FSC declares sections 3 & 7 & two sub-sections of section 2 of the Transgender Persons (Protection of Rights) Act, 2018, as un-Islamic.

ISLAMABAD -- The Federal Shariat Court (FSC) declared un-Islamic on Friday sections 3 and 7 and two sub-sections of section 2 of the Transgender Persons (Protection of Rights) Act, 2018.

Five years after the bill was passed, the FSC rolled back key provisions granting rights to Pakistan's transgender community.

Some right-wing political parties had previously voiced their concerns over the bill as a promoter of 'homosexuality' and leading to 'new social problems'

"We declare Section 2(f) containing definition of 'gender identity', Section 2(n)(iii), Section 3 and Section 7 of the impugned Act, titled, 'The Transgender Persons (Protection of Rights) Act, 2018' as against the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH) and will cease to have any legal effect immediately," stated the verdict.

Two-member bench of the FSC headed by Acting Chief Federal Shariat Court Justice Syed Muhammad Anwar and comprising Justice Khadim Hussain delivered the judgment on a set of petitions challenging the law on Friday.

The nullified sections are:

2(f) Gender identity" means a person's innermost and individual sense of self as male, female or a blend of both or neither that can correspond or not to the sex assigned at birth;

Section 2(n)(iii) a transgender man, transgender woman, Khawaja Sira or any person whose gender identity or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth;

And Section 3 and Section 7 that deal with the recognition of identity of transgender person and the right to inherit, respectively.

"According to the Injunction of Islam as laid down in the Quran and Sunnah all the legal shares of inheritance are to be divided among the legal heirs of the deceased on the basis of their biological sex," the court ruled.

"The use of term 'transgender' for gender identity on the basis of self-perceived identity, which is contrary to the biological sex of the person, is also against the injunctions of Islam," it added.

"Islamic injunctions do recognize the existence of eunuch persons, who are called Khasi in Arabic as well as in Urdu (they are also called Khawaja Sira).

"Eunuchs are considered as male person with serious and permanent sexual infirmity in their male sexual organs. They also fall in the category of special persons and deserve special attention of the society and the State.

"Hence, Section 2(n)(ii) of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT