Perbuatan Tidak Sopan dalam Kalangan Pengkid dan Tomboi Menurut Perspektif Islam dan Perundangan Brunei

Abstract

The terms Pengkid and Tomboi refer to women with masculine appearance and behaving like men. These groups try to highlight gender identity in contrast to their biological, moral, and social norms that they have. This study aims to understand the misconduct made by tomboi and pengkid which are viewed immoral in Islam as well as illegal in Brunei. However, there is no specific provision for this group in any legislation in Brunei. Therefore, this study will attempt to analyze the provisions relating to tomboi and pengkid found in the Perintah Kanun Hukuman Jenayah Syariah, 2013. This study will use qualitative methods which includes in-depth interviews, library-based method and data analysis methods, to obtain comprehensive and thorough information. The findings of the study include the absence of specific provisions for the tomboi and pengkid groups in Perintah Kanun Hukuman Jenayah Syariah, 2013, increases the difficulties of the authorities to take legal action. In addition, prevention from some aspects will also be discussed in the hope of preventing this immoral conduct from spreading. It is hope that this research can conform to the objectives of the study and to be the basis and guidance of law practitioners, especially in understanding the provisions relating to the offense of tomboi and pengkid in Perintah Kanun Hukuman Jenayah Syariah, 2013.