scholarly journals The legality of Artificial sex change in Islamic perspective

rahatulquloob ◽  
2021 ◽  
pp. 19-26
Author(s):  
Dr. Muhammad Yaseen ◽  
Dr. Muhammad Shahid

Humans and diseases are related to each other since the creation. With the passage of time, humans were able to overcome different diseases. But still, they could not find out the solution for those people who were born in wrong bodies. The progress of medical science ultimately enabled them to restore their originality through corrective surgery or sex reassignment surgery. But soon this was also misused like the other researches by opportunists. The people who were healthy and have developed sexual organs got their sex change artificially without knowing the religious aspects. This article will highlight the Islamic aspects of artificial sex change surgery.

Author(s):  
Yevhenii Vasyliev

The tragic events of the Revolution of Dignity and the hybrid war have been reflected in various stylistics and genre parameters of dramatic works. The brightest of them were included in two recent anthologies, which were prepared and published thanks to the efforts of the Department of Drama Projects of the National Center for the Performing Arts named after Les Kurbas. The first of them, “Maidan. Before and After. Anthology of the Actual Drama” (2016), has absorbed 9 plays by the authors of different generations (Yaroslav Vereshchak, Nadiia Symchich, Oleg Mykolaychuk, Neda Nezhdana, Oleksandr Viter, Dmytro Ternovyi, etc.). The completely new second anthology “The Labyrinth of Ice and Fire” (2019) also consists of 9 plays (three of which are also part of the previous anthology), which are the reflections of the modern history of Ukraine. The texts about the hybrid war, which are included in two anthologies, are the subject of our analysis. The focus is on the genre specificity of these drama works. The genre modifications of archaic genres inherent in the Ukrainian theatrical tradition (vertep, mystery) are studied in the plays “Vertep-2015” by Nadiia Marchuk and “Maidan Inferno, or On the Other Side of Hell” by Neda Nezhdana. The functioning of the documentary and epic drama (“The Chestnut and the Lily of the Valley” by Oleg Mykolaychuk, “The People and Cyborgs” by Olena Ponomareva and Dario Fertilio) is analysed. The processes of episation and lyricization are considered. The peculiarities of intergeneric diffusion and the creation of a specific genre type — lyrico-epic drama are analysed. The actual monodramas of Neda Nezhdana “The Cat in Memory of the Darkness” and “OTVETKA@ UA” are highlighted, as well as the intermedial character of the genre transformations of Igor Yuziuk’s drama “C-sharp Sixth Octave”


Author(s):  
Tatiana Piccardi

ABSTRACTThrough the analysis of narratives on sorrow and pain, this paper attempts to verify the extent to which speakers seem to find relief and internal resources to rebuild their lives within their own processes of narration. The proposed reflections derive from two correlated experiences: (i) observing speeches of parents belonging to a group that supports grieving parents. These speeches led to a favorable mourning development; and (ii) the fact that the researcher had the opportunity to act as a ghostwriter of an unusual story: the one involving a transsexual who decided to undergo sex reassignment surgery and write about the experience to transform her pain into narrative. In both cases, the narratives seem to have been critical to transform their lives. In both cases, the empathy of the interlocutor(s) was fundamental to promote what I freely call “curative effects”. The starting point is the perception that each speech act can be understood in its wealth only within the broader context of its production. This includes checking – for the case of the fragments presented – the appearance of discourses about illness, death, loss, sexuality, which permeate our culture and get materialized into the speeches of the interlocutors. It is understood that curative effects as well as identity empowerment cannot be explained solely through the narrativization of personal stories about sorrow and pain, but it is equally understood that one needs a widely-held comprehension about the language movement that is enabled in those specific situations as to evaluate how language can be optimized in similar processes where transforming pain into narrative can be a matter of survival. My conclusion makes a few considerations on how these narratives can be deemed speech acts with curative effects that can promote life and reconstruct identities and how they act independently within the enunciative process. Austin’s (1975) speech act theory is the main theoretical prospect adopted, in a combination with recent debates about identity and reflections over the relations involving language, literature, narrative, and health promoted by GENAM, the Narrative and Medical Science Study Group of the University of São Paulo, Brazil.RESUMOEste trabalho busca verificar, por meio da análise de narrativas sobre dor e sofrimento, em que medida os respectivos enunciadores parecem encontrar alívio e recursos internos para refazer suas vidas por meio do próprio processo de narrar. As reflexões propostas são desdobramento de duas experiências correlatas: (i) a observação das falas das mães/pais pertencentes a um grupo de apoio a pais enlutados; falas tais que promoveram um desenvolvimento favorável do luto; e (ii) o fato de esta pesquisadora ter tido a oportunidade de ser a ghostwriter de uma história incomum: a de um transexual que decidiu realizar a cirurgia para mudança de sexo e resolveu escrever sobre sua experiência de modo a transformar sua dor em narrativa. Nos dois casos as narrativas parecem ter sido decisivas para transformar vidas. Nos dois casos, a empatia do(s) interlocutor(es) foi fundamental para que se promovessem o que chamo livremente de efeitos curativos. Parte-se da compreensão de que cada ato de fala pode ser entendido em sua riqueza apenas se inserido no contexto mais amplo de sua produção, o que compreende verificar, no caso dos fragmentos apresentados, a emergência de discursos sobre doença, morte, perda, sexualidade, que atravessam nossa cultura e se materializam nas falas dos interlocutores. Entende-se que os efeitos curativos e o empoderamento identitário não podem ser explicados unicamente através da narrativização das histórias pessoais de dor e sofrimento, mas igualmente entende-se que é preciso compreender melhor o movimento de linguagem que é acionado nessas situações específicas, para que se avalie como se pode otimizar a linguagem em processos semelhantes, em que transformar uma dor em narrativa pode ser condição de sobrevivência. Concluo com algumas considerações a respeito do quanto tais narrativas podem ser consideradas atos de fala com efeitos curativos capazes de promover vida e reconstruir identidades e o quanto atuam independentemente no processo de enunciação. A principal perspectiva teórica adotada é a teoria dos atos de fala de Austin (1975), combinada com debates recentes sobre identidade, e reflexões sobre as relações entre linguagem, literatura, narrativa e saúde promovidas pelo GENAM.


2018 ◽  
Vol 2 (1) ◽  
pp. 15-26
Author(s):  
Maryam Maryam

This paper raises forms of local wisdom in the Bengkulu Malay community in terms of the religious aspects of Islam. This local wisdom was formed through acculturation, and assimilation between the traditions of Bengkulu Malay society and Islamic values. Some forms of tradition that are still maintained by the people of Bengkulu are: Tabot, Kain Besurek, Syarafal Anam, Sekujang, Dzikir Marapulai, Aqiqah, Bakunob, Aksara Ulu / Kaganga Islamic style, Ndoa Hari Rayo, Nigo Day, Go to Hari, Nyudah, Kaiak Beterang, Pilgrimage of Ramadhan and Rayo Day, Ndoa Masuk Puasa, Temikang Cupik, Embes Apem, Central Date Ceremony and Giving Names, Inviting Seeds, and Kaji Subdistrict. These various local wisdoms in Bengkulu from the perspective of Islamic law are included in the ‘urf category which needs to be addressed critically. On the other hand, this kind of local wisdom is a cultural uniqueness that is also preserved because it has been Islamized through the process of assimilating culture and Islamic values.


2008 ◽  
Vol 42 (10) ◽  
pp. 887-889 ◽  
Author(s):  
Jaimie F. Veale

Objective: Most previous studies of the prevalence of transsexualism have used data from individuals seeking sex reassignment surgery. New Zealand is unique in that transsexual people can apply to have an ‘X’ for the sex on their passport if they have a name on their birth certificate that is congruent with the sex opposite to their birth assigned sex, and provide a statutory declaration stating they have lived as a member of that sex. Method: From information provided by the New Zealand Passports Office, it was ascertained that the prevalence of transsexualism among New Zealand passport holders was at least 1:6364. Results: The prevalence of male-to-female transsexualism was estimated at 1:3639, and the corresponding figure for female-to-male transsexualism was 1:22 714. Conclusions: These estimates were higher than most previous estimates of transsexualism prevalence. There was also a larger than expected ratio of male-to-female transsexual people to female-to-male transsexual people (6:1), which could in part be due to female-to-male transsexual people being relatively overrepresented among those transsexual people for whom we did not have data on the direction of sex change, or this may be indicative of the demography of transsexualism in Australasia.


2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies

Sex reassignment or sex change is a new and strange phenomenon unknown to our predecessors. Modern medical advances have facilitated the process and technological advances in communication have helped spread this phenomenon among Muslims of today. Muslim scholars rose to the occasion and clarified the legitimate Islamic Fiqh position towards sex reassignment. However, some of those affiliated with Fiqh and Sharī’ah followed a course other than that of the majority credible and authoritative Muslim jurists in the Islamic world. Thus this paper aims to contribute to the correct legal position towards sex reassignment surgery by highlighting the proofs and arguments of the majority of the jurists (Fuqahā), which are based on the Holy Qur’an and Sunnah according to the understanding of the credible authoritative scholars of past and present, and also on the sound logical evidences and the Maqāṣid al-Sharī’ah. This paper only deals with sex reassignment motivated by the inner-sense of belonging to the opposite sex and does not cover sex reassignment done based on other reasons be it valid or invalid.


Author(s):  
Nurbaeti Nurbaeti

This paper examines gender in an Islamic perspective. In Islam there are several controversy issues related to gender relations, including the origin of the creation of women, the concept of inheritance, witnessing, polygamy, reproductive rights, the rights of female divorces, and the public role of women. This fact will be very interesting if it is related to the Koran as the main source of Islamic teachings. Al-Quran does not deny the existence of differences (distinction) between men and women but these differences are not differences (discrimination) that benefit one party and harm the other party. By basing on the main sources of Islamic teachings, namely the Koran and Hadith, it was found some disclosures of the meaning of words related to gender such as al-rajul wa al-nisa, al-zakar wa al-untsa and al-mar'u and al-mar'ah. Various explanations in detail and globally regarding the position of men and women in accordance with their respective nature. They are created in pairs, like two sides of a coin that cannot be separated in an effort to expand their duties as khalifatullah fil ardi.


2021 ◽  
Vol 2 (1) ◽  
pp. 32-40
Author(s):  
Almyra Luna Kamilla

Undang-Undang No. 44 Tahun 2008 tentang Pornografi secara eksplisit melarang keras pembuatan konten yang mengandung pornografi, namun disisi lain, Penjelasan Pasal 4 ayat (1) pada Undang-Undang tersebut secara implisit memberikan hak bagi masyarakat untuk membuat materi pornografi selama ditujukan untuk diri sendiri dan demi kepentingan sendiri. Hal ini membuat adanya perdebatan yang dipengaruhi juga oleh nilai-nilai dasar bangsa Indonesia sebagai negara yang beradab dan beragama. Dalam prakteknya, Pasal 4 ayat (1) UU No. 44 Tahun 2008 tidak jarang disalahgunakan untuk menjadikan korban Kekerasan Berbasis Gender Online (KBGO) sebagai tersangka dalam kasus pornografi. Melalui pendekatan feminis dan berorientasi korban, Penelitian ini akan membahas bagaimana UU No. 44 Tahun 2008 tentang Pornografi dimanfaatkan baik sengaja atau tidak sengaja, sebagai senjata dalam reviktimisasi perempuan korban KBGO. Penulis menggunakan pendekatan yuridis-normatif dimana Penelitian ini didasari atas analisa terhadap peraturan perundang-undangan yang berlaku di Indonesia serta studi literatur. Hasil penelitian ini menemukan bahwa pada UU No. 44 Tahun 2008 tentang Pornografi terdapat perbedaan norma yaitu antara Pasal 4 ayat (1) dengan Penjelasan Pasal 4 ayat (1). Selanjutnya, dapat disimpulkan bahwa perbedaan norma tersebut disertai dengan pendekatan penegak hukum di Indonesia yang cenderung konservatif, memicu fenomena dimana korban KBGO yang seharusnya dilindungi justru dikriminalisasi ===== Law No. 44 of 2008 on Pornography explicitly condemned the creation of pornographic content, on the other hand, the Elucidation of Art. 4 (1) of the Law implicitly grants the right for the people to create pornographic material so long as it is intended for oneself and one’s interest. This issue has caused a debate that is also influenced by the fundamental values of Indonesia as a nation that is civilized and religious. In practice, Art. 4 (1) of Law No. 44 of 2008 on Pornography is often misused to cause victims of Online Gender-based Violence into suspects of cases of pornography. Using the feminist approach and victim-oriented perspective, this Research will discuss how Law No. 44 of 2008 on Pornography is utilized, on purpose or otherwise, as a weapon in revictimizing women who are victims of Online Gender-based Violence. The Author used the juridical-normative method in which the Research is constructed based on the analysis of Indonesian laws and regulations as well as literature studies. The results of this Research found that there are contradicting norms within Law No. 44 of 2008 on Pornography specifically between Art. 4 (1) and its Elucidation. Furthermore, it can be concluded that such contradicting norms complemented with the approach of Indonesian law enforcers which tends to be conservative, precipitated a phenomenon in which victims of Online Gender-based Violence who are supposed to be protected ended up criminalized.


2007 ◽  
Vol 22 (3) ◽  
pp. 137-141 ◽  
Author(s):  
G. De Cuypere ◽  
M. Van Hemelrijck ◽  
A. Michel ◽  
B. Carael ◽  
G. Heylens ◽  
...  

AbstractAimThe Belgian medical world has acknowledged the diagnosis of transsexualism and accepted Sex Reassignment Surgery (SRS) as one of the steps in the treatment of choice since 1985. This prevalence and demographic study analyses data on all Belgian individuals who have undergone SRS since that year.MethodsAll (188) plastic surgeons as well as all gender teams (Antwerp, Bruges, Ghent, and Liège) in Belgium were sent demographic questionnaires to be completed for each of their transsexual patients.ResultsThe results show an overall prevalence of 1:12,900 for male-to-female and 1:33,800 for female-to-male transsexuals in Belgium. In Wallonia (the French-speaking region of Belgium) the prevalence is significantly lower than in Flanders (the Dutch-speaking region) and in Brussels (the bilingual capital region). In the total Belgian population the male/female sex ratio is 2.43:1, again with a substantial difference between Wallonia on the one hand and Flanders on the other.Discussion and ConclusionWhile in Flanders and in Brussels the prevalence is comparable to that in other Western European countries, in Wallonia it is markedly lower. Transsexualism in Wallonia appears to be socially less acceptable: persons suffering from gender dysphoria in that part of Belgium encounter more problems accessing gender clinics and receiving treatment.


Belleten ◽  
2006 ◽  
Vol 70 (257) ◽  
pp. 155-166
Author(s):  
Esin Kahya

During the fourteenth century, Ottomans opened madrasa in where they invaded. The first madrasa was founded in Nicosia (Iznik). The second was founded in Brussa. All of them were built to let the people learn religion including in astronomy and mathematics, as it happened in some other places of Anatolia during the Seljukids in the eleventh, twelfth and thirteenth century. They also founded hospitals in the same places. One of them was Yıldırım Hospital in Bursa. It was also served as a medical school. Its first physician was Physician Husnu. The first medical studies in the Ottoman Empire appeared in the fourteenth century. Among them can be mentioned Ishaq b. Murad, Hadji Pahsa, Physician Barakat and Cemal al-Din Aksarayi. Except Aksarayi who was interested in religious science in addition to medicine, they preferred to write in Turkish. Hadji Pasha had works in Turkish and Arabic. Although the other scientists who were interested in mathematics, astronomy, physics and chemistry preferred to write in Arabic or sometimes in Persian, the physicians wrote their works in Turkish.They felt to have to explain why they used Turkish language and said that they wrote their works in Turkish because they wished to understand what they said in their works. Their works were mainly on diseases, their treatments and the drugs which were used during the treatment of the illnesses.


Author(s):  
Nurbaeti Nurbaeti

This paper examines gender in an Islamic perspective. In Islam there are several controversy issues related to gender relations, including the origin of the creation of women, the concept of inheritance, witnessing, polygamy, reproductive rights, the rights of female divorces, and the public role of women. This fact will be very interesting if it is related to the Koran as the main source of Islamic teachings. Al-Quran does not deny the existence of differences (distinction) between men and women but these differences are not differences (discrimination) that benefit one party and harm the other party. By basing on the main sources of Islamic teachings, namely the Koran and Hadith, it was found some disclosures of the meaning of words related to gender such as al-rajul wa al-nisa, al-zakar wa al-untsa and al-mar'u and al-mar'ah. Various explanations in detail and globally regarding the position of men and women in accordance with their respective nature. They are created in pairs, like two sides of a coin that cannot be separated in an effort to expand their duties as khalifatullah fil ardi.


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