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Male or Female Transgender? A Significant Sharia Court Decision.

Mehjabeen Qasimby Mehjabeen Qasim
May 19, 2023
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The Federal Shariah Court of Pakistan issued a decision on a petition filed regarding the gender of transgender people in the country, ruling that transgender people cannot call themselves male or female based on personal perceptions, nor can transgender people change their gender in official documents.

A two-member bench of the Federal Sharia Court, consisting of Acting Chief Justice Syed Muhammad Anwar and Justice Khadim Hussain, issued a safe decision on the petitions filed against the Transgender Act amendments, ruling that a man who is influenced by a man should be considered a transgender will.

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It should be noted that, in addition to the Jamaat Ulema-e-Islam Fazlur Rehman group, more than a dozen petitioners filed petitions in the Federal Sharia Court against this act passed by Parliament.

In light of the Act, the court also suspended the National Database Registration Authority’s rules.

Kamran Murtaza, a lawyer who followed the Jamaat Ulema-e-Islam’s petition, told the BBC that his objection to the act was that sex is determined by nature, not by human intervention. could perform

He stated that while arguing in favor of this petition, it was argued that gender cannot be changed based on feelings alone. He stated that the court agreed with him that the gender would remain the same as it was at the time of birth.

According to Kamran Murtaza, his party’s position was that the act passed by the parliament violated the rights granted to transgender people in Islam, so they challenged it in Sharia court.

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