- FSC strikes down transgender law.
- Law deemed against Islamic injunctions.
- Transgender rights activists outraged.
The Federal Shariat Court (FSC) in Pakistan has ruled against a law aimed at protecting the rights of transgender individuals, citing its provisions as being in violation of Islamic teachings. The decision has sparked debates regarding the recognition of transgender rights within the country.
Provisions Declared Against Islamic Injunctions:
The FSC, headed by Acting Chief Justice Dr Syed Muhammad Anwer and Justice Khadim Hussain, announced its verdict on a series of petitions challenging the Transgender Persons (Protection of Rights) Act 2018. The court found that several sections of the act, including the definitions of ‘gender identity’ and ‘transgender person,’ the recognition of transgender identities, and the right to inherit, were contrary to the injunctions of the Holy Quran and Sunnah.
Controversy Surrounding the Law:
Critics of the law argue that it could potentially pave the way for the legal recognition of gay and lesbian rights under the guise of transgender rights. The court’s 108-page judgment expressed concerns over the use of the term “transgender” to define gender identity based on self-perception, which contradicts biological sex, deeming it against Islamic teachings.
Biological Sex and Islamic Injunctions:
The court stated that according to Islamic teachings, a person’s gender is determined by their biological sex. It emphasized that numerous Islamic commands and acts of worship, such as prayers, fasting, Hajj, and the distribution of inheritance, are contingent upon biological sex rather than gender identity.
Confusion and Conflation in Definitions:
The judgment noted that the inclusion of terms like intersex, eunuch, transgender man, transgender woman, and khawajasira in a single definition of “transgender person” caused confusion. While intersex, eunuch, and khawajasira refer to biological variations that do not fit into male or female classification, transgender individuals perceive their gender identity differently from their assigned or biological sex.
Clarity and Restrictions:
The court acknowledged the existence of intersex and eunuch individuals, clarifying that Islamic law recognizes their rights. However, it deemed certain sections of the law, such as allowing a person to change their gender identity on official documents, as contradictory to Islamic injunctions. Concerns were raised about potential societal, legal, and religious implications, including issues related to privacy, access to gender-segregated spaces, and potential misuse of the law.
The Duty of the State:
The judges argued that the law could potentially expose females to discrimination and compromise their right to privacy. They expressed concerns about the ease with which biological males could access spaces designated for women under the guise of being transgender women. The court emphasized the duty of the state to prevent potential societal harm and argued that inheritance should be based on biological sex rather than self-perceived gender identity.
Read more: US announces $500K aid for Pakistani transgender community
Conclusion:
The FSC’s ruling striking down the transgender law due to its alleged contradiction with Islamic teachings has ignited discussions surrounding transgender rights in Pakistan. The decision highlights the challenges in reconciling religious beliefs and legal protections for marginalized communities. As the debate continues, it is crucial to ensure that the rights and dignity of transgender individuals are respected while addressing concerns raised by religious and societal stakeholders.
