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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

Does nosebleed during the day in Ramadan affect the validity of fasting?

A nosebleed does not affect the validity of fasting unless some of the blood reaches the body cavity or the person intentionally swallows it. In such a case, their fast is invalid, and they must refrain from eating and drinking for the rest of the day and make up for that day later.

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

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