It has been reported that a group of Pakistani clerics have declared that marriage between transgender persons is permitted in Islam and that also have the right to a ceremonial Muslim burial. This is according to Reuters News Agency who say they obtained a copy of the religious edict today.
Tanzeem Ittehad-i-Ummat Pakistan, a lesser-known cleric faction in the city of Lahore, stated in their fatwa that transgender individuals also have full rights in relation to the inheritance law in Islam.
The document, which carried the signatures of 50 clerics and was released on Sunday, states that it’s permissible for a transgender person who bears indications that they are male to engage in marriage with a transgender person who bears indications of being a woman. It is also permitted for straight men and women to marry a transgender as they have these clear indications of their sex. What it doesn’t tell us, however, is what these indications actually are.
This leads us to speculate whether this fatwa can become a basis for the legal recognition of transgender marriages in Pakistan.
Back in 2012, the Pakistan Supreme Court declared that transgender citizens would get equal rights, including inheritance rights to assets and property, and a year earlier they had been given the right to vote.
The marriage laws in Pakistan remain murky however, as homosexual couple aren’t allowed to marry and male homosexuals have been charged in the past under the anti-sodomy laws. The fatwa on Sunday did declare that any marriage where one of the person possessed both female and male ‘indications’ was against the Islamic principles.
Constantly shunned by society, the transgenders who live in Pakistan and make up a proportion of the 190m population are very often forced into prostitution, dancing or begging in order make a living. Only last month 23 year old transgender female Alisha died after she was shot but refused treatment from Peshawars biggest public sector hospital. Her death sparked much debate over transgender rights and the inquiry reached the conclusion that the hospitals senior doctors were guilty of criminal negligence and recommendations were made that criminal charges were brought against them.
Whilst this fatwa from the clerics in Lahore isn’t legally binding, it recommends that the harassment of transgender citizen is actually a crime under Islam. It stated that making noises, making fun of or teasing transgender people, or teasing them and considering them to be inferior was against the sharia law as this amounted to raising objections against a creation of Allah, and this is not correct.
Update 2024:
Legally, Pakistan has made some strides in recognising the rights of transgender individuals. The Transgender Persons (Protection of Rights) Act, 2018, was a significant legislative step that aimed to safeguard the rights of transgender people, including the right to self-identify their gender, non-discrimination in employment and education, and access to healthcare. However, this Act has faced recent challenges. The Federal Shariat Court of Pakistan ruled that several sections of the Act, including those related to gender identity and inheritance rights, do not conform with Islamic principles, thereby curtailing some of these protections (Amnesty International) (Amnesty International).
On the religious front, there has been some progress as well. A fatwa issued by Tanzim Ittehade-i-Ummat Pakistan in 2016 declared that it is permissible for transgender individuals to marry, provided they exhibit clear male or female physical characteristics. This decree, while progressive, only applies to transgender individuals and does not extend to intersex persons or those with non-binary identities. This fatwa suggests a nuanced acceptance of transgender rights within the framework of Islamic law, although it lacks the force of statutory law unless adopted by the government (The News) (Global Citizen).
Despite these advancements, transgender individuals in Pakistan continue to face significant societal discrimination and violence. High-profile incidents, such as the death of Alisha, a transgender activist who was denied medical treatment, underscore the pervasive stigma and institutional neglect that transgender people endure.
In conclusion, while there are some religious and legal provisions that could theoretically support transgender marriage in Pakistan, the actual realisation of this right is hindered by societal prejudices, legal ambiguities, and recent judicial setbacks. Continued advocacy and legislative reform will be essential to overcome these barriers and make transgender marriage a reality in Pakistan.
