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Shariat court strikes down two sections of transgender act 2018

ISLAMABAD: On Friday, the Federal Shariat Court in Islamabad declared that the Transgender Act of 2018’s sections 2 and 3 are incompatible with Islamic tenets.

The Federal Shariat Court in Islamabad’s acting Chief Justice Syed Muhammad Anwar and Justice Khadim Hussain rendered the decision that Sections 2 and 3 of the Transgender Act 2018 violate Islamic tenets while Section 2(n) of the Transgender Act does not.

The Islamic doctrines forbid people from changing their gender at their own discretion, according to the IHC ruling. The judgment additionally affirmed that a person’s gender must stay the same as that which was given to them at birth.

Following the decision, the court made it clear that Khawajasira cannot change their gender or self-identify as either male or female. Additionally, the government was instructed to grant Khawajasira access to financial, educational, and medical resources in recognition of their constitutionally guaranteed rights.

The Khawajasira concept and its associated rules are recognized by Islam, according to the Federal Shariat Court, making them deserving of all fundamental rights guaranteed by the Constitution.

The court emphasized that Islam grants Khawajasira people full human rights as well as fundamental freedoms.

In addition, the court decided that physical traits rather than subjective sentiments should be used to determine gender.

According to the ruling, a person is classified as male if they exhibit more male traits than female ones. The court also emphasized how gender differences exist in customs like prayer, fasting, and Hajj.

The Federal Shariat Court emphasized that gender cannot be purely based on feelings in accordance with its judgment.

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