New Fatwa In Pakistan Allows Trans People To Marry, But On One Condition
By Cake Staff:
About 50 clerics have issued a fatwa (a religious declaration) which would allow transgender people to marry in Pakistan — making this a rare instance where a religious document acknowledges the need for transgender rights.
The fatwa, released on Sunday by clerics affiliated with Tanzeem Ittehad-i-Ummat, an Islamic religious faction, also argues the case for property inheritance rights for trans people, and condemns parents who disown or harrass their transgender children, saying that in doing so, these parents are “inviting the wrath of god”. The clerics have even urged the government to take legal action against such parents.
The decree also dwells upon anti-trans prejudice and societal stigmas against transgender identities, going to the extent to say that any act intended to ‘humiliate, insult or tease’ trans people is an act of ‘haraam’, i.e the worst kind of sin in Islam. The fatwa ends with arguing for funeral rites for transgender people — of trans people getting the same kind of burial as any cis man or woman — which is extremely important considering the horrors trans activist Alisha had to face recently while on her deathbed.
Recently, Pakistan’s transgender community have come face-to-face with repeated acts of violence and harassment, so in light of this fact, this fatwa might seem like a positive step; but the rigidity of gender binaries within the fatwa is still a cause for concern.
It stated that a transgender person having “visible signs of being male” may marry a woman or a transgender person with “visible signs of being female” and vice versa. However, the fatwa added, that a transgender person carrying “visible signs of both genders” may not marry anyone.
It’s almost forcing trans people to conform to a fixed gender identity, and sending the message that they only deserve rights if they adhere strictly to a ‘male’ or ‘female’ identity — and that’s highly messed up. The rigidity of gender binaries within the fatwa is a cause for concern, as it’s almost forcing trans people to conform to a fixed gender identity, and sending the message that they only deserve rights if they adhere strictly to a ‘male’ or ‘female’ identity — and that’s highly messed up.It goes to show that as a society, we still cannot think of transgender people beyond the male/female binary.
Further, he couching of trans rights into such thoroughly religious rhetoric seems slightly disturbing, because it almost comes across like it’s scaring people into treating the trans community with respect, which shouldn’t be the case. However, it is also a little bit subversive, because it goes against the general belief that orthodox religion does not allow for gender or sexual nonconformity. Hence, while this may seem like a welcome step, it comes with multiple asterisks and statutory warnings. But at least it acknowledges the need to end anti-trans discrimination, so…baby steps, we guess?
