The Federal Shariat Court has declared all the rules formed under the Transgender Act un-Islamic. It also clarified that a gender remains the same as it is at the time of birth, adding no one can change their gender at will.
Prayer, fasting, Hajj are among several acts related to gender, the court ruled. Islam has provided all basic rights to transgenders, while a share in inheritance is also given according to gender.
The FSC pronounced its verdict reserved on the petitions filed against the Transgender Persons (Protection of Riqhts) Act, 2018.
The court ruled that a person cannot change their gender at will. Gender can remain the same as it is assigned at the time of birth, it added.
Declaring Section 3 of the Act null and void, it has clarified that the Shariah law does not allow anyone to change their gender, it remains the same that is assigned at birth.
The gender of transgender persons will be determined on the predominance of physical influences, not based on their feelings and emotions. Section 2F on gender identity and reassignment has also been struck down.
According to the ruling, it will be un-Islamic if a man or woman calls themselves a transgender disregarding their biological gender.
The Federal Sharia Court also declared Section 7 of the Transgender Act null and void. Under this section, anyone could choose their gender at their will and seek their share in inheritance.
The petitioner, Jamaat-e-Islami, while appreciating the decision has also made an important demand from the government.
Senator Mushtaq Ahmed of the JI said today, the court has given a right decision on their petitions.
“If the provision of a person changing their gender to claim inheritance was not declared un-Islamic, it would have created chaos. I request the government to accept my amendment against declaring the Federal Shariat Court ineffective,” he asked.
According to the decision of the FSC, the transgenders are entitled to all the fundamental rights that are enshrined in the Constitution. Many acts of worship, including prayer, fasting and Hajj, are also related to gender.
