Status Hukum Bagi Transgender dalam Haji dan Umrah Pespektif Fikih Ibadah

The legal status for transgender individuals regarding Hajj and Umrah from the perspective of the jurisprudence of worship

Abstract

Transgender is a social phenomenon that raises various issues in the context of Islamic law, including the performance of Hajj and Umrah. The difference between gender identity and biological sex raises questions about how Hajj and Umrah should be performed by transgender individuals from the perspective of fiqh of worship. This study aims to analyze the legal status and provisions of Hajj and Umrah for transgender individuals according to the fiqh of worship. The research method used is library research with normative and philosophical approaches, examining Islamic legal sources and the thoughts of scholars regarding transgender issues in the context of worship.

The research results show that the various of scholars argue that transgender individuals must perform Hajj and Umrah according to their biological sex, regardless of their gender identity. This provision applies to various aspects of worship, including ihram clothing, separation of worship areas, and the performance of specific rituals. However, there are some special considerations for certain cases, especially related to khuntha (intersex). In conclusion, although the transgender issue poses challenges in the performance of Hajj and Umrah, the main principle emphasized in the fiqh of worship is to return to the nature of creation and biological sex, while still considering aspects of security, comfort, and solemnity in worship.