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The gaps in fatwa on intersex corrective surgery: Some reflections in the context of Malaysia

Mohd Badrol, Muhammad Afif and Awang, Abdul Bari and Haneef, Sayed Sikandar Shah and Zainuddin, Ani Amelia (2018) The gaps in fatwa on intersex corrective surgery: Some reflections in the context of Malaysia. Intellectual Discourse, 26 (1). pp. 75-89. ISSN 0128-4878

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Intersex being a birth impairment in human babies is a fact of human precreation. Opposed to normal birth of humans as males and females incidents of babies with vague gender identity have perturbed people and families as to how to socially place them within the binary system of men and women in the community. In Islam, it is more important in view of the gendered orientation of some Islamic laws and its system of social ethics. Accordingly, jurists formulated an Islamic blueprint to manage this segment. However, their main criteria to align such individuals to one of the normal genders were inadequate to assign a specific sex to all intersex. Medical science, on the other hand, proposes not only to achieve precise diagnoses of intersex conditions but also to manage them medically. Accordingly, Muslim jurists and muftis by and large celebrated this medical solution as a better remedy to resolve this juridical perplexing question. This study, however, argues that juristic stamp of approval needs to be more ethically grounded so as to avoid pitfalls inherent in this medical innovation.

Item Type: Article (Journal)
Additional Information: 2040/63807
Uncontrolled Keywords: corrective surgery, ethical gaps, fatwa, intersex.
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Dr Abdul Bari Awang
Date Deposited: 23 May 2018 15:59
Last Modified: 17 Jan 2019 12:26
URI: http://irep.iium.edu.my/id/eprint/63807

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