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‘Gender expression’ not applicable in determining the gender: Shariat Court

MM News Staff by MM News Staff
May 19, 2023
Online

Online

ISLAMABAD: The Federal Shariat Court has given its verdict on the petition against the Transgender Act regarding the rights of eunuchs.

Acting Chief Justice Syed Mohammad Anwar and Justice Khadim Hussain of the Federal Shariat Court, while hearing the petition against the Transgender Act, said that the government is obliged to provide medical, educational, and economic facilities to transgenders. “Islam provides all human rights to transgenders. and the government is also bound to give them all the rights,” they said.

According to the decision, gender is related to the biological sex of a person, many acts of worship including prayer, fasting, and Hajj are related to gender which cannot be determined due to human feelings.

The decision said that Section 2 of the Transgender Act is not against Shariat, Transgenders are entitled to all the basic rights that are listed in the Constitution. The effects are dominant that male eunuchs will conceive.

The Federal Shariah Court, while dealing with the petitions against the Transgender Act, said in its decision that under Section 7, by determining the sex of the will, anyone could have a share in the inheritance of their will.

The decision said that if a man or a woman calls themselves transgender outside of their biological sex, it will be illegal. The Shariat Court also declared Section F2 of the Transgender Act against Shariat.

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