Transgenders' rights in Malaysia in light of maqasid ash-Syariah

Transgenders are a marginalized group in many parts of the world including Malaysia. For this reason, some parties have demanded certain rights in favor of the transgenders. The aim of this research is to study the rights of transgender people in Malaysia from the perspective of Maqasid Syariah. The...

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Main Authors: Hasmady, Farhan, Mat Jubri@Shamsuddin, Mustafa
Format: Article
Language:English
Published: World Fatwa Management and Research Institute ( INFAD) , USIM 2020
Subjects:
Online Access:http://irep.iium.edu.my/81506/
http://irep.iium.edu.my/81506/1/81506_Transgenders%27%20rights%20in%20Malaysia%20in%20light_update.pdf
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author Hasmady, Farhan
Mat Jubri@Shamsuddin, Mustafa
author_facet Hasmady, Farhan
Mat Jubri@Shamsuddin, Mustafa
author_sort Hasmady, Farhan
building IIUM Repository
collection Online Access
description Transgenders are a marginalized group in many parts of the world including Malaysia. For this reason, some parties have demanded certain rights in favor of the transgenders. The aim of this research is to study the rights of transgender people in Malaysia from the perspective of Maqasid Syariah. The researcher has followed a set of methodologies with which he addressed the topic at hand. Using analytical approach, the researcher discussed the issue of transgenders’ rights and its legitimacy in light of Maqasid Syariah. A field study was also conducted through interviews with transgender people in Kuantan, Pahang. The study concluded with some findings, the most important of which are: the importance of observing the general rights that should be given to all without excluding the transgender community which are the rights that Syariah has prescribed in order to preserve the dignity of human being. As for the rights demanded by transgender activists, they are subject to the view of Shariah in terms of being a means to achieve objectives and goals the Shariah aims for.
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spelling iium-815062020-11-10T05:38:40Z http://irep.iium.edu.my/81506/ Transgenders' rights in Malaysia in light of maqasid ash-Syariah Hasmady, Farhan Mat Jubri@Shamsuddin, Mustafa BP140 Islamic law (Fiqh) KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. Transgenders are a marginalized group in many parts of the world including Malaysia. For this reason, some parties have demanded certain rights in favor of the transgenders. The aim of this research is to study the rights of transgender people in Malaysia from the perspective of Maqasid Syariah. The researcher has followed a set of methodologies with which he addressed the topic at hand. Using analytical approach, the researcher discussed the issue of transgenders’ rights and its legitimacy in light of Maqasid Syariah. A field study was also conducted through interviews with transgender people in Kuantan, Pahang. The study concluded with some findings, the most important of which are: the importance of observing the general rights that should be given to all without excluding the transgender community which are the rights that Syariah has prescribed in order to preserve the dignity of human being. As for the rights demanded by transgender activists, they are subject to the view of Shariah in terms of being a means to achieve objectives and goals the Shariah aims for. World Fatwa Management and Research Institute ( INFAD) , USIM 2020-07-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/81506/1/81506_Transgenders%27%20rights%20in%20Malaysia%20in%20light_update.pdf Hasmady, Farhan and Mat Jubri@Shamsuddin, Mustafa (2020) Transgenders' rights in Malaysia in light of maqasid ash-Syariah. Journal of Fatwa Management and Research, 21 (1). pp. 69-91. ISSN 2232-1047 E-ISSN 0127-8886 http://jfatwa.usim.edu.my/index.php/jfatwa/article/view/234/244
spellingShingle BP140 Islamic law (Fiqh)
KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
Hasmady, Farhan
Mat Jubri@Shamsuddin, Mustafa
Transgenders' rights in Malaysia in light of maqasid ash-Syariah
title Transgenders' rights in Malaysia in light of maqasid ash-Syariah
title_full Transgenders' rights in Malaysia in light of maqasid ash-Syariah
title_fullStr Transgenders' rights in Malaysia in light of maqasid ash-Syariah
title_full_unstemmed Transgenders' rights in Malaysia in light of maqasid ash-Syariah
title_short Transgenders' rights in Malaysia in light of maqasid ash-Syariah
title_sort transgenders' rights in malaysia in light of maqasid ash-syariah
topic BP140 Islamic law (Fiqh)
KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
url http://irep.iium.edu.my/81506/
http://irep.iium.edu.my/81506/
http://irep.iium.edu.my/81506/1/81506_Transgenders%27%20rights%20in%20Malaysia%20in%20light_update.pdf