ISLAMABAD , May 19, 2023: The Federal Shariat Court (FSC) on Friday declared that a person could not change his or her gender at will and some sections of the Transgender Persons (Protection of Rights) Act 2018 were against Shariah.
Acting Chief Justice Dr Syed Muhammad Anwer and Justice Khadim Hussain announced the reserved verdict on a set of petitions challenging the law.
The National Assembly had enacted the law to provide legal recognition to transgender persons and ensure that they were not discriminated against.
In September 2022, the FSC had taken up petitions challenging the legislation, making Jamaat-i-Islami’s Senator Mushtaq Ahmed and TV anchor Orya Maqbool Jan parties in them along with transgender persons Almaas Boby and Bubbly Malik.
At the same time, amendments to the law have been sought under the Intersex Persons (Protection of Right) Amendment Bill 2002, which asks for deletion of all those sections deemed against the injunctions of Islam and the Constitution.
The court observed that gender was related to one’s biological sex. It further noted that many acts of worship such as praying,
fasting and performing Hajj were also connected to gender. The court said Islam provided transgender persons with fundamental rights, adding that their rights were also enshrined in the Constitution.
It said the government was bound to provide transgender persons with basic rights. It said Islam did not allow anyone to undergo gender reassignment and that no one could change their gender at their will. “One’s gender can only remain what it was assigned at birth,” the court ruled.