The Transgender Persons (Protection of Rights) Legislation is “not in harmony with the Shariah,” according to the Council of Islamic Ideology (CII), since “many aspects of the act are contradictory with Islamic principles.”
In a notification, the CII expressed concern that the act would result in “new societal difficulties” and requested that the government set up a committee to study the legislation pertaining to the transgender population.
It also recommended that members of the CII, religious academics, and legal and medical professionals serve on the committee.
Separately, the council praised the legislation amending the National Accountability Bureau (NAB) and encouraged the government to include further CII suggestions in the law.
If necessary, the Senate will engage with academics and the Islamic council, according to Sanjrani
The CII’s stance on the measure comes a day after Senate Chairman Sadiq Sanjrani stated that the committee established to evaluate the most recent modifications to the Transgender Persons (Protection of Rights) Act will appropriately engage religious experts and the CII, if necessary.
Sanjrani declared that the Senate will never take any action that would violate Islamic law.
The act’s changes, presented by Senator Mushtaq Ahmed, are presently being considered by a Senate committee.
He strongly cautioned against needlessly politicking the subject and emphasised that the administration was determined to follow the consultation’s course in the event of any disagreement.
The bill
The Pakistani Parliament enacted the Transgender Persons (Protection of Rights) Act in 2018. The legislation guarantees transgender people’s ability to vote, inherit property, and run for public office as well as outlaws discrimination against them in employment, public places, and educational institutions.
Politicians from religious political parties, such as Jamaat-e-Islami and Jamiat Ulema-e-Islam Pakistan-Fazl, sparked controversy this year by arguing that the legislation is incompatible with Islamic principles and has to be changed right now.
Conservative lawmakers and social media users charge that the law supports same-sex unions, cross-dressing, and gender reassignment surgery. Additionally, they assert that since the law’s passage in 2018 more than 23,000 individuals have altered their gender.
The assertion that males will be able to change their gender to female and women will be able to male on official documents is incorrect.
According to the legislation, a “transgender person” is someone who has “intersex” genital characteristics, was born with male gender assigned but underwent castration, or whose gender identification differs from the sex they were given at birth.
According to the Rules to the Act, a transgender person must go to the National Database and Registration Authority (NADRA) to request a name or gender change on identification papers in accordance with their self-perceived identity. Additionally, NADRA will only change a person’s gender from Female to Category “X” or Male to Category “X”.
“X” symbolises the third sex in Pakistan, a classification specially created for the trans community on the orders of the Supreme Court in 2009.
The law or the Rules do not allow men to change their gender to female or vice versa on their CNICs, passports or other travel documents.
