19/11/2022
TRANSGENDER RIGHTS LAW UNDER THREAT AND THE PLIGHT OF THE COMMUNITY IN PAKISTAN
BY SYED HAIDER FAROOQ MAUDOODI
23.10.2022
Respected Fellows and dear friends,
We are here today to discuss about rights of transgender persons, laws related to their rights and problems faced by them in order to find a solution.
In my opinion proper rather best solution of transgender issue lies hidden in the scientific and biological basis of this issue although apparently it seems to have social or legal aspects only.
We can find better than the best solution of this problem if we try to understand and solve this issue in the light of opinions of concerned specialists.
Because Nature created and made humans as men and women.
The terms like " Khawaja Sara, Mukhanus, or Transgender" were coined by the society for those people in whom, by some quirk of nature, the X and Y chromosomes of their DNA could not express their morphological features.
But the terms we sculptured have no room in medical science because modern genetics has already accomplished detailed study of these chromosomes (X and Y) present in the human DNA on the basis of which male or female gender of a person is decided.
If anyone is sceptical or doubtful regarding this issue then an international medical commission under the auspices of World Health Organization may suggest a better name or title for such persons who have failed to express physical features corresponding to these chromosomes.
In my opinion the gender of such persons with ambiguous male or female characteristics should be decided on the basis of presence or absence of " Y " chromosome.
The persons with ambiguous gender who possess Y chromosome in their DNA should be named " genetic male " and be raised as male.
Whereas the persons with ambiguous gender who do not possess Y chromosome should be declared "genetic female" and she should be given a respectable status in society as such.
I am of the opinion that this is what nature desires us to do. Because if we would try to develop a system to educate and groom any one (especially children) contrary to what one possesses in ones hidden chromosomes, it would be wrong, not only for them but also for the society, just like the permission to allow them to smoke and take carbonated drinks in pursuance of their unchecked thoughts and company.
Right and wrong patterns of thoughts, inclinations, and social behavior were recognized regarding
violence, terrorism, smoking and use of carbonated drinks in educational institutions in lieu of health issues of children; and in order to change them or make them better, practical steps have been taken besides making laws.
It is evident that all the above mentioned as well as other examples are our successful endeavors with reference to recognizing, influencing and changing the wrong perceptions in the society .
The aforementioned paradigm will raise few important questions for us whenever we discuss this topic.
Questions
What can possibly hinder such recognition and resolution of wrongs prevalent in the sexual inclinations, relations and issues?
Alternatively, can this be the reason that for unknown and unavoidable reasons we do not want to know the wrongs prevalent in such matters?
Should we not decide as to which pattern of sexual and emotional thoughts, inclinations, and behaviours is right and which one is wrong?
Moreover in such matters why and how can the right of judgement (right and wrong) be given to the interested person or party?
Would it be right to lable as Khawaja Sara, Mukhanus, or transgender those men and women who have lost their male or female sexual features or emotions as a result of either disease treatment or surgery, or would they like to be called so.
In continuance of the above, in our own society, if we prefer to seek guidance from our Deen and Shariah then very clear Instructions have been given by the Holy Prophet Hazrat Muhammed PBUH.
There is one Hadith cited by Hazrat Umm e Salma and two cited by Hazrat Ibn e Abbas whereby such transgender were banned from entering the houses of the wives of the Holy Prophet, on the instructions of Hazrat Muhammed PBUH, who showed interest in female folks just like men.
SYED HAIDER FAROOQ MAUDOODI
5 A Zaildar Park Ichra Lahore