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Tuesday, April 16, 2024

Transgender Law Declared Un-Islamic by Pakistan’s Highest Religious Body

The Council of Islamic Ideology (CII) declared on Tuesday that the Transgender Persons (Protection of Rights) (Amendment) Bill, 2022 is not Islamic and does not follow Sharia.

The country’s main religious organization claimed in a statement that certain provisions of the Transgender Act 2018 are in conflict with Islamic teachings and may worsen the nation’s socioeconomic issues. The CII requested that a committee study the transgender law from the federal government and discussed adding legal and religious experts to the committee.

Pakistan’s CII is a constitutional organization tasked with advising the government and Parliament on legal matters relating to Islam. The Council of Islamic Ideology (CII) received draught modifications to the Transgender Persons Act last week from the Senate’s human rights committee.

The Council of Islamic Ideology (CII) received the proposed changes that Senator Mushtaq Ahmed Khan of Jamaat-e-Islami (JI) presented to the Senate committee on human rights. According to the Senate Standing Committee on Human Rights, the CII was asked for a comment on the proposed changes since some of the transgender bill’s clauses had been determined to conflict with Islamic doctrine regarding heredity.

The Intersex Persons (Protection of Rights) (Amendment) Bill 2022, which seeks to amend the current Transgender Persons (Protection of Rights) Act 2018, was discussed by the Senate on Monday (September 26). The legislation said that intersex people would be entitled to the same chances for employment, education, and healthcare as other members of society.

The bill makes the case that safeguarding the rights of “intersex persons” should have been the main goal of this Act. An intersex person also referred to as a hermaphrodite, is a person with ambiguous genitalia. Some sections in the 2018 Act, according to the bill, were incompatible with national customs, religious beliefs, and even the Constitution. By removing all the portions of the 2018 Act that violated Islamic law and the Constitution, the amendment bill was created to meet the demands of intersex people.

The bill goes on to explain that an American psychiatrist coined the term “transgender” in 1965. It was primarily intended for people whose sexual inclination was against their sex at birth. It was said that this was mostly a disordered mental condition where a man might feel like a woman or a woman might feel like a man, or occasionally even where a person may have “fluid gender perceptions,” which was referred to as “non-binary” gender. It was not comparable to “intersex” and was instead a psychological or mental state of mind.

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The Intersex Persons (Protection of Rights) (Amendment) Bill, 2022 is what it aims to rename the Act as. The 2018 Act, among other things, provided rights to transgender people who were recognized as such and a right to self-perceived gender identity. It also defined the identity of the gender minority and forbade discrimination against them.

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