The compatibility of the Transgender Rights Act 2018 and Islamic injunctions is a core topic of discussion nowadays from the parliament to social media in the country. This law created a turning point in the history of the rights of such individuals whose biological-sexual identification is in doubt.
Transgenders Rights Act was passed in 2018 with the support of major parties in the country, in the name of protecting the equal rights of transgender people. Since Jamaat-e-Islami’s Mushtaq Ahmad Khan presented the amendment bill concerning this Act the like-minded people who are against the provisions of this law are criticizing it. Moreover, according to them, this act is against the teachings of the Holy Quran and the Sunnah therefore the matter is currently in Federal Shariat Court through a writ petition of Mushtaq Ahmad Khan.
Transgenders are always deprived of basic rights of life, like other people they never got equal status in their social and personal lives. But After the passing of The Transgender Rights Act 2018, they got much of their fundamental rights but still, tolerate at many stages of life. Along with the protector of rights of transgenders this act is also criticized recently by the majority of people.
Pakistan being an “Islamic Republic” is also a democratic state which protects the fundamental rights of every individual. On one hand, everyone is protected with equal rights and on the other, everything runs in accordance with the Holy Quran and Sunnah. Similarly, equal rights of “Transgenders” in society are also prominent, which is already in practice as per “Transgenders Rights Act 2018”.
However, there are several questions about the compatibility of the provisions of this Act and Islam. For instance, the definition of transgender is defined as, a Transgender Man, Transgender Woman, Khawajasira, or any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth. So, doesn’t it promote Homosexuality which is strictly prohibited in Islam?
This self-declaration as a man or woman is basically a trend in western countries and is common over there therefore, Senator Mushtaq Ahmad also called it a western cultural practice in an interview. The amendment presented by him in the senate contains a point that there must be a board for a person who claims that he or she is transgender after his birth.
Apart from this, the former Human Rights minister Shireen Mazari, said that everyoneshould have the right to their gender identity without any medical inquiry. Is this protection of the rights of transgenders or promoting western culture in the name of Human Rights?
So to conclude, every person is entitled to equal rights and dignity as per the constitution of Pakistan. But obedience to Islamic teaching is also mandatory. Therefore the amendment in the transgender act is essential in order to avoid the adoption of western culture as this thing is very common in western countries.
Indeed, every responsible citizen would like to promote human rights in society, so that these individuals can spend their lives ordinarily and not by tolerating the sayings of people in the streets.
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