And declare, “Truth has come and falsehood has departed. Indeed, is falsehood (by nature), always bound to depart.” [Quran 17:81]
May 19, 2023 — the Federal Shariat Court Islamabad issued a ruling declaring sections 2(f), 3, and 7 of the Transgender Act 2018 incompatible with the interpretation of Islamic principles. The aforementioned sections pertain to matters concerning gender identity, the right to self-perceived gender identity, and inheritance rights for individuals identifying as transgender.
The Federal Shariat Court of Islamabad observed that section 2(n) of the Transgender Act 2018 consists of five distinct terms (intersex, eunuch, transgender man, transgender woman, and khawajasira) within the umbrella of “transgender person.” The court noted that “intersex,” “eunuch,” and “khawajasira” refer to biological variations outside the male or female classification, while “transgender man” and “transgender woman” denote individuals whose self-identified gender differs from their assigned or biological sex.The court emphasised that the inclusion of multiple terms within one category has resulted in confusion and ambiguity surrounding the Act. According to Islamic teachings, voluntary castration to become a eunuch is not permitted at one’s own will, rather it is to be strictly assessed under the medical bodies.
Moreover, The court observed that Section 3 of the Act permits individuals to change their gender identity on official documents based on their self-perceived identity, regardless of their biological sex. However, the court expressed concerns about the potential religious, legal, and social problems that may arise from such provisions. It highlighted that allowing individuals to change their gender identity could lead to issues such as access to gender-specific spaces and gatherings, violation of privacy rights, and increased vulnerability to crimes such as sexual molestation and assault especially to women.
Furthermore, The court ruled that Section 7 of the Act, which pertains to the inheritance rights of transgender individuals, is inconsistent with Islamic principles outlined in the Holy Quran and Sunnah. It stated that inheritance shares cannot be based on self-perceived gender identity, as allowed under Section 7 and other sections of the Act. According to Islamic injunctions, inheritance shares must be allocated among legal heirs based on their biological sex.
And on that day the believers will rejoice at the victory willed by Allah. He gives victory to whoever He wills… [Quran 30:4-5]
Praise be to Allah, a revolutionary triumph has befallen the entire Muslim ummah. A die-hard five year long struggle finally blossomed its fruits. Was it easy? Surely not! It is a result of Divine Mercy, intertwined with the tireless struggles of our unsung heroes, the relentless efforts of Islamic welfare organisations, and the prominent role played by young Muslim activists, social media influencers, proactive parents, enthusiastic individuals and fearless petitioners who fought for justice.
In the face of adversity, these remarkable milestones stand as shining examples and serve as powerful reminders of the extraordinary resilience and potential that lies within each and every one of us. The battle is won but the war is still on! What’s required of us is to continue our efforts in the right direction. How so? By having a holistic perspective in mind, staying attuned to accurate information, equipped with the necessary resources, and having an unwavering commitment to the path of righthood.
So, let our hearts be filled with gratitude for this monumental achievement, and let us march forward with renewed zeal, knowing that our journey has only just begun. Together, let us mark our existence with the indelible imprints of purpose, passion, and perseverance!