I censure the fatwa given by Mufti Muhammad Imran Hanfi Qadri issued on Sunday; June 26th, 2016 on solicitation of the Chairman of Tanzim Ittehad Ummat Pakistan, Muhammad Ziaul Haq Naqashbandi.
As Mufti Sahab expressed in his fatwa that a transman and a transwoman do have a space in Islam whereas an intersex does not, I’d like to toss light on the fact that in Islam, changing your personality by saying that the spirit negates with the sex or biological gender during childbirth, does NOT exist AT ALL while one doesn’t have any control over their organic deformation they are conceived with (intersex).
Case in point, why are women not permitted to cull their eyebrows in Islam? Why are we not permitted to undergo a plastic surgery to adjust our physical features?
The answer is simple to it is that this changes the making of God. This demonstrates one is not content with what Allah’s choice is. The transgender likewise are one of the individuals who do not agree with how Allah has made them. They are the casualty of gender dysphoria which can be cured by the sex reassignment treatment as it’s an emotional sickness or a mental misery (said by the known psychology professor Darryl Hill). However, this mental disorder or distress does not permit anybody to conflict with the choice and production of the Almighty!
Then again, the intersex are the ones conceived with chromosomal, hormonal and physical anomaly. They are born in a way that they are neither a male nor a female, however they don’t have any control over how they are as it is by Allah.
The Islamic Fiqh Assembly of the Muslim World League, The Sunni Islamic Authority and the leader of Shia Islam, Ayatollah Imam Khomeini permits, infact urges an intersex to experience a sex alignment surgery as it is allowable in Islam for them.
- Decision # (11/5) of the Islamic Fiqh Assembly of the Muslim World League, Makkah, Rajab13th –20th, 1409 A.H. / February 19th – 26th, 1989 C.E. allowed the hermaphrodites to undergo the physical surgery.
- Also, In 1988 Al-Azhar, the highest Sunni Islamic authority in Egypt gave legal religious decision of sex alignment surgery for hermaphrodites after receiving a letter from Doctor’s General Syndicate (Syndicate’s letter # 483 of May 14, 1988)
- In Iran, a fatwa by Ayatollah Imam Khomeini (with the context of Shia Islam) also allowed the sex alignment surgery for intersex.
Islam allows an intersex to get married.
As their sex is mushkell (indetermined), the choice of their sex absolutely relies on upon them. On the off chance that they are a male and are attracted towards a female then they can wed a female and on the off chance that they are a female and are pulled in towards a male then they may marry a male. For God made the fascination of the male to female and female to male.