Islamabad Federal Shariat Court Acting Chief Justice Syed Muhammad Anwar and Justice Khadim Hussain rendered the decision that Sections 2 and 3 of the Transgender Act 2018 violate Islamic tenets while Section 2(n) of the Transgender Act does not.
As per the verdict, Islamic doctrine forbids people from changing their gender at their own discretion. The judgment additionally affirmed that a person's gender must stay the same as that which was given to them at birth.
Following the decision, the court made it clear that transgender people cannot change their gender or self-identify as either male or female. Additionally, the government was instructed to grant transgender people access to financial, educational, and medical resources in recognition of their constitutionally guaranteed rights.
According to the Federal Shariat Court, transgender people’s ideas and their associated rules are recognized by Islam, making them deserving of all fundamental rights guaranteed by the Constitution.
The court emphasized that Islam grants transgender people full human rights as well as fundamental freedoms.
In addition, the court decided that physical traits rather than subjective sentiments should be used to determine gender.
According to the ruling, a person is classified as male if they exhibit more masculine traits than female ones. The court also emphasized how gender differences exist in customs like prayer, fasting, and Hajj.
In accordance with its judgment, the Federal Shariat Court emphasized that gender cannot be purely based on feelings.
On March 16, the Council of Islamic Ideology (CII) declared ‘self-perceived identity’ as un-Islamic, as it reviewed the transgender rights act and the rules governing it.
According to the council, several provisions and clauses of the rules framed were not compatible with Sharia.
Expressing concerns on the increasing social and legal issues for the intersex and transgenders, the body called for their swift resolution.
The CII also examined the amendment bills presented by Senator Mohsin Aziz, Senator Mushtaq Ahmed, and Senator Maulana Abdul Ghafoor Haideri and proposed amendments to them.