On 5 September 2022, Pakistan’s Senator Mushtaq Ahmad presented the bill for amendments in the Transgender Protection Act to the Senate Standing Committee on Human Rights. During the meeting, Senator Mushtaq Ahmad, said that, “Transgender is an American term, it has no place in Islam, and the legislation regarding the transgender community is against Quran and Sunnah and it will promote homosexuality.” We wish to clarify the reality so that the debate can conclude in a manner that pleases Allah (swt).
The West has founded its civilization on the concept that man is free from divine guidance, one aspect of which is personal freedom. The concept of women’s liberation concluded that a woman’s role in society must not be determined by her biological reality. In recent times, the West has concluded that the sex or gender of a woman is not to be determined by her biological reality. The woman can decide to identify herself as a woman based, on her own free will and self-perception. Society cannot impose this identity, as that is against the basic concept of freedom. The same concept was also presented by the West regarding men. So the Western concept of freedom allows a person to decide, of their own free will, whether they are a man, or a woman, or a combination of a man and a woman or neither or something else. It is this concept that gave rise to the concept of transgender person.
The Muslim rulers, who compete each other in slavery of the West, enacted the Transgender Protection Act based on this ruinous concept and are now making amendments. The Act emphasizes that gender identity is not determined by birth but is influenced by psychological and social factors, changing under the influence of these factors.
This law determines that a man’s self-perception that he is a woman is a feeling that must not only be respected, it must be given legal protection. The definition of a transgender person, in this law, includes any person who has self-perception of gender different from the gender identity he was assigned at birth, through biological realities. That is, any person can legally adopt male or female or a combination of male and female, or any other identity apart from them, by expressing their self-perception at any time. In this context, no medical or psychological examination of this person can be done.
Under the Transgender Protection Act, when a man expresses his self-perception and legally makes himself a woman, he will get all the rights of women, such as access to women’s rooms, use of women’s washrooms, admission to a women’s school and the right to marry a man. Similarly, when a woman recognizes herself as legally male, the inheritance rules of men will apply to her in matters of inheritance and she can marry any woman. Applying this law is a proof that our rulers have crossed all limits in the slavery of the West and are actively working in trying to alienate Muslims from their religion. Allah (swt) said,
(وَلَأُضِلَّنَّهُمْ وَلَأُمَنِّيَنَّهُمْ وَلَآمُرَنَّهُمْ فَلَيُبَتِّكُنَّ آذَانَ الْأَنْعَامِ وَلَآمُرَنَّهُمْ فَلَيُغَيِّرُنَّ خَلْقَ اللَّهِ وَمَن يَتَّخِذِ الشَّيْطَانَ وَلِيًّا مِّن دُونِ اللَّهِ فَقَدْ خَسِرَ خُسْرَانًا مُّبِينًا)
“I will certainly mislead them and delude them with empty hopes. Also, I will order them and they will slit the ears of cattle and alter Allah’s creation.’ And whoever takes Shaytan as a guardian instead of Allah has certainly suffered a tremendous loss.” [TMQ Surah An-Nisaa 4:119].
It is narrated in Tirmidhi that,
«لَعَنَ رَسُولُ اللَّهِ ﷺ الْمُتَشَبِّهَاتِ بِالرِّجَالِ مِنَ النِّسَاءِ وَالْمُتَشَبِّهِينَ بِالنِّسَاءِ مِنَ الرِّجَالِ»
“The Prophet of Allah (saw) cursed those women who impersonate men and cursed those men who impersonate women.”
O Muslims of Pakistan! The Transgender Protection Act is ruling by other than what Allah (swt) has revealed. It is Taghut that must be rejected and disbelieved in. This law will build our social values on an illegitimate basis, destroying our family structure. By providing a legal provision for a man to marry a man and a woman to marry a woman, this law is justifying the sin, due to which the people of Lut (as) were punished. After knowing the truth of this abominable and illegitimate law, it is our duty to reject this law, just as it is our duty to struggle for the implementation of our Deen in its entirety.
Unlike the provisions of the Transgender Protection Act, there are only two legal genders in Islam, male or female. Gender is determined on biological grounds as it is born. Gender reassignment on the basis of self-perception, regardless of biology, is not permitted.
The Khilafah (Caliphate) on the Method of the Prophethood will implement the Deen, revealed by Allah (swt), through which the Khilafah will eliminate the evils created by Western civilization. It will also bring all people out of obedience to other than Allah (swt), inviting to obedience to Allah (swt) and showing the world the path of guidance.
Allah (swt) said in the Noble Qur’an,
(اتَّبِعُوا مَا أُنْزِلَ إِلَيْكُمْ مِنْ رَبِّكُمْ وَلَا تَتَّبِعُوا مِنْ دُونِهِ أَوْلِيَاءَ قَلِيلاً مَا تَذَكَّرُونَ)
“Follow, [O mankind], what has been revealed to you from your Lord and do not follow other than Him any allies. Little do you remember.” [TMQ Surah Al-A’raf, 7:3].
Media Office of Hizb ut Tahrir in Wilayah Pakistan
21 Safar 1444 – Saturday, 17th September 2022
No: 07 /1444