A 1980 Sunni fatwa came out shortly after the first test tube baby, Louisa Brown, was born in 1978, forbidding any form of Assisted Reproductive Technologies (ART). However since the 1990s, a rash of fatwas made some ART accessible and permissible for married couple with infertility issues. These fatwas still serve as the foundation of Sunni ruling around ART up to today.

A highlight summary of the rulings include:
- Gamete (third party) ART including surrogacy, egg and sperm donation are not allowed. As no third party are allowed to intrude into the marital functions of sex and procreation, since marriage is a contract between the wife and husband during the span of their marriage, no third party donor is allowed, whether the donor is providing sperm, eggs, embryos, or a uterus. The use of a third party is tantamount to zina, or adultery.
- In Vitro Fertilization (IVF) and Artificial Insemination (AI) with the wife’s egg and husband’s sperm are permissible.
- Women should not expose themselves to male staff for treatment
- Husbands cannot masturbate to get sperm for infertility treatment
- Children born out of third party donor are considered illegitimate or worse, the rightful children of the donating party e.g. the man who donated the sperm or the woman who donated the uterus, egg or embryos.
- A muslim should be cautious of the fertility clinics motivation and procedures to avoid using the wrong sperm or eggs/embryos.

For more fun-filled details of other fatwa-sanctioned ART rights, read Making muslim babies: IVF and gamete donation in Sunni vs. Shi’a Islam: Marcia C. Inhorn 2006.

The end sum of options for people facing infertility issues as far as I can tell are as follows:

For a married man and wife who has to go through IVF to conceive:
1. As long as the sperm belongs to the husband, the egg and uterus belongs to the wife, the wife does not expose her aurat (See Hijab laws) to non-muhrims, husband does not masturbate to get his sperm out, the process is halal i.e. sanctioned.

For a woman with an infertile husband:
1. divorce the husband and find a fertile spouse
2. foster a child
3. be patient as God knows best

For a man with an infertile wife:
1. Marry (up to 3) other fertile wife
2. foster a child
3. be patient as God knows best

For a single person who has no desire to marry
1. get married to a fertile spouse and get divorced after the child is born, otherwise known as a mut’a wedding i.e. fake wedding to fulfill the religious obligations of finding sexual fulfilment or having children through marriage. Note: Mut’a is typically a Shi’a practice. Malaysian muslims are majority Sunnis.
2. foster a child

For a gay couple
1. forget about fostering a child, you and your spouse are going to hell

Granted, the basis for these rulings is well meaning. The aim is to keep the family line unambiguously defined and to protect one’s lineage. The intent is to protect future complications with relationships e.g. avoiding incestuous siblings/parent-child relationships should lineage be unknown.

Hence, a muslim wife retains her family name to “maintain the link between her and her parents and ascendants” and marriage is the only legitimate way to have children and most interestingly, muslims do not adopt children as much as foster them. I will cover adoption in islam in another article.

In breaking down the lineage argument, when a husband has a wife who is infertile, he is allowed to marry up to 3 other wives assuming they are fertile and have children with these other wives because the lineage of the child undoubtedly belongs to the husband.

When a wife has an infertile husband, using a third party sperm donor is tantamount to zina even when there is no sex involved because technically the child’s lineage belongs to the sperm donor and the wife.

For a single man trying to have a baby through a surrogate mother, this course is also considered zina. Furthermore, the ruling on children born out of wedlock is that the man has no parental rights over the child that is if the uterus donor and man are not married, only the biological mother has the rights to the child. (See Sunni Forum: Out of Wedlock Child) The ruling however runs counter to the protection of lineage and I am assuming is designed to punish the adulterers by denying parental attributions to the biological father.

For a single woman trying to have a baby via a sperm donor, unless the woman marries the sperm donor in a mut’a wedding or otherwise, the baby will be considered illegitimate and the act of impregnation is considered zina. According to law with illegitimate children, the sperm donor has no parental rights and the baby will be attributed to the woman, i.e. the baby is given the mother’s name as oppose to the biological father’s name.

Interestingly, Shi’a has a different view on ART where gamete donation is permissible as long as the infertile parents abide by the religious codes regarding parenting according to a late 1990 fatwa issued by Ayatollah Khamanei of Iran. However, the child of the egg or sperm donor has the right to inherit from the donor themselves, as the infertile woman or man are considered to be like adoptive parents as opposed to actual parents. The child is allowed to have the name of the infertile father. Specifically, in regards to sperm donation, the child born of sperm donation get to have the name of the infertile father instead of the sperm donor. However, the child can only inherit from his biological father, the sperm donor, since the infertile father is considered to be like an adoptive father.

Equally fascinating is IVF views in Judaism. 3rd party gamete donation including sperm is allowed as “Jewishness is conferred through the mother particularly through the act of gestating and birthing the baby.” In other words, lineage or Jewishness passed along through the biological mother instead of the father. In addition, conservative rabbis prefer non-Jewish donor as means of preventing future possible genetic incest. The Jewish state is quite pronatalist in that IVF is not only permissible for single career women and lesbian Jewish mothers but the procedure is often subsidized by the state. Another interesting fact is to ensure correct sperm/eggs implantation, maschigots i.e. “orthodox Jewish women” would preside over IVF procedures.

The fact of the matter is fertility clinics and sperm banks have improved leaps and bounds over the years where careful background and health screening is done through each sperm, egg or uterus donor. Many fertility clinics make potential parents go through therapy counseling and some require the couple to have counseling sessions with the potential donors if known. Most conscientious sperm banks have family limits for each sperm donor irrespective of successful pregnancy. Many banks have identity release programs designed to allow the child to find out the identity of the sperm donor after a certain age. Others even set up sibling catalogs to ensure couples get the same sperm source for consequential children.

I had a friend asked me once why I bothered going through the therapy sessions, paying thousands of dollars out of pocket to find a sperm donor and go through artificial insemination when I can easily just get a guy to sleep with me for less money or even free. After mentally punching this friend in the face, my simple answer was because I respect and love my partner that I will not “divorce” her to marry some guy to bear a child with, that I will not commit adultery with another person when I am committed to my spouse, and that I want her to be a part of the process as much as I will be.

Personally, though some percentage of the child’s biological origin may come from another source, we both believe that the child that we hope to conceive will be 100% our child. This child will be result of both our hard work in going through the process of ART, pregnancy and child rearing. The fact the child has some biological origin not from my partner is of minute emotional consequence. I am alarmed and a little sadden that the religion I was born into, place paternal lineage high above over love and fidelity of a relationship. I hope that the religious authority continue to have discussions on ART and come up with better rulings for couples with infertility issues, single parents and (I dare dream) gay couples.

66 13-17 year old boys are currently engaged in such a camp right now. These kids were picked by their teachers based on their effeminate behavior.

These masculinity training camps are not new to Malaysia. The camps have always existed especially in higher education institutions. Gay activists in Malaysia are now afraid of the impact on the psychology of the children since the authorities are targeting a younger age group.

Whole article along with the mp3 file:

http://www.theworld.org/2011/04/malaysias-anti-gay-camp/

Frankly I am flabbergasted especially by the purported article written by a psychologist blaming effeminate behavior on parents who make boys do household chores meant for girls or dressing boys up in feminine clothing. Are Malaysian especially children not allowed to have any personalities anymore?
Everyone needs to come out of a heteronormal behavioral cast?

Are we seriously going to allow religious authorities or governmental entities to dictate personality and demeanor?

Shame on us.

We in Malaysia are more than 30 years behind time in our understanding of what homosexuals are all about. Ask anyone from the township to the villages, and most would still tell you different definitions of it, ranging from effeminate men, transgenders, anal sex and so forth. In the cities, they believe it is some kind of deviant alternative lifestyle that involves anything between being naked with other men and other “gross factors” that always seem to pick on gays, while lesbians bear the least semblance of the homo word.

Ask the churches and mosques, and all they can think of are men lying with men with a city called Sodom along with a man called Lot (or Lut) where the story of attempted rape of angels was mistaken for a homosexual deviancy show. All the explanations to the term by them are hardly even near correct definitions to what is supposed to be just a same-sex attraction. You may just be one of most Malaysians who really do not have a clue on what is a homosexual, and do not even know whether they are “choosing” something.

You may hold on to the thought that homosexuality is some sort of a lifestyle when except for their attractions they are really no different from you. You may be a curious straight who knows surely there are more to homosexuals than meets the eye, or you may be a passing gay brother or lesbian sister who wish to know more about yourself. Because of this, we will present you with the simple ABCs on homosexuality, a crash course in the form of this video which was said to be featured off a well known documentary.

Homosexuals and homosexuality are natural and created by God, thus permissible within Islam, a discussion concluded here Thursday.

Moderate Muslim scholars said there were no reasons to reject homosexuals under Islam, and that the condemnation of homosexuals and homosexuality by mainstream ulema and many other Muslims was based on narrow-minded interpretations of Islamic teachings.

Siti Musdah Mulia of the Indonesia Conference of Religions and Peace cited the Koran’s al-Hujurat (49:3) that one of the blessings for human beings was that all men and women are equal, regardless of ethnicity, wealth, social positions or even sexual orientation.

“There is no difference between lesbians and nonlesbians. In the eyes of God, people are valued based on their piety,” she told the discussion organized by nongovernmental organization Arus Pelangi.

“And talking about piety is God’s prerogative to judge,” she added.

“The essence of the religion (Islam) is to humanize humans, respect and dignify them.”

Musdah said homosexuality was from God and should be considered natural, adding it was not pushed only by passion.

Mata Air magazine managing editor Soffa Ihsan said Islam’s acknowledgement of heterogeneity should also include homosexuality.

He said Muslims needed to continue to embrace ijtihad (the process of making a legal decision by independent interpretation of the Koran and the Sunnah) to avoid being stuck in the old paradigm without developing open-minded interpretations.

Another speaker at the discussion, Nurofiah of the Nahdlatul Ulama (NU), said the dominant notion of heterogeneity was a social construction, leading to the banning of homosexuality by the majority.

“Like gender bias or patriarchy, heterogeneity bias is socially constructed. It would be totally different if the ruling group was homosexuals,” she said.

Other speakers said the magnificence of Islam was that it could be blended and integrated into local culture.

“In fact, Indonesia’s culture has accepted homosexuality. The homosexual group in Bugis-Makassar tradition called Bissu is respected and given a high position in the kingdom.

“Also, we know that in Ponorogo (East Java) there has been acknowledgement of homosexuality,” Arus Pelangi head Rido Triawan said.

Condemnation of homosexuality was voiced by two conservative Muslim groups, the Indonesian Ulema Council (MUI) and Hizbut Thahir Indonesia (HTI).

“It’s a sin. We will not consider homosexuals an enemy, but we will make them aware that what they are doing is wrong,” MUI deputy chairman Amir Syarifuddin said.

Rokhmat, of the hardline HTI, several times asked homosexual participants in attendance to repent and force themselves to gradually return to the right path.

EXACTLY one month ago, the National Fatwa Council made a decision against women who dressed like men, denouncing it as haram. This has been met with anger, protest, and mainly, confusion, as to what exactly it is that the fatwa condemns. ANIZA DAMIS speaks to Malaysian Department of Islamic Development (Jakim) director-general Datuk Wan Mohamad Sheikh Abd Aziz to get a clearer picture of the issue.

The fatwa against pengkid as released by the National Fatwa Council on Oct 23:
“Pengkid, that is, women who have the appearance, mannerisms and sexual orientation similar to men is haram in Islam.
“We urge parents and the Muslim community to pay serious attention to this problem. Emphasis should be placed on teaching and guiding young girls especially on the aspects of their clothing, behaviour and appearance so that this problem may be avoided, because it runs counter to their fitrah and Allah’s way.”

(Fitrah: the innate natural sexual inclination that each human is born with, and which does not change. In Islam, if a person is born male, he is masculine and is sexually attracted to women; and if a person is born female, she is feminine and sexually attracted to men.

Q: What is the actual definition of “pengkid”?
A: Pengkid refers to a married woman or maiden whose appearance or image is like that of a man. Although this also includes the dressing of the person and not just the way she behaves, the way of dressing is just one aspect of what makes a pengkid.
A woman may be dressed as a woman, but her behaviour may be like a man, or it might be a combination of this. She might also have a sexual desire for women.
This brings it “hampir” (close) to the practice of lesbianism.

Q: Is it close to, or is it actually lesbianism?
A: We can’t say that all people who are pengkid are lesbians. That wouldn’t be right. That’s why I say it is “hampir”.
Hampir means she doesn’t do that act, but she is heading that way. For instance, Islam forbids people from coming close to zina. That means, not only is the act forbidden, but any act that may lead to the actual act is also forbidden.
I believe there is no religion that allows lesbianism or homosexuality. But anything that can drive or lead towards it should also be stopped. So, this is the culture that we are trying to stop.
Actually, we are trying to save these women (from be coming lesbians).

Q: When you translate this fatwa into English, the word “tomboy” is used instead of “pengkid”. “Tomboy” in English doesn’t have a sexual connotation. So, what do you mean by “dressing like a man”?
A: This is what we mean by “fitrah”.
A safe way is to teach children, whether male or female, from an early age to follow their respective fitrah.
If we allow this budaya practice (of pengkid) to continue to develop, it will become an tradition, and then a norm. When it becomes a norm, then people will think no longer think of it as a wrong. This is something we do not want to happen.
That’s why we want to go back to the fitrah. If you follow your fitrah, the chances of you being safe are higher, compared with if we were to completely give freedom until you could not differentiate between feminine characteristics and male characteristics.

Q: Unlike in other Muslim countries where a fatwa is an advisory, in Malaysia it is law. Do you really want to make this fatwa law?
A: In Malaysia, not all fatwas become law. It only becomes law when it is gazetted. And not all fatwas in Malaysia are gazetted.

Q: So, this fatwa has not been gazetted?
A: This is only at the national muzakarah stage. Most fatwas are not gazetted.
Usually, we look at what the subject is. If it is a fatwa that involves aqidah (Islamic doctrine), it is gazetted. This is because it requires follow-up action by the authorities, especially with deviationist teachings, or extremist or militant movements, as these involve issues of security and will need legal action.
But not all fatwas are gazetted. In fact, not all fatwas have to be gazetted.

Q: But in this case?
A: The gazetting of this fatwa is up to the discretion of the State. We prefer to look at it as an issue of social ill that we can overcome through dakwah (propagation of Islam through words and action) and education.
There are already provisions in the law for cases that have gone to the point of sexual crimes – such as being an active lesbian.
This decision was only just recently made. The process of making a fatwa is quite unique. The national fatwa council is a council that is appointed by the Council of Rulers. It’s members are the muftis of all States and five experts who are recognised by Jakim and appointed by the Council of Rulers.
If it is a national issue, we will discuss it and then standardise the fatwa at the national level. But for it to be an official fatwa depends on the religious authorities in the respective states.

Q: So, are there any states that want to gazette this fatwa?
A: You’ll have to ask the respective state religious authorities.
But in our opinion, this is a social ill, whereby there are many other ways in which to address it (other than legal). Like using wisdom and harmony.

Q: Is there any proof that if a woman dresses as a man, she will become a lesbian? What is the link between clothes and lesbianism?
A: Perhaps this is something that is different between the Islamic perspective and non-Islamic perspective.
Our approach is based on a rule of the maxim in Islamic jurisprudence – that we prevent the opportunity for some thing bad to happen. We believe this is a good approach in preventing something bad which is forseeable, based on research and other issues.
This principle is used when determining a fatwa.
Back to the issue of clothes. We have said from the beginning that dressing is not the sole factor (in lesbianism). It is more about behaviour. Don’t forget, a pengkid might be very feminine, but she is a pengkid because of her behaviour and sexual desires.

Q: So, a pengkid has a sexual connotation?
A: Yes. This is what we are worried about. What is meant by pengkid is a person who is inclined to be attracted to someone of the same sex. It starts with the clothes and the behaviour.
What we are most worried about is that this person might go to the extreme level. That is why we feel it is safer for each person to strive to follow or abide by his or her fitrah.
A woman would be more damai (at peace) if she had a man as a companion.

Q: At the same time, we can’t go out with a man who is not our muhrim, right?
A: True. But that (relationship) can be legalised through marriage. That is a different issue.
Women can be friends with women, and men can be friends with men. That is encouraged.
That’s why in the hadith: Two people (of the same sex) that love each other, meet and part only because of Allah.
What this means is, these two people are true friends whose friendship is guided through morals.
There is nothing that says women cannot love and respect each other. This is allowed in religion. What is forbidden is the extreme act. They don’t approach each other as a woman friend, but as a male companion. This is the problem.

Q: The problem is, when it comes to the level of society, the understanding of this fatwa might be different. For instance, at the moment, a lot of men’s clothes have become unisex for women. So, for instance, on the days where I am going to a particularly rough place, I might wear a shirt and pants, and I might not wear earrings or bright lipstick. If someone sees me at that time, what would be the conclusion that person might have on my sexual preference?
A: That is a different issue. We are currently talking about normal conditions. If we talk about situations like you mentioned, then that’s the same as a male policeman going undercover as a woman.

Q: The niat (intention) of the fatwa is one thing, but its application is another. What is going to happen if someone who has heard of this fatwa starts harrassing a woman whom he feels is dressed or behaving like a man?
A: Let’s forget about the possibility of harassment by men.

Q: We can’t.
A: Alright. But what if the woman who behaves like a man attracts the attention of other women. Doesn’t that also present a threat of harassment?

Q: If that’s the rationale, then I’m better off dressed as a man. For, if I were to dress as a man, I would be harassed by fewer women than I would be by men, were I to be dressed as a woman.
A: (laughs) Actually, the danger to you would then be that you would be harassed by men, and there would be a new harasser (women).
But a pengkid is not just about dressing. Dressing is just one of the factors. A woman might have a husband, wears a baju kurung and tudung. But if her behaviour and desire is towards other women, this is where the woman starts to neglect her husband or even leaves him for her woman companion.

Q: And if the woman leaves her husband for another man?
A: That is another issue.
What we are discussing right now is the destruction of the family institution, which would affect the children.
And, it might even come to a point sometime in the future, where it could affect the grandchildren. Because these days, as Joan Collins says, even grandmothers are well turned out.

Q: Surely grandmothers are allowed to dress up.
A: Yes, but think of the effects on the grandchildren (if the grandmother is a lesbian). This threat is not impossible. It might happen to young grandmothers, who might have an interest in other women.
So, don’t think that pengkids are just a danger to maidens. It is also a threat to (married) women. Whether she is a maiden, a married woman, or even a grandmother, she can be exposed to this problem.
Dressing is just one factor.

Q: What is in our hearts is not visible, whereas clothes is something people can see, and that is the thing upon which people can take action. What we are afraid of is the harassment and victimisation of women, whom you say you are trying to save. Your fatwa can have negative repercussions.
A: What would happen if we didn’t give any advice or reminders to save our people? If we allow this problem to continue and expand, our eastern culture will be no different from the western culture. Where would our religious values go?
We consider the fatwa as an advice to parents. Parents love their children. So, this opinion (fatwa) is to save the next generation. At the same time, we have to remember that a fatwa also saves culture.

Q: I want to look at the application. What is are the characteristics or traits or elements that are considered feminine? What is the dresscode for women?
A: The dresscode for Muslim women is based on ensuring her safety, honour and femininity. So, the issue of the shape of dress, colour and so on is not an important issue.
In Islam, the important keyword is aurat (parts of the body which must be covered). In the context of a woman, she must not only be fully covered (except for the face and hands), but her clothes must not show the shape of her body.
For instance, people always say Muslim women cannot wear jeans. But who says they can’t? In reality, Muslim women can wear jeans in public, but it has to be complemented by other things so that the shape of her body will not be revealed.
But when she goes into her own house with her family members, the jeans doesn’t become a problem.

Q: The problem with the possible interpretations of this fatwa is that it may go back to the days when women were oppressed. It might even, to an extreme degree, lead people to say that women should not be engineers.
A: Does Islam forbid women from being engineers?

Q: No, it doesn’t. But what is the practice?
A: A practice may be a tradition, not religious teaching. We are talking about religious teaching.
We are in Malaysia, not Bangladesh where they mix-up their cultural practices with their religious practices.
Over here, we are talking about what is taught by religion.

Q: That is because you are a thinking person. You cannot assume that everyone in society is going to think like that.
A: That’s why we issued the fatwa with an explanation, so that people would understand that this is a religious requirement. It is not a restriction that has nothing to do with religion.
Also, don’t forget that religion is actually very flexible. A lot of traditional practices can be accepted into religious practice. The principle of Islamic jurisprudence is that an adat tradition) can be accepted as hukum (decision). But that depends on what kind of adat. Certainly, not an adat that oppresses women, for that is not in keeping with the demands of religion. It is Islam that freed women.

Q: But, unless they studied the history of Islam, not a lot of people realise how much Islam liberated women. Especially now, if an outsider looks at Islam, it seems as if Islam oppresses women. This is because of what is practised, which may not be the same as Islam teaches.
A: I think a lot of people think a dresscode is restrictive. If you wear certain clothes, does it mean you cannot be a careerwoman, a professional who is successful in her field? No. This proves that religion does not oppress women. What restricts you is not your clothes.
People use the Islamic dresscode as an excuse to say that Islam oppresses women.

Q: Be realistic. Malay culture is very patriarchal and very male-oriented. A fatwa that starts out with good intentions could be deviated and used as a tool for something else. For instance, if you were the creator of something as potent as nuclear energy, surely you would want to think of a way to ensure that it is not used for the would want to think it is not used for the wrong reasons. If a state gazettes this fatwa, how is it going to be enforced? For instance, not every Muslim woman wears a tudung. So, in order to enforce the fatwa, you have to first verify that a woman is a Muslim. Does that mean that an enforcement officer will stop the woman, ask to see her identification card (IC), look to see whether she is Muslim, and then if yes, proceed to look her up and down to assess her dressing? Most enforcement officers are men – so, isn’t this going to be a problem?
A: That is deviating the issue from the real issue. The real issue we are concerned about is when a married woman is attracted to a woman. Or when a young girl who is growing up and her social process is not in keeping with her fitrah. In the long run, this won’t be good for her. Men need women, and women need men. This is what we are trying to protect.
If we did not remind people that this is a deviant trend, are we willing to see how the next generation is going to look like?
This fatwa is intended to bring about good. Even though it is advice and guidance for Muslims, it is actually suited to the universal values of other religions.
Does Judaism, Christianity, Hinduism, Taoism, or Buddhism allow lesbianism?

Q: Do you consider homosexuality to be a ‘contagious disease’?
A: If we look at Eastern Europe and some states in the United States, there is a move to legalise these things there, from pressure groups or international organisations. But this is a social movement. We are looking at the issue from a religious perspective.
NGOs in Malaysia’s who held demonstrations protesting this fatwa were largely non-Muslim – the people behind the demonstrations. That’s why I want to ask: In their religions, is lesbianism allowed?

Q: Maybe you are mistaken in thinking that they are objecting to your stand against homosexuality. Perhaps they are objecting to your restricting women’s rights to choose their own clothes.
A: If that is true, then that means they don’t understand the real issue.
The issue of pengkid is not just clothes. We have stated clearly that among the characteristics of a pengkid is the dressing. What we are discussing now is pengkid.

Q: Let’s look at khalwat (close proximity) raids. When enforcement officers suspect khalwat is taking place, they knock on the door in the middle of the night. The occupants of the residential unit, who are not up to any mischief, are sleeping. They are all chaste girls and there are no men hiding in the unit. But the enforcement officers barge in and start taking photos of these girls in their sleepclothes. These sleepclothes are not of the same standard of decency that a woman would wear if she were receiving guests in the daytime. But these enforcement officers take their photos in this state of undress. Isn’t this an offence? Whereas, the initial intention of the rule is different. But because the rule is there, it can be misused by an enforcement officer who has different objectives. This is the concern.
A: I think we’ve gone into a different topic. I don’t think we’re talking about pengkid anymore.

Q: This is about the repercussions of a fatwa. The niat might be good, but the application might be wrong. If we are realistic, we will admit that not all things that start with good intentions will end in goodness.
A: But we have to differentiate between principle and enforcement.
The principle of a certain law has to exist. It doesn’t mean that just because we are worried the enforcement will be wrongly applied, we don’t establish any laws.
For instance, we have the Penal Code. But there are people who misuse the Penal Code. We know that the police have been known to do this.

Q: But the police have their Standard Operating Procedures.
A: The Jabatan Agama (religious department) also has an SOP, but not a lot of people know that.
Just because one or two people masquerade as police, or there are some unethical policemen and do not observe legal procedures, does this mean we shouldn’t have these laws? What would happen to society?
We are talking about principles. We have to be clear on what is right and what is wrong. We have to do this either through codifying laws, or through a fatwa that gives guidance.

Q: Is it not possible, when issuing a fatwa like this, to add a proviso that says that the people who can guide or advise these women are only the parents and husband, and everyone else cannot disturb these women? Because if you really want to guide these women, then at least it would limit it to the people who are really involved in these women’s lives, rather than strangers who would just harrass.
A: That would not be practical or realistic at all. And it runs counter to the spirit of dakwah.
It is true that the parents, immediate family, and husband or wife have a right and responsibility to advise and protect their family members. A husband has the responsibility to protect his family. A wife has the right to advise her husband and family. But this does not mean that other people in society do not have the right in religion to correct a certain situation. In other contexts, we have such a thing as social responsibility. We cannot say, in the instance of hooliganism, that only the parents or elder siblings should admonish the child.
When it is something that can bring about ill, the person closest to the offender has a greater right and responsibility to take reparative action, but other people also have a role to play. That is the difference between seeing things from the perspective of dakwah and the western perspective of human rights.

Q: As we have seen from history, everytime society says it wants to protect women, in the end, it is the women who become victims.
A: I would like to challenge international research agencies to do a study on where women are safest.
Actually, it is women who live in a community that practises Islam that are safest. Because they are protected.
We can prove this with research. And don’t take isolated cases. Isolated cases exist everywhere.

Q: As a journalist, I go to all sorts of places in Kuala Lumpur and Malaysia. And, 99.99 per cent of the people who harass me are Malay men.
A: That’s why I said, “people who practise Islam”. Islam meaning protecting women. Those who harassed you were Malay men, but not Muslims who practise the teachings of Islam. We are talking about the teachings of Islam, not Malay culture.

Q: But laws are not for the good people, they are for the bad people. Good people, even if there are no laws, would still be good people.
A: If we had no laws, a social system that could guide and advise us, or religious teachings or fatwas, do you think this world would be peaceful?

Q: Yes.
A: What I mean is, our lives would be more secure and harmonious if there were laws and a social system that protected us. In the context of Islam, laws are Shariah (a way of life).

Q: If this fatwa is to stop homosexuality…
A: Lesbians. It’s to stop lesbianism.

Q: Why didn’t you come out with a fatwa reminding everyone that homosexuality – male or female – is wrong, and homosexuals should be advised about this. Why did you focus only on lesbians?
A: Everyone understands homosexuality and lesbianism. In the context of religion, this is a deviant practice.
But we are focusing on pengkids right now because it is a new trend that some people in society feel is not wrong. They see it as only a trend. If you only look at clothes, it might be seen as only a fashion trend.
This is what worries us.
As far as leabianism, homosexuality and zina (illicit sex) are concerned, there’s no need for a fatwa, because the rules are already clear on this. I think everyone already understands this. And all the provisions exist in law.
A fatwa focuses on new things where society is uncertain of its rightness or wrongness.
As a result of Jakim’s study, we concluded that this is a trend that our society seems unclear on, and even Muslims think it’s a normal thing. And this is something we are concerned about, because it can influence our children.

Q: You don’t think it’s a problem when, instead of casting your gaze downwards (from looking at people from the opposite sex), you are looking at the way a woman is dressed and assessing whether her clothes are too tight or too manly?
A: Actually, we don’t have to stare; it possible to see with just one glance. (laughs) Staring at a woman is a separate sin.

Q: Isn’t it that in Islam what is important is what is inside – your substance – instead of what you are wearing? Your niat is the most important, isn’t it?
A: That’s incorrect. Your interpretation is wrong.
Yes, it’s true that there is a hadith which says that our actions are judged based on our niat, and there is another hadith that says that Allah looks at our hearts. That’s because iman (faith) rests in the heart; and the Allah’s acceptance of our actions is based on our niat. That is the way Allah judges us.
But, in life, we are also bound to the principle that humans judge based on what humans can see. What is hidden can only be judged by Allah.
For instance, even if I cover all my aurat perfectly, like today when I am wearing the baju Melayu, but if I have an evil heart, even though I am dressed like a true Malay, or true Arab, or true Indian, I would still be a sinner because of my evil heart. That is one way Allah judges you, according to what is in your heart.
But Allah also judges you on your actions. In this context, there are things that are forbidden and things that are encouraged.
In dressing, for instance, the question of intention is one thing.
If I were to dress in such a way that exposed my aurat, even though my intentions are good, it is still an offence. The same as if I am properly dressed but have bad intentions. I have still done wrong.
You are judged on what is in your heart and how you translate that intention in your actions.

Q: Is it possible that there is a misunderstanding that a woman who dresses as a man will become a lesbian?
A: It looks as if we are only discussing clothes today.

Q: This is the thing that has created uproar in the month since the fatwa was announced.
A: But in the fatwa council’s discussion about pengkid, we spent less than five minutes talking about dressing.
If you look at our explanation on the issue, you’ll see that “pakaian” (clothing) is only mentioned a couple of times.

Q: But that paper is not issued to everyone. That is why this misunderstanding could have occurred. I myself looked all over the Jakim website for it.
A: We haven’t had a chance yet to explain the fatwa.

Q: But it’s been a month since the fatwa was announced.
A: When we announced the fatwa, we did try and explain it, but during the question and answer session with the Press, what they focused on was the issue of dress. Society has been misled by the media that is biased and prejudiced. This is not fair to the fatwa council.

Q: In one month, there has been no clear explanation of the fatwa. And so, it is not surprising if people are angry, because they do not understand the fatwa. And one month of no explanation is inexcusable.
A: Why is the media only just meeting us after one month? That has to be answered.

Q: I have been trying to see national fatwa council chair man Prof Datuk Shukor Husin for a while now.
A: Well, unfortunately, he’s been rather busy, visiting three countries and only just came back (two weeks ago).
But to completely put the blame on the media would not be right either.
We make only the decision of the fatwa available to the public. But for researchers or academics, they can come for the detailed explanation and get it at any time. In fact, there are so many of these people, that we can sometimes barely attend to them. But even so, we are always very glad when people come to study the fatwas and ask how they are decided.

Q: How is a fatwa decided?
A: At Jakim, the process is based on studies. We prepare a research paper. If the issue concerns Shariah, we bring it to the panel that studies shariah issues, which consists of muftis and academics who are not Jakim staff and who are free to voice their opinions. We also have women.

Q: When deciding on this fatwa, were there any women involved?
A: After undergoing that process, we then bring the matter to the national fatwa council committee. We also have women in this committee, but not many people know this.
But the issue is not whether the fatwa was brought out by men or women. What is important is that research is done in a comprehensive manner. If a person is an expert, we invite that person to contribute.

Q: If a matter involves women, women should at least be consulted. Because Puan Najibah (the Jakim public relations officer) and I,for instance, both know that even if we were to dress up as men, we wouldn’t be attracted to women. If I were to dress you up in a baju kurung, do you think you might be attracted to Ustaz Zakaria (his special officer)?
A: (laughs) Oh dear, this is starting to feel like a court room.
Don’t forget, even though we might not be attracted to people from the same sex, they might be attracted to us.

Q: Well then, you shouldn’t dress like a man, otherwise I might be attracted to you…
A: Well, that would be in keeping with our fitrah. If women liked men, and men liked women, that is fitrah, and it can be legalised through the institution of marriage.

Q: What would happen if you dressed as a man, and a gay man was attracted to you?
A: That would be a different sort of crime.
That’s why I keep repeating, it’s not all about the clothes.
A man could seem extremely masculine, but in reality he is gay. What is at fault is not his clothes, but his homosexual behaviour.

Q: Surely you can see how, from a fatwa that had a good niat, in just one month it could be interpreted in so many different ways. That is the nature of mankind, to misinterpret things. And we haven’t even got to the enforcement stage yet.
A: We aren’t talking about enforcement yet. If the matter gets to an extreme level where, if we do nothing, the homosexual and lesbian culture becomes widespread, we might have to have enforcement. We are trying to save society.

Q: Let’s say if I were to dress like my photographer just now, and I get harassed by people because of this fatwa. What is my right? I’m not talking about enforcement by law, but enforcement by society.
A: If we talk about enforcement, it’s only the legal authorities, who have been given enforcement powers. People who have not been given enforcement powers are breaking the law if they try to do the enforcing. There are provisions to deal with those kinds of people.

Q: Is anyone going to be given the powers to enforce this fatwa if it is gazetted?
A: We already have religious department enforcers. In any case, at this moment, we have in the law what is called musahaqah. That is, when a woman has sexual relations with another woman.
(The penalty for this offence is a fine of not more than RM5,000 or imprisonment of not more than three years, or whipping of not more than six lashes, or a combination of any of these).
So far, there hasn’t been a case yet, but surely we’re not going to wait for this problem to arise before we do anything. We hope it won’t ever happen, but whatever that might lead to crime must be stopped. The same with any crime. If you study criminology, in any criminal system, if something can lead to a crime, there will be laws in place that will prevent this.

Q: But in the criminal system, a person is only penalised when he has committed the offence and is proven to have committed the offence.
A: That is another matter.
But if it is an act that may lead to a criminal act, in any criminal system, whether in the east or the west, there will be a system that will obstruct it.
For example, you need a licence to own a firearm. If you don’t have a licence, you can be penalised. This is to prevent a crime from happening.

Q: Can clothes be a weapon that can lead to a crime? The reason I keep coming back to this issue is because it is part of the wording in the fatwa. And, it is actually quite possible that people will forget the initial intention of the fatwa was to curb lesbianism, and focus solely on harassing women who seem to be dressed like men.
A: I think we have become stuck in a western values trap that makes the dresscode an excuse to denigrate our religion and values.

Q: But it is not westerners who are going be the main cause of the problem. It will be easterners like us.
A: I meant in the way we think. We are thinking about fiqh and unhealthy practices, and we have fallen into this trap. We have to look at it from the right perspective. We should prioritise the implied meaning of the fatwa.

Q: If everyone we were dealing with were all good men and women, this wouldn’t be a problem. The problem arises when there are people who do not think logically or rationally.
A: We will deal with that with the values and laws that already exist. If someone infringes on the rights and privacy of another person, I think we are not short on laws to deal with that.

Q: What if someone says, “Oh but the fatwa says I must advise or admonish you,” but the focus of admonishment is something altogether different?
A: Does the fatwa says that all people must be involved in this? The fatwa determines the principle, as a guideline for family members, educators. If we do not create this awareness, I cannot imagine what the character of Muslims or non- Muslims will be like in the future. Will Kuala Lumpur be another Bangkok or Helsinki?
We want our own Malaysian identity. Particularly as Malaysia is a Muslim country. We are admired for our strong faith, and for the moderate approach that we practise. It is a model for the entire 56 OIC (Organisation of the Islamic Conference) member countries.

Q: Is lesbianism or homosexuality a ‘contagious disease’?
A: Do we want to wait for it to be of disaster proportions before we take action?
Looking at the current reaction, it will become a disaster if we don’t do something now.

Q: But if you go to western countries, it doesn’t appear to be something that’s ‘contagious’.
A: Can you prove that it isn’t?

Q: Can you prove that it is?
A: We can prove it. Because it spread to this country. That’s proof that it’s contagious. That’s dangerous.

Q: Did it come here, or was it already here?
A: If each ethnicity practised its traditional culture, the issue of pengkid would not arise. Look at how traditional Malay women dressed, and look at how Indian and Chinese women dress. Looking at just the ethnic elements and not the religious ones, you can tell an Indian woman from an Indian man from the way they are differently dressed according to their tradition. 
Just like Muslims, if we all observed the pure and clean elements of our culture, the issue of pengkid would not arise.

Q: When would you say this problem came to Malaysia?
A: It’s been around quite a while. But it was imported.

Q: Is it bad because it was an import? Islam was imported in to this country, too.
A: That’s true. Something is not bad just because it is an import. What matters is whether it has positive or negative values. If we import nano-technology, for instance, then that is an example of a good import.
For Jakim, which is an Islamic institution, what is not a good import is anything that contradicts the teachings of Islam.
All people of any religion or culture should be worried about this problem, because it can bring about social decline. Why should it be just Islam that has to do this battle? And why are people looking askance at us, whereas we are trying to save all of society?
If people of other religions also obeyed this fatwa, I’m certain it will bring good to Hindus, Buddhists and so on.
We are talking from the perspective of religion. Is what we have outlined from the Islamic perspective not good for Malaysians who are not Muslim?
If we respect this fatwa, will it visit harm on Muslims?
I would like non-Muslims in Malaysia to understand that the teachings of Islam is for the good of all.
People should realise that if the application or enforcement of a law is flawed, it is the fault of the person who is enforcing, and not the law itself. Because otherwise, does this mean we should abolish moral law?
When people question why should there be people to decide what we can wear, they are no longer questioning the enforcement of the law anymore, but the law itself.

*********************************************************************

Sexuality has little to do with dressing

By: Tan Choe Choe

(source)

Photographer Shiraz Yasmin Ali, who is happily married with two children, dons shirts and pants most of the time because it’s convenient and safe.

KUALA LUMPUR: Can you tell a person’s sexuality by the way he or she dresses?

Before you attempt to answer that question, let’s look at a picture of Shiraz Yasmin Ali. 
Can you tell whether she is engaging in homosexual behaviour? 
Shiraz, 43, who’s been happily married for 18 years and is a doting mother of two beautiful girls, is a New Straits Times Press photographer.
A big part of her wardrobe is made up of shirts and pants.

“Dressing like this is just more convenient. As a photographer, I sometimes have to climb up to high places or get wedged in tight spots just to get that perfect picture. 
“You can’t wear a skirt and expect it not to get in the way,” she said.
Occasionally, Shiraz feels it necessary, for safety reasons, to reinforce the perception that she’s a boy by pairing her short crop with a cap, especially when she’s driving home late by herself at night.
“A lot of nasty things can happen to a lone woman driver,” she said. 
But Muslim women like Shiraz may soon lose their freedom to dress as the National Fatwa Council has ruled that tomboyish behaviour is forbidden in Islam. 
On Oct 24, council chairman Datuk Dr Abdul Shukor Husin reportedly said the decision was prompted by cases of young women behaving like men and indulging in homosexuality.
But how do you enforce this fatwa on a woman like Shiraz, who may decide to go baju kurung on you anytime of the week? 
Shiraz thinks it is “wrong and unnecessary” for the council to dictate how women should dress or wear their hair. 
Her sentiments are clearly demonstrated in the case of self-confessed lesbians like Portia de Rossi, 35, and Lindsay Lohan, 22.
De Rossi is an actress who is perhaps best known for her role as lawyer Nelle Porter on the famous television series, Ally McBeal.
She also played Lindsay Bluth Funke in the multi-award-winning television sitcom, Arrested Development.
In 2005, this sexy Australian admitted in various interviews that she was a lesbian.
And on Aug 16, she married popular talk-show host and comedienne Ellen DeGeneres. 
Young American actress and singer Lohan is now openly in a relationship with celebrity disc jockey Samantha Ronson, 31.
It is quite apparent that both de Rossi and Lohan do not exhibit any tomboyish behaviour; nor do they dress boyishly.

Published in TheNutGraph on 17th November 2008

by Shanon Shah

JANGAN cabar fatwa. Itulah arahan yang dikeluarkan oleh Menteri di Jabatan Perdana Menteri, Datuk Seri Dr Ahmad Zahid Hamidi, tanggal 10 Nov 2008. Menurut laporan Utusan Malaysia, arahan tersebut dikhususkan kepada pertubuhan bukan kerajaan (NGO) bukan Islam, Katagender dan Food-not-Bombs, yang berdemonstrasi membantah keputusan Majlis Fatwa Kebangsaan tentang pengharaman pengkid 23 Okt lalu.

Malah Ketua Polis Negara, Tan Sri Musa Hassan, juga memberi amaran yang sama kepada “NGO bukan Islam” berkenaan pada 13 Nov. Pulak dah!

Laporan mutakhir untuk Zahid dan Musa — Katagender bukannya satu “NGO bukan Islam”. Ia merupakan satu kolektif pelbagai kaum dan agama, termasuk lelaki dan wanita Islam. Dan bantahan terhadap fatwa ini bukan hanya timbul di kalangan orang bukan Islam. Ramai juga orang Islam yang mempersoalnya. Artikel saya sebelum ini juga merujuk kepada isu ini.

Tapi menurut Zahid lagi, tidak wajar untuk sesiapa “mempertikaikan sesuatu hukum berasaskan logik akal semata-mata untuk kepentingan liberalisme bagi kelompok tertentu.”

Ini bukan satu pendapat yang baru, atau pendirian yang khusus kepada Zahid. Kira-kira tiga tahun yang lalu, presiden Angkatan Belia Islam Malaysia atau Abim, Yusri Mohamad, menggunakan hujah yang sama apabila beberapa kumpulan wanita membantah Rang Undang-Undang Keluarga Islam (Wilayah Persekutuan) (Pindaan) 2005.

Menurut laporan Utusan Malaysia, 12 Jan 2006, Yusri berkata, “[P]eruntukan yang ada dalam [Rang Undang-Undang Keluarga Islam] itu tidak seharusnya dibahas atau diperkatakan mengikut akal fikiran manusia kerana ia berasaskan hukum syarak.”

Presiden Abim Yusri Mohamad Katanya lagi, “Kita juga perlu ingat tidak semua orang boleh bercakap mengenai hukum syarak kerana ia berasaskan Al-Quran dan hadis.”

Masa saya Tingkatan Dua, ustaz saya juga pernah berpesan supaya jangan mempersoal hukum agama. Nanti jadi gila, katanya. Jadi saya pun berhenti mempersoal apa sahaja tentang agama Islam, sebab saya takut nanti saya jadi gila.

Namun, saya terus terbaca dan terdengar perkara-perkara berbau diskriminasi terhadap wanita, bukan Islam, dan golongan gay, lesbian dan mak nyah — tetapi bertopengkan “hukum” atau “fatwa”. Inilah yang membuatkan saya hampir-hampir gila, bukannya soalan yang saya ada tentang firman Allah.

Menurut perintah

Tetapi, adakah perintah yang dikeluarkan oleh Zahid itu tepat? Benarkah di dalam Islam, orang Islam mahupun bukan Islam tidak boleh menggunakan akal dan logik untuk menilai sesuatu hukum?

Saya bukannya seorang ulama, tetapi saya merupakan seorang Muslim yang selalu mendapat ilham daripada kitab suci Al-Quran.

Allah berfirman dalam Surah Al-Jaathiyah, Ayat 5: “Dan [pada] pertukaran malam dan siang silih berganti, dan juga [pada] rezeki yang diturunkan oleh Allah dari langit, lalu Ia hidupkan dengannya tumbuh-tumbuhan di bumi sesudah matinya, serta [pada] peredaran angin, [semuanya itu mengandungi] tanda-tanda [yang membuktikan keesaan Allah, kekuasaanNya, kebijaksanaanNya, serta keluasan rahmatNya] bagi kaum yang mahu menggunakan akal fikiran.”

Bagi saya, jelas sekali Islam mementingkan penggunaan akal fikiran untuk menilai dunia dan kewujudan alam.

Tetapi besar kemungkinan pendirian saya akan diserang kerana saya tidak mempunyai tauliah sebagai seorang ulama. Jadi saya ambil satu contoh dari sejarah perkembangan Islam pada awal abad ke-20, yang diceritakan dengan lebih terperinci dalam Islam: A Short Introduction, oleh Abdulkader Tayob.

Pada masa itu, komuniti Islam di India sedang dilanda kekeliruan tentang peranan teknologi dalam amal ibadat. Sekitar masa ini, alat pembesar suara mula digunakan dalam pelbagai konteks di serata dunia. Masyarakat Islam di India tidak tahu sama ada alat pembesar suara boleh digunakan dalam konteks sembahyang berjemaah.

Dalam sembahyang berjemaah di masjid, imam akan berdiri di hadapan dan menerajui semua bacaan dan gerakan yang akan dituruti oleh jemaah yang lain. Apabila bilangan jemaah terlalu besar, saf di belakang mungkin tidak dapat melihat atau mendengar imam. Jadi, beberapa orang mukabbir akan menyelangi saf-saf pada jarak tertentu dan mengeluarkan laungan yang menjadi panduan kepada jemaah lain untuk mengikut pergerakan imam.

Tetapi pada tahun 1963, satu fatwa yang penting diterbitkan oleh Mufti Muhammad Shafie dari madrasah Darul Uloom, Deoband. Darul Uloom diasaskan pada tahun 1867, dan mempelopori ajaran mazhab Hanafi. Ia merupakan salah satu institusi dakwah Islam yang paling terkemuka di dunia. Malah, saya terbaca dalam majalah Off the Edge edisi November 2008 bahawa Mursyidul Am PAS sendiri, Datuk Nik Abdul Aziz Nik Mat, telah melanjutkan pelajarannya di Deoband pada tahun 1950an.

Tapi kita berbincang tentang Mufti Shafie, bukan Nik Aziz. Shafie telah mengeluarkan satu fatwa yang mengharamkan penggunaan alat pembesar suara dalam solat berjemaah. Ini bukan calang-calang fatwa. Impaknya pun amat serius kerana walaupun golongan Islam merupakan minoriti di India, populasinya tetap gergasi jika dibandingkan dengan negara-negara lain.

Namun, beberapa tahun selepas itu, alat pembesar suara mula digunakan secara berleluasa untuk solat jemaah dalam masjid-masjid di Mekah dan Madinah, tanpa sebarang pengharaman oleh ulama Arab Saudi. Jadi, Mufti Shafie terpaksalah mengkaji semula fatwanya, dan akhirnya menterbalikkan pengharamannya terhadap penggunaan alat pembesar suara.

Kepentingan umum

Jadi, bagi sayalah sekurang-kurangnya, sesuatu fatwa itu penting untuk mencapai kesinambungan dalam penghayatan agama Islam. Akan tetapi, fatwa boleh berubah mengikut keadaan dan keperluan semasa. Malah, fatwa boleh dicabar dalam konteks tertentu. Dalam sejarah Islam, para alim ulama sering mengeluarkan pendapat tentang hukum-hakam, tetapi mereka amatlah merendah diri dalam hal ini.

Imam Shafie sendiri pernah berkata, “Pendapat saya adalah betul, namun kemungkinan bahawa saya salah tetap wujud.” Dan pemikirannya telah menjadi asas kepada mazhab Shafie yang tersebar ke Asia Tenggara.

Ketika pemerintahan Abbasid, khalifah Mansur pernah cuba mempamerkan Muwatta oleh imam Malik di Kaabah, sebagai panduan kepada rakyat di seluruh empayar Islam. Malik tidak membenarkan Mansur berbuat demikian, dengan hujah bahawa umat Islam di kawasan yang berlainan mungkin mempunyai pandangan dan tafsirannya sendiri. Kata Malik, “Kepelbagaian pendapat itu adalah rezeki Allah kepada ummah.”

Jadi, adakah perintah supaya orang awam tidak mencabar fatwa mengambilkira realiti sejarah tamadun Islam seperti ini? Zahid berkata bahawa pihaknya bersedia untuk menjelaskan fatwa pengharaman pengkid tersebut kepada pihak NGO. Malah, Zahid berkata bahawa Wilayah Persekutuan akan cuba mewartakan fatwa tersebut secepat mungkin.

Jika fatwa tersebut diwartakan, ia akan membawa kuasa undang-undang — mana-mana wanita yang dianggap memaparkan ciri-ciri pengkid akan dilihat sebagai penjenayah. Adakah ini dianggap sebagai contoh hikmah dan kebijaksanaan yang dibawa oleh Islam?

Saya sendiri bukannya mempersoalkan fatwa ini sekarang. Tetapi saya ingin tahu bagaimanakah pewartaan dan pelaksanaan fatwa ini akan menjamin keadilan dan kesaksamaan terhadap rakyat Malaysia?

Benar, kita tidak patut mempersendakan atau memperlekehkan mana-mana ajaran agama di Malaysia yang majmuk ini. Tetapi, bila sesuatu fatwa itu digunakan untuk membentuk dasar awam yang memberi kesan mendalam kepada kepentingan umum, kita semua berhak untuk melontarkan pendapat masing-masing secara terbuka.

Voice Comment: (206) 338-ONG-9

:: download file :: listen on iPhone ::

Duration: 26:18 | 24.5 MB | Stereo |

Along with over 300 people, I attended the Kansas City’s own Fight the H8 rally. I chatted with many people and asking them why was it important that they are out there in the cold to be in this rally.

This will be one of the top issues of my life to fight for the right that was taken away from me simply because I’m gay. Yes, this is personal. You won’t stop hearing from me.

Listen to the audio podcast by clicking “play” on the audio player above.

Nakedwriter covers the Protest Against Prop 8 from downtown Boston.

Under the dreary skies of a downpour, I trudged along the sidewalks to the meeting place. No one seemed to be around. I wondered if the weather had dampened our spirits. “Even God doesn’t like us,” remarked one of my co-protesters.

And then, almost without warning, a group of semi-soaked individuals, umbrella and poster clad, came marching upon us. “Gay, straight, white, black. Marriage is a civil right!” they chanted. I was engulfed by the crowd, pulled along, and marched closely, chanting:

Gay. Straight. Black. White. Marriage is a civil right!

Supporters we passed cheered and clapped, while drivers honked their support. We made our way, half wet, to the plaza in front of the Boston City Hall. It was quite empty, quite quiet.

It took another half an hour before the crowd swelled. All sorts of people, families, couples, individuals, college students, teachers, mothers, legislators, musicians, artists, bikers, were present with their chants and boards.

“Prop 8 = Hate”

“California. WTF??”

“Liberty and Justice for All.”

“All Families are Equal.”

Speeches soon began. They crowds chanted for equality. Boo-ed at DOMA (Defense of Marriage Act). Chanted for change. Boo-ed at the people who mislabel us. Chanted for hope.

A journalist asked us, why were we internationals, unconcerned with the legalities of a foreign America, bothered about showing up. “America is seen as a pioneer. Change is followed elsewhere in USA’s footsteps…” pause “when it pertains the rights of LGBTQ,” someone said. “Because we’re fighting for an international cause: the right to love.”

“Because at home, women are told they can’t dress too manly,” I added.

At about 12.00pm to 2.00pm today, activists from KataGender and Food Not Bombs Kuala Lumpur as well as Tilted World contributers (not me – I had an exam ) marched from Ampang Park LRT station to KLCC to protest against the fatwa on tomboyism.

From Malaysiakini:

About a dozen protesters marched through Kuala Lumpur denouncing the recent ‘discriminatory’

MCPX

fatwa(religious decree) against tomboys. 

 Those involved were from two groups Katagender (which promotes gender sensitivity) and Food-not-Bombs, and included several men.

Armed with a large banner which read Lawan semua fatwa menindas perempuan (Oppose all fatwa which oppresses women)”, the protestors marched from the Ampang Park LRT station to the vicinity of KLCC.

Other small posters read ‘Tomboy is not a crime’ and ‘Stop controlling clothing and thoughts of the rakyat’.

As the protesters marched, they chanted slogans such as “Stop oppression against women” and “Short hair, who cares?” which drew the attention of curious lunch-time onlookers.

The group gathered briefly near the Jalan Ampang entrance to KLCC to chant slogans and distribute leaflets but dispersed after security personnel told them to leave.

One leaflet, citing information available on the Internet, explained the difference between gender identity and sexual orientation.

Another was an open letter to the National Fatwa Council. Among other aspects, it decribed the fatwa as discriminatory. The letter will be posted as an online petition, to gather public support.

 Dressing and sexual orientation 

On Oct 23, the council had ruled that Islam is against tomboys – specifically females displaying masculinity. It claimed that tomboys are inclined to behave like men and indulge in homosexuality.

Spokesperson for the protesters Lee Wei San said that the council’s decision was ill-conceived.

“What we are saying is that gender expression, identity and orientation are different things altogether,” said Lee.

She said that women should have the right over how they want to express themselves or dress.

“Why is the woman’s body always the battlefield of society’s morality?”

Another member of the group, who requested anonymity, said when contacted: “We got together because we feel strongly about the issue, even though the majority of us are not tomboys.”

Sign the peitition ‘Open Letter To The National Fatwa Council and Malaysians‘ here.