ISLAMABAD: According to a decision made by the Federal Shariat Court on Friday, transgender people not identify themselves as either male or female or to change their gender based only on their self-reported emotions and wishes.
On a petition contesting the Transgender Act, the Acting Chief Justice of the Federal Shariat Court, Dr. Syed Muhammad Anwer, and Justice Khadim Hussain Shaikh issued the order.
In its ruling, the court made it plain that a person’s gender is tied to their biological sex and that it has a particular impact on how certain Islamic rituals, such as daily prayers, fasting, the Hajj, etc, are carried out.
The verdict stated that a person’s gender cannot be determined by their feelings and that Shariah forbids anyone from having their gender changed due to impotence because the gender remains the same as it was at birth.
“No one can be declared transgender based on physical features and self-made identity,” the ruling stated, adding that a person’s gender would be decided by their primary physical features or secondary sex characteristics.
According to the court, individuals who exhibit predominately male physical traits will be classified as male transgenders, while those who exhibit predominately female secondary sex traits would be classified as female transgenders.
Although the court acknowledged that “Islam provides them with all human rights,” it concluded that it was the government’s duty to protect transgender people’s rights.
The ruling stated that it is against Shariah for a man or woman to identify as transgender outside of their biological sex.
According to the ruling, Sections 3 and 7 of the Transgender Protection Act are incompatible with Islamic law and the Shariah. Additionally, the court invalidated Section 2F of the Transgender Act.
Additionally, the Transgender Protection Act’s restrictions were deemed “illegal” by the court.
