorities following their understanding of Hajj ritual procedures in Islamic law. The data were analyzed using qualitative methods through interviews and the needs theory by al-Shāṭibī, Ibn Khaldun, and Maslow. The results showed that the gender status of those yet to transition remains original. In contrast, the transitioned transgenders’ status should change to the original law following the court's decision. Second, the scholars approved Hajj rituals for those yet to transition because they had their actual gender and sex. Furthermore, Hajj rituals for transgenders were also legally acceptable in Islamic law following the new status exception by the court. The transgenders' Hajj rituals are valid based on their initial gender or the court's decision. The hajj practices are invalid for those who illegally transition or without court approval. Keywords: Hajj conception, Hajj rituals, transgender people, Ulama in North Sulawesi, Manado.
Co-Authors Ahmad Rajafi Evra Willya Nasruddin Yusuf, Nasruddin