Dessy Sagita – Nadia, who went by the name Agus before having gender reassignment surgery, filed a court petition and won her fight for legal recognition as a woman. But now Nadia, and other women like her, has another battle on her hands with the religious establishment.
The Indonesian Council of Ulema (MUI) has publicly raised concerns over the verdict issued by Central Java's Batang District Court in Nadia's case. MUI chairman Amidhan said on Friday that gender reassignment surgery was considered haram, or forbidden, by Islam.
"I am a bit afraid and worried that this might become a trend. A lot of people will end up resorting to the same option," Amidhan told the Jakarta Globe.
"If there's nothing to be fixed, then don't fix it. Don't change what God has given you," he said, adding that such operations could only be performed for valid medical reasons.
"If a person was born with double sexual organs and he or she showed a strong tendency to be one gender, then the operation is allowed," he said.
Amidhan said gender reassignment surgery should only be performed after a comprehensive examination by a doctor and a psychiatrist determined the surgery was necessary for medical reasons.
He said he regretted the court's decision granting Nadia's petition to be legally recognized as a woman, adding that no court should have the right to change the gender status of a human.
"This is very odd. Only God has the ultimate right to change the status of a human being," Amidhan said, adding that anyone who felt uncomfortable or was unhappy due to their gender should think carefully before making such a life-altering decision. He said if a person was born a healthy man and wanted to become a woman, he should seek first advice from experts.
"Talk to someone, discuss it with the professionals, don't change yourself too easily if you don't have any medical issues with your gender," Amidhan said.
Nurkholis, a member of the National Commission on Human Rights (Komnas-HAM), however, defended the right of anyone to change his or her gender, medically and legally.
"As long as they do not harm themselves or anybody else, they are free to be whatever they want to be, man or woman," Nurkholis said.
He added that even though gender reassignment surgery was a controversial issue, both culturally and religiously, it was not a matter that should be dealt with by law enforcement officials.
"If it is considered breaking the rules of a traditional culture or religion, it should be dealt with without law enforcement or coercion," he said.
Nadia Ilmira Arkadia, who was born Agus Wardoyo, underwent gender reassignment surgery at Dr. Soetomo Hospital in Surabaya earlier this month.