Can transgender marry? ‘Yes,’ says new Fatwa

Published: June 27, 2016
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Mufti Imran says transman can marry transwoman but not transman. PHOTO: REUTERS

Mufti Imran says transman can marry transwoman but not transman. PHOTO: REUTERS

LAHORE: An Islamic scholar belonging to the Barelvi school of thought issued a religious decree (fatwa) on Sunday, stating that Islam allows transgender men to marry transgender women.

“A transman can marry a transwoman and vice versa, but intersex person – people born with physical sex characteristics that do not fit typical binary notions of male or female bodies – cannot marry at all according to Islam,” stated Mufti Muhammad Imran Hanfi Qadri in a fatwa which was issued on the request of Chairman of Tanzim Ittehade Ummat Pakistan Muhammad Ziaul Haq Naqashbandi.

No practical rights for the transgender in Pakistan

A transgender, declared female at birth but whose gender identity transitions to that of a man can marry a male or with a transgender who is declared male at birth but his gender identity transitions over time to that of a female.

Mufti Imran said the same Islamic rule will be applicable on a transgender, who is declared male at birth but his gender identity transitions to that of a female, can marry a female or with a transgender who is declared female at birth who transitions over time into a male.

He, however, declared that an intersex person, called Khunsa-e-Mushkil in Islamic Sharia, cannot marry at all according to Islam.

Islam, Mufti Imran said, also prescribed their share in inheritance. The parents who expel their transgender children from house or deprive them of their due share in inheritance commit a sin. He urged the government to take action against such parents.

According to him, making fun of a transgender, even by way of hooting, considering them inferior and insulting them is forbidden. “They are also created by Allah Almighty.”

Transgender shot multiple times in Mansehra for ‘refusing sex’

Citing page 174, volume 9 of Fatawa Rizvia authored by Ahmed Raza Khan Barelvi, Mufti Imran said funeral prayers for a Muslim transgender would be offered like other Muslim men and women.

He also warned all transgender persons to abide by the tenets of Islam in the same way as all male and female Muslims. He said prayers, fasting, zakat and Hajj are obligatory on them too.

Mufti Imran said the government was duty-bound to ensure provision of rights of transgender by introducing proper legislation in this regard in consultation with religious scholars eliminating negative thinking against transgender.

Published in The Express Tribune, June 27th, 2016.

 

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Reader Comments (14)

  • Sarfaraz A.
    Jun 27, 2016 - 5:54AM

    Good!Recommend

  • Babbarsher Khan
    Jun 27, 2016 - 7:33AM

    Why do we need the Constitution at all? Let’s do away with this last vestige of civilized state operation and make CII all powerful and let it guide the operation of our state, diplomacy and defence services as per the fatwas of bearded “wise men” who are scared of no one except women. Recommend

  • Nasir Khan
    Jun 27, 2016 - 8:57AM

    Mufti Sb please spend your time on issues that actually matter such as imparting scientific and engineering education, improving economy and healthcare. Stop wasting your time on such issues. Anybody should be able to marry anyone (provided they are over 18 years of age).Recommend

  • Jun 27, 2016 - 10:08AM

    @Nasir Khan: Well said, Sir! This more than shows the interest and inclination of our so-called wise men of the day.
    No pro bono publico activities, no schools, colleges, vocational centers, clinics, hospitals, or food or health cards, etc. But frivolous issues aplenty like inter-faith and inter-sect rivalry galore. Why, they can easily take-up civic issues with PPP and do some road cleaning including garbage collection and repair of broken fire-fighting vehicles. Salams Recommend

  • Jun 27, 2016 - 10:46AM

    Neither religion or the state have the right to control love between to consenting adults.Recommend

  • jagmohan
    Jun 27, 2016 - 11:23AM

    Fatwa on transgenders….is it pressing need of the muslim brotherhood ?Even if it is
    perceived as remote need…..is it possible to implement it ?Who will certify whether
    a particular transgender was male or female at birth and in due course things develop
    opposite,seems to be a joint exercise by gynaecologists as well as of quazi/maulvi
    before nuptial tie-up[quabool].Besides there would be intricate questions of divorce,
    inheritance and meher etc.Best course is not only ignore the fatwa but also take to
    task the fatwa giver in Shariat or regular law court.It will uphold importance of Shariat,too.Recommend

  • Last Man Alive
    Jun 27, 2016 - 11:26AM

    Better respect transgenders as human being guys because

    two little snips and you may find yourself

    laughing and clapping among them.Recommend

  • Unknown
    Jun 27, 2016 - 11:31AM

    @Nasir Khan:

    So basic human rights is not an issue at all for your? Education comes after necessities and you people have deprive transgenders of their basic rights for long. I can see the pain you are feeling by this news Recommend

  • Acorn Guts
    Jun 27, 2016 - 12:30PM

    I request naysayers not to take this literally please. It might not have any benefits for you but this has huge significance for our transgender society. They’ve been struggling to get recognition for ages and I for one am really happy that they are finally being recognised as human beings and are being given their rights that they so deserve.

    Yes, two consenting adults don’t need such rulings but in our society you do need these formal recognition from the clergy to survive.Recommend

  • kilo
    Jun 27, 2016 - 3:01PM

    Good, very good… now to set example good muftees and molvies should publically solemnize nikkah with transgender. This will raiser status of transgender in the society and will encourage other good men and women to do the same and to eliminate negative thinking about transgender. Recommend

  • Haji Atiya
    Jun 27, 2016 - 6:18PM

    But can a Transman marry up to 4 Transwomen ? Recommend

  • truthbetold
    Jun 28, 2016 - 11:30AM

    @Babbarsher Khan:

    “Why do we need the Constitution at all?”

    A true Muslim doesn’t need any constitution created by man. He just needs to follow Allah’s laws and orders without question.Recommend

  • sea
    Jun 28, 2016 - 5:56PM

    A good step indeed govt should also do the Legislation for transgender marriage Recommend

  • Justice
    Jun 28, 2016 - 6:54PM

    They should also legalize Gay Marriage like Transgender Marriage.Recommend

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