I was trying to get out of the Federal Highway that night. I was definitely not comfortable having over half a dozen motorbikes chasing after me. They were kicking my car as it slowly negotiated a temporary jam. Sensing danger I tried to call the police, but my hand phone fell and in the darkness my left hand frantically tried to find it. One of the riders then removed a helmet and crashed it against my door. I was a helpless tortoise target.

Then as the minor jam clears I saw a path to the expressway. I quickly turned into it. They were not supposed to be at the Federal Highway, they were supposed to be at their motorcycle lanes, I thought. But the police cannot stop these “rempit” menace, but then the police likes calling people like me a menace. I sped to the toll booth, and then enter the expressway. I ran at 170 kilometers an hour. The gang of motorcyclists soon vanished behind me. My car light was smashed. The right side of my car dented and there were scratches.

I was targeted by this group who kept on yelling derogatory names as I entered my car after dinner at an Indian-Muslim restaurant. I ignored them as I rushed in. They came with their bikes after me. I am a transsexual female. They are a transphobic motorbike gang. They have every intention of beating the hell out of me. If I died that night, police would just treat me as “john” doe. There would be no reports unless someone noticed I had gone missing and found my body. I may survive, but with an experience that will haunt me.

But I remember. And I am fortunate to still be alive to remember what happened. And I remember those who did not have this opportunity. Because they are dead. They are victims of hate crime and violence. Many have died, and many deaths go unreported because our lives are just not worth the time. But as we all grow and begin to show our faces to society, along with our lives and dreams, people will surely remember our lives.

And we will remember our dead. Today is the Trangender Day Of Remembrance 2008.

Tilted World, remembers.

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.

The article regarding the (lack of) acceptance for transexualism in Malaysia is definitely vexing me. Is our knowledge and understanding of the transexuals been such a peripheral superficial awareness that transexuality has suddenly been declared ‘haram’ (forbidden by religion) or declared ‘condemned by all religions as well as all civilized and decent traditions in millenniums of recorded history’ according to a commenter to The Star?

As far back as I can remember (and as far as the members of this blog are concerned, I am a granny), transgenders be they transvestites, cross-dressers, transsexuals and so on have always been part of the Malaysian community. They are our entertainers, our hair dressers, our bride consultants, our makeup counter ladies, our bus conductors, our occasional mechanics for as long as I can remember.

We have specific terms in the vernacular language to refer them. “Maknya”, “Pondan”, “Ah Qua”, “Kothis”, “T” are to name a few.

Even in the history of our religions and culture, there are ample records and recognition of transexuality. They exist and they have existed for a long time. Recall Brigannala from the Hindu Mahabharata epic. The story of Arjuna who as Brihanala (the female embodiment of Arjuna) educated the Virata princesses and helped the kingdom win the war against their enemy. Even a persona that figured prominently in our history books – Admiral Cheng Ho - the Chinese Muslim who had served as a go between Parameswara and the Chinese Emperor was a transgender.

Sex reassignment surgeries are allowed in ultra conservative countries like Iran. (Read more). Even in Malaysia, Muslim hermaphrodites are allowed to undergo sexual reconstructive surgery per a fatwa issued by the Malaysian Conference of Rulers.

What is different today that makes us unable to acknowledge transgendered Malaysians? Is our level of tolerance for diversity and understanding so low that we can’t celebrate beauty in the form of a transgender beauty pageant?

Is it right for us to expect them to amuse and provide services to us but not reciprocate with physical, mental and spiritual support? Every major religion I know in Malaysia advocates loving reciprocal relationships. I want the Malaysia I used to know where terms like “love thy neighbor” or “Treat your guests as they were members of your own family” are actually practiced and not served as lipservice.

In September 2007, the Syariah Court annulled Mohd Sufian Mohamad and Zaiton Aziz’s marriage. The court issued the couple a permanent divorce, despite Zaiton Aziz saying that she was in a physically and emotionally satisfying union.

The judge who presided over the case declared the same-sex marriage illegitimate because of Mohd Sufian’s original gender designation.

The judge who presided over the case declared the same-sex marriage illegitimate because of Mohd Sufian’s original gender designation.

According to a New Straits Times article, three doctors had conducted physical examinations and blood tests on Mohd Sufian and concluded that he is a woman.

The doctors should have conducted a psychological or psychiatric evaluation to determine Mohd Sufian’s state of mind.

Read the full article at: thecicak.com