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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 Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

What is the ruling on water present on the floor of a toilet/bathroom?

The default ruling is the purity of this water present on the bathroom floor. If one is certain or strongly suspects its impurity, then one washes whatever part of the body or clothing this impure water has touched. If one doubts its impurity, the default is purity, and we do not rule it impure based on mere doubt. And Allah the Almighty knows best.

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