A Critical Study of Mukhannath's Law as a Homosexual Argumentation

Mukhannath term in the study of Islamic law by Muslim feminists is considered to be a basis for the legitimacy of homosexual behavior. Muslim feminists refer to the meaning of the term as behavior and sexual orientation that is permitted in Islam and not contradictory with divine nature. Therefore, homosexuality is a natural act in Islam and must be accepted as it is. Under the pretext, the feminists distinguish homosexuality with liwath that can be applied to homosexual, heterosexual and bisexual perpetrators. This is contrary to Islamic law/shari'a regarding the heresy of the Prophet Luth a.s people or luthi, the perpetrators of liwath. Likewise, in interpreting the mukhannath term, the feminist developed a framework based on gender concept which is not under Islamic study or Islamic perspective. Therefore, the researcher aims to research and analyze the meaning and concept of the mukhannath term according to the Islamic worldview. Through the descriptive-analytical method and library research as a database, the research showed the following conclusion: Mukhannath means an act of men resembling women in terms of speaking, behaving, and clothing. The definition of the term above does not differentiate between sexual orientation and behavior. That is why it must be returned to the nature of its creation, the original biological sex. Muslim scholars have agreed that the translation of homosexuality in Islam is liwath and it is considered as a destroyer of human nature in the Qur'an. The divine nature must be in harmony with eternal destiny. In addition, homosexual law in Islam is qath'i, not mutaghayyirah. Therefore, it is inaccurate if a gender analysis system that is developed based on relatively social constructs is used in qath'i Islamic law discussion.