ISLAMABAD: The Federal Shariat Court (FSC) on Friday ruled that sections II and III of the Transgender Act 2018 were against Islamic teachings.
Acting Chief Justice Syed Muhammad Anwar and Justice Khadim Hussain delivered the ruling, declaring the two clauses against Islamic teachings, while it said that Section II (n) of the Act was not contrary to Sharia.
The FSC said that as per Islamabad High Court (IHC) verdict, Islamic teachings do not allow people to change their gender at their own will. The ruling further maintained that a person’s gender shall remain the same as assigned at birth.
The court stated that Khawaja Sira (transgender) cannot change their gender or identify themselves as female or male. The court also directed the government to provide educational, medical, and financial facilities to transgenders, acknowledging their rights provided in the constitution.
The FSC affirmed that Islam recognised the concept of transgender and its related laws, ensuring that they fully deserve all fundamental rights given in the constitution.
‘Islam provides all human rights to transgenders’
The court emphasised that Islam provides all human rights to transgender individuals, while also giving them basic rights.
Moreover, the court stated that gender determination should not be based on personal feelings but on dominant physical characteristics.
According to the ruling, if male characteristics predominate in an individual, he shall be considered male. The court also underlined that practices such as fasting, prayer, and Hajj were gender-based.
In line with its verdict, the court emphasised that gender cannot be determined based on feelings only.
