Non-Binary Gender in Siyasah Syar'iyah Perspective: A Study at Religious Universities in South Sulawesi

: Non-binary gender is a legally recognized phenomenon that is present within global civilization, including the nation of Indonesia. The primary objective of this article is to analyze the concept of non-binary individuals within the context of religious universities, specifically from the standpoint of siyasah syar'iyah. This study employs a combination of qualitative and quantitative research methods, adopting a siyasah syar'iyah framework. Data was acquired utilizing two methods, including in-depth interviews, literature reviews, and surveys. The research study involved conducting interviews with informants who were specifically selected from the academic and religious communities in South Sulawesi. The literature under consideration comprises scholarly journal articles, books, and legal rules. Concurrently, a survey research study was undertaken at five Religious Universities located in the region of South Sulawesi. This study posits that under the framework of gender, non-binary is identified as a distinct category alongside men and women. Nevertheless, Islamic law refutes the notion of gender and sexuality diversity, asserting that it contradicts sharia law, deviates from the inherent character of humanity, and raises legal issues such as inheritance and marriage. In addition to promoting non-discriminatory attitudes towards individuals, Islamic law also emphasizes the need of satisfying the rights of Non-Binary Gender individuals, provided that such fulfillment does not impede the realization of other human rights. According to siyasah syar'iyah , it is the responsibility of the state, as mandated by legislative rules, to ensure the provision of protection, guidance, and counseling to individuals, with the aim of fostering a life that promotes virtue and harmony within society.


Introduction
Contemporary gender variety extends beyond the binary categorizations of male and female.An individual who perceives themselves as diverging from these two inclinations or expressing indifference for the gender that receives societal acknowledgment.From a medical standpoint, this particular disorder is referred to as non-binary gender or genderqueer. 1Non-binary gender, often known as non-binary, is a conceptual framework used to explain individuals whose gender identity does not align with the traditional binary categorizations of male or female.This word is commonly employed in the Indonesian context as well.From a physical standpoint, individuals can be classified as either male or female; yet, they do not outwardly acknowledge or disclose their gender identity as male or female.Individuals may also perceive themselves as simultaneously of non-binary gender inside the public sphere. 6In Australia, non-binary gender is recognized and valued as a distinct gender identity, alongside the traditional binary categorizations of male and female.This recognition is a response to the historical dominance of male and female gender categories within societal frameworks.Despite the prevailing circumstances, Australia continues to make efforts towards granting legal recognition. 7n the context of Indonesia, non-binary gender is regarded as being comparable to khunsa, which refers to those who possess dual genders, as per the perspectives of Imam Nawawi and Wahbah al-Zuhaily.89 Consequently, due to its status as a nation with a Muslim majority, both legal and social conventions in this country are significantly shaped by Islamic principles.The khunsa's status gives rise to a range of legal issues, including the matter of inheritance distribution.In the religious court of Magelang, located in East Java, a case involving an heir who identified as khunsa presented a challenge for the presiding judge in determining the appropriate amount of inheritance.To address this matter, medical intervention was sought, leading to the finding that the heir was biologically male.
Despite its divergence from ancient Islamic law, contemporary fiqh allows for this possibility with careful analysis.One of the factors taken into account is the Islamic principle of damage, which presents a compelling argument in support of the significance of establishing a clear position for khuntsa.In contemporary society, the term "khuntsa" is recognized as a potential genital anomaly that may manifest in some individuals.Nevertheless, the position of khunsa still poses legal challenges. 10imilarly, among the Muslim community, it is argued that khunsa lacks a legal foundation within the framework of Indonesian marital law.Therefore, it is imperative to establish legal regulations that recognize and legalize marriages in line with Islamic law, thereby integrating them within the framework of the state legislation.The current marriage restrictions primarily pertain to the Marriage Law, as well as a compilation of Islamic law that exclusively governs marriages between individuals of opposite genders. 11ence, conducting research on non-binary gender is crucial in order to offer a comprehensive understanding of this phenomenon.Furthermore, it is pertinent to note that this phenomenon is closely linked to religious educational institutions when examined from the standpoint of siyasah syar'iyah. 12This study employs a combination of qualitative and quantitative research methods.Qualitative research employs a range of classical and modern literature sources to explore the concept of non-binary gender, including articles, novels, and texts pertaining to Islamic law.The survey or quantitative research method was selected due to its suitability for the goal and scope of this study, which is to ascertain the response of Religious Universities in South Sulawesi.The siyasah syar'iyah technique is employed to examine the governmental policies pertaining to the establishment of legal frameworks for non-binary gender identities within the Islamic community of Indonesia. 13

The Phenomenon of Gender and Sex
In the majority of cases, individuals from the general population tend to conflate the concepts of gender and sex.The distinction between gender and sex is evident.The concept of gender pertains to the societal roles assumed by individuals based on their sex, encompassing the distinctive attributes and behaviors associated with men and women.These roles are shaped by familial, cultural, and religious beliefs that influence individuals' experiences within their respective environments.The contemporary understanding of gender in the present day diverges from the conceptualization of gender in antiquity.During ancient times, it was customary for women to be accompanied by a male companion when venturing out at night.This practice stemmed from the prevailing belief that men have the ability to safeguard women. 14resently, there is a discernible emergence of women engaging in activities traditionally associated with men, so enabling them to achieve selffulfillment via the pursuit of similar endeavors.From a biological standpoint, it is evident that there are inherent distinctions between males and females in relation to their gender identity and physical characteristics.Specifically, it is notable that women possess reproductive systems capable of generating offspring, a capability that is exclusive to their gender when compared to men.Gender is a biologically determined characteristic that remains constant regardless of an individual's male Fred N. Kerlinger and Howard B. Lee, Foundations of Behavioral Research:  Quantitative Methods in Psychology Series (Australia: Wadsworth, 2000).
or female designation. 15The physiological distinctions between males and females confer upon males the capacity to engage in physically demanding labor, while females are more inclined to exhibit traits associated with a more delicate disposition.Gender refers to the inherent qualities and roles that are attributed to individuals based on their biological sex, which in turn influences their ability to interchange occupational positions with those of the opposite sex.This phenomenon has a significant impact on the social, cultural, and communal dynamics surrounding women and men.
There is often a conflation between gender roles and sex roles.These two terms possess distinct connotations.Sex roles refer to the behavioral patterns that are influenced by an individual's biological sex.These roles encompass several aspects, such as menstruation in women and erection and ejaculation in men, which are common to both sexes.In the realm of societal constructs, gender roles pertain to the prescribed behavioral norms associated with masculinity and femininity, which are primarily shaped by social factors. 16These expectations are established and sustained through the institutions and cultural norms of a specific culture.Within this particular context, it is noteworthy that the acts of giving birth and breastfeeding are commonly linked to feminine sex roles, whilst the responsibility of raising children is often associated with gender roles.The responsibility of child-rearing, along with its associated aspects, is contingent upon the cultural norms and power dynamics prevalent within a given society.
Gender is a distinguishing attribute employed to delineate disparities between males and females in relation to societal and cultural circumstances, values, conduct, mindset, emotions, and other non-biological elements.In order to gain insight into and address gender issues, an examination of diverse gender theories might be undertaken.Gender theories incorporate various sociological and psychological perspectives.The psychoanalytic theory was initially proposed by Sigmund Freud (1856-1939).This idea posits that the behavior and personality traits exhibited by individuals of both genders are influenced from an early stage by the progression of their sexual development.According to Freud's psychoanalytic theory, an individual's personality is comprised of three distinct structures: the id, ego, and superego.17 The id refers to an individual's inherent biological and physical features, encompassing factors such as sexual desire and instinctual tendencies that often exhibit aggression.The id functions as a reservoir of energy, imparting vitality to the subsequent two constructs.The id operates outside the confines of the rational system, consistently motivating individuals to pursue pleasure and fulfill biological needs.Furthermore, the ego operates within the realm of reason and endeavors to regulate the instinctual and violent impulses originating from the id.The ego endeavors to govern the interplay between an individual's subjective desires and the objective influence of social reality.The ego serves as a mechanism for individuals to navigate and overcome subjective challenges, while also ensuring their survival within the realm of objective reality.The third superego serves as a moral component of the individual's identity, striving to actualize the ideal state of existence, surpassing the pursuit of pleasure and gratification.The superego consistently prompts the ego to diligently fulfill its regulatory role. 18ccording to Freud, an individual is considered to be in a state of normalcy when the three structures above operate in a balanced and harmonious manner.If an individual exhibits a higher level of dominance, they may face difficulties.If the prominence of the id structure increases, there is a higher likelihood that the self will exhibit hedonistic tendencies.Conversely, when the superego assumes a more dominant role, individuals may encounter challenges in their own growth as they are consistently burdened by apprehension and preoccupied with selfreflection.An individual's personality development is impacted by one of the five psychosexual stages as described by Freud.Freud posited that sexual satisfaction, pertaining to the gratification of the sexual drive, is present at various developmental stages and is linked to specific anatomical regions. 1920urthermore, feminist philosophy serves to explicitly emphasize the societal status of women.Feminist activists aim to critique and contest the prevailing dominance of patriarchy, as well as the emergence of diverse gender stereotypes within societal constructs. 21Feminist perspectives on gender role disparities between men and women can broadly be classified into three distinct categories, namely: The initial theoretical framework, known as liberal feminism, promotes a range of societal transformations, including the establishment of legal parity between genders, equitable remuneration for comparable work, and the provision of equal opportunity for employment.However, they persist in refuting the notion that achieving absolute equality necessitates fundamental transformations in foundational institutions. 22The second theoretical framework, known as socialist feminism, aims to address the gender-based class hierarchy in society by highlighting the argument that the unequal distribution of roles between genders is predominantly influenced by cultural causes rather than inherent biological differences. 23he emergence of radical feminism as a prominent theoretical framework in the early 19 th century was marked by its critical examination of many societal institutions that were perceived as having a negative impact on women.Notably, patriarchal institutions were singled out as particularly detrimental to women due to their perceived bias in favor of males.Furthermore, within the radical feminist movement, there exists a subset of individuals who hold more extreme views.These individuals not only advocate for gender equality, but also argue for the concept of "sex" equality, which encompasses the idea that sexual gratification may be derived from same-sex relationships, hence endorsing the acceptance of lesbian activities.Furthermore, radical feminism is characterized by the conviction that men are the root cause of societal issues, and as a result, they should be either shunned or actively opposed.Several labels associated with the feminist movement that might be classified into this category include feminist revolutionaries, redstockings, firestone, and cultural feminists, among other. 24he third hypothesis under consideration is the socio-biological theory, which was formulated by Piere Van den Berghe, Lionel Tiger, and Robin Fox.This theory posits that the fundamental "biogram" inherited by current humans from their ancestors serves as a reflection of all sex role configurations.The degree of male dominance is influenced by a combination of biological and societal factors when examining gender dynamics. 25n essence, the prevailing dominance of men in positions of power within many social institutions results in the heightened valuation of masculine features and occupations, hence engendering a construct of masculinity that is associated with societal success.If individuals are taught to conform to masculine norms, they may develop traits such as independence, aggression, and competitiveness, which are often associated with success and the perpetuation of power dynamics favoring young men.The socialization of women towards femininity, characterized by passive and dependent traits, poses challenges for their ability to 22 Mansour Fakih, "Posisi Kaum Perempuan Dalam Islam: Tinjauan Analisis Gender," Tarjih: Jurnal Tarjih Dan Pengembangan Pemikiran Islam 1, no. 1 (1996), p. 22-37.
24 Jacqueline Rhodes, Radical Feminism, Writing, and Critical Agency: From Manifesto to Modem (USA: State University of New York Press, 2012).
acquire power and effect transformative change within prevailing systems of values and institutions. 26ender is a social construct that delineates the allocation of tasks and obligations amongst individuals based on their identification as either women or men.The concept of gender does not pertain to the inherent character of God.Nevertheless, it is important to acknowledge that gender is a complex construct that is shaped and influenced by socialization processes that have evolved over an extensive period of time.The allocation of gender roles might exhibit variability or undergo modification throughout time. 27Gender is a sociocultural phenomenon that serves to delineate between attributes associated with masculinity and femininity.The concepts of masculinity and femininity are subjective and contingent upon the socio-cultural environment of the specific society under consideration.The emergence of the notion of gender can be attributed to social scientists who saw the prevalent and enduring subordination of women, which had been advantageous to men over an extended period of time. 28ender and sex have distinct definitions.The concept of gender has been a subject of discourse that has elicited both positive and negative perspectives across several domains, encompassing society, academia, and governance, both historically and presently.Generally, there are those who continue to experience a sense of "foreignness" or exhibit hesitancy towards embracing the notion of gender due to its Western origins.The concept of gender emerged as a symbol of women's resistance, serving as a means to advocate for their entitlement to equal status as men.Certain communities exhibit a highly inflexible and traditional attitude, wherein a predetermined allocation of responsibilities between males and females is upheld. 29n Islamic law, the concept of gender does not establish a distinction between males and females.Islam is a religious belief system that espouses the principle of gender equality, affording both men and women equal positions within its teachings.The advent of Islam resulted in an elevation of women's dignity through equitable treatment and the fulfillment of their rights, comparable to those enjoyed by males.

The Concept of Non-Binary Gender from an Islamic Law Perspective
Based on historical accounts within the Islamic tradition, there exist individuals who exhibit traits that align with non-binary gender identities.These entities are commonly referred to as khuntsa.The term "khuntsa" is derived from the Arabic word "khanasa," which translates to "soft" or "softened." 30In accordance with Islamic law, a khuntsa refers to an individual whose gender is characterized by uncertainty, as they possess both male and female genitalia simultaneously or lack genitalia altogether. 31In the Jahiliyah era, there existed a notable scholar named Amir bin Adz-Dzarb.It is said that he was approached with a query concerning a woman who had given birth to offspring of both male and female genders.In recent times, there has been a growing discourse surrounding the intricacies and complexities associated with the phenomenon of khunsa.This discourse has been particularly pronounced in light of global challenges pertaining to human rights and the advancement of gender roles throughout society.
According to Sheikh Wahbah az-Zuhaili, the term "khuntsa" refers to an individual who possesses either male or female genitalia, or alternatively, an individual who lacks both male and female genitalia. 32In the book of Sunnah fiqh, Sayyid Syabiq and Ibnu Qudamah, among other Fiqh scholars, assert that khuntsa refers to an individual whose credibility is questioned, rendering them unreliable.The ambiguity surrounding the gender of such an individual further complicates their identification as either male or female 33 Many scholars, including Imam An-Nawawi, classify khuntsa into two distinct categories: abstruse ghairu khuntsa and abstruse khunsa.A khuntsa, which is not easily discernible in terms of gender based on prominent physical attributes, might be considered as an obscure entity.For instance, in cases when an individual possesses both male and female reproductive organs, namely a penis and a vagina, and predominantly urinates through the penis, exhibits prominent facial hair in the form of a bushy mustache and beard, and possesses a robust and sturdy physique, it may be reasonably inferred that their gender aligns with the male category.Conversely, the same reasoning can be applied to identify gender in reverse circumstances.In the realm of Khuntsa, there exists a variant known as Khuntsa abstruse, which poses a challenge in determining its gender because to the absence of discernible physical traits that would typically identify a specific gender.Despite much investigation, the gender classification of this variant remains elusive. 34ccording to Muslich Maruzi, the aforementioned khuntsa can be categorized into various categories, as outlined below: 1. Individuals with double genitalia refer to those who possess both male and female genitalia.2. Individuals who lack reproductive organs entirely.3. Individuals possessing male genitalia but exhibiting a higher concentration of female hormones, resulting in the manifestation of feminine characteristics and behaviors.4. Individuals who possess female genitalia but exhibit higher levels of male hormones, resulting in the manifestation of masculine characteristics and behaviors.
There are instances of individuals known as khuntsa who undergo developmental changes wherein their appearance transitions from mostly masculine to feminine or vice versa.During their early stages of growth, these individuals may exhibit a more masculine appearance, but as they mature, their physical characteristics become more feminine.Conversely, some khuntsa may initially display feminine traits during their early stages of development, but as they progress into adulthood, their appearance becomes more masculine. 35n recent times, there has been a notable surge in media coverage and scholarly investigation surrounding Non Binary Gender (non-binary) identities.This has coincided with an observed rise in the number of individuals identifying as non-binary.A noteworthy incident took place at a prominent university in South Sulawesi, wherein one of their newly enrolled students publicly disclosed their non-binary identity, 36 Although there seems to be a growing public awareness of non-binary gender identities, there is a noticeable dearth of research pertaining to the lived experiences of those who identify as non-binary.There is a dearth of scholarly study that specifically examines the linguistic strategies employed by individuals who identify as non-binary in order to express their gender identities.In what manner are pronouns, titles, and gender neutrality for maum elucidated throughout various societal strata. 37n accordance with prevailing societal and conventional beliefs, it is commonly accepted that God is attributed with the creation of human beings, who are classified into two distinct genders, specifically male and female.From the 34 Imam Nawawi, Kasyifatu As-Saja Fi Syarh Safiinat an-Naja (Al-Rasyid Li al-Tauzi' wa Al-Nasyr, 2019 moment of birth, individuals are bound by the laws of nature that govern their existence.It is crucial to have in mind that the development of male and female individuals is not subject to manipulation based on the desires of one's parents or oneself.Rather, it is determined by a divine decree and controlled by scientifically established dominant hormones.The gender disparity also serves the purpose of facilitating the perpetuation of the human species through the establishment of a biological connection between males and females.Nevertheless, there are individuals who do not fully embrace the inherent characteristics they possess from birth.Occasionally, individuals may experience a misalignment between their assigned gender at birth and their personal gender identity.This can manifest in cases when an individual assigned male at birth identifies as female, or conversely, where an individual assigned female at birth identifies as male.One category of individuals who may struggle with accepting their inherent characteristics is shown by the occurrence of women who exhibit masculine traits.
Women who exhibit masculine traits are often referred to as tomboyish women.Masculine women are individuals who have a tendency to engage in activities traditionally associated with men, as opposed to conforming to societal expectations of feminine activities often associated with women.In addition, it is noteworthy that women who exhibit masculine traits often derive pleasure from engaging in athletics as a recreational pursuit, and furthermore, their social network predominantly comprises individuals of the male gender.One notable aspect is that when individuals establish friendships with women, they tend to adopt a masculine role characterized by qualities such as protectiveness and gentleness.Inherent inside each human, regardless of gender, are both masculine and feminine tendencies.Nevertheless, there exist hormones that exhibit greater dominance in each individual, resulting in the manifestation of distinct physical characteristics and behavioral traits.In general, masculine/tomboy women exhibit certain characteristics, such as a preference for wearing pants, particularly jeans, a lack of interest in applying make-up, and a general indifference towards their physical appearance.
The concept of macho women is intricately linked to the sociological aspects of family and gender.The family holds significant importance as it is commonly seen that individuals with positive attributes often emerge from a cohesive familial environment.If all members of a family are able to effectively fulfill their respective responsibilities and roles, they will have the capacity to regulate individual behavior in order to prevent deviation.The occurrence of various social deviant behaviors can be attributed to familial disorder in reality.One example of aberrations pertaining to gender is the occurrence of women exhibiting masculine traits.Several prior research have suggested that family parenting has a significant role in shaping the development of femininity in women.One factor to consider is the influence of parenting style within a dysfunctional or toxic family environment, characterized by instances of verbal and non-verbal harm inflicted among family members.This detrimental dynamic can significantly impact an individual's behavioral patterns and their ability to effectively express oneself.
Gender is a societally constructed perspective or belief regarding the expected behaviors and thoughts associated with individuals identifying as either female or male.As an illustration, one prevalent perspective posits that the archetypal woman should possess proficiency in culinary arts, adeptness in selfcare, and have a soft demeanor.Additionally, there exists a concept that women are inherently sensitive and emotional beings, consistently relying on their emotions as a primary mode of engagement.Conversely, males are frequently characterized as possessing qualities associated with leadership, protection, headship within the family unit, rationality, and firmness, among others.In summary, gender is a socially constructed concept that is not inherently grounded in objective reality.In Surah al-Isra, specifically in verse 70: beliefs uphold traditional gender roles and view non-binary gender as incompatible with sharia, as it is believed to contradict God's divine plan and deviate from the natural order.The manifestation of Islam's disapproval of gender and sexuality variety can be observed across multiple dimensions, encompassing the prevalence of theological interpretations, fatwas issued by religious authorities, governmental legislation, and the exclusion of gender non-binary groups by social organizations.
Fathurrahman, a professor affiliated with the Bone State Islamic Institute, elucidated that within Islamic law, there is recognition of solely two genders, specifically male and female.If an individual identifies as non-binary, meaning they do not identify as exclusively male or female, it might be argued that such identification is in conflict with Islamic legal principles.In some medical scenarios, it is possible for an individual to exhibit the presence of dual genitalia.Islamic law addresses this matter by persistently assessing the individual's gender identity based on the prevailing functionality of their genitalia. 38bdul Syatar, a scholar at UIN Alauddin, underscores the notion that Islamic law consistently evaluates an individual in accordance with their biological attributes rather than their conduct.In cases when an individual identifies as non-binary and seeks to exercise inheritance rights, it is imperative to establish a definite gender classification, either male or female, in order to determine the applicability of Islamic legal requirements pertaining to inheritance.Similarly, this principle can be applied to various other matters including marriage and prayer. 39ased on the aforementioned argument, it may be inferred that within Islamic law, the convergence of two distinct genders within an individual is an unavoidable circumstance.Legal status requirements are necessary for individuals, regardless of their gender classification, as certain circumstances warrant differential treatment under the law for men and women.These circumstances encompass aspects such as religious practices, marriage, inheritance, and leadership roles.
According to Islamic law, the individual who is subject to punishment is determined based on the strength of their propensity towards the prohibited act, regardless of their gender.In order to ascertain the gender of a khuntsa, the predominant method typically involves examining the clarity of their genitalia.Nevertheless, in cases when ascertaining this is challenging, the consensus among the ulama is that physical indications should be given precedence over psychological symptoms for assessing legal status.

Non-Binary Gender within the Context of Religious Higher Education: A Siyasah Syar'iyah Perspective
The topic of non-binary gender has garnered significant attention and debate in recent years, particularly within Western societies.However, it is undeniable that there are organizations advocating for a positive stance on nonbinary gender, with the intention of promoting this awareness globally, including within the context of Indonesia.This discourse will elucidate the approaches adopted by religious universities in addressing non-binary gender identities.The topic of interest pertains to the correlation between the degree of understanding, the presence of non-binary gender identities, and the policies implemented by educational institutions.

Degree of Understanding Regarding Non-Binary Gender Identity
A significant proportion of participants demonstrated awareness of the concept of Non-Binary Gender; yet, they maintained a perception that sex and gender are synonymous.Upon closer examination of the definitions of these two concepts, it can be deduced that gender and sex are distinct entities.The process of gender classification arises as a result of social influences, whereas gender itself is biologically defined at birth and is inherent.
The subsequent indication elucidates the extent to which Non-Binary Gender rights are realized, akin to the broader human population.In this part the majority of correspondents agreed with a percentage level of 57.9%.This demonstrates the importance of approaching the realization of Non-Binary Gender rights with caution, ensuring that it does not impede the realization of other fundamental human rights.Similarly, the imperative to acknowledge Non-Binary Gender is of utmost importance and requires prompt realization.Based on the data presented in the table, it is evident that 35.1% of respondents expressed agreement with the aforementioned statement.The recognition of non-binary gender does not imply endorsement of this atypical gender identity, but rather signifies an acknowledgment of non-binary individuals and a demonstration of respect and acceptance towards their self-determined gender identities.

Table 1: Survey on the nature of Non Binary Gender
Given that gender is a social construct, it is not uncommon for individuals to draw parallels between the concept of Non-Binary Gender and the gender categories of calabai, calalalai, and bissu observed in South Sulawesi.The phenomenon of gender emergence in South Sulawesi has been recognized for a significant period of time.However, it is noteworthy that this development has not resulted in any substantial conflicts.Consequently, it can be argued that the coexistence of gender identities in South Sulawesi has been characterized by amicable relations with the local population.

The Non-Binary Gender Phenomenon within the Context of Religious Higher Education Environments
A Non-Binary individual has the capacity to embody feminine traits, masculine traits, or a combination thereof.The findings derived from the administered questionnaire indicate that a significant proportion of the academic community, serving as respondents, expressed disagreement over the association of non-binary gender with individuals possessing feminine characteristics who identify as men, or those possessing masculine characteristics who identify as women.The comprehensibility of the survey findings can be attributed to the intricate and non-conventional association between non-binary gender and Non-Binary Gender in Siyasah Syar'iyah Perspective Lukman Arake, et.al.,  DOI: 10.22373/sjhk.v7i3.20152http://jurnal.ar-raniry.ac.id/index.php/samarah1724 masculine and feminine constructs.This complexity arises from the fact that individuals may possess diverse experiences and interpretations of gender.

Table 2: Gender Phenomenon in Islamic Higher Education in South Sulawesi
The provided data illustrates that among religious universities, 40.4% of individuals support the notion of granting individuals the opportunity to express themselves as non-binary in terms of gender.The act of self-identifying as a nonbinary gender within religious educational institutions may be undertaken with the intention of garnering acceptance from fellow individuals.Nevertheless, it is imperative to acknowledge that the freedom to articulate one's thoughts is undeniably a fundamental human right as stipulated by the Constitution of 1945.The aforementioned liberty grants each individual within a society the ability to openly and conscientiously articulate their viewpoints, cogitations, and concepts.Nevertheless, it is crucial to bear in mind that freedom of expression is subject to certain constraints.It is imperative for every individual to assume responsibility for their verbal expressions and conscientiously evaluate the potential ramifications of their viewpoints on others.
Yohannes Krismantyo, a scholar affiliated with the Toraja State Christian Institute, underscores the need of upholding the rights of those who identify as non-binary gender within the specific setting of a religious university.According to legal provisions, education is unequivocally designated as a universal entitlement.The presence of individuals is not a matter of concern as it is a deliberate decision.The aforementioned group, being a minority, warrants safeguarding, provided they do not contravene relevant legal statutes.Individuals who do not identify with the gender binary may face societal stigmatization due to their perceived deviation from cultural norms.However, it is worth considering that the concept of binary gender itself is a social construct that posits the existence of only two genders.The concept of gender should be distinguished from that of sex, as sex is primarily determined by biological factors, while gender is predominantly shaped by societal norms and constructs. 40ence, the attitudes of those surveyed with respect to non-binary gender are either considered abnormal and upsetting or not aligned with the prevailing norms within the higher education setting.Given the fact that Religious Universities in South Sulawesi undoubtedly impart religious comprehension through various courses and activities, it is inevitable that a significant number of participants perceive non-binary gender as deviant conduct and believe it to be incongruent with Islamic principles.The survey table indicates that a majority, exceeding 65%, voiced their approval.In this regard, it can be inferred that religious dogma remains robust and exerts influence within the academic community while addressing phenomena that deviate from religious norms.
Based on the findings of the questionnaire, as stated by Idris Rasyid, the secretary of the Indonesian Ulema Council in Bone Regency, non-binary gender is regarded as a lifestyle choice that has a higher propensity to result in mental disorders.Consequently, if this phenomenon is not adequately addressed, it will undoubtedly have adverse consequences not only for the individuals involved but also for their immediate social circles. 41According to Subekti Masri, a scholar affiliated with the Palopo State Islamic Institute, the presence of individuals identifying as non-binary in terms of gender can potentially result in behaviors that deviate from religious doctrines.Consequently, it is imperative to consistently provide them with reminders and guidance.42

The Policy Pertaining to Non-Binary Gender at Religious Higher Education Institutions
Typically, the formulation of policies in higher education is shaped by the perceptions and reactions of policy makers to the evolving social, political, and cultural dynamics within the society.This policy is a component of the endeavors undertaken by policy makers to regulate the execution of higher education functions by means of legislation, a bureaucratic framework, and the enforcement of duties.In Indonesia, existing rules have been established to facilitate the establishment of an inclusive and supportive environment that encompasses all gender identities. 43This policy is commonly referred to as a gender-responsive campus initiative.The concept of a gender-friendly campus refers to the designation of universities that foster an inclusive and supportive atmosphere for individuals of all gender identities.Gender-inclusive campuses strive to ensure equitable opportunities and rights for all persons, irrespective of their biological sex or gender identity.
A number of Indonesian colleges have adopted rules with the objective of fostering an open and amicable atmosphere that accommodates individuals of various gender identities, including those who identify as non-binary.An instance of this can be observed at Gajah Mada University (UGM), where a genderinclusive curriculum has been developed within the university premises, with the endorsement of the campus community and the chancellor.Several policies have been established in Indonesian universities, such as the use of inclusive terminology and the provision of gender-neutral living accommodations.Based on the findings derived from the aforementioned questionnaire, it is evident that a significant proportion of participants express agreement and endorsement towards the provision of acceptance, special policy areas, and academic spaces catering to individuals identifying as non-binary gender within the realm of higher education.In relation to the allocation of specialized amenities for individuals identifying as non-binary, a significant majority of respondents, specifically 68%, indicated a lack of support.The lack of laws mandating institutions to offer specialized facilities for those identifying as non-binary genders contributes to the comprehensibility of this situation.
The current state of higher education policies in Indonesia pertaining to those who identify as non-binary gender is characterized by ongoing development and progress.Multiple studies have indicated that the issue of gender equality in higher education in Indonesia is a matter of significant concern.44Broadly speaking, the higher education regulations in Indonesia pertaining to gender strive to establish an open and amicable atmosphere that accommodates individuals of various gender identities, including those who identify as non-binary.A number of policies have been introduced in Indonesian universities, one of which pertains to the adoption of inclusive language.This policy is designed to promote the use of language that avoids reinforcing binary gender divisions or heteronormative assumptions.Furthermore, it is worth noting that a number of colleges offer gender neutral housing options to cater to the needs of both male and female students.Furthermore, students have the ability to modify their gender designation without necessitating a corresponding alteration in their legal gender designation. 45hus, it should be mentioned that the understanding and implementation of non-binary gender policy in higher education in Indonesia is still in its early phases.Additional endeavors are required to augment consciousness and comprehension pertaining to non-binary gender matters, as well as to foster the implementation of more comprehensive policies within the realm of higher education in Indonesia.While it is true that all individuals possess the inherent right to freely articulate their thoughts and opinions, it is important to acknowledge that this freedom is not without constraints.The freedom that we experience is characterized by a sense of responsibility.The extent of an individual's freedom is constrained by the freedoms of others, as well as the prevailing societal, national, and state values and conventions.Arabic poetry asserts the principle that the freedom of an individual is constrained by the freedom of others."Hurriyatul-mar'i mahdudatun bi hurriyati ghairihi" (people's freedom, is restricted by other people's freedom).
However, in accordance with syar'iyah, state universities are institutions that fall under the jurisdiction of the state.Abdul Syatar, a scholar affiliated with UIN Alauddin, asserts that it is fundamentally incumbent upon the state to ensure the provision and safeguarding of the rights of all individuals, even those who identify as non-binary. 46ccording to the Secretary of the MUI, it is imperative for the state to ensure the provision of protection to individuals, thereby upholding their rights as citizens.In addition, it is worth noting that the government plays a crucial role in offering advice and direction to community members, a fundamental aspect that is intertwined with both legal and religious frameworks. 47ccording to Abdul Syatar, it is the responsibility of the state to enforce discipline and regulation among its citizens, particularly when their lifestyles are perceived as deviant.This enforcement should be in accordance with the principles of Islamic law, which emphasize that government policies must prioritize the welfare of the people.Consequently, individuals who identify as non-binary gender should be provided with appropriate advice and comprehension to enable them to authentically express their gender identity and live in accordance with their inherent human nature. 48ccording to Amrullah Harun, an academician from the Palopo State Islamic Institute, it is imperative for the state to uphold the rights of all individuals.Consequently, individuals who identify with non-binary gender beliefs should be provided with mental counseling aimed at aligning their selfperception with their biological sexual characteristics, to some extent. 49ccording to Wahyuni, an academician at UIN Alauddin, it is worth noting that while there is presently no explicit policy addressing Non-Binary Gender, UIN Alauddin Makassar College has made efforts to ensure the safety of its students by implementing measures to prevent sexual harassment.It is imperative for individuals to comprehend that sexual harassment constitutes a reprehensible and highly abhorrent behavior.Consequently, it is incumbent upon us to exhibit mutual regard and esteem towards one another, irrespective of one's status, rank, age, or even gender. 50rom the standpoint of siyasah syar'iyah, it is incumbent upon the state to establish legal frameworks concerning matters pertaining to these concerns, as one of the objectives of the state is to generate societal advantages.However, it is imperative for the state to ensure the safeguarding of non-binary gender communities, while simultaneously offering appropriate guidance and counseling to foster their understanding of their gender identity, in accordance with the principle of "government policies must be based on the welfare of the populace" as stipulated in Islamic law.This responsibility extends to educational institutions and all aspects of societal existence. 51ence, within the framework of Islamic law, it is considered that nonbinary gender identities deviate from the norm and are deemed to be in conflict with the inherent characteristics of human beings.This situation presents several legal challenges, such as complications related to inheritance and marriage.These concerns arise due to the legal framework that exclusively recognizes two genders, namely male and female, which might impact individuals who identify outside of this binary classification.However, in accordance with syar'iyah (Islamic law), it is the responsibility of the state to offer protection to individuals through legal laws.This protection should be accompanied with guidance and counseling, with the aim of fostering a life that promotes virtue and harmony within society.

Conclusion
In conclusion, it can be inferred that the aforementioned points lead to the logical conclusion that non-binary gender is a broad concept encompassing gender identities that extend beyond the traditional male and female categories.Non-binary individuals typically self-identify with a gender that differs from their assigned sex at birth, although it is important to note that not all individuals within this group necessarily identify as transgender.The Islamic perspective has traditionally adopted a binary framework when considering gender, limiting it to the categorization of individuals as either male or female.Islamic theology asserts that gender and sexuality diversity is not accepted because to the belief that nonbinary gender is inconsistent with sharia, and does not align with the laws prescribed by Allah.The emergence of non-binary gender as a phenomenon has elicited a range of reactions from Religious Universities in South Sulawesi.According to the findings of the study, a significant proportion of participants expressed their dissent towards the presence and empowerment of specialized facilities catering to those who identify as non-binary in terms of gender.On the contrary, it is widely acknowledged by the majority of participants that Religious Universities have implemented a distinct policy pertaining to Non-Binary Gender, so ensuring their entitlement to fundamental human rights.According to Islamic law, non-binary gender is regarded as a departure from the norm and is deemed inconsistent with the inherent character of human beings.Consequently, this perspective produces legal complexities concerning matters such as inheritance and marriage.The receipt of an inheritance and the occurrence of marriage are contingent upon the legal recognition of two genders, namely male and female.Nevertheless, in accordance with siyasah syar'iyah (Islamic law), it is incumbent upon the state to offer protection to individuals through legal frameworks.This protection should be accompanied with guidance and counseling, with the ultimate goal of fostering a life that promotes virtue and harmony within the society.
The research focuses on several areas, including UIN Alauddin Makassar, Bone State Islamic Institute, Palopo State Islamic Institute, Parepare State Islamic Institute, and Toraja State Christian Institute.