Federal Shariat Court Ruling on Transgender Rights Sparks Debate

ISLAMABAD: On Friday, the Federal Shariat Court in Pakistan issued a ruling stating that transgender individuals cannot choose their gender identity and refer to themselves as men or women according to their own preferences.

The verdict was announced by a bench led by interim chief justice Syed Muhammad Anwar and Justice Khadim Hussain in response to petitions filed against the Transgender Persons (Protection of Rights) Act, 2018, which was approved by the National Assembly.

The Transgender Persons (Protection of Rights) Act was enacted to grant equal rights to transgender individuals in Pakistan and protect their rights through legal recognition. 

Under the act, transgender people had the right to self-identify their gender and make changes to their gender identity on previously issued government documents.

However, opponents of the act, including the JUI-F and others, challenged it in the shariah court, arguing that it contradicted Islamic law (Shariat). They claimed that no law can be enacted in the country that goes against the Quran and Sunnah.

In its ruling, the Shariah court bench declared that Section 2, 3, and 7 of the act were inconsistent with Islamic teachings. The court emphasized that transgender status cannot be determined solely based on physical characteristics and self-identity.

Concluding the petitions against the act, the court directed the government to ensure the provision of all rights to transgender individuals.

The ruling has sparked a debate in Pakistan, with some people supporting the court's decision and others criticizing it. Those who support the ruling argue that it is in line with Islamic teachings and that it will help to protect the rights of transgender individuals.

Those who criticize the ruling argue that it is discriminatory and that it will further marginalize transgender people.

The ruling is a significant setback for transgender rights in Pakistan. It is unclear what the implications of the ruling will be for transgender individuals, but it is likely to lead to further discrimination and violence against them.

It is important to note that the ruling is not final and that it could be appealed to the Supreme Court. If the ruling is upheld, it could have a major impact on the lives of transgender people in Pakistan.

The ruling is a reminder of the challenges that transgender people face in Pakistan. They continue to be marginalized and discriminated against, and they lack access to basic rights and services.

The ruling is a setback for their rights, but it is important to continue to fight for their equality and inclusion.