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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 ruling on using an inhaler while fasting?

Using an inhaler through the nose or mouth breaks the fast because the medication in these inhalers is intended to reach the lungs, which are considered part of the body cavity (jauf).
● If a person needs to use it occasionally, they may use it while fasting, continue refraining from food and drink for the rest of the day, and make up for the missed fast later.
● If a person needs to use it daily, they may use it while fasting, continue refraining from food and drink, and pay fidyah (feeding one needy person per missed day).

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

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