Rights of Transgender in Islam and Contemporary Practices in Pakistan: An Analytical Study

Abstract

This study focuses on the problems, issues, challenges, and rights of transgender people in Pakistan. Besides, it investigates the rights of transgender people from Islamic perspective. It is concluded from a thorough review of the literature regarding transgender that there are various terms used for the representation of this community, such as intersex, khunthā, mukhannath, eunuch, cross-dresser, mamsūh, transsexual, transvestite, mutarajjul, khunthā mushkil, khusrā, khwajāh sarā, mūrat, hijra, chella, zanānah, zankha, and third gender. However, it is revealed from a scientific critical study of these terms that they are not referring to one person. There are lots of social, cultural, legal, and medical differences among them. Furthermore, the aforesaid terms are examined from Islamic perspective and concluded that classical Islamic literature cited the provisions of intersex and discouraged transgenderism, but it does not mean that Islam deprssives someone of his/her fundamental rights. Therefore, the study highlighted the rights of transgender people in Islamic law and the Pakistani constitution. It is concluded that both Islamic and national law ensure the fundamental rights to every citizen, however, due to the social and cultural obstacles transgender (intersex) community is not availing their fundamental rights: education, health, shelter, and employment like regular community. The reasons behind deprivation are also discussed such as their exclusion from their families, the inclusion of phony people to this community due to poverty and unemployment, sex business, or other social glitches, lack of awareness regarding the aforementioned community and the lack of law enforcement, etc. The study suggested the solutions to their problems on local, national and international levels by legal inclusion, legal support, launching awareness programs on print, electronic, and social media, facilitating them in the healthcare department, ensuring their education, employment, and shelter. Consequently, it will help in the creation of a more just and equitable society for all, regardless of gender identity. The study followed a qualitative and analytical approach in the analysis of data.