The recent fatwa issues dealing with women and tomboyism has more than caused a tiny ripple in the Malaysian pool of faith, sexuality and liberality. Despite the fatwa affecting no more than the Muslims themselves, many of us have taken an active stance on the Islamic ruling – more so on the feminist side of things, as the fatwa tethered on the borderline of the equality of women’s rights to men, nudging Muslim women who embrace physical exercise, or male fashion to be lopped together into a stereotypical category of lesbianism as a tomboy.

Which of course, completely ignores the fact that male fashion on females has been acceptable by society norms for decades – as well as physical exercise now embraced as a health tradition among people who intend to live a fuller, better life. Never mind that these women want to look good and feel good after weeks of long workouts at the gym, or the fact that some of the girls would like to take up some self-defense skills from a weekly kickboxing class – let’s stereotype them all together as a tomboy with intentions to one day have sex with other females, turning into a lesbian.

As if it all was too easy for a woman to be swayed into doing the “scissor sister”, just by the activities she takes up! So a good wife is one who spends her time in the kitchen, cooking and cleaning day and night I assume? Womanly attributes you could say, as there’s no place for a woman to be out in the world working (or should I say: wearing the man’s pants), or trying to take up a hobby in sports, and the like? Because at the end of the day, all that she does will justify her beliefs and faith, and it will make her a tomboy and she’ll run off with the nearest lesbian? Really now?

Open up your eyes, Malaysia!

This is all a stereotypical view of how society views the community when it comes to being homosexual or effeminate. In fact, let’s put that away altogether now, and let’s just focus on the matter at hand. What the fatwa is suggesting is that the act of merely performing such rough, physical activities as a woman does not condone very womanly (or feminine if you will) behavior. It’s nearly the same as saying that men should not cook, clean, or do any other job except that of hard toil and labor – the idea that a man is only worth as much as the physical strength and stamina he displays, and a woman only as feminine and domestic as she comes. A really sterotypical look at how Neanderthal we all really can be sometimes in the modern world – the woman has no say, the man holds the reins and all is well (no wonder the feminists are screaming!).

Let’s face it: sexuality aside – all I’m trying to say is the way the fatwa is written makes it seem that men and women are easily persuaded to do the “dirty” just by the hobbies they take up and the clothes they wear. Pink, a seemingly gay color – will make men gayer. Trying to watch your waistline by going to the gym and working out is a no-no for the girls because it makes you a dyke. Come on, can you listen to how silly it sounds! It is understandable if the rules clearly forbid homosexuality – but to set a guideline about how a woman should carry or dress herself (especially when it comes to pants, short hair and very seemingly “manly” attributes) in prevention of sexual deviancy: it’s shallow. I don’t know how you would like to classify this idea even: the ignorance of mankind’s evolution or a misunderstanding motivated by homophobia?

Someone please give me the answers to this.

At the date of this writing, the fatwa has not finalized by the Malaysian National Fatwa Council (NFC) yet. However, the fact NFC is planning on issuing such a fatwa is worrisome.

Should anyone have the power to legally and socially define tomboy mannerism? If the council and the policing body have the right to persecute someone based on arbitrary definition of mannerism, what is to prevent them from turning every deep-tenored, pants-wearing, bald-headed women or every limping, french-accented, foul-body odored, six-fingered men into criminals? Bottomline is attempting to criminalize individual mannerism leaves much room for abuse. Two possible abuses can stem from empowering the National Fatwa Council to monitor and control one’s behavior and possibly perpetuating Machiavellian biases towards women.

First of all, this fatwa implies that the council will be capable of defining masculine and feminine behavior. Are Malaysians not concerned that this fatwa is going to set the precedence allowing the council and its policy body the power to criminalize behavior and regulate individual mannerism according to their biases? Who is to prevent them from regulating how one speaks, how one sleeps or what color one’s car should be in the future? There is an interesting pattern of fatwa issuance lately – the 2005 fatwa against taking part in SMS contests, the 2007 fatwa against supernatural exhibitions, the 2008 potential fatwa against yoga to name a few. The Big Brother trend may soon evade every aspect of one’s life.

The other issue is the Machiavellian impact this fatwa can have. A simple example is that the National Fatwa Council could theoretically deem argumentative, aggressive and competitive behavior as masculine in nature. Given the scenario of a wife arguing with the husband, or a women aggressively pursuing a promotion at work or a talented female student needing training resources, what is to prevent a deranged husband from reporting a wife for masculine behavior after a heated argument, old-boy networked males from denying female peers promotions or budget-short schools from prohibiting female students from competition or sporting events and using the fatwa as an excuse. Hope for a fair and just trial is just that – hope.

Another point to surface is that tomboy mannerism and sexual orientation is not mutually exclusive. Just as a woman who is masculine in appearance is not necessarily a lesbian, a feminine woman is not necessarily heterosexual. Mannerism may reflect one’s sexual orientation but it is not the only defining characteristic of one’s sexuality. Attempting to prevent boyish mannerism in women to curb homosexuality is not a very efficient way to address the situation. This fatwa will only alienate straight Muslim women who do not fit into NFC’s standards of femininity, reaffirm the social bias against transgendered Muslims and offend the sensibility of most people.

One can argue that issuing a fatwa against tomboy mannerism goes against the teachings of Islam. Gender variations exist and are legally acknowledged in advanced nations and religion including Islam.

Specifically, Islamic scholars have long acknowledged at least two other gender variations: ‘Khunsa’ (intersexed) and ‘Mukhannathuns’ (transgendered)”

Further example of gender variation is contained in an interpretation this Quranic verse which offers a reference to sexual orientation and gender:
42:49 “To Allah belongs the dominion over the heavens and the earth. It creates what It wills. It prepares for whom It wills females, and It prepares for whom It wills males.
42:50 “Or It marries together the males and the females, and It makes those whom It wills to be ineffectual. Indeed It is the Knowing, the Powerful.”
Arabic: “Lillahi mulku us-samaawaati wal’ardhi. Yakhluqu ma yashaa’u. Yahabu liman yashaa’u inaathan wa yahabu liman yashaa’u adh-dhukura. Aw yuzawwijuhum dhukraanan wa inaathan; wa yaj’alu man yashaa’u ‘aqeeman: innahu ‘Aleemun Qadeerun.”

Scholars have interpret “It marries together the males and females” as the third gender – intersexed or transgendered. Other scholars have interpreted “It makes those whom It wills to be ineffectual” to encompass barren men and women or individuals who have no desire for the opposite gender.

One hopes that fellow Malaysians are able to see the risk and impact of such a fatwa.