RELIGIOUS FREEDOM FOR MINORITY MUSLIM GROUP BASED ON GENDER IN INDONESIA

This article explains the religious freedom for Muslim minority group based on the gender in Indonesia. The minority groups usually face some obstacle to access their rights as a citizen. Transgender as one of a minority group based on the gender and they usually face that problem. The religious rights include to the civil rights and all of the citizen should have it. However, the existence of transgender in the social community cannot be accepted yet by the Indonesia society, especially Muslim society. So, it causes the difficulties for them to express their belief. In fact, transgender exists in social life. This phenomenon has been existing since the pre-Islamic era or the era of the Prophet Muhammad. There several verses of Qur’an explain about transgender, such as QS. Al-Hajj: 5 and QS. An-Nur: 1 This paper is based on Dissertation of Siti Kurnia Widiastuti at an International Consortium for Religious Studies (ICRS)/InterReligious Studies (IRS) Gadjah Mada University Yogyakarta Indonesia. It is supervised by Farsijana Adeney-Risakotta, Ph.D. and Siti Syamsiyatun. Ph.D. Musãwa, Vol. 16, No. 2 Juli 2017 170 31. Moreover, the explanation about transgender also exists in hadith, in the story of transgender and Prophet’s wives. Therefore, Fiqh as a fundamental of Islamic law also explains how transgender does their pray. In Fiqh of Islam, transgender is called as khuntha and mukhannath. But in most of the explanations about transgender from Muslim scholars, they often forget about the psychological conditions of transgender. People cannot easily understand the condition of transgender. Therefore, to understand their condition, it is not enough by seeing them only from the physical aspect, but we need to understand their psychological and biological conditions.


Moreover, the explanation about transgender also exists in hadith, in the story of transgender
and Prophet's wives. Therefore, Fiqh as a fundamental of Islamic law also explains how transgender does their pray. In Fiqh of Islam, transgender is called as khuntha and mukhannath. But in most of the explanations about transgender from Muslim scholars, they often forget about the psychological conditions of transgender. People cannot easily understand the condition of transgender. Therefore, to understand their condition, it is not enough by seeing them only from the physical aspect, but we need to understand their psychological and biological conditions.

Keywords: Religious Freedom, Transgender, Minority, Marginalized Group and Rights
Marginal communities are "people who are at the periphery (margin)" 4 . These communities generally have a very weak position and hampered to gain access to economic resources, so that their life left behind with other people who have a better Human Resources (HR). Therefore, they are vulnerable to being marginalized, discriminated, exploited, or are subjected to violence. These marginalized groups are often marginalized in many aspects of life, such as gender, biological, religious, economic, ethnic, language, culture, and others 5 . According to Robert Chamber (1987), marginal communities composed of five elements, namely: 1. Poverty itself; 2. physical weakness; 3. Isolation or insulation levels; 4. Vulnerability; 5. Powerlessness 6 . The conditions faced by these marginalized groups should be strengthened to make them more powerful and independent. One of these is through the process of strengthening the community empowerment program, especially to the marginalized people.

Introduction
The minority could be related to the quantity or quality. Related to the quantity, it is a small number of the majority. On the other hands, related to the quality, it includes in expressing ideology and politics. Preece defines minorities as "those who are denied or prevented from enjoying the full rights of membership within a political community because their religion, race, language or ethnicity differs from that of the official public identity." 2 She further stated that "the contemporary problem of minorities emerges as a lack of consent or entitlement to full participation in political life such as that the principle of selfdetermination is compromised in some way." 3 Some minorities have difficulties to access social and power relations in the community. Therefore, it is important to understand some minority problems. A various problem of life is received by a minority group. The problem does not only apply to a minority group based on religious affiliation but also affects others, for instance, the minority of gender, sexual orientation, and physical disability. One of the minority groups that are discriminated based on gender and sexual orientation is transgender people. This minority group tends to receive any discriminations and marginalization. As a result, this minority group is also called as a marginalized group in our society. ment in two ways, namely 8 : Developing, making independently, making self-help, and strengthen the bargaining position of lower layers of society against the suppressive forces in all areas and sectors of life. Protect, defend and side with the weak, to prevent unbalanced competition and the exploitation of the weak. Transgender as one of the marginalized groups in the society should be empowered in all aspects of their lives, especially in economic and religion.
Transgender could be a man who acts like a woman or woman who behaves like a man. In our society, the issue of male transgender is frequently more discussed. Therefore, this paper will focus on male Muslim transgender. Male transgendered in Indonesia is known as "waria", which is derived from "wanitapria" (femalemale). Tom Boellstorff translates waria as "male transvestite" 9 . This writing will use "she" as a pronoun of male transgendered. It also will apply "her" as an indirect reference of male transgendered. This word option (she or her) is to appreciate the identity expected by transgender.
At the beginning of 2016, a massive rejection of sexual behaviors of lesbian, gay, bisexual, transgender, and transsexual (LGBT) becomes a contemporary hot issue in Indonesian society. The early appearance of males' transgendered in Jakarta, Indonesia has been protected by the Mayoral leadership of Ali Sadikin in 1966. 10 The appearance of transgender was linked to the greater social visibility. The first term of transgender is known as wadam (wanita (woman) and Adam). 11 Another etymology by the early 1970s was haWA aDAM or EveAdam. 12  Muslim groups were expressing displeasure that the name of a prophet was incorporated into a term for male transvestites." 13 In addition, Alamsyah who was the Minister of Religion at that time coined the term of "waria". 14 Before 2016, transgender existence has already been well known and has not got a ban from various parties. However, during their lives, trans gendered people as minority citizens among the Indonesian society do not have the ease of living as "human being" in the community and to express their religious beliefs. A transgendered individual has many problems in establishing their identity. They also receive a lot of ridicule, rejection, violence, and discrimination in everyday life. So transgendered individual has enjoyed equal rights as other straight men and women in the community, including among Indonesian Muslim community.
Because of receiving a lot of discrimination and marginalization, male Muslim transgender individuals are currently in unfavorable conditions and weak. Qur'an condemned those who are reluctant to defend the weak 15 , as in the word of Allah SWT: "Why do you not fight in the way of Allah and (defending) people who are weak" 16 . Word mustadh'afin linguistically means "those who weakened" 17 . Some scholars understand the word mustadh'afin as those who rated powerless by the public, and some are understood as people who really are not empowered 18 . According to Quraish Shihab, the defense of the weak people in that paragraph affirms the need to defend the weak that live in the same location with us 19 . The defense in this context, according to the researcher, in the sense of not doing that marginalized, violence, or discriminated Transgender Muslim groups. Their condition must be empowered, assisted, so that they become Muslim Transgender economically empowered and capable of running the teachings of Islam well.
Assets owned by male Muslim Transgender individuals are widely. There are educated in a variety of disciplines. Some of them are a qualified cook; makeup; music; batik craft; singing; and so forth. However, education and skills are not optimally utilized for the welfare of the life of this group. Therefore, it is important to make effort to raise awareness, to motivate, and to assist the Muslim Transgender individual through empowering of marginalized Muslims by gender differences (male Muslim Transgender).
As marginalized communities, male Muslim Transgender individuals have experienced a wide range of problems in their lives. It includes several problems on biological development, economic life, social life, and religious life.
A male transgender is less accepted in society. Her existence has been recognized, however, her behavior is not being understood and not well received in her community. The rejection of the transgender individuals by the majority of Indonesian Muslims are caused by two mains arguments: 1) Sexual behavior disorder; it is perceived that male transgender would be interested in having sex with male. That is considered as homosexual (interest in the same sex). Homosexuality is a sexual disorder. Because of it, homosexuality is a sin and will be cursed by Allah SWT. been some cases proved. Therefore, many of the Indonesian Muslim communities reject transgender and LGBT's sexual behavior in general. Most of the Muslim communities who refuse the presence of transgender have called the public attention to foster transgender and LGBT's existence in order to get back their 'normal' sexual behavior.
A 'normal' sexual behavior according to the interpretation of some Islamic scholars is just sex between male and female. Normally, a male will be attracted to female, and vice versa. Transgender does not consider behaving normally as if she is a male transgender; she was born as a male though mentally she was female. When she was physically a man, then the 'normal' she should be attracted to a woman. In fact, male transgender, even though she was born as a man but she did not feel as a man. She feels more comfortable to perform female gender roles. So that she will be attracted to the man. This society's belief is in the social world usually to be called as "essentialism".
There are two views of sexuality that become intense debates among sex researchers today, essentialism and social constructionism. 20 In this realm, there are disagreements between the follower of both essentialism and social constructionism about sexuality. The view mostly Muslim Indonesian society is as believed by adherent's essentialism, that sex only consists of two types of men and women, sexual orientation is only hetero sexual and gender identity should be aligned with gender. While the view of social construc tionism believes that gender, sex/gender, sexual orientation, and gender identity is socially constructed. Sexuality is constructed by societies into several sexual orientations, such as heterosexual, homosexual, and bisexual. There are also various gender identities, for instance, female, male, transgender, transsexual, and intersex. 21 Essentialism point of view already exists in the majority of Indonesian society very strongly.
The Constitution 1945 guaranties rights of all citizens in Indonesia. This law regulates the rights of all Indonesian citizens, including minority group. Transgender is one of the minority groups who have right to practice their religious beliefs. Minorities are a small number of large communities called the majority. This group is always received unequal treatment by the dominant society. Therefore, they experience such margi nalization, violence, and discri mination from others. As a minority of the large community, a trans gender only receives limited access from various services. They are struggling to access their rights. A minority right which includes religious rights is required for every minority citizen. A religious right is the right to express people's spirituality, this includes the right to perform religious rites. A freedom in per forming reli gious rituals for a transgendered individual means that transgendered individuals have the right to perform their religious teachings and flexibility in conducting worship in accordance to their religious beliefs, for example is doing a congregational prayer (Indonesian: sholat jama'ah) in the mosque freely. Performing a ritual of religion is a human right. The freedom to practice religion in many ways is God's mercy. In Islam, Muslims practices their religious beliefs through worship. In the view of Islam, worship is the relationship between a human being (God's servants) to God (the Creator).
The obligation of every Muslim is to worship God. Therefore, Qur'an, as an Islamic main source provides some rules on Islamic worship. Malik says that "the main object of the Qur'an is to make man conscious of his place in the universe as well as Suara Lesbian, Gay, Bisexual, dan Transgender (LGBT)-Jalan Lain Memahami Hak Minoritas," www.komnasperempuan. or.id/wp-content/uploads/2008/10/dari-suara-lgbt-jalan-lainmemahami-hak-minoritas, (May 1, 2016). of his relations with God. In addition, Islam wants to create a society based on a deep sense of moral responsibility and justice in order to preserve human dignity." 22 In addition, Malik further states that "Muslim jurist have divided rights into two categories: God's rights and human's rights. The Muslim jurists regarded human rights as an integral part of faith." 23 Islamic jurisprudence also discusses the rights of parents, children, neighbors, wives, and civil.
Based on Qur'an's explanation, "Religion is a personal affair between the individual and God, so everyone is completely free in the choice of faith". 24 Practicing religion is freedom for every human being. Religious right for every human being is guaranteed by law. However, not all groups of individuals can freely practice their religion. A transgender person with different religious beliefs is one of the minorities who is struggling to express their religious beliefs. This study will explore more about how an Indonesian male Muslim transgendered in her struggle to gain her rights in practicing religious belief.
Ali Akbar Siyasi explains that "Human being has two components: firstly, is badaniyat (things bodily). In Persian is 'ilmal-hayat as zist-shinasi. It is now commonly called biology. Secondly is 'ilm alnafs or ravanshinasi. It is a combination of feeling, thoughts, actions, and reactions referred to as nafsiyyat, which are attributed to one's ravan (psyche). 25 Siyasi says that "ravan is equivalent to ruh (soul)." 26 Based on that explanation, the creation of a human being includes body and soul. Body and soul are a gift from God. Thus, there should be no obstacle both for body and soul being acceptable worship to God. Both of them are important for a human being to have relations to society and God. In addition, related to the case of transgender, Karimi-nia translates "psychosexological concepts of transgender/ sexuality back into gender/sex discordance between soul and body. It provides a way to address trans-sexuality as a psychosexological condition in Islamic terms." 27 Najmabadi explains that "The concept of discordance between soul and body is more benign and less pathologizing-thus more appealing to many trans-persons-than that informed by the norm-centered psychosexological discourse of gender identity". 28 Trans-person will bodily perform differently from her soul. It creates a problem for transgender person herself in expressing her religious ritual, such as Islamic praying. Islamic jurisprudence only provides a clear rule for a non-transgender person. The physical appearance is important to determine the Muslim's role in the Islamic religion. It can be said that biology (body) is more important than psychology (soul) in order to determine the acceptance of Islamic worship.
People who are economically empowered, they may easily able to access their rights. They will get a good education. They will have a better life condition than others who have economic limitation. In the Islamic view, this situation may prevent from kufur (not believe in God/ Allah SWT). However, in Islam, the situation of economically empower may cause any person to close or far away from God. Therefore, some people having economically empowered can also empower their religious beliefs.
Sexuality is also defined as "the sexual habits and desires of a person". 32 It also means as "capacity for sexual feeling". 33 In addition, the working definition of sexuality which is written in the World Health Organization (WHO) website is: "…a central aspect of being human throughout life encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviors, practices, roles and relationships. While sexuality can include all of these dimensions, not all of them are always experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, legal, historical, religious and spiritual factors. Rosenbaum also mentions that "whether or not we are in a sexual relationship with another person, we can explore our fantasies, feel good in our bodies, appreciate sensual pleasures, learn what turns us on, give ourselves sexual pleasure through masturbation." 35 Thus, everything that relates to human's feeling, desire, fantasy, pleasure on sexual can be said as sexuality.
Sexuality can be discussed into two views. There are two arguments on sexuality, essentialism and social constructionism. The view of essentialism believes that "gender, sexual orien tation, and sexual identity as things that are given and natural so cannot be changed" 36 . This group holds that gender is only composed of two types of men and women; sexual orientation is only heterosexual; and gender identity should be aligned with gender (female-feminine; malemasculine). These cause groups that are outside the mainstream is considered as abnormal 37 . While the perspective of social constructionism holds that: "Not only gender, but also of sex / gender, sexual orientation and gender identity is socially constructed. As a social construction, sexuality is fluid and a continuum so that sex does not only consist of men and women but also intersex and transgender / transsexual, sexual orientation is not only heterosexual but also homosexual and bisexual 38 ." The view of essentialism influences the general view that is accepted by Indonesia society. This view received support from religious teachings and culture so that its effects, LGBT groups are considered not normal (abnormal). So, they often receive discriminatory treatment or violence. "Muslims understand sexual fulfillment within marriage for both partners to be the ideal state of affairs; sexual needs are understood and satisfied and allow the couple other forms of communication as well as other pursuits." 39 Fatima Mernisi says "Islam does regard sexuality and sexual urges within marriage as having positive and vital functions, in contrast to "unlicensed" forms of sexuality, which are seen as negative and disruptive." 40 "Pre-and extramarital sex-called zina-are forbidden, illegitimate, and punishable under shariah 41 . Women's virginity is a major consideration for marriage, and early marriage is encouraged, since an unmarried girl after puberty may be vulnerable to violation. Bridges are assumed to be virgins when they marry and may be required to obtain a certificate of virginity from a physician in some countries. Muslim families do not expect or permit teenagers to engage in sexual activity. 42 " Zina (fornication) means "sexual intercourse of a man and a woman who are not married to each other from the front part of their bodies." 43 Zina is regarded as haram and ugly act in both Islam and the previous heavenly religion. Haram is an Arabic term meaning "forbidden". Haram is "anything that is prohibited by the faith." 44 It is one of the greatest sins.
Mernisi explains that the majority interpretation of Islamic teaching only recognizes a sexual relationship between man and woman that have a legal relationship in the front of Islamic law. Legal relation here means that a man and a woman are tied into the relation of Islamic marriage as husband and wife. The majority of Islamic scholars interpret that other than this sexual relation is called Zina. Therefore, a sexual relationship between same-sex persons will be said as a big sin. Because majority Muslim believes that a transgender person is similar to homo sexual, therefore her sexual relation is Zina and including a big sin behavior.
Islamic feminism believes equal rights for Islamic society, especially in the role of man and woman. Ali says that "Islamic feminists frame the contours of Islamic sexual ethics within an Islamic imaginary wherein the normative textual traditions of Islam continue to act as significant points of reference". 45 The primary sources of an Islamic sexual ethics are based on the Qur'an, hadith, and fiqh, as well as the influential commentaries written by pre-modern Muslim (male) scholars. Because of the majority of Islamic scholars from a pre-modern period until now are male, therefore the interpretation of Islamic text can be assumed having some biases of interpretation. There is some Muslim male who have feminist per spectives. However male feminists are only little of the majority of Muslim males. As a result, many interpretations of Islamic teachings that are based on Qur'an, hadith, and fiqh are found some biases.

Concept of Transgender
Roen (2001) contends that "transgenderism also includes a both/neither conceptualization of gender identity outside the male/female binary, whereby transgenderism is seen as transgressing 45 Ali K, "Sexual Ethics and Islam: Feminist Reflections on Qur'an, Hadith, and Jurisprudence," in Nina Hoel, "Engaging Islamic sexual ethics: Intimacy, plesure and sacrality," Sexualities Vol. 18(I/2) (2014), 84. the gender binary, not necessarily as physically transitioning from one gender to the other category" 46 . Furthermore, Nagoshi and Brzuzy say that "the idea of the fluid transgender theory, embodied, and socially and self-constructed social identity can inform an understanding of inter sectional identities oppressed." 47 Nagoshi and Brzuzy further explain that: "This approach to intersectional identities would be oppressed embodied consider the different experiences and different social oppressions that are associated with having multiple social identities as well as the narratives of lived experience through the which individuals understand and negotiate these identities 48 ." The concept of transgender sees that individuals transgendered are in an outside gender binary. They are moving from one gender to another gender identity. Therefore, they will find some different situation and experiences. From each of them would face a different problem of oppression.
Derrida's term "hauntology" is the waria subject position haunts maleness". 49 Derrida develops this concept in the context of thinking through how performativity -a concept that has played a strong role in gender theory -play out in the political context and the recognition: "The act that consists in swearing, taking an oath, therefore promising, deciding, taking a responsibility, in short, committing oneself in performativity fashion...
[is] the limit that would permit one to identify the political" 50 . Aihwa Ong (1999: 4) notes that: (as in transformation or transfiguration) or going beyond it (as in transcend), be it a bounded entity or process or a relationship between two or more phenomena." 51 Onggoes on to say that "the prefix trans also alludes to the transactional and transgressed aspects of behavior and imagination that are incited, enabled, and regulated by the logics of culture and political economy." 52 Riki Wilchins (1997, 1516) has observed that: "Transgender did not begin its life as a name for those folks who identified as cross dressers nor as transsexuals primarily people who changed their gender but not their genitals. The term gradually mutated to include any gender queers who didn't actually change their genitals: [such as] cross dressers, stone butches, and hermaphrodites; [and] people began using it to refer to transsexuals [some of whom do change their genitals] as well. 53 " In addition, Joanne Meyerowitzs (2002, 10) also informs that: "In the popular lingo used today, transgendered people [is] an umbrella term used for those with various forms and degrees of cross gender practices and identifications. Transgendered includes, among others, some people who identify as butch or masculine lesbians, as fairies, queens, or feminine gay men, and as heterosexual cross dressers as well as those who identify as transsexual. The categories are not hermetically sealed, and to a certain extent the boundaries are permeable. 54  expressing their religious beliefs. A transgender individual is more quickly into non-dominant cisgendered than heterosexuals. Cisgendered is an umbrella term referring to people who conform to the gender binary by interpreting their gender identity as congruent with the sex they were assigned by society. 55 Thinking of each individual is to be cisgendered, therefore they will be seen to marginalize people in each of their performances as transgender. In addition, besides that it is higher cisgendered, the group also attempted to control the public in shaping the gender standards and excluding ones that do not fit to the gender views that remain. 56 Gender is traditionally assumed to be based on a binary, mandatory system that attributes social characteristics to sexed anatomy 57 . Essentialism said that: "Those who were born male are supposed to act masculine and be sexually attracted to women, whereas who were born female are supposed to act feminine and be sexually attracted to men. Society uses multiple methods of positive and negative reinforcement, including legal, religious, and cultural practices, to enforce adherence to these gender roles 58 ." Garfinkel (1967) noted that, "this gendered binary socialization is viewed as being "natural" and thus not questioned". 59 There are positive and negative impacts of society in applying the essentialism to enforce transgender from period to period. One of the positive impacts is that Islamic law will provide more detail and clearer rules related to the problem of male and female. On the other hands, there is a negative impact for implementing essentialism in the society that a certain individual does not have an available Islamic law, such as a transgendered individual.

Transgender in Islam
The fiqh discourse of transgender draws a certain distinction between two categories of persons who are namely the khuntha and the mukhannath. Fiqh means Islamic jurisprudence or the art of deriving religious rulings from their sources 60 . It has obtained the following meaning: a precise, deep understanding, and ability to derive religious rulings from their sources.
The khuntha is a male person who resembles a female in speech, movement, and appearance due to an inherent condition that is beyond his ability to control, and therefore, no sin, shame or blame attached to it 61 . The mukhannath is a person who conceals his masculinity and much of his feminine behavior is deemed to be of his own making 62 .
A Mukhannath term is mentioned in the hadith. The hadith has acquired in Islamic literature the very specific meaning of reports about what the Prophet said, did, approved, and disapproved of, explicitly or implicitly. Indeed, hadith is considered as the main source of the "Sunna" or customary behavior of the Prophet 63 . Hadith is categorized in many categories that range from the sahih (correct/ authentic) and hasan (agreeable) to the dha'if (weak) and maudu (forged). 64 The word mukhannath described in the hadith narrated by Aisha, when there is a mukhannath ever walked into the room of the wives of the Prophet Muhammad. About mukhannath, The Prophet Muhammad said: "Do not you see this mukhannath understand what is here. So, do not put her into your homes ". After that, the wives of the Prophet hinder mukhannath if concerned about to enter the house. Referring to this hadith, al-Nawawi in Sharh Saheeh Muslim makes two categories of mukhannath that are mukhannath min khalqin (given) and bi altakalluf (constructed). According to Al-Nawawi, first group is blameless and not sin. Therefore, normal people are prohibited to mingle with them. As for the second group, they will be punished based on their sin. They are also damned.
Ibn Hajar classifies mukhannath into two parts, min ashlilkhilqah (created from the fetus) and bilqashdi (the man who deliberately polishing itself and behave like women). According to him, the first class is not cursed (ghairmal'un), but should still be pursued so that the transvestites can turn theirselves into real man. The views Al-Nawawi and Ibn Hajar about mukhannath was inspired by the words of Allah at Al-Hajj (the Pilgrimage) verse 5: "O mankind! If you have a doubt about the Resurrection, (consider) that We created you out of dust, then out of sperm, then out of a leech-like clot, then out of a morsel of flesh, partly formed and partly unformed, in order that We may manifest (our power) to you; and We cause whom We will to rest in the wombs for an appointed term. Then do We bring you out as babes, then (foster you) that you may reach your age of full strength; and some of you are called to die, and same are sent back to the feeblest old age, so that they know nothing after having known (much), and (further), you see the earth barren and lifeless, but when We pour down rain on it, it is stirred (to life). It swells, and it puts forth every kind of beautiful growth (in pairs). 65 " This verse 5 of Al-Hajj explains that the creation of man is perfect (mukhallaqah) and there is imperfect (ghairmukhallaqah). The understanding of most commentators (mufassir) about ghairmukhallaqahis bodily imperfections, either miscarriage or disability. From the word ghairmukhallaqah, in the Qur'an there is an explanation that there are some men who are not sexually passionate and do not want to live with a woman. The terms in the Qur'an called uli al-irbatghair min al Rijal. So, if referring to these explanations, the transvestites are ghairmu khallaqah (fetus with brain or soul abnormalities) that ghairuli alirbat (no sexual desire at all to women).
Another term of transgender in Islam is khuntha. Islamic jurisprudence provides various rules of law in worship associated with khuntha. Kamali says about khuntha: "Juristic discourse concerning the khuntha is almost entirely focused on their rights in respect of privacy, clothing, burial ceremonies, inheritance rights and others. This is a language not of denial but affirmation that such persons do exist among us and that society should allow space for them to lead a life of dignity. 66 " Al Dimasyqi says that khuntha means soft and phosphorescence. It also defines as a person who has genital ambiguity. In further mentions, Al Dimasyqi divides khuntha into two parts, khunthamusykil and khunthaghairumusykil. 67 The first term means someone who has difficulty to determine between sexes because he or she has both sets of genitals or none. Medical terms call it ambiguous genital or sex ambiguity (intersex). Another term means that someone who indicates a tendency of the type his manhood or womanhood is not difficult to be distinguished. The substantial problem with this concept lies in how the law applied. The perspectives of jurists only deal with the physical side and it should also look at the psychological aspect.
Muslim transgendered faces several problems, one of them is the Islamic jurisprudence (Fiqh) only provides rules for akhunthamusykil. According to Islamic law, it allows for a man who has sex obscurity to take a genital surgery. This genital surgery is tashih or takmil (repair or improvement). This individual can make a genital operation to make clearer the genital ambiguity. In addition, an Executive Council of the Indonesian Ulema Council in Deliberation National II in 1980, decides Fatwas 68 : Changing sex male becomes female or otherwise haraam, as opposed to alQur'an Surah an-Nisa, verse 19 and also contrary to the spirit personality. A verse of the Qur'an in question is: ".... If you take a dislike to them it may be that you dislike a thing, and Allah brings about through it a great deal of good", People who changed sex legal position; their sex type is the same the previous sex before it is to be changed AND A khuntha (pansy) that his manhood is clearly allowed enhanced his manhood, vice versa and the law becomes positive (male).
"A fatwa is an Islamic religious ruling, a scholarly opinion on a matter of Islamic law. Then, recognized religious authority in Islam issues about its fatwa." 69 Based on those MUI fatwas, a genital operation only allowed for a khunthamusykil that has a sex ambiguity. So genital surgery is a solution offered by some Islamic scholars. Accordingly, when sex has been explained as male or female, the applicable law is in accordance with the sex after surgery.
One of the principles of Islamic law is mashlahahmursalah. It means that the laws of the particular problems set in such a way. That is because a benefit requires that law is determined on the basis of the issue. The majority of Islamic scholars say that any laws enacted by nash or ijma' are based on wisdom in the form of benefit and prevent crime. 70 Maslahah mursalahis "everything that brings the benefit of which has been enshrined in maqashid alsyari'ah but not supported by any argument". 71 Maqashid alsyari'ah is a part of ushul fiqh. 72 It is a linguistic approach and approach of interest law. 73 Ushul Fiqh is "the science that deals with the basics of Islamic law". 74 Surgery to repair or improvements may be made on the basis of sex because the rule jurisprudence states that dangers are to be omitted. According to Imam Ash-Syathibi avoid and eliminate the danger of including a benefit advocated Islamic law. The hadith of the Prophet Muhammad SAW said that: "Take medication, O servants of Allah! God does not hold unless the hold anyway diseases cure, except for one disease, namely disease oldness. "So, the beginning of sex operation in Islam cannot be traced, but it is done based on the ijtihad (the interpretive struggle) of the scholars with reference to the hadith. In reference to this tradition, scholars have argued that a person who has unclear sex is not normal. She or he is considered ill. So, a treatment should be done to clarify her sex operation. According to some Islamic scholars, before surgery, the person needs medical health checks related to her or his hormonal.
Another problem faced by Muslim Transgender is a view of heteronormativity in the Indonesian society majority. A heteronormative point of view influences a way of thinking of the Islamic jurists' majority. The Indonesian government and its religious regulation do not recognize a transgender individual. Therefore, they do not provide a law system to protect this group.
Transgender which is one of the LGBT group classified by the Ministry of Social Affairs as with social welfare problems. Regulation of the Ministry of Social Affairs of the Republic of Indonesia Number 8 of 2012 concerns about the data collection and data management social welfare problems and potential and social welfare resources, stated that one of the social welfare problems is marginalized groups, i.e. groups of impaired social functioning due to discri mination and marginalization it receives, so that limitations caused her or his vulnerable to social problems. The criteria include: a) disruption social functioning; b) discrimination; c) marginalization; d. Deviant sexual behavior. A regulation issued by the Ministry of Social Affairs, on the one hand, wants to give protection to LGBT groups, but on the other hand as a means to categorize groups of LGBT groups which have deviant sexual behavior.

Minority Theory
A minority is defined as 'a smaller number or part, especially within a political party or structure' 75 . Preece defines minorities as "those who are denied or prevented from enjoying the full rights of membership within a political community because their religion, race, language or ethnicity differs from that of the official public identity." 76 She further states that "the contemporary problem of minorities emerges as a lack of consent or entitlement to full participation in political life such as that the principle of self-determination is compromised in some way." 77 A minority is defined as 'a smaller number or part, especially within a political party or structure' 78 . As mentioned by Nancy Hartsock, she referred to the work of Albert Memmi in The Colonizer and the Colonized to understand the minority situation. Hartsock said, "Those of us who have been marginalized enter the discussion from a position analogous to that which the colonized held in relation to the colonizer". 79 Memmi in Hartsock explained that both colonizer and colonized can demolish each other in the different mode. The negative value of the colonizer's portrait is always likely to them. They are assumed to be lazy, evil, back, and not fully human. Memmi in Hartsock also concluded: "First the other is always seen as not, as a lack, a void, a deficient in the valued qualities of the society whatever those qualities may be. Second, the humanity of the other becomes 'opaque'. The colonized must indeed be very strange, if he remains so mysterious and opaque after years of living with the colonizer. Third, the othersare not seen as fellow individual members of the human community but rather as part of a chaotic, disorganized, and anonymous collectivity. In colloquial terms, they all look alike. 80  chairman of the Association of Transvestites Malang. She has also been awarded a Doctor Honoris Causa from Northern California American Global University because of an HIV / AIDS social activist. Nevertheless, her political participation had not been successful. However, the involvement of transgender individuals in Indonesian politics until now has not been fully accepted. In addition, mass organizations such as the Indonesian Women's Coalition provide a place for lesbians, bisexual women and transgender men to organize themselves. As written by the Republika newspaper 81 : "Indonesian Women's Congress in December 1998 formally includes representatives of lesbians, bisexual women, and transgender men (LBT).

Congress of Indonesian Women's Coalition
for Justice and Democracy confirmed that they were formally included in the XV Sector, which consists of the LBT." The important point of minority theory is in searching for a sufficient epistemology to build the social and the power relations in the society. Hartsock provides critical steps: "First, using what we know about our lives as a basis for critique of the dominant culture. Second is creating alternatives. When the various 'minority' experiences have been described, and when the significance of these experiences as a ground for critique of the dominant institutions and ideologies of society is better recognized, we will have at least the tools with which to begin to construct an account of the world sensitive to realities of race and gender, as well as class. 82 " Minorities are struggling to exist in a society. They could not have their full rights as a member of the community. Expressing religion in a public space, such as doing collective worship for Muslim transgender, is a kind of difficult for them. Believe in a certain religion is a right for every human in the world. United Nation has declared rights for human in any societies. However, there are many people still having trouble to practice their religions. Therefore, the rights of human are not applied well in our society.

Minority Rights
Minorities are struggling to exist in a society. They could not have their full rights as a member of the community. Expressing religion in a public space, such as doing collective worship for Muslim transgender, is a kind of difficult for them. Believe in a certain religion is a right for every human in the world. United Nation has declared rights for human in any societies. However, there are many people still having trouble to practice their religions. Therefore, the rights of humanity are not applied well in our society." 83 .
Human rights are defined as "the rights that everyone should have in a society." 84 Rights mean "one may legally or morally claim which gives rise to normative circumstances of being entitled to a privilege or immunity or authority to act in a certain way" 85 . Vincent stated that a right consists of five elements: "A rights holder (the subject of the right) has a claim to some substance (the object of a right), which he or she might assert, or demand, or enjoy, or enforce (exercising a right), against some individual or group (the bearer of the correlative duty), citing in support of his or her claim some particular ground (the justification of right Universal Declaration of Human Rights stated that, "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. 87 " Based on the above UDHR's statement, everyone should mean every individual who is living in this universe. Therefore no one can destroy every body's rights as a human. Minority people are also having this right to be treated fairly as a human being. World attention to minority groups had already begun before the middle ages, before This article places a positive function to sustain minority cultures as a cultural group. "Group rights" is internationally known as the rights on behalf of indigenous community. Indigenous people have a similar problem with another minority group. Some problems of Indigenous group as mentioned by Oestreich are, "They are special virtue of having been somewhere first (and thus the victims of un-rectified colonization). They are particularly vulnerable to exploitation, due to relieve poverty, lack of sophistication, or their reliance on particular land and resources for a sense of identity." 91 Medina charter called the first charter written in the history of Islam. In modern terms, the Medina Charter can be compared with the constitution. Muhammad Hamidulah, an Indian origin, refers to it as the first written constitution in the world.

The Rights for Religion for Minority in Indonesia
Indonesia had been colonized by colonial countries for hundreds of years, such as the Nether lands, Portuguese, England, and Japan. Indonesia proclaimed its independence on Augustus 17, 1945. After being an independent country, Indonesia has its own rights to organize 91  The religious affiliation of every citizen of Indonesia should appear in the identity (ID) card. Therefore, an ID card is one of the important things for Indonesian people to get access from the government. Sometimes, the minority group in Indonesia, such as transgendered individual, does not have this card, as a result, they are difficult to receive facilities from the Indonesian government. A transgender person, Maryani, she faces an obstacle to go for Islamic pilgrimage (hajj) to Mecca because of her identity's problem (passport).
In the Law on Population Administration has tapped the House in plenary session, the provisions of emptying the religion column for faiths outside the six official religions, listed in Article 64, paragraph 2.
"Elements of the religious population data referred to in paragraph 1 for the people whose religion is not recognized as a religion based on the provisions of the legislation or the faiths, not stuffed but still served and recorded in the database population," according to paragraph 2 of Article 64.
The majority of the Indonesian population is Muslim. Religion plays an important role in the life of Indonesian citizens. However, the religious rights application for its citizens is not well implemented. The Cairo Declaration on Human Rights also proclaimed that "Everyone shall have the right to live in security for himself, his religion, his dependents, his honor, and his property." 93 In addition, the constitution of the Republic of Indonesia in 1945 also affirms that "Each person freely practices religion and worship according to his or her religion." 94 These articles declare about the importance of religious rights for every person without exception in Indonesia. Religion is defined as "recognition on the part of a man of some higher unseen power as having control of his destiny, and as being entitled to obedience, reverence, and worship." 95 Religion has two dimensions, 96 1) a personal and privacy of the individual, 2) a public and resulting from the practical effect. Religious belief described as "An internal state of mind, the exercise of that belief is to a large extent a social practice sustained by shared doctrines, myths, rituals, sentiments and institutions. Rites of religious worship tend to be collective rather than individual and are generally performed for the benefit of a community of believers. 97  "Islam is a din-religion. To word din bears a concept wider and more comprehensive than the world 'religion'. It means believing in the fundamentals as well as living according to the Islamic laws. This concept of religion is beautifully conveyed in the terms used by Islamic scholars to describe the fundamental beliefs and the practical laws of Islam. The 'beliefs' are described as 'Aled-din-the branches of religion'. Belief without practice is incomplete Islam and practice without belief may be useful in this world but not of much use in the hereafter. 99 " A perfect Muslim is when he or she believes in Allah (God) and implement the teachings of Islam in the best possible way. Islam is based on five pillars. Prophet Muhammad SAW is reported to have said: "Islam is built upon five [pillars]: the testimony that there is no god but Allah and that Muhammad is the Messenger of Allah; establishing regular prayer (salat); paying the zakah; Hajj (pilgrimage) and fasting Ramadan." 100 The Hadith explains that prayer is one of the pillars of Islam. Islamic prayer is called salat. Salat is "a prescribed liturgy performed five times a day (preferably in a mosque) and oriented toward Mecca." 101 Islamic concept believes that a practicing congregational prayer is better than the individual. Prophet Muhammad said: "Prayer in congregation is more rewarded than praying alone by twenty-seven degrees." 102 Muslim will receive many benefits of doing congregational prayer, for instance: to build unity and equality in the diverse community and to enhance a brother and sisterhood of the Islamic society. male to pray in the mosque. A Muslim who obeys the rules of the religion, he would implement the rules properly. In order to comply with the rules of the religion, male transgender individuals will pray in the mosque. Yet a transgender will have difficulty in reaching such virtue. Transgender person will be looked as a strange when joining a collective worship in public space. Some people will not allow them to join in a majority group. They think that transgender person has a confuse gender. As a man, he does not feel fit with his gender. He feels comfortable to be a woman. Therefore, transgender person cannot easily to be received in a group of neither man nor woman.
As a religious people, Muslim Transgender finds difficulty to practice her religion, especially in the public sphere. Based on the constitution for human rights, everyone has a right to express his or her religion. It should apply to everybody including the transgender group. However, this community cannot unreservedly observe it. As described by SRH, an Indonesian Muslim trans gender that at the beginning of her stage to recognize her gender identity, she frequently obtained dilemma in practicing a spiritual rite in a communal area 103 .
Non-discrimination, non-violence, and equal protection of the law are critical for the well-being of all people in ASEAN countries including lesbian, gay bisexual, and transgender people. 104 The principal of heteronormative that constructs in the mind of the society marginalizes this community to get any access for their rights. They are difficult to find jobs, education, social and religious recognition. 104 Ging Cristobal, "On the Exclusion of Sexual Orientation Gender Identity (SOGI) Non-discrimination in the ASEAN Human Rights Declaration," http://www.iglhrc.org/press-room/pressreleases/exclusion-sexual-orientation-gender-identity-sogi, (June 15, 2014).

Conclusion
Male Muslim transgender as a group of minorities in Islamic society usually will find some difficulties in expressing religion. They always receive some discriminations, violations, rejections, and marginalization. Therefore, they usually find difficulties in their lives. Their difficult lives are not only affecting their economic and social life, but also their religious lives. By empowering the economics of male Muslim transgender individuals, it can increase their spiritual lives. Although they get some difficulties in expressing religion in the public sphere, their life existences will be supported by their economic stabilities. Therefore, it is important to increase the economic life of Muslim transgender to be a more religious person in society. A transgender individual is a human being. As a human, she has a right to express her religion. Therefore, Indonesian society should provide transgender group a free place to practice their religion. Panjang ā = ˏ ū = ‫ﻱﺇ‬ ī = ‫ﻮﺃ‬ Diftong ay = ‫ﻱﺇ‬ aw = ‫ﻮﺃ‬ Panjang dengan tashdid : iyy = ‫ﻱﺇ‬ ; uww = ‫ﻮﺃ‬ Ta'marbūtah ditransliterasikan dengan "h" seperti ahliyyah = atau tanpa "h", seperti kulliya = ; dengan "t" dalam sebuah frasa (constract phrase), misalnya surat alMa'idah sebagaimana bacaannya dan dicetak miring. Contoh, dhālika-lkitābu la rayba fih bukan dhālika al-kitāb la rayb fih, yā ayyuhannās bukan yā ayyuha al-nās, dan seterusnya.