What is transgender? What’s the opinion Islam about it and How are the rights? Here, you will know all about transgender, 20 rights of transgenders in Islam and the law of it refer the hadith and Quran. Transgenders are the minor society among us, and being transgender is prohibited.
Transgender is a person whose role or appearance does not match the gender that he had before, usually transgender will perform genital surgery to change their gender. In the view of Islam, Performing genital surgery to remove or change the gender of a man or woman intentionally is a prohibited. Here are the explanation the law of transgender.
The Law of Transgenders
The law is prohibited (haram) for who people are transgenders. Genital surgery that is either repair or refinement due to birth defects and not a change of sex according to Islamic scholars is permissible under the Shari’a. Such an abnormality is a disease that must be treated to become a normal genital.
Like the based on the hadith of Prophet Muhammad, as narrated by Al-Bukhari “Allah and His Apostle condemn the homosexuals,” then to avoid surgery or refinement of genitalia may be done based on the principle Musalih Mursalah, Fiqh rules that states “Danger must be eliminated “which is recommended by Islamic law, as in the hadith of the Prophet Muhammad SAW “Repent ye the servants of God: for Allah hath not made a disease except for the medicine, except for one disease, the disease of aging. “ (H.R Ahmad)
Here are the provisions of laws based on Quran and Hadith:
Quran verse 49:13
This verse tells about for all humanity in the presence of Allah and each law is determined, it should not be changed and one must live according to his nature. Allah says in Quran :
” O mankind! Lo! We have created you male and female, and have made you nations and tribes that ye may know one another. Lo! the noblest of you, in the sight of Allah, is the best in conduct. Lo! Allah is Knower, Aware.”
Quran verse 4:119
This verse tells about any act of transforming Allah’s creation like a man dressed and behaving like a woman then this act is prohibited (haram). Allah also says in Quran :
” And surely I will lead them astray, and surely I will arouse desires in them, and surely I will command them and they will cut the cattle’ ears, and surely I will command them and they will change Allah’s creation. Whoso chooseth Satan for a patron instead of Allah is verily a loser and his loss is manifest.”
Hadith Narrated by Bukhari
It is narrated that ‘Abd-Allaah ibn Mas’ood (may Allah be pleased with him) said: “May Allah curse the women who do tattoos and those for whom tattoos are done, those who pluck their eyebrows and those who file their teeth for the purpose of beautification and alter the creation of Allah.”
Other Hadith Narrated by Bukhari related to this is The Prophet (Sallallahu Alaihi wa Sallam) also said: “Allah Cursed men who try to resemble women and cursed women who try to resemble men.”
Furthermore, other Narration by Abu Dawud is “May Allah curse the masculine woman”, while The Authority of Abu Hurairah who says that the Prophet of Allah SAW says “Allah curses a woman who wears a men’s clothing and a man who wears a woman’s dress.”
Above Quran and Hadith are tell about prohibited for who is the people wanna try to resemble and behave like others gender (like a woman wears a men’s clothing or woman behaving like men). However, in view of Islam performing genital surgery is allowed, if as per the procedure below, they are :
- Surgical repair or refinement operation is done to people who have been born with a genital deformity, such as the genitals in men or woman which is not perforated or imperfect.
- If a man or woman has multiple genes from birth, then he is allowed to dispose of one of them, the example is a person has two genders, man, and female besides that person has a uterus and ovary which is the main characteristic of the female. So, she can lift her man’s gender in order to reinforce the identity of the female. Keep in mind that she should not kill the female genital organs and let her man genital organs as opposed to the internal organs of the uterus and ovaries.
Transgenders also have their rights, but it is not much enough like among people. Because in the society transgender people always be discriminated. But, Rasulullah SAW still respect them, below these are the rights of the transgender in Islam :
1. Rights to live
Transgender peoples have rights to living like others people. Islam always teaches us to respects live in humanity also Islam strongly affirming the killing of mankind with love. Importance of Love in Islam is so extraordinary, as well as loving the existence of transgender. Judging the transgenders even if we know that is wrong is especially not kind of love that Allah SWT teach us. That kind of killing a human’s emotion is like killing all mankind. In Quran, Allah said that in Surah Al-Maedah below here is the verse:
“For that, cause We decreed for the Children of Israel that whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind. Our messengers came unto them of old with clear proofs (of Allah’s Sovereignty), but afterward lo! many of them became prodigals in the earth.” (Verse 5:32)
And Allah ta’ala also says in other verse of Quran, “And there is life for you in retaliation, O men of understanding, that ye may ward off (evil).” (Verse 2:179)
2. Not discriminated against them
Allah has created every human equal and all human beings rise very respectably in the eyes of Islam, where it gives them equal opportunity, rights, and freedom. Therefore as Muslims, we don’t discriminate them, transgenders are also the creation of Allah, they have rights in religion, society and also culture.
Allah ta’ala says in Quran:“To Allah belongs the kingdom of the heavens and the earth. He creates whatsoever He wills, bestows daughters on whomsoever He will, and gives sons to whom He chooses. On some, He bestows both sons and daughters and some He leaves issueless. He is all-knowing and all-powerful.” (Verse 42:49-50)
3. Right to mutual respect (tolerance) in the social environment
The concept of tolerance in Islam is shaped by Islamic teachings of both the Qur’an and the hadith. It is recommended that every Muslim continues to do good to others, this tolerance is only applicable in social life, and has nothing to do with religion. Allah ta’ala says in the Quran:
“Allah forbiddeth you, not those who warred not against you on account of religion and drove you not out from your homes, that ye should show them kindness and deal justly with them. Lo! Allah loveth the just dealers.Allah forbiddeth you only those who warred against you on account of religion and have driven you out from your homes and helped to drive you out, that ye make friends of them. Whosoever maketh friends of them – (All) such are wrong-doers.” (Verse 60:8-9)
4. Rights for education
Transgender people have the right to have the education of knowledge in Islam. To the right of educating this education, God has an implicit order, following the ta’ala of Allah who has explained it in the Qur’an:“O ye who believe! when it is said unto you, Make room! in assemblies, then make room; Allah will make way for you (hereafter). And when it is said, Come up higher! go up higher; Allah will exalt those who believe among you and those who have the knowledge, to high ranks. Allah is Informed of what ye do.”
Demanding knowledge is the right of every Muslim whether it be children, men, women, elderly and even transgender people. Prophet Muhammad SAW said in his hadith that reads,“Demanding Science is mandatory for every Muslim, male and female”.
5. Choosing the religion
Transgender also has the right to choose religion according to his conscience. Islam is a religion of peace and anyone who is touched by Islam even though he is a transgender he chooses Islam as the chosen religion as a life choice. In the Qur’an Allah says:
“There is no compulsion in religion. The right direction is henceforth distinct from error. And he who rejecteth false deities and believeth in Allah hath grasped a firm handhold which will never break. Allah is Hearer, Knower.” (Verse 2:256)In other verse Allah ta’ala also says in Quran, “And argue not with the People of the Scripture unless it be in (a way) that is better, save with such of them as doing wrong; and say: We believe in that which hath been revealed unto us and revealed unto you; our Allah and your Allah is One, and unto Him we surrender.” (Verse 29:46)
6. Rights to employment
Transgender is a minority and is often discriminated against in the environment. With this discrimination, some of these transgender people have no right to work in the right place. There are still many transgender people who are looking for work away from decent and lawful.
Below is the verse Quran right of every Muslim to work and get the basic needs of a decent life, Allah ta’ala says in Quran:“And when the prayer is ended, then disperse in the land and seek of Allah’s bounty, and remember Allah much, that ye may be successful.” (Verse 62:10)The Prophet Muhammad also says in his hadith about the rights of employment that is “There is no better food that a person consumes than the food produced from his own hands.” (Bukhari). In Islamic, while working there is rights about gives the employment wages our Prophet Muhammad SAW said in the following hadith,“Give the worker his wages before drying his sweat.” (Narrated by Ibn Majah).
7. Rights to protection
Transgender people are entitled to protection from the local government. The right to seek the protection of legitimate rulers is the right of all citizens, including transgender persons. This is to provide protection and defense from harm or arbitrariness. For the rulers especially in a Muslim-majority country, it is obligatory to uphold justice and provide secure security.
Below is the hadith of the Holy Prophet:“His leadership is a shield, fighting behind him and taking refuge with him.” (Narrated by Bukhari and Muslim). In the Qur’an has also been said, as the Lord said, that: Will I seek others from God for God when He is Lord of all things? Every soul only gets on its own account, nor does anyone bear any other burden. Then to your Lord come back and He will tell you where you are different. “(Verse 6: 164)
8. Rights to security and personal independence
There are still many transgender people who do not get security around them, this right needs to be owned by everyone even though he is transgendered. Below Allah, ta’ala says in the Quran. contained in the Surahs An Nisa :
“Allah enjoins that you render to the owners what is held in trust with you, and that when you judge among the people do so equitably. Noble are the counsels of Allah, and Allah hears all and sees everything.” (Verse 4:58)
9. Rights of justice
Discrimination is an example of injustice received by the transgender. In this case, everyone is entitled to exercise it from the unjust acts he or she receives.
Allah ta’ala says in Quran:
“Allah loveth not the utterance of harsh speech save by one who hath been wronged. Allah is ever Hearer, Knower.” (Verse 4: 148).Other verse of Quran, Allah says; “Those who follow the messenger, the Prophet who can neither read nor write, whom they will find described in the Torah and the Gospel (which are) with them. He will enjoin on them that which is right and forbid them that which is wrong. He will make lawful for them all good things and prohibit for them only the foul, and he will relieve them of their burden and the fetters that they used to wear. Then those who believe in him, and honor him, and help him, and follow the light which is sent down to him: they are successful.” (Verse 7:157)
10. Protection of property rights
Everyone has the right to own property, even if he is transgendered and entitled to process his property. The right of ownership shall not be entitled to be seized by any person or any person entitled to the right. Allah ta’ala says in Quran, “And eat not up against your property among yourselves in vanity, nor seek by it to gain the hearing of the judges that ye may knowingly devour a portion of the property of others wrongfully.” (QS. 2: 188).
The right of transgender on the Islamic view has the same opportunity as men and women. They can develop their individual potential accordingly with their desires by remembering the right path which has been determined for them. They have rights in public development, finance as well as education and getting profit from the result. Transgender basically has the same rights, only their conditions are different.
Below here the other rights of transgender in Islam.
- The rights of social supported.
- The rights of provide counseling about Islam approach.
- The rights to shares the same spaces in a mosque.
- The rights of voting for the government.
- The rights of everyone to ask the government to give orders and defenses from harm or arbitrariness.
- The rights of everyone to the defense and also has the privilege of consciousness.
- The rights to have a citizenship identity.
- The rights to have decent and lawful work.
- The rights to guarantee freedom of thought, belief and expressing aspirations.
- The rights in the harmony of the religious life of minorities.
Making changes such as changing the gender of women or men, this in Islam is strictly prohibited. In the Qur’an and hadith above it is explained, that changing something that Allah ta’ala has given to us, and we deliberately change it to another form, then it becomes unlawful. Unless we have birth defects or have birth defects then we can change them. In the social life, transgender is indeed around us.
As a Muslim, we should not discriminate against them, to remedy discrimination against transgender the Court of the Federal and Federal government to protect transgenders’ gender identification, right to inherit property, right to vote, right to education, and right to employment.
Transgender is not a people we have to abandon, as Muslims, we naturally respect them and provide an Islamic (spiritual) approach to curing their mental illness. You can read the other the rights of neighbours in Islam and rights of travelers in Islam here. The right of transgender on the Islamic view has the same opportunity as men and women. You also can read the rights of neighbor and the rights of traveler here. They have rights in public development, finance as well as education and getting profit from the result.
Transgender basically has the same rights, only their conditions are different. Islam teaches us to treat them (transgender people) well like our Prophet Muhammad SAW always did and teaches us in the hadith and also in Quran.With the explanation of the 20 rights of transgender in Islam can be a science for us all Muslims both male and female.
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