The Quest for Third Gender Equality: Challenges and Implications for Islamic Law and Muslim Women's Sustainability in Malaysia

• Published in: Ahkam: Jurnal Ilmu Syariah
• Main Author: Ramli M.A.; Kasa A.R.; Sharifuddin N.M.; Yusof M.Y.; Hassan P.
• Format: Article
• Language: English
• Published: Syarif Hidayatullah State Islamic University (UIN) Jakarta 2024
• Online Access: https://www.scopus.com/inward/record.uri?eid=2-s2.0-85213704705&doi=10.15408%2fajis.v24i2.37746&partnerID=40&md5=bb5d43cb3d3b30af8ea4d1adfc3f2512

Fundamentally, men and women constitute the two primary gender binaries in the construction of human society. Khunthā, however, refers to individuals with anomalies. There are no specific exemptions regarding this group in the discourse of Islamic law. Recently, the third gender group has been advocating for equal rights with the binary gender group. Although the third gender is not recognized in Islam, efforts to acknowledge them have been increasing in certain Islamic nations, including Malaysia. They argue that they are assigned to an incorrect gender. Consequently, individuals transition to a different gender identity, such as trans-women or trans-men. The universalism of Western human rights serves as inspiration for the demand for third-gender rights, which opposes local religious and cultural norms. Additionally, this paper explores the implications of third-gender recognition on Muslim women and the sustainability of Islamic law in Malaysia. This qualitative study employs the library research process to collect relevant documentation to achieve the objective. Content analysis of the gathered material was conducted inductively to assess the implications of the third gender claim on Islamic law and women. According to the study's findings, recognizing the third gender's ambition for equality would lead to modifications in laws and the diminishment of women's rights as they would have to share resources and benefits with biological males. © 2024, Syarif Hidayatullah State Islamic University (UIN) Jakarta. All rights reserved.