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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

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

Does post-natal bleeding (Nifas) stop before forty days after childbirth?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, post-natal bleeding (Nifas) can cease before the completion of forty days. If the bleeding stops completely and its return is not expected, the woman has attained ritual purity (Taharah), even if forty days have not yet passed. And Allah the Exalted 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.

 

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

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