Gender Transition and Islamic Law: What Changing Sex Means for Religious Duties

Gender transition means changing one’s sexual identity from one sex to another, usually accompanied by surgery and/or hormone therapy. This article examines gender transition and its effects on religious duties, analysing the differing opinions of jurists.

Jurisprudential Rulings on Gender Transition

Gender transition is one of the complex and controversial issues of the contemporary world that is examined and debated in many societies. The subject has medical and social dimensions and is also significant from religious and legal perspectives.

This matter is accepted in some countries and cultures, while in others opinions remain divided. From a religious standpoint, gender transition can have deep effects on a person’s religious obligations. In this article we will examine gender transition and its effects on religious duties and analyse the different views of jurists and religious experts.

Gender Transition in Religious Texts

In the question of gender transition, a variety of religious and jurisprudential texts have addressed the subject. Jurists’ opinions are usually grouped into three categories:

1. Affirmation of gender transition

Some jurists and sources of emulation have concluded that gender transition is not religiously impermissible, and in cases where a person needs this change for medical or psychological reasons it is allowed. This group of jurists believes that if gender transition helps to improve the individual’s quality of life, it can be accepted.

2. Prohibition of gender transition

Another group of jurists prohibits gender transition for various reasons, including preserving the natural order and social norms. These scholars believe that gender transition constitutes a form of changing God’s creation and should therefore be avoided.

3. Conditional permissibility of gender transition

A third group of jurists holds a middle position and believes that gender transition may be permissible under specific conditions and with observance of particular safeguards. These conditions typically include accurate medical and psychological diagnosis, lack of alternative means to improve the person’s condition, and absence of harm to society.

The Impact of Gender Transition on Religious Duties

Gender transition can have various effects on a person’s religious obligations:

1. Prayer and acts of worship

One of the most important issues to consider is the impact of gender transition on prayer and other acts of worship. After transition, the individual must pay attention to their new duties in the realm of worship and prayer. For example, if someone transitions from male to female, they should observe the rules and requirements for women regarding prayer.

2. Veiling (hijab)

The question of veiling is another issue affected by gender transition. A person who has changed sex must follow the principles of dress appropriate to their new sex. This matter is particularly important in Islamic societies.

3. Financial rulings and inheritance

Gender transition can directly affect financial rulings and inheritance. For example, in some cases a person after transition may inherit or be excluded from inheritance according to their new legal and religious sex. Therefore, examining this issue is necessary.

4. Social relations

Gender transition can have significant impacts on a person’s social relations. A person who has transitioned may face new social and familial challenges. This aspect should be considered alongside religious duties.