Article by M’sian lawyer probes status of transsexual

A Malaysian lawyer weighs in on the issue of transsexuals which has been a topic of discussion in Malaysia lately revolving around the status of Fatine Min Bahari. The writer usefully points out the difference between laws affecting a hermaphrodite and a transsexual:

If he is a hermaphrodite, no issue arises as Syariah laws recognise hermaphrodites as a natural phenomenon and even enable them to opt for sexual reassignment surgery (“SRS”) – if they elect to do so.

The reverse, however, is true if Fatine is a transsexual – that is to say someone who identifies with a physical sex different from his biological one. He would not be entitled to SRS and may even be subject to prosecution for “cross-dressing” especially when “cross dressing” is coupled with “immoral purposes”. That is how the law stands for Muslim transsexuals in Malaysia.

He points out that in Iran, transsexuals are allowed to go to SRS and are saved from persecution, though this does not mean that he is urging Malaysia to follow Iran’s example.

He ends by asking some important practical questions on how life would be for the pre-op and post-op transsexual such whether he or she could adopt a child, which restroom the transsexual should go to and what religious rites apply to him or her.

Fatine, Malaysian transsexual could face multiple charges back home

A Malaysian transsexual, Mohammed Fazdil Min Bahari also known as Fatine has faced much bias in his home country. After marrying a Briton, Fatine wants to come back to Malaysia for her visa has run out in Britain. She has been singled out by the Malaysian government amongst 20,000 overstayers in the UK. Her family who has disowned her, has already faced much opposition in Malaysia.
Southeast Asian societies have often been known to be very accepting towards transsexuals. Fatine’s statement that Malays are very traditional and “people like me aren’t acceptable“ is a sign of changing times and a distinct reflection of what’s considered the norm now. To counter the opinion that Fatine’s action is a deliberate offense to Islam and to Malaysia, a a Malaysian immigration authority has recently said that under Islamic law, the position is different if she is a ‘natural transsexual’, or what we call khunsa (a person with reproductive organs of both sexes),” he said. At the same time however, her marriage to British man would most probably be considered a same-sex marriage by Malaysian authorities if registered in Malaysia (it’s only registered in Britain at the moment), which made her liable to punishment according to Shariah law. In addition, she could also be charged for wearing women’s clothes.
In other words, she is still identified as a man, and not a transsexual by the state.
I wonder how transsexuals are actually categorised by the Southeast Asian nations. Are they forced to commit to one gender? If so, by what age? And the most important question is whether the state will respect the person’s chosen gender. Furthermore, since the Sharia court in M’sia mostly likely recognises the category of “khunsa”, how are they going to classify Fatine? Evidently in Malaysia, one is allowed to change gender but with great hassle.