Masaa’il pertaining to transgender individuals

QUESTION:

1. We would like to know what status the shariah allots to a transgender individual, would they be Muslim or Non-Muslim? To me more precise,

2. At the time of changing their outward looks (sex) via operations and hormone therapy, would that constitute an act of Kufr?

3. If they make taubah for their actions will they be required to recite the Kalima, try to reverse the process and speak out against their error or will Taubah alone suffice?

4. When they die will they be treated as Muslims if no known Taubah was made?

5. What should be done with the transgender Mayyit if he/she is Muslim? Would the shariah liken them to a hermaphrodite or something else and, what would be the ruling for them?

6. Should they be given Ghusl?

7. Who should give the ghusl, males or females based on their current appearance if yes to the above?

8. Would Tayyammum be preferred?

9. As a censure can the Muslims refuse to carry out the ghusl?

 

ANSWER:

1. The Quraan Sharif states:

لَّعَنَهُ ٱللَّهُ ۘ وَقَالَ لَأَتَّخِذَنَّ مِنْ عِبَادِكَ نَصِيبًا مَّفْرُوضًا

ولأضلنهم ولأمنينهم ولآمرنهم فليبتكن آذان الأنعام ولآمرنهم فليغيرن خلق الله ۚ ومن يتخذ الشيطان وليا من دون الله فقد خسر خسرانا مبينا النساء ١١٩

“Allah has cursed him (Shaytaan), and He Shaytaan said, “I shall definitely take a fixed share from Your bondsman.” I will surely lead them astray and certainly instil hopes within them, and I shall definitely command them, and they will cut the ears of animals. I will command them and they will certainly change Allah’s creation. Whoever takes Shaytaan as his friend instead of Allah has indeed incurred a manifest loss.”

It is recorded in Tafseer Qurtubi that Shaytaan assumes the responsibility of leading people astray, either by involving them in acts of Kufr or sin, and thereby cause them to deviate from the straight path. Shaytaan deceives them with false hopes of long life, repentance (that they may sin now and repent later), and goodness. Also, another way of Shaytaan misleading people is by urging them to alter the natural creation of Allah Ta’ala.

It is also mentioned in Tafseer Qurtubi that all forms of unnatural change (to the human body) fall under the definition of this Aayat.

It is recorded in the Hadith Sharif that Rasulullah Salallahu Alaihi Wasallam cursed those men who imitate women and those women who imitate men. Similarly, those who imitate the opposite gender by undergoing a sex-change are accursed by Allah Ta’ala and His Rasul Salallahu Alaihi Wasallam.

لعن رسول الله صلى الله عليه وسلم المتشبهين من الرجال بالنساء والمتشبهات من النساء بالرجال (صحيح البخاري)

لعن الله الواشمات والمستوشمات والمتنمصات والمتفلجات للحسن، المغيرات خلق الله. (كنز العمال)

Furthermore, these individuals undergoing a gender-change are indicating through their actions that they are displeased with the gender chosen for them by Allah Ta’ala. They feel that they are free to do as they wish with their bodies, hence their decision to change their gender to a gender that they are pleased with, whereas the human body is Amaanat from Allah Ta’ala. One cannot use the body as he or she wishes, but rather, one is required to always adhere to the laws of Shariah. This type of free-thinking leads one to remove Allah Ta’ala from the equation and eventually turn renegade.

2. Notwithstanding the above, they will not lose their Imaan despite undergoing a sex-change as long as they do not consider it to be permissible.

3. If they sincerely repent for their actions, then it is hoped that their Taubah will be accepted. However, if the act (of sex-change) is considered as permissible, then a person loses his or her Imaan.

قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَىٰ أَنْفُسِهِمْ لَا تَقْنَطُوا مِنْ رَحْمَةِ اللَّهِ ۚ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا ۚ إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ (سورة زمر – اية 53)”

التايب من الذنب كمن لا ذنب له (سنن ابن ماجة ج٢ص٣١٣)

If the sex-change was kept private and not made apparent to the public, then a secret Taubah will suffice, otherwise a public Taubah is required. The change should be reversed.

4. Yes, they will be considered as Muslims and buried as Muslims, with the proviso that they didn’t openly declare their action (of changing their gender) as permissible.

5/6. They should be given Ghusl and treated as Muslims if they didn’t consider the act of changing their gender as permissible in Shariah.

7. The Ghusl of those born males should given by males, and the Ghusl of those born females should be given by females. Their change of gender will bear no effect.

8. A proper Ghusl should be given to them as they are Muslims. There is no need for Tayammum.

9. They are entitled to a proper Ghusl as they are Muslims. Yes, the prominent members of society may refrain from carrying out the Ghusl as a censure.

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Maulana Ebrahim Ahmed

Date:- 06 Muharram 1445 / 25 July 2023

CHECKED AND APPROVED BY:

Mufti Mohammed Desai Saheb