Pakistani clerics declare transgender marriages legal under Islamic law

Jun 29, 2016 08:28

A group of clerics in Pakistan has declared marriage between transgender individuals permissible in Islam, saying they have a right to be buried in Muslim ceremonies, according to a copy of a religious edict Reuters obtained Monday ( Read more... )

pakistan, religion, transphobia, marriage, islam, homophobia, marriage equality, lgbtq / gender & sexual minorities

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Comments 12

natyanayaki June 29 2016, 15:06:19 UTC
this is good? i think? right? but i'm so confused by what they mean by indications. like, when they say both male and female indications do are they referring to individuals who are intersex (i hope not)?

thank you for posting!

edited for spelling/clarity.

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sugartitty June 29 2016, 15:29:33 UTC
I'm not sure if they mean intersex or pre-op transgender, tbh. One of the complaints about this fatwa was that it wasn't very clear.

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teacoat June 29 2016, 16:46:30 UTC
If you look at Iran, for example, there are actually more SRS procedures done there than in any other country other than Thailand and i believe the government pays for people to get it. It can be a mixed bag because gay cis men and women are pressured to undergo transition, and of course gay trans people have to choose between pursuing their true gender identity and being able to openly love people of the same gender. And SRS is mandatory if you want to change your gender marker, which isn't something every trans person wants to pursue.

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velvetunicorn June 29 2016, 15:20:57 UTC
I feel like I need to learn more about Pakistan and its history.

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chaya June 29 2016, 19:49:42 UTC
As an independent nation, it's not a very long history. It only separated from India in the late 40s.

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eldvno June 29 2016, 16:53:01 UTC
This is a country that just refused to pass laws protecting women from domestic abuse, sexual assault, and rape. Pakistan is not progressive, and hailing it as such completely undermines the struggles women and girls* face every day in the country.

*those who are outside of Pakistan's ultra-elite, the difference there is insane, for the mega-rich, it is a whole different country, with so many different rules.

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sugartitty June 29 2016, 18:04:39 UTC
I agree. I mean, this is a step in the right direction for transgender rights in Pakistan, but I wouldn't call Pakistan a progressive country by any means. Just last month another Islamic council said it was okay for men to "lightly" beat their wives, so yeah...I do hope though that this fatwa, which also calls upon the Pakistani state to protect transgender individuals, will help reduce stigmatization and encourage the courts to protect the legal rights of transgender/third gender individuals.

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maynardsong June 29 2016, 17:36:49 UTC
They could have phrased that more respectfully ("normal people" versus transgender people????) but on the whole, I'm happy about this. If nothing else, it pokes holes in the idea that "Muslim = anti-LGBTQ".

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sugartitty June 29 2016, 18:21:54 UTC
I'm not sure if that's how they were referred to in the original document or if that's something lost in translation? And I would say that I am cautiously optimistic about this decree. This is a step forward for transgender Pakistanis, but keep in mind that Pakistan is still a country where homosexuality is banned :/ And there may be a not so happy side to this. It is acceptable under Islamic law to be transgender in Iran and the government will help pay for your reassignment surgery/change your legal documents to reflect your gender, but human rights activists have raised alarm over the fact that a lot of cis-gender gay Iranians are pressured into having reassignment surgery, which is absolutely terrible. Hopefully the same thing won't happen in Pakistan.

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roseembolism June 29 2016, 21:45:50 UTC
I wouldn't even consider it all that LBTQ positive as well, consistent with the idea "if it looks like a male and female couple we will treat it as such."

So uh, yay that a certain segment of transpeople can marry, but as far as real improvement it's still a long row to hoe.

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rhysande June 29 2016, 22:45:40 UTC
I'm glad they recognize transgender people as Allah's creations who have rights and are not to be treated with disrespect. Hope that soon extends to the rest of the rainbow.

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