Telaah Fenomena Operasi Penggantian Kelamin Bagi Khuntsa (Studi Komprehensif Hukum Islam dan Hukum Positif)

Abstract

Khuntsa is a condition in which an individual has both male and female characteristics and cannot be identified as either male or female. In the modern world, khuntsa is considered a possible and occurring sexual anomaly in some individuals.This research aims to explore the understanding of khuntsa from the perspectives of Islamic law, positive law, and the divine aspect. The research methodology employed is a literature review using a normative approach to analyze the legal issues related to khuntsa and its implications on the legal protection of citizens undergoing gender reassignment surgery and their civil rights.The research findings indicate that the phenomenon of khuntsa also gives rise to psychological theories, demonstrating that this condition can trigger psychological issues affecting the physical and behavioral aspects of khuntsa individuals. Modern medicine categorizes khuntsa as a identifiable sexual anomaly that can be managed through gender reassignment procedures. While this view may contradict classical Islamic jurisprudence (fiqh), contemporary fiqh acknowledges khuntsa as a specific case requiring thorough consideration.Regarding treatment, this research recommends that khuntsa be addressed through the same gender reassignment procedures applied to other cases. In this context, fiqh principles serve as a strong basis to emphasize the importance of determining the status of khuntsa individuals.