Transgressing the sacred : gender norms, ritual propriety, and the limits of religious freedom in Islamic discourses

Abstract

The viral case of Isa Zega, a well-known Indonesian transwoman who performed ‘umrah while dressed and act as a woman, and openly documented their journey on social media in late 2024, has ignited fervent debates among Indonesian Muslims. This occurrence highlights the profound tensions inherent in the rigidity of gender norms, the sacredness of Islamic rituals, and the limits of religious freedom within both classical and contemporary Islamic discourses. This thesis focuses on the case study of Isa Zega (Syahrul), exploring how their ‘umrah transgressed the gendered ritual propriety prescribed by Islamic jurisprudence (fiqh). And in what ways does the Muslim Indonesian society’s response to Zega’s actions illustrate the delicate equilibrium between hurriyah al i’tiqād (individual belief) and maṣlahah ‘ammah (public interest)? This study employs a qualitative examination rooted in library research and discourse analysis, analyzing both classical and contemporary Islamic legal sources, fatwās, and scholarly commentary concerning the historical context of khunthā (intersex individuals) and mukhannath (effeminate men) within mediaeval Islamic society. The research situates Zega’s actions within a wider tension between personal piety and the enforcement of communal religious norms. This study integrates historical jurisprudence with theories of the body, ritual, pollution anxiety, and religious freedom, depicting how Zega’s ‘umrah challenges established perceptions of gendered devotion within Islam. The analysis posits that although Islamic jurisprudence protects hurriyat al i’tiqād (liberty of belief), public acts that breach ritual norms may warrant legitimate limitations based on the principles of maṣlahah ‘ammah (public welfare). Zega’s meticulously curated performance of ‘umrah, characterized by the donning of hijāb and the widespread public documentation of their journey documentation virtually on social media, confronts not only fiqh rulings on gendered devotion but also the Indonesian state’s pluralistic yet moralistic governance of religion. The results indicate that the sacred is not a static realm, but rather a contested space where bodies, attire, gestures, and visibility technologies intersect and contend with one another. This thesis elucidates the theological and legal ambiguities revealed by Zega’s ‘umrah, thereby contributing to current debates on how Muslim societies navigate gender non-conformity within spaces deemed inviolable. Ultimately, it necessitates profound reflection on the possibilities and constraints of freedom within the sacred, prompting scholars and policymakers to reassess the regulation of the ritual body in an era characterized by digital representation and gender diversity.