Transgender Individuals and the Legal and Shar‘i Ruling on Marriage
❖ The Confusion Among Desi Liberals
Desi liberals have found themselves trapped in a peculiar contradiction. On one hand, they claim that the Transgender Persons (Protection of Rights) Act will not pave the way for homosexuality. However, when asked a simple question—if a person is biologically male but perceives themselves as a female and NADRA recognizes them as a “transgender woman,” then will this individual marry a man or a woman?—they respond evasively, saying that the law does not address marriage at all.
❖ Will Transgender Individuals Not Marry?
If the law indeed omits any reference to marriage, does that imply that transgender individuals are expected never to marry? Would this not constitute yet another form of injustice towards them? Or will they marry in the future—and if so, whom will they marry?
Rather than providing a clear answer to these fundamental questions, an effort is made to evade them entirely.
❖ Islamic Shari‘ah and the Marriage of Khuntha Individuals
In Islamic Shari‘ah, the concept of marriage for Khuntha (intersex) individuals is well established. This is because a Khuntha is not considered a permanent or independent gender, but rather is categorized as male or female based on dominant physical characteristics or reproductive organs.
Once it is determined whether a particular Khuntha will be subject to the rulings applicable to a male or a female, their marriage will follow that determination:
✔ If categorized under female rulings, then their marriage will be to a man.
✔ If categorized under male rulings, then their marriage will be to a woman.
This principle applies only to a “Khuntha Ghayr Mushkil” (non-ambiguous intersex).
If the person is a “Khuntha Mushkil”, meaning that their gender identity cannot be clearly established, then marriage is not permitted until the ambiguity is resolved, because allowing it may lead to homosexuality, which is clearly impermissible.
❖ Transgender Identity and the Matter of Marriage
It must be clearly understood that the above-mentioned rulings apply specifically to intersex individuals, not to those who identify as transgender.
So, does this mean that transgender individuals will never marry? If they do marry, then whom will they marry?
❖ Do Transgender Individuals Lose Sexual Desire?
◈ If the answer is no, then why are they being given training in “safe sexual practices”?
◈ If a person is biologically male but identifies as a female and is recognized by NADRA as a “transgender woman,” then whom will they marry?
◈ Similarly, if a person is biologically female but identifies as male and is recognized as a “transgender man,” then how will their marriage be conducted?
These are foundational questions that continue to be ignored rather than answered.
❖ Conclusion
In truth, the supporters of this law have placed the nation in a state of confusion. Instead of providing clear and direct answers, they attempt to deflect and distort the discussion, leaving the public uncertain and misinformed.
