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Mak nyah

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Mak Nyah([ˈmaʔˈɲa]), alternatively spelledmaknyah,is aMalayvernacular[1]term fortrans womeninMalaysia.It arose in the late 1980s in order to distinguish trans women from other minorities.[2]

The name is preferred byMalaysiantrans women as opposed to various derogatory terms (namely,pondanandbapok), which were previously used bySarawakianswhen referring totranssexualsandcross-dressers.[1]These are also considered slurs, which are variously directed togay menas well as transgender individuals.[citation needed]Though less used, the termpak nyahis sometimes used fortrans men,and the hybrid termmak-pak nyahfor all transgender individuals.[citation needed]

Origins and definition of the term[edit]

Mak nyahis formed from the wordmak,meaning 'mother',[3]andnyah,meaning 'transition' (literally, 'to run from').[citation needed]Khartini Slamah describes how the term arose in the transgender community: "[F]irst, [as] a desire to differentiate ourselves from gay men, transvestites, cross-dressers, drag queens, and other 'sexual minorities' with whom all those who are not heterosexual are automatically lumped, and second, because we also wanted to define ourselves from a vantage point of dignity rather than from the position of derogation in which Malaysian society had located us[4]Slamah then goes on to explain that the termmak nyahdoes not necessarily refer to a trans woman who has undergonesex reassignment surgery(SRS):[2]"[M]ak Nyahsdefine themselves in various ways along the continuums of gender and sexuality: as men who look like women and are soft and feminine, as the third gender, as men who dress up as women, as men who like to do women's work, as men who like me, etc. "[4]

The term ofmak nyahfor Malay transgender women can be contrasted with other terms for the trans community around the world, such ashijrasinIndia,kathoeysinThailandandoccultinMyanmar.[1]

Language[edit]

Bahasa Seteng(literally "half-language" ), is a secret language used within the Malaysian transgender community, in order to reflect their identity. It is commonly used amongst teenagemak nyah.[1]

Legal status[edit]

Themak nyahcommunity in Malaysia experiences heavy discrimination, including discrimination in employment, housing and health care.[5]In 2010, the governments of theUnited KingdomandAustraliarecognised Malaysian transgenderasylum seekers,in response to the persecution and discrimination that they face in Malaysia.[6][7]

Malaysian courts have issued ambiguous messages as to whether a transgender individual's preferredgender identityor their birthsexshould appear on their ID cards (My Kad).[2]For example, inWong's case,[8]the judge of theHigh Court of Ipohupheld the refusal of the national Registration Department to amend or correct the Birth Certificate and National Registration Identity Card of the claimant who was a transsexual man.[2]However, inJ.G.'s case,[9]a judge of theHigh Court of Kuala Lumpur,in dealing with a case which shared many similarities withWong's case,decides that the claimant's ID card be amended to acknowledge her gender identity.[2]

Under Section 21 of the Minor Offences Act 1955,mak nyahcan be charged for indecent behaviour for dressing as women,[citation needed]and Section 28 of the Syariah Criminal Offences (Federal Territories) Act 1997 prohibits any male person from wearing a woman's attire in a public place and posing as a woman for "immoral purposes".[2]Such a charge usually results in a small fine ofRM25–50.[citation needed]

Under Islam[edit]

In 1983, the MalaysianConference of Rulersissued afatwawhich ruled thatsex reassignment surgeryshould be forbidden to all exceptintersexpeople, on the basis that any other surgery was againstIslam,[2]as Islam only permitskhunsa(intersex people) to undergo a sex change operation.[5]Sunni Islam forbids males from cross-dressing, wearing make-up, injecting hormones to enlarge their breasts, and undergoing sex change operations.[1]Research shows that 78% ofmak nyahswould prefer to have a sex change operation if their religion permits them to do so.[10]

As the majority ofmak nyahare MalayMuslims,they can be further charged by ashariacourt,[1][2]for which there is a fine of RM800–3000.[citation needed]Laws such as these have been used by the Malaysian religious authorities (theJabatan Hal Ehwal Agama Islam Negeri Sembilan) to oppress themak nyahcommunity, through raids, interrogation, violence and detention.[2]

In addition, having SRS also causes a problem in terms of Islamic burial rites, which state that only a woman may be permitted to bath the body of a woman. This does not includemak nyahindividuals, even if they have undergone SRS. However,maknyahindividuals who underwent SRS could not be bathed by a man either.[11]

Statistics[edit]

It has been estimated that there are about 10,000mak nyahin Malaysia.[12]In the city ofKuchingthere are 700mak nyah(75% Malays, the rest areDayaksandChinese).[1]

Research[edit]

Teh Yik Koon wrote research documents on themak nyah,including a 1998 study and a 2002 book calledThe Mak Nyahs.Andrew Hock Soon Ng, the author of "The Politics of Reclaiming Identity: Representing theMak NyahsinBukak Api",wrote that the book was" the most extensive scholarly work "on themak nyahs.[13]

In media[edit]

The 2000 documentaryBukak Apiis about Mak nyah.

See also[edit]

References[edit]

  1. ^abcdefgCaesar DeAlwis; Maya Khemlani David."Language and Identity of Malay Teenage Mak Nyah (Transvestites) in Kuching"(PDF).repository.um.edu.my.Archived fromthe original(PDF)on 4 March 2016.Retrieved1 February2015.
  2. ^abcdefghi"The Mak Nyahs of Malaysia: Testimony of Four Transgender Women"(PDF).equalrightstrust.org.Equal Rights Trust.Retrieved1 February2015.
  3. ^Tan Lay Ean, H.,Jeffrey Jessie: Recognising Transsexuals,The Malaysian Bar, 17 November 2005
  4. ^abSlamah, K.,The Struggle to Be Ourselves, Neither Men Nor Women: Mak Nyahs in Malaysia,in Misra, G. and Chandiramani, R. (eds.),Sexuality, Gender and Rights: Exploring Theory and Practice in South and South East Asia,SAGE, 2005, p. 99-100
  5. ^abTeh 2002.
  6. ^"Trans Woman wins Asylum Claim".International Lesbian, Gay, Bisexual, Trans and Intersex Association.27 July 2010. Archived fromthe originalon 4 August 2011.Retrieved1 February2015.
  7. ^"Malaysian transsexual given refugee status in Australia".Fridae.asia.2 May 2010.
  8. ^Wong Chiou Yong v Pendaftar Besar/Ketua Pengarah Jabata Pendaftaran Negara [2005] 1 CLJ 622.
  9. ^J. G. v Pengarah Jabatan Pendaftaran [2005] 4 CLJ 710.
  10. ^Teh 2002,p. 147.
  11. ^Teh 2002,p. 101.
  12. ^Teh 1998,p. 165.
  13. ^Hock, Andrew Soon Ng. "The Politics of Reclaiming Identity: Representing theMak NyahsinBukak Api"inPullen, Christopher(2012).LGBT Transnational Identity and the Media.Springer.ISBN978-0-230-37331-0.,page 138.

Bibliography[edit]