Pakistani court rejects arbitrary sex change operation
ISLAMABAD, Pakistan – A Pakistani court ruled Friday that a person cannot change his or her gender at will.
It also ruled that some sections of the law protecting the rights of transgender people violate Islamic law or Sharia.
The Acting Chief Justice of the Federal Sharia Court (FSC) and Justice Khadim Hussain delivered the ruling on a series of petitions against the law.
Pakistan’s parliament had enacted the law to give legal recognition to transgender individuals and ensure that they are not discriminated against.
In September 2022, the FSC, which deals with issues of Islamic law, accepted petitions against the law.
The court noted that gender is related to a person’s biological sex.
It also noted that many acts of worship, such as praying, fasting, and the Hajj, are also linked to gender.
According to the reports, the court has said that sections 2, 3 and 7 were going against Islam and thus will be ruled out.
Section 2 talks about the definition of ‘gender identity’ and about the definition of ‘Transgender Person’. While Section 3 is about the recognition of the identity of transgender persons and 7 is about the trans persons’ right to inherit.
The court noted that Islam grants basic rights to transgender persons, adding that their rights are also enshrined in the constitution.
It said that the government is obliged to grant transgender persons basic rights.
The ruling states that Islam does not allow anyone to undergo gender reassignment surgery and that no one can change their gender at will.
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