New Fatwa says transgender marry

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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.

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.”

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.

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