Transgender Rights in the Light of Shariah and Reality❖ Transgender Act and the Truth
Some individuals promote the propaganda that critics of the Transgender Act do not acknowledge the rights of transgender persons. Therefore, it is essential to clarify a few foundational points:
① Difference Between Khuntha (Intersex) and Transgender
- Khuntha and transgender are not the same, but rather two entirely distinct concepts.
- A Khuntha is someone whose biological or internal reproductive system makes gender identification difficult.
- According to Shariah, a Khuntha is identified either as male or female, and once the gender is determined, they are entitled to all corresponding Islamic rights, such as marriage, inheritance, and other social responsibilities.
- If medical treatment is needed for a Khuntha, Shariah grants the right to treatment so they can live a dignified life.
② Transgender: A Distinct Concept
- A transgender person is someone who, despite their physical gender, identifies psychologically or for other reasons as a different gender.
- This is a psychological issue, not a physical one, even if the Western world has removed it from the list of mental illnesses.
- Such individuals are entitled to the same rights granted to other patients of psychological disorders, such as treatment and care.
③ Principles of Treatment and Protection
- Since this is a mental disorder and may be socially contagious, these individuals should be placed in special mental health facilities to prevent influence on others.
- No violence or abuse is to be employed during treatment, but they should be treated as patients, similar to others with psychological conditions.
- During treatment, the use of medication, injections, or specific exercises is not to be considered torture.
④ Strictness Against Deceivers
- Some people are not actually mentally ill, but deliberately identify as transgender to promote or engage in sexual deviance.
- Such individuals must be legally monitored, especially those who encourage others toward this behavior.
- Those actively spreading this behavior should face strict legal action to prevent societal corruption.
⑤ Rights of the Accused and the Guilty
- Individuals cannot be allowed to change their gender at will.
- If someone is accused of fraudulently identifying as transgender for personal gain, they will be granted the rights of an accused, including:
- The right to defend themselves
- Access to legal procedures
- Rules of evidence and fair hearing
- If the accusation is proven, they will be granted the rights of a convict, such as:
➊ Punishment after proof of guilt, but without unnecessary cruelty
➋ No repeated punishment for the same offense, unless the offense is repeated deliberately
➌ Provision of basic needs like food, drink, and health during the punishment
➍ After serving the sentence, they should not be subjected to ongoing humiliation
❖ Summary
- The full Islamic rights of Khuntha are recognized, as once gender is determined, they are treated as either male or female.
- For transgender individuals, three categories of rights are acknowledged:
➊ If they truly suffer from a mental disorder, they will be granted patients’ rights, including treatment and protection
➋ If they falsely present themselves as ill, they will be treated as accused, and allowed to defend themselves in court
➌ If they are proven guilty, they will be dealt with as convicts, with fair punishment and humane treatment
❖ Conclusion
To say that critics of the Transgender Act oppose the rights of transgender individuals is merely propaganda. The truth is, we acknowledge all their rights within the framework of Shariah and the law, but we cannot accept falsehood as truth.
