Examining the Federal Shariat Court's Ruling on Transgender Rights: A Perspective on Islam and Inclusion
On May 19, a significant ruling by the Federal Shariat Court (FSC) declared certain provisions of the Transgender Persons (Protection of Rights) Act, 2018, incompatible with Islamic principles. This decision has raised concerns about the protection of marginalized individuals within our society. Unless appealed before the Supreme Court, the FSC's ruling will take effect in six months, potentially impacting the rights of transgender persons. In its ruling, the FSC argued that the 2018 Act's definition of "transgender persons" encompasses a diverse range of identities, each with distinct physical characteristics and varying statuses in Islam. Specifically, the FSC asserted that Section 3 of the Act, which recognizes the right of transgender persons to their self-perceived gender identity, contradicts Islamic teachings. Furthermore, the FSC deemed the "voluntary change of sex" based on self-perceived gender identity as contrary to Islam. However, it is importan...