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Resolutions of Iftaa' Board

Resolution No.(245): "Treatment of Gender Identity Disorder"

Date Added : 04-12-2017

Resolution No.(245)(14/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Treatment of Gender Identity Disorder"

Date: 2/Rabi` Al Thani/1439, corresponding to 21/11/2017.

 

During its 13th session held on the above date, the Board reviewed the letter sent from the Mufti of the Jordan Armed Forces-Arab Army concerning a question passed to him by the Royal Medical Services about two female patients who have what is known as "Gender Identity Disorder." Although they have normal female organs and hormones, their thinking and sexual orientation are purely masculine. Therefore, they are demanding gender transformation through removing their breasts and uteri in addition to the rest of the genital apparatus, and getting a male genital apparatus later on. Could you clarify the ruling of Sharia on such case since it is very rare?

After deliberating, the Board arrived at the following decision:

What determines femininity and masculinity is the body itself and its biological features. The most important of the these is the genital apparatus which differentiates males from females. Therefore,  if someone suffered from gender identity disorder, then it should be treated in a way that brings things back to normal, but in line with the basic masculine or feminine identity  of the genital apparatus of that person, and not transforming his/her gender through removal of genitals by surgery. In fact, it isn`t permissible to rely on psychological disorder as the parameter determining someone`s gender and sexual orientation. Muslim scholars have arrived at this through the following verse (What means): "(The Pagans), leaving Him, call but upon female deities: They call but upon satan the persistent rebel! God did curse him, but he said: "I will take of Thy servants a portion Marked off; "I will mislead them, and I will create in them false desires; I will order them to slit the ears of cattle, and to deface the (fair) nature created by God." Whoever, forsaking God, takes satan for a friend, hath of a surety suffered a loss that is manifest. Satan makes them promises, and creates in them false desires; but satan’s promises are nothing but deception. They (his dupes) will have their dwelling in Hell, and from it they will find no way of escape. {An-Nisa`,117-121}.

In conclusion, transforming someone`s genital apparatus and removing his/her genitals by surgery to treat what is called "Gender Identity Disorder" isn`t permissible in Sharia. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Vice Chairman, Sheikh Abdulkareem Al-Khasawneh

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

 

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Summarized Fatawaa

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

What is the ruling on eating or drinking during the second Adhan?

It is not permissible to eat or drink during the second Adhan because it announces the break of dawn and the obligation to start fasting. Allah Almighty says {what means}:"and eat and drink until you can discern the white streak of dawn against the blackness of night." [Al-Baqarah/187].
Whoever eats or drinks during this time invalidates their fast, and they must refrain from eating for the rest of the day and make up for the missed fast later.

 

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