Afrasiab Ahmed Rana (International Islamic University, Islamabad) and Hafiz Muhammad Siddique (University of Oxford) recently published an article entitled, The Transgender Persons (Protection Of Rights) Act 2018: A Shariah Appraisal of Self-Perceived Gender Identity and Right of Inheritance of The Transgender. Provided below is an abstract of the Article:
The national legislature of Pakistan enacted the Transgender Persons (Protection of Rights) Act 2018 with the aim to provide rights to the transgender community and also for their welfare. This act contain as many 11 rights including the right to self-perceived gender identity and right of inheritance of property. This article aims to study appraise the Shariah side of the right of self-perceived gender identity and right of inheritance.
Islam has set standard for the perception of gender identity with no room to the self-perception. On the other hand, Islamic law does not recognize the share on the basis of self-perceived gender identity.
This article is made up of the 5 parts, first part introduces the transgender in Pakistan and the Transgender Persons (Protection of Rights) Act 2018 providing its background, the next part discusses the definitions of the transgender in the act and Shariah. The third section discusses the issue of gender identity, followed by the next section discussing the issue of inheritance and final section of conclusion.