At the 4th Asma Jahangir Conference held in Lahore recently, we discussed the rights of transgender persons, laws related to their rights and problems faced by them in order to find a solution. In my opinion, proper rather best solution to transgender issue lies hidden in the scientific and biological basis of this issue although apparently it seems to have social or legal aspects only.
We can find better than the best solution to this problem if we try to understand this issue in the light of opinions of concerned specialists. Because Nature created humans as men and women. The terms like Khawaja Sara, Mukhannas or transgender were coined by society for those people in whom, by some quirk of Nature, the X and Y chromosomes of their DNA could not express their morphological features. But the terms we sculptured have no room in medical science because modern genetics has already accomplished detailed study of these chromosomes (X and Y) present in the human DNA on the basis of which male or female gender of a person is decided.
If anyone is doubtful about this issue then an international medical commission under the auspices of the WHO may suggest a better title for such persons who have failed to express physical features corresponding to these chromosomes. In my opinion the gender of such persons with ambiguous male or female characteristics should be decided on the basis of presence or absence of ‘Y’ chromosome. The persons with ambiguous gender who possess Y chromosome in their DNA should be named ‘genetic male’ and be raised as male. Whereas the persons with ambiguous gender who do not possess Y chromosome should be declared ‘genetic female’ and she should be given a respectable status in society as such.
I am of the opinion that this is what Nature desires us to do. Because if we would try to develop a system to educate and groom any one (especially children) contrary to what one possesses in ones hidden chromosomes, it would be wrong, not only for them but also for society, just like the permission to allow them to smoke and take carbonated drinks in pursuance of their unchecked thoughts and company.
Right and wrong patterns of thoughts, inclinations and social behaviour were recognised regarding violence, terrorism, smoking and use of carbonated drinks in educational institutions in lieu of health issues of children; and in order to change them or make them better, practical steps have been taken besides making laws.
It is evident that all the above mentioned as well as other examples are our successful endeavours with reference to recognising, influencing and changing the wrong perceptions in society. The aforementioned paradigm will raise few important questions for us whenever we discuss this topic, as follows:
What can possibly hinder such recognition and resolution of wrongs prevalent in the sexual inclinations, relations and issues? Alternatively, can this be the reason that for unknown and unavoidable reasons we do not want to know the wrongs prevalent in such matters? Should we not decide as to which pattern of sexual and emotional thoughts, inclinations and behaviours is right and which one is wrong? Moreover in such matters why and how can the right of judgement (right and wrong) be given to the interested person or party? And would it be right to label as Khawaja Sara, Mukhannas or transgender those men and women who have lost their male or female sexual features or emotions as a result of either disease treatment or surgery, or would they like to be called so?
In continuance of the above, in our own society, if we prefer to seek guidance from our Deen and Shariah then very clear Instructions have been given by the Holy Prophet (PBUH).
There is one Hadith cited by Hazrat Umm-e-Salma (RA) and two by Hazrat Ibn-e-Abbas (RA) whereby such transgender were banned from entering the houses of the wives of the Holy Prophet (peace be upon him), on the instructions of the Holy Prophet (PBUH), who showed interest in female folks just like men.
Published in The Express Tribune, November 3rd, 2022.
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