"Allah has cursed those men who imitate (like) women and women who imitate (like) a man." (Bukhari)
In the world of medicine known three forms of genital surgery, each having its own law in jurisprudence:
First: Operation replacement sex committed against people who from birth have a normal sex
Sex-change operations in this state, has never been known by those who passed away. But the doctors say that it is a form of the disease "transsexual / transgender", ie individuals with psychological disorders of men who like women or women like men with abnormalities without physical / genital (genital). Or in other terms, that the patient or the patient feels that he is another type that is not in him. As if he sensed that his soul is a woman but the physical is male, or he felt that his spirit is male while the female physical form. Between mental and physical can not be fused to each other.
People who have the disease transsexual has two states:
Things First: The disease arises due to psychological and psychiatric factors. This happens because of wrong upbringing since childhood, or because the association is wrong.
For this first type, the handling is not by way of a sex change, but kejiwaannyalah that must be treated and cured. This psychological deviations sometimes appear as a child, it's just often be underestimated, so that over time become even greater and eventually hard to revamped, and the edges take this as taqdir, whereas it was only because the habit is ingrained since childhood and old, as well as not related to the physical.
Early Islam has taught us to separate the beds of men and women when it was 10 years old, one objective that they did not dual personality in the future.
In conclusion, that the sex change operation from persons who had normal sex in the first form of this is haraam, because it can not find the relationship between physical abnormalities or organ of a person's body. (Dr. Muh. Mukhtar as-Syenkiti, Ahkam al-Jirahiyah at-Tibbiyah, Jeddah, Maktabah as-Shohabah, pp. 200-202)
His arguments are as follows:
(1). Basically, God Almighty has created man in his best form, as the word of Allah swt:
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"Verily We created man in his best form." (Surah At-Tin: 4)
(2). The creation of man in good shape is a tribute to the man, as the word of Allah swt:
"Verily We have honored the descendants of Adam, and We carry them on land and at sea." (Surat al-Isra ': 70)
(3). Therefore, we as servants of God is prohibited to alter his creation that was perfect. This prohibition is in the word of God Almighty when told the word devil:
"(Satanic saying): And I'm really going to mislead them, and will generate an empty delusion on them and will order them (cut up the ears of cattle), then they really cut it, and I will order them ( changing the creation of God), then they actually change it. Any person who makes the devil become protectors other than Allah, then surely he suffered a real loss. "(Surat An Nisa ': 119)
From the above verse, we know that the initial act of changing the creation of Allah comes from the whisperings of Shaytan.
(4). Prophet himself said:
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"Allah has cursed those men who imitate (like) women and women who imitate (like) men. "(Bukhari)
Imam Qurtubi said: "There is no difference of opinion among experts from the Hijaz and Expert Fiqh Jurisprudence of Kufa that castrate the descendants of Adam is haraam and is not allowed, because included in the category of torture. "(Tafseer Qurtubi: 5 / 391)
If it should not be castrated, which works to spay genitals, let alone alter or replace them, of course, is forbidden.
Second: Transvestites are attributed to differences in physical and psychological state of someone, such as abnormalities of the body or system of mixing male hormone and women, which resulted in the emergence of feelings in him that is different from the physical body.
So in this case the scholars disagree:
First opinion: that the sex-change operations for people who like this situation is still not allowed. It is the opinion of the majority of scholars. Its foundation is the verses of the Qur'an and hadith-hadith mentioned above.
Second opinion: that the sex-change operations for people who like this it appears, are allowed. It is the opinion of a small portion of contemporary scholars.
Among the arguments of this opinion are as follows:
(1). According to the testimony of the majority of doctors that is true of people who have diseases like this, they call it with a transsexual, the separation between physical and psychological form, namely the physical form is the man for instance, but she felt that she was not male. This disease causes people to suffer in his life, so that sometimes end with suicide. Psychiatric treatment has been done many times by doctors, but still failed. So there is no other way except for sex-change operation.
(2). Things like this can be categorized emergency. Because without such person's operation will not be able to live peacefully and fairly as the others, his life will be overwhelmed with anxiety for the anxiety, and not a few that end in suicide.
(3). If we note that Prohibition caused a sex-change surgery in general or in the normal state is for two reasons:
First reason: that it includes changing the creation of Allah Almighty, as mentioned in Surat An Nisa ': 119, already mentioned above.
When interpreting the above verse, Ibn Abbas, Anas, Ikrimah and Abu Sholeh that is changing the creation of God is castrated, prying eyes, and ears cut off. While Imam Qurtubi in his commentary by quoting the words Qhadhi 'Iyadh that someone who has the fingers of more than five or extra flesh in her body, then should not be cut off, because included in the category of changing God's creation, except if your fingers or The additional meat ache, pain and caused it to suffer, so in these circumstances, be allowed to cut it. (Tafseer Qurtubi: 5 / 252)
Words Qadhi'iyadh that quoted by Imam Qurtubi above explains very plainly that something extra in the body in the form of meat or the other and cause pain sufferers, it is permissible to remove it, and this is included in the category of treatment, which sometimes have to change God's creation swt. Because actually forbidden in this problem is to change God's creation without any reason or just because you want Syar'i beautify the body members only. But if it aims to treat, it is permissible.
On the basis of the above, then the sex-change operation performed by people who have a disease transsexual in this second type, can be said that the physical organs that exist now is an additional organ, because it does not fit with the psychological and feelings, so that if converted into an organ The same with psychiatric and feelings, then included in the treatment of pain they experienced, and did not find drugs in addition to sex-change operation.
Reason Two: that the sex-change operations are included in the category resemble other types that are prohibited by the Prophet. But the scholars have explained that what is forbidden in this problem is to resemble the type in the dress, ornate, spoken word and how to walk. This is inferred from the argument - the argument other. Therefore, Imam Nawawi said that transvestites that existed since the birth was not included in the category are prohibited by the Messenger of Allah, because they can not leave the forces which brought with him from birth, although already treated many times, as mentioned by Ibn Hajar in in Bari Fath \ \ \ '.
Thus some of the arguments expressed by the second group which allows for a person affected by the disease transsexual second kind and can not be treated again in a psychic, then allowed to perform sex change operations, and this includes emergency.
Note: To note in this regard, so that not a misunderstanding, that are allowed are the ones who really have a disease like this, of course, must be recommended by doctors who are skilled, honest and trustworthy. Likewise, after going through the recommendations of the scholars who recognized the trust and otorits keilmuaannya.
The law does not apply to persons who perform sex-change operation, only because just a fad, or just "feels" himself more suited to people of different sex with the situation now, when the disease has not been investigated and no efforts are really it to heal.
Second Opinion: Operation repairs or improvements made to the sex that people who since birth has genital defects, such as the penis or vagina that is not perforated.
Operations like this are allowed, because included in the category of treatment. Because man is a perfect creation, so if you found some parts of the body were not functioning normally or not, such as vaginal cavities, or a penis that is not perforated so it can not urinate, then allowed him to perform surgical repair sex, with the aim of for one of these organs to function as the other. Messenger of Allah said:
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"O Allah's servants berobatlah, because God made every disease is curable."
So genital surgery is disabled since childhood, or because of an accident included in the category of treatment and not in the category of changing the creation of Allah swt.
Third Opinion: Operation disposal one of the double genital committed against persons who since birth has 2 (two) sexes of the penis and vagina.
People who have multiple sex in the medical world is called "ambiguous genitalia", which means doubtful genitals. The person is not suffering from disease "transsexual", but more likely to intersexual is a disorder in which sufferers have genetic characteristics, anatomic or physiologic doubting between men and women. Symptoms vary widely, it may be the view outside is normal male or normal female, but the genitals are still doubting whether she was male or female. Patients like this are actually physically ill, which in turn affects the psychological condition.
So, operating on people who have multiple sex like this is allowed, of course, after there kejelasaan status, both men and women in ways that have been described above and amplified by the statements of the physician expert and trustworthy. Usually surgery is performed when the child was a baby and not growing up, if an adult would be more difficult again, because maybe it was a result of parenting and interaction patterns of the surrounding environment.
Because if someone left in a status that is not clear, it is truly sorry for his life, and masyarakatpun difficult to interact with him because of his status is not yet clear, whether he was male or female. Therefore the operation to remove one of the two sexes is permissible, because it will bring benefit for the concerned and the benefit for society that he lived in it.
In Indonesia, as described by Prof. Dr. Sultana Mh Faradz has issued Decree No Men Kes RI. 191/MENKES/SK/III/1989 about the appointment of a hospital and a team of experts as a place and gender adjustment operations. On 12 June 1989, who formed Sex Change Operations Team consisting of surgeons urology, plastic surgery, disease expert content and gynecology, anesthesiology, child and adult endocrinologists (internist), a geneticist, andrology, psychiatrist, pathologist, an expert legal, religious and medical social worker.
But since 2003 there are changes in policy that the team can only make adjustments Sex sex adjustment operation for patients with intersexual - and not in patients with transsexual - which requires the determination of sex, genitals and treatment improvements. All the cases that came to be logged, checked for routine laboratory, chromosomal and DNA analysis, hormonal examination and other tests deemed necessary, such as ultrasound, X-ray photograph and others.
Activities of this team was to conduct regular meetings between all members of the multidisciplinary team to patients (who had finished with the investigation to the rule of diagnosis) to discuss management, and treatment measures to be undertaken include provision of counseling. Allaah knows best. *
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