Wednesday, February 12, 2025
Wednesday, February 12, 2025
HomePakistanTransgenders can’t identify themselves as male or female: Federal Shariat Court

Transgenders can’t identify themselves as male or female: Federal Shariat Court

Federal Shariat Court: Transgender people are not permitted to identify as either men or women.

The Federal Shariat Court recently issued a ruling stating that transgenders cannot change their gender based solely on their personal feelings and desires, and they cannot identify themselves as male or female. The court’s decision was announced by Acting Chief Justice Dr Syed Muhammad Anwer and Justice Khadim Hussain Shaikh, who were presiding over a petition challenging the Transgender Act.

In its order, the court emphasized that gender is determined by a person’s biological sex, which has specific implications for religious practices such as prayers, fasting, and Hajj in Islam. The ruling stated that a person’s gender cannot be determined solely by their feelings, and Shariah does not allow gender reassignment due to impotence since the gender assigned at birth remains unchanged.

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The court clarified that an individual’s gender should be determined by their dominant physical features or secondary sex characteristics. Those with predominant male features would be classified as male transgenders, while those with predominant female secondary sex characteristics would be recognized as female transgenders.

However, the court acknowledged that it is the government’s responsibility to protect the rights of transgender individuals since Islam guarantees them all human rights. The verdict emphasized that calling oneself transgender outside of one’s biological sex contradicts Shariah.

The court found Section 7 and Section 3 of the Transgender Protection Act, as well as Section 2F, to be inconsistent with Islam and Shariah. Additionally, it declared the rules established under the Transgender Protection Act as illegal.

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The Transgender Persons (Protection of Rights) Act was passed by Pakistan’s Parliament in 2018 to prevent discrimination against transgender individuals and safeguard their rights in various aspects of life, including education, employment, and public spaces. The law also allows transgender persons to change their gender identity on official documents, but it does not permit men to change their gender to female or vice versa.

The law defines a transgender person as someone who is intersex or a eunuch assigned male at birth but undergoes castration or a person whose gender identity differs from their assigned sex at birth. The law requires transgender persons to approach the National Database and Registration Authority (NADRA) to change their name or gender on identity documents, with the options of the “X” category for gender, representing the third sex in Pakistan.

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The law prohibits harassment of transgender persons, ensures their access to various services such as healthcare and education, and calls for the establishment of safe houses and specialized facilities for them. It also mandates separate accommodations for transgender persons in jails and grants them inheritance rights, among other provisions.

In conclusion, the recent ruling by the Federal Shariat Court clarified the court’s stance on gender identity for transgender individuals. While the court emphasized the importance of a person’s biological sex in determining gender, it acknowledged the government’s responsibility to protect the rights of transgender persons in accordance with Islamic principles.

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