Trans people may express their gender in a variety of ways and that may vary in certain contexts and at certain times. Therefore, it is important to remember that there is no one way to ‘be’ trans. it can mean many different things to different people. Transition for some people may mean changing their name and choosing a pronoun, that feels more appropriate – a process that is often referred to as ‘social transition’.
For others, the transition may involve gender-affirming medical treatments, such as hormones. The word “transgender” is used in this essay to describe people “with mainly physiological male bodies, who reject the male/female duality and are recognized in certain South Asian communities as Khawaja Sara and Hijra.
Transgender rights in the light of Islam:
When it comes to establishing legal principles, classical Islamic law expressly acknowledges four genders among people: male, female, DSD/intersex (khunsa), and the effeminate male (mukhannath). Islam recognizes the khunsa because the Prophet Muhammad (peace be upon him) declared. In accordance with the Sunnah, that the organ from which the kid urinates determines the sex of a child born with two opposing sex organs (as related by Abu Dawud, Vol. 4, p. 228). Khunsa is described as “a person with both male and female parts or with an aperture in place of a sexual organ from which he urinates” by the Islamic scholar Ibn Qudamah.
Many Islamic societies across the globe acknowledge and welcome transgender people, men, and women alike. The concept of a man or woman identifying as a member of the other gender is actually more likely to be accepted than the idea of a man or woman expressing sexual attraction for a person of the opposing gender.
Except in cases when it has been confirmed that the khunsa is male, it is not necessary for them to do the mandatory Jumaat prayer in the mosques alongside Muslim males.
The Maliki school holds that the khunsa should be thoroughly washed in accordance with the procedures and that the cleansing of the corpse of the dead should not be restricted to tayammum, provided that the necessary capacity and facilities are available. When there is no water available, the performer of the ritual cannot tolerate water, or the water supply is restricted, the term “tayammum” refers to an alternative to ablution.
Tayammum, an alternative to ablution before prayers, is utilizing clean dust to clean one’s hands and face. The khunsa cannot be washed by Muslim men or women, according to the Hanafi school, however, the khunsa’s family members must conduct tayammum (Mohd. Al-Bakri, 2011;)
The Shafi school holds that either men or women may wash the body of a khunsa musykil who passes away without having any close family members, provided that the khunsa is still a kid. Alternatively, tayammum should be conducted if the dead khunsa was an adult; nevertheless, there is a different school of thought that suggests the bathing ritual may be carried out while the corpse is wrapped in fabric (Mohd. Al-Bakri, 2011).
According to the Holy Quran and the Prophet’s sayings, performing a sex change procedure [on a non-DSD person] is absolutely forbidden and is considered a crime.
When a person has both male and female organs, more testing is necessary. If the results are more in favor of the male gender, the person may be treated medically (e.g., with hormones or surgery) to resolve the gender ambiguity and raise him as a man, and vice versa.
In order to keep the guardians informed and provide them with the findings of the medical examinations and whether the evidence shows that the kid is male or female.
The Shafi school holds that because a khunsa musykil is not permitted to marry and does not have children. He or she does not have the status of a parent, grandparent, spouse, or spouse when it comes to inheritance but instead may have the status of a child, sibling, or sibling of the parent of the deceased instead (Al-Khim et al., 2009). The sex of the children is known after the khunsa has given birth.
The khunsa is a guy if he has fathered a female child. The khunsa is female if she has given birth. Consequently, in either scenario, the individual is no longer khunsa musykil but khunsa wadhih. He or she will inherit in accordance with the established sex and gender.
According to this school of Islamic law, the khunsa shall get the inheritance part in cases when it is the same amount regardless of gender.
The Khunsa may, however, get whatever part the other heirs and the Khunsa have chosen to award in accordance with their consensus of ideas in circumstances,
Transgender Rights in Pakistan law 2018:
Article 25 of the Constitution of 1973 is the foundation of the right to equality in Pakistan. The article appears to grant its citizens both formal and substantive equality.
The former because it recognizes all “citizens” as being equal before the law and forbids discrimination based on sex; the latter because Section 25(3) permits positive discrimination for the benefit of women and children.
In 2012, the Pakistani Supreme Court rendered a significant decision pertaining to the rights of the transgender population. This decision was very important because it addressed the prejudice that transgender people faced and recognized the suffering of the community.
The basis of this issue was that transgender people were denied access to national identity cards, which prevented them from exercising any of their basic rights while acting in the position of “citizens” of Pakistan.
Although NADRA established the official position that many transgender people had unknown paternity, they could not be provided national identification cards, the fundamental reason for this discriminatory treatment was the underlying prejudices present in society
. The Supreme Court formally ruled that transgender people belonged to the third gender and were “equal” Pakistani citizens. They thus had the right to exercise all basic rights.
The Court also ordered NADRA to make sure that the transgender community had national identification cards so that others were also aware of their situation.
Positive discriminations are permissible because women and children are seen as the weaker demographic and because the state takes a paternalistic stance toward them.
Given the gender and sex-based motivations behind this Article, it is regrettable that the Constitution does not provide the same protection to transgender people, who have endured horrendous treatment ever since the British colonizers arrived on the Indian subcontinent.
The transgender community suffered a civil death as a consequence of the social stigma, which has origins in colonial authority. This climate persisted even after Pakistan was founded. The transgender community is entitled to further protection from the State due to over a century of prejudice and mistreatment.
What New Transgender Bill 2022 talks about:
ISLAMABAD: The Intersex Persons (Protection of Rights) (Amendment) Bill 2022, introduced by Senate Standing Committee on Interior Chairman Mohsin Aziz on Wednesday, seeks significant revisions to the Transgender Persons (Protection of Rights) Act 2018.
Given the importance of the measure, Senate Chairman Sadiq Sanjrani immediately forwarded it to the appropriate committee for consideration.
The Intersex Persons (Protection of Rights) (Amendment) Bill, 2022’s stated goals and justifications include ensuring transgender people’s wellbeing.
According to the proposed legislation, intersex people would be entitled to the same possibilities for work, education, and healthcare as other members of society.
The law explains that safeguarding the rights of “intersex individuals” should have been the main goal of this legislation.
A person who has ambiguous genitalia is referred to as an intersex person or a hermaphrodite. Unfortunately, the Act of 2018 has numerous clauses that are completely at odds with our customs, beliefs, and even the Constitution.
The Transgender Persons (Protection of Rights) Act of 2018’s portions that violate Islamic law and the Constitution have been removed as part of the Intersex Persons (Protection of Rights) (Amendment) Bill, 2022, which was created to address the needs of intersex people.
Additionally, the Bill explains that American psychiatrist John F. Oliven coined the word “Transgender” in 1965. It was primarily intended for those whose sexual orientation conflicts with their gender at birth.
According to the article, this is essentially a disordered mental condition in which a man may “feel like” a woman or a woman may “feel like” a man, or occasionally even both, leading to what is known as a “non-binary” gender. It is not comparable to “intersex” and instead refers to a psychological or mental state of mind.
Consequently, it aims to rename “The Transgender Persons (Protection of Rights) Act, 2018” to “The Intersex Persons (Protection of Rights) (Amendment) Bill, 2022.”
The reaction of political parties to this bill:
The Transgender Persons (Protection of Rights) Act, 2018, according to Jamaat-i-Islami (JI) emir Sirajul Haq, is against Islamic Sharia.
The National Assembly has enacted a bill that grants transgender people the same rights as other people.
At a news conference in Lahore, Haq said that the legislation violates Sharia since it permits both men and women to alter their gender identity. They added that around 29 000 men and women have so far proclaimed changing their gender identity in accordance with the law.
Lawmakers also that the bill is a plot to dismantle the family structure in Pakistan.
They did, however, make it clear that the party has always supported transgender people’s rights and that doing so is not in opposition to those rights. According to legal scholar Reema Omer, the criticism of the bill is “malicious, opportunistic, and completely unjustified. “She claimed in a series of tweets that the law was passed following months of study, discussion, and consultation and that it has the support of all major political parties, the National Commission for Human Rights, participants in the Council of Islamic Ideology, civil society organizations, and the transgender community.
Also, see Transgender Rights Bill Sparks New Parliamentary Debate.
The leader of the Pakistan Democratic Movement (PDM), Maulana Fazlur Rehman, denounced the bill on Tuesday, claiming that it violates the Sunnah and the principles of the Holy Quran. He continued by saying he would make changes to some of its “objectionable features.
Comment of the Minister of Law!
Azam Nazeer Tarar, the minister of law, dismissed criticism of the Transgender Persons (Protection of Rights) Act on Thursday. it’s claiming that “certain friends” had spread false information that the bill had made homosexuality legal and was against Islamic edicts.
In order to provide legal recognition to transgender people and guarantee that discrimination against them in all spheres of life would be criminalized, the National Assembly passed the Transgender Persons (Protection of Rights) Act in 2018.
The Supreme Court’s decision on September 25, 2012, that eunuchs were entitled to all of the rights protected by the Constitution and enjoyed by other members of society led to the creation of the statute.
Recent opposition to the law came from several social groups. JUI-F leader Maulana Fazlur Rehman said that the organization was against Islamic edicts at a news conference on Wednesday.
“Our team is working diligently on a draft that will be presented to the assembly shortly. No law that violates the spirit of the Quran and the Sunnah will be permitted to be enacted because the parliament is not authorized to approve legislation that does so.
The transgender community is under threat in Pakistan:
Islamabad: According to media sources, Pakistan has seen an increase in violence against the transgender population, showing that the group is not safe there. Out of more than 200 million people, there are 10,418 transgender persons in Pakistan, according to Islam Khabar. In Pakistan, where they have been considered less-than-human and violence against them persist, transgender people continue to have miserable lives.
On September 11, an unidentified shooter assaulted a car in Rawalpindi, injuring three transgender people inside as well as the driver. A transgender man named Majid was fatally stabbed earlier on September 1 in Karachi, the capital of Sindh, in the Shershah neighborhood, by unidentified assailants. Amir Masih, a transgender person, was stabbed to death on July 1 in Rawalpindi within the purview of Race Course police.
According to Islam Khabar, on March 25, a transgender man named Sadiq was shot dead. Another named Salman was wounded when unidentified motorcycle riders opened fire on their automobile in broad daylight next to the Museum building on the Mardan-Charsadda road in Mardan, Khyber Pakhtunkhwa. On March 13, a guy targeted five trans women at their
residence in Mansehra, Khyber Pakhtunkhwa, and shoot randomly at them, leaving them all with serious wounds. According to the magazine, Sumire, one of the victims, died as a result of her wounds.
Transgender rights protection parties and their works:
Anti-discrimination and anti-harassment legislation that recognizes transgender people as legal individuals has sparked a fresh discussion in the traditionally conservative South Asian nation where homosexuality is illegal.
A citizen’s right to self-identify as male, female, or a combination of the two genders is guaranteed by the Transgender Persons (Protection of Rights) Act of 2018, as is the right to have their identity officially registered on all official documents, such as passports, national identification cards, driving licenses, and academic transcripts.
In spite of the fact that the legislation was approved by parliament in May 2018, recent weeks have seen a resurgence of social media disputes around a particular provision that states that “a transgender person should have a right to be recognized as per his -or her self-perceived gender identity.”-
In 2012, the Pakistani Supreme Court rendered a significant decision pertaining to the rights of the transgender population. This decision was very important because it addressed the prejudice that transgender people faced and recognized the suffering of the community. The basis of this issue was that transgender people were denied access to national identity cards, which prevented them from exercising any of their basic rights while acting in the position of “citizens” of Pakistan.
Although NADRA established the official position that many transgender people had unknown paternity, they could not be provided national identification cards, the fundamental reason for this discriminatory treatment was the underlying prejudices present in society. The Supreme Court formally ruled that transgender people belonged to the third gender and were “equal” Pakistani citizens. They thus had the right to exercise all basic rights. The Court also ordered NADRA to ensure that the transgender community had national identification cards so that others knew about their situation.
From the above discussion, we can conclude that the new transgender bill in Pakistan has been passed and the main purpose of this law is to stop discrimination against transgenders. This law is designed to give transgender opportunities to express themselves and live a satisfactory life being human. article 25 of the constitution of Pakistan gives basic rights of liberty to every citizen.