Shariat Court strikes down three sections of Transgender Act 2018

The Federal Shariat Court Islamabad on Friday ruled that the sections 2(f), 3 and 7 of the Transgender Act 2018 are against Islamic teachings.

According to the details, the acting Chief Justice Syed Muhammad Anwar and Justice Khadim Hussain of the Federal Shariat Court Islamabad delivered the verdict that sections 2(f), 3 and 7 of the Transgender Act 2018 are against Islamic teachings, while Section 2(n) of the Transgender Act is not contrary to Sharia.

As per sharia court verdict, the Islamic teachings do not allow individuals to change their gender at their own will. The verdict further maintained that an individual’s gender shall remain the same as assigned at birth.

Meanwhile, Section 7, in particular, has been deemed unlawful as it allowed individuals to determine their gender for the purpose of inheritance. The court emphasized that inheritance should strictly align with a person’s biological sex.

Furthermore, the court declared it illegitimate for individuals, regardless of their gender, to identify themselves as Khawajasira, if they deviate from their biological sex.

In light of the ruling, the court explicitly stated that Khawajasira cannot change their gender or identify themselves as male or female. The government was also directed to provide medical, educational, and financial facilities to Khawajasira, acknowledging their rights as per the Constitution.

The Federal Shariat Court has affirmed that Islam recognizes the concept of Khawajasira and its related laws, ensuring that they deserve all fundamental rights enshrined in the Constitution.

The court emphasized that Islam provides all human rights to Khawajasira individuals, while also granting them basic rights.

Furthermore, the court ruled that gender determination should be based on dominant physical characteristics, rather than personal feelings.

According to the verdict, if male characteristics predominate, the individual shall be considered male. The court also highlighted that practices such as prayer, fasting, and Hajj are gender-based.

In line with its ruling, the Federal Shariat Court emphasized that gender cannot be determined solely based on feelings.