Trans people cannot get their gender changed, rules Pakistan’s top Islamic court

ISLAMABAD – The Federal Shariah Court ruled on Friday that transgender people could not chose their gender identity and call themselves man or woman on their own wishes. 

A bench headed by interim chief justice Syed Muhammad Anwar and Justice Khadim Hussain announced the verdict on petitions filed against the Transgender Persons (Protection of Rights) Act, 2018 approved by the National Assembly in 2018. 

For the unversed, the act is a law in Pakistan which aimed to provide equal rights to transgender people and safeguard their rights through legal recognition. The Transgender Persons (Protection of Rights) Act had given transgender people in Pakistan the right to choose their gender identity as they perceived it themselves and change it on previously issued government documents. 

However, the act was later challenged the shariah court by the JUI-F and others, saying it was against Shariat. They were of the view that “no law can be made against Quran and Sunnah in the country”.

The Shariah court bench in its ruling declared Section 2, 3 and 7 against the Islamic teachings. It added that no one could be declared transgender based on physical features and self-identity.

Wrapping up the petitions against the act, the court directed the government to ensure provision of all rights to transgender people.