Mazahib: Jurnal Pemikiran Hukum Islam, 2025 Vol.
No.
Page 1 of 37 https://doi.
org/10.
21093/mj.
Islamic Legal Discourse and Gender Inclusivity: The Dynamics of KhunthA/Hijra and Transgender Identity in Bangladesh Md.
Mahdi Hasan,1 Zezen Zaenal Mutaqin2 1&2 Universitas Islam Internasional Indonesia.
Indonesia Corresponding author: Md.
Mahdi Hasan.
Email: mahdi.
hasan@ui.
Abstract This paper critically explores the theological, legal, and sociopolitical distinction between traditional khunthA .
and contemporary socially constructed transgender identities within the framework of Islamic jurisprudence, focusing on the Bangladeshi context.
By engaging with classical and contemporary Islamic legal texts, religious interpretations, legal precedents, scholarly works, media representations, and public discourse, the study argues that the conflation of khunthA .
ften culturally aligned with hijr.
and transgender identities in public narrativesAiparticularly in education and mediaAihas led to widespread confusion, societal backlash, and policy While khunthA has traditionally been recognized in Islam as part of divine creation .
l al-khilqa.
, transgender identityAidefined as a divergence from oneAos biological sexAiis often perceived as altering GodAos creation .
aghyr al-khilqa.
and thus faces greater religious and social resistance.
This paper also addresses concern about unverified gender identity claims, citing incidents where individuals falsely claimed gender status, resulting in misuse of institutional provisions and violations of womenAos safety and privacy in gender-segregated spaces.
The study suggests that future policy initiatives on gender inclusivity in Muslim-majority countries like Bangladesh should clearly distinguish between traditional legitimate gender and socially constructed gender identities in order to uphold religious and ethical values and prevent misuse in gender-segregated spaces.
Keywords: Gender Inclusivity.
LGBTQ .
Transgender.
KhunthA.
Hijra.
Islamic Legal Discourse.
Bangladesh Introduction The discourse on gender and sexual identity has significantly evolved in recent years, encompassing a range of perspectives, definitions, and rights movements.
The LGBT communityAicomprising lesbian, gay, bisexual, and transgender individualsAirepresents a diverse spectrum of experiences that challenge traditional conceptions of gender and 2 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin 1 While the terms Aulesbian,Ay Augay,Ay and AubisexualAy relate to sexual orientation.
AutransgenderAy refers to individuals whose gender identity does not align with their biological sex assigned at birth.
2 This divergence has sparked critical discussions on inclusion, rights, and identity across different societies, particularly in those where religious teachings are deeply embedded in cultural norms.
In Muslim societies, the conversation around gender identity is complex and layered.
Historically, classical Islamic jurisprudence has recognized the category of khunthA .
, which describes individuals with ambiguous or dual sexual characteristics.
Unlike contemporary transgender identities, which some religious authorities view as a modification of GodAos creation .
aghyr al-khilqa.
, khunthA has been accepted as part of divine creation .
sl al-khilqa.
5 This distinction is crucial for understanding how different gender identities are perceived within Islamic legal and social frameworks.
The conflation Matthew Waites.
AuCritique of AoSexual OrientationAoand AoGender IdentityAoin Human Rights Discourse:
Global Queer Politics beyond the Yogyakarta Principles,Ay Contemporary Politics 15, no.
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Mazahib: Jurnal Pemikiran Hukum Islam of these categories contributes to societal misunderstandings and influences public attitudes and policies in Muslim-majority contexts.
Modern medical advancements, such as sex-reassignment surgery (SRS),6 have further complicated classical Islamic interpretations of gender and bodily integrity.
While medical interventions for intersex individuals to address gender ambiguity are generally accepted within Islamic thought, the legitimacy of SRS for transgender individuals is far more 7 Islamic teachings, reflected in auu .
Prophetic narrations, emphasize the sanctity of GodAos creation and caution against altering it without necessity.
An ongoing challenge is that influenced by these narrations, many MuslimsAi particularly in BangladeshAioften conflate AutransgenderAy with AukhunthAAy .
ermaphrodite or interse.
This misunderstanding, rooted partly in a lack of familiarity with pre-modern terminology, contributes to social confusion and prejudice within Muslim communities.
Although fiqh jurists clearly define these terms, societal resentment toward LGBT movements continues to influence public attitudes.
Consequently, the khunthA category, which is considered to be a part of the original creation of God .
l al-khilqa.
and has no condemnation in Islamic Shara, is frequently misidentified with transgender and transsexual identities.
For comparison, in Indonesia, people often refer to transgender individuals as waria, meaning Aufemale-to-male.
Ay9 In Malaysia, people often use the 6 To know details about the process of SRS, see D.
Duisin.
Barisic, and B.
Batinic.
Au837 Ae Request for Sex-Reconversion Surgery - Case Report,Ay European Psychiatry.
Abstracts of the 21th European Congress of Psychiatry, 28 (January 1, 2.
: 1, https://doi.
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1016/S0924-9338.
Yadavendra Singh et al.
AuGender Transition Services for Hijras and Other Male-to-Female Transgender People in India: Availability and Barriers to Access and Use,Ay International Journal of Transgenderism 15, no.
1Ae15, https://w.
com/doi/abs/10.
1080/15532739.
Richard Fitzgibbons.
AuTranssexual Attractions and Sexual Reassignment Surgery: Risks and Potential Risks,Ay The Linacre Quarterly .
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7 Ani Amelia Zainuddin and Zaleha Abdullah Mahdy.
AuThe Islamic Perspectives of Gender-Related Issues in the Management of Patients With Disorders of Sex Development,Ay Archives of Sexual Behavior 46, no.
2 (February 1, 2.
: 353Ae60, https://doi.
org/10.
1007/s10508-016-0754-y.
Alfred Chabbouh.
Rim Chehab, and Elie Charro.
AuDecision-Making and Implications of Sex-Reassignment Surgery in Intersex Individuals in the Arab World: A Case Series,Ay International Journal of Clinical Research 3, no.
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Fatu Al-BAr, vol.
10 (Beirut.
Lebanon: DAr uhyA al-TurAth alArab, 1.
, 333.
Muuammad KhAlid Manr.
Al-AukAm al-ibbiyya al-Mutaalliqa Bi al-NisA Fi alFiqh al-IslAm (Beirut.
Lebanon: DAr al-NafAis, n.
), 204.
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Sunnan Ibn MAjah, vol.
2 (Beirut.
Lebanon: DAr uhyA al-TurAth al-Arab, n.
)2:23.
Bshiya Muuammad ShAfi MiftAu.
JirAuAt Al-Dhukra Wa-al-Untha F Uaw al-ibb Wa-al-Fiqh al-IslAm (Beirut.
Lebanon: DAr al-FalAu, n.
), 480.
9 Rr Siti Kurnia Widiastuti.
AuResearch Method for Exploring Discourse on the Rights for Religion for Transgender,Ay ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin 18, no.
1 (April 20, 2.
: 105, 4 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin offensive Malay term mak nyah, or pondan, to refer to flamboyant homosexual men or male-to-female transgender women.
Meanwhile, people refer to female-to-male transgender men as pengkids or tomboys.
10 People sometimes refer to transgender individuals as khwaja Sara in Pakistan and hijra .
or third gender in Bangladesh.
In light of this theological framework, resistance to the formal recognition and integration of transgender identities persists in various Muslim societies, including Bangladesh.
In the Bangladeshi context, conservative Islamic scholars and entrenched cultural norms exert considerable influence over public perceptions of transgender rights.
These combined religious and cultural forces create a sociopolitical climate that limits societal acceptance and complicates the pursuit of identity recognition for transgender Consequently, this resistance exemplifies the broader ideological tension between traditional religious interpretations and contemporary views on gender, setting the stage for complex challenges in the Bangladeshi context.
The recognition of the hijra .
unuch/khunthA) community, often labeled AutransgenderAy for inclusivity, serves as a poignant example of these tensions in Bangladesh.
A recent incident in January 2024 underscored these issues when Asif Mahtab, a lecturer at BRAC University, publicly opposed the inclusion of a chapter about a hijra .
hunthA), using the term Autransgender,Ay in a seventh-grade school textbook.
MahtabAos protest, which involved tearing pages from a textbook that told the story of a transgender womanAos experiences, has sparked significant concern and criticism.
The response from conservative religious groups, including the formation of a AuNational FatwA (Islamic lega.
Board,Ay highlighted the deeply held belief that transgender identity challenges religious norms.
https://doi.
org/10.
14421/esensia.
Muh Bahrul Afif.
AuIslam and Transgender (A Study of Hadith about Transgende.
,Ay International Journal of Nusantara Islam 7, no.
: 186.
10 Wan Amir Azlan Wan Haniff et al.
AuTransgender Rights in Accordance with Civil & Sharia Law:
Malaysia and Asean Perspectives,Ay International Journal of Academic Research in Business and Social Sciences 11, no.
: 1307.
11 Lubna Jebin and Umme Farhana.
AuThe Rights of Hijra in Bangladesh: An Overview,Ay SSRN Scholarly Paper (Rochester.
NY.
June 1, 2.
, 1, https://papers.
com/abstract=3028057.
Adnan Hossain.
AuThe Paradox of Recognition: Hijra.
Third Gender and Sexual Rights in Bangladesh,Ay Culture.
Health & Sexuality 19, no.
: 1418Ae31.
Abdullah Al Mamun.
Mariano LM Heyden, and Qaiser Rafique Yasser.
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Bangladesh, and Malaysia,Ay Sexual Orientation and Transgender Issues in Organizations: Global Perspectives on LGBT Workforce Diversity, 2016, 171.
Muhammad Siraj Khan.
Raza Ullah Shah, and Naghma Farid.
AuAn Appraisal of the Transgender (Protection of Right.
Act, 2018 in the Light of Islamic Law,Ay n.
, 125.
12 AuInclusion of Transgender Rights Chapter in Bangladesh School Textbooks Sparks Debate,Ay Benar News, accessed July 5, 2024, https://w.
org/english/news/bengali/univ-fires-teacheropposing-transgender-in-textbook-01222024152402.
AuIAB Takes to Streets over Transgender Story Textbook,Ay Dhaka Tribune.
July https://w.
com/bangladesh/337852/iab-takes-to-streets-over-transgender-story-in.
Mazahib: Jurnal Pemikiran Hukum Islam This dynamic is further underscored by the governmentAos attempt in September 2024 to address societal tensions through a 10-member National Curriculum and Textbook Board (NCTB) committee tasked with reviewing educational content.
However, criticism from Islamic groups, particularly over the progressive stance of two members on social issues like LGBTQ rights, led to the committeeAos dissolution within weeks, 13 highlighting the political and social ramifications of addressing transgender recognition within educational and public policy frameworks.
In addition to these social and legal developments, some existing scholarly works often utilize the term AutransgenderAy when discussing the rights of khunthA individuals in Islam, aiming to justify these rights from an Islamic legal perspective.
As an illustration, in AuThe Legal Rights of Transgender (Khans.
in Islamic State,Ay Hussain et al.
highlight how Islam promotes equal treatment for transgender .
hunthA) individuals.
They argue that any prejudice toward transgender individuals contradicts Islamic principles, which emphasize universal equality and fairness.
Similarly, in their study.
Muhammad Siraj Khan et al.
critically evaluate the AuTransgender (Protection of Right.
Act, 2018Ay in Islamic law in Pakistan.
Although they recognize the significance of safeguarding the rights of transgender .
hunthA) individuals, they argue that specific provisions of the Act contradict Islamic law and may undermine the integrity of the family unit.
They propose a reassessment of these provisions to ensure that they are in line with Islamic values.
15 In their work.
Naseem et al.
also present a compelling argument that challenges the prevailing belief of social exclusion faced by transgender .
hunthA) individuals.
They highlight the recognition and significant positions that transgender individuals have held within Muslim religious organizations.
They argue that the occasional influence transgender individuals had on governmental decisions led to 13 AuTextbook Curriculum Changes in Bangladesh | Govt Dissolves Committee Formed over Textbook Revision,Ay October https://w.
net/news/bangladesh/education/news/revising-textbooks-govt-dissolvescommittee-face-flak-3714491.
AuGovt Dissolves Textbook Revision Committee | The Business Standard,Ay accessed October 19, 2024, https://w.
net/bangladesh/education/govtdissolves-textbook-revision-committee-952656.
AuTextbook Review and Revision Committee Dissolved,Ay October https://w.
com/bangladesh/education/360037/textbook-revision-committeedissolved.
AuThe Education Ministry Dissolved the Committee on Saturday.
Prior to This.
Leaders of Several Religion-Based Organisations Raised Objections over Two Members of the Committees.
Prothom Alo,Ay October https://en.
com/youth/education/3deow640d6.
14 Amjad Hussain.
Muhammad Saeed, and Aas Muhammad.
AuThe Legal Rights of Transgender (Khans.
in Islamic State,Ay Global Social Sciences Review V (September 30, 2.
: 410Ae16, https://doi.
org/10.
31703/gssr.
2020(V-.
15 Khan.
Shah, and Farid.
AuAn Appraisal of the Transgender (Protection of Right.
Act, 2018 in the Light of Islamic Law.
Ay 6 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin their high regard, challenging and dismantling negative perceptions and stereotypes surrounding their identity.
Reflecting on the Bangladeshi context.
Snigdha et al.
argue that a thorough understanding of transgender .
hunthA/hijr.
identity is impossible without confronting IslamAos cultural practices.
17 Moreover.
Sanjida Islam argues that the absence of legal recognition and protection of the rights of transgender .
hunthA or hijr.
individuals in Bangladesh results in marginalization and discrimination.
She underscores the urgent need for the implementation of specific legislation to protect the legal, social, and political rights of the transgender .
hunthA or hijr.
community in Bangladesh.
These studies and recent events raise a critical question: why do academic discussions on khunthA rights often employ the term AutransgenderAy despite distinct differences between these categories and the concerns voiced by Muslim communities? This question exposes a significant gap in the literature, particularly within the Bangladeshi context, where a lack of clear differentiation between khunthA and transgender identities frequently leads to misunderstandings in both scholarly and societal discourse.
By addressing this gap, our paper thoroughly analyzes these gender-ambiguous terms, drawing from both classical Islamic legal sources and contemporary perspectives.
Focusing specifically on the context of Bangladesh, this study investigates how the conflation of transgender identities with the Islamic legal category of khunthA .
has contributed to widespread public confusion, religious opposition, and policy Drawing upon classical Islamic jurisprudence, fatwas, contemporary legal interpretations, scholarly writings, public discourse, and media controversiesAi particularly the debate over AuSharifaAos StoryAy in a national textbookAithis paper explores the theological and sociocultural distinctions between khunthA .
and transgender By clarifying these categories, the study aims to demonstrate how such conflations have triggered backlash and resistance from religious scholars and the wider public, thereby shaping societal perceptions and policy responses in a Muslim-majority The study provides a culturally grounded perspective that promotes more informed and nuanced policymaking that respects Islamic traditions while engaging thoughtfully with evolving discussions on gender identity.
16 Fozia Naseem.
Muhammad Hamzah, and Syed Shah.
AuRights of Transgender Persons: An Analytical Study of Sharia,Ay Global Legal Studies Review VI (March 30, 2.
: 77Ae83, https://doi.
org/10.
31703/glsr.
2021(VI-I).
17 Rezwana Snigdha.
AuAn Obscure Perception of Transgender in Islam: A Case of Hijra in Bangladesh An Obscure Perception of Transgender in Islam: A Case of Hijra in Bangladesh,Ay Global Journal of HumanSocial Science.
March 17, 2020, https://doi.
org/10.
34257/GJHSSCVOL19IS5PG29.
18 Sunjida Islam.
AuA Theoretical Analysis of the Legal Status of Transgender: Bangladesh Perspective,Ay International Journal of Research and Innovation in Social Science 3, no.
: 117Ae19, https://ideas.
org//a/bcp/journl/v3y2019i3p117-119.
Mazahib: Jurnal Pemikiran Hukum Islam The paper is organized into five main sections.
First, it explores classical and contemporary Islamic perspectives on gender ambiguity to establish the jurisprudential foundation surrounding khunthA and related categories.
Second, it examines how these Islamic frameworks interact with modern discourses on gender identity and sexuality, especially concerning transgender individuals.
The third section investigates global LGBT discourse and its implications for Muslim societies, with special attention to the sociopolitical landscape of Bangladesh.
The fourth section analyzes key controversies, government decisions, and religious responses within Bangladesh, including real-life events like the 2024 textbook backlash and the 2015 hijra job screening scandal.
Finally, the conclusion synthesizes these insights and proposes Islamic context-sensitive policy suggestions to distinguish intersex and transgender identities, aiming to safeguard religious values while preventing social and legal misuse.
II.
An Overview of Gender Ambiguity in Pre-Modern and Modern Islamic Tradition To contextualize the pre-modern acceptance of gender ambiguity within Muslim societies, it is helpful to examine the terminologies that historically defined various forms of gender diversity, including the terms khAs, khunthA, hijra, mutarajjilAt, and mamsu.
Each term denotes unique identities or roles that exemplify culturally recognized gender expressions beyond the male-female binary.
19 Full elaboration of these terminologies is beyond the purpose of this article, but it is essential for our elaboration.
Below is a summary of these classifications, which illuminate the nuanced ways in which gender ambiguity was understood and accommodated:
KhAss, or eunuchs, were historically employed as guards, servants, and chamberlains in harems and kingsAo chambers in the Middle East and China.
20 They possess male reproductive organs and are typically assigned male at birth until undergoing castration, often involving the removal of the testicles.
There is a unique legal and social position that khAss occupy, which does not involve a change to the female 19 See for details AuTransgender Identity.
The Sex-Reassignment Surgery FatwAs and IslAmic Theology of A Third Gender in: Religion and Gender Volume 7 Issue 2 .
,Ay 165Ae66, accessed June 16, 2024, https://brill.
com/view/journals/rag/7/2/article-p164_2.
Mehrdad Alipour.
AuIslamic ShariAoa Law.
Neotraditionalist Muslim Scholars and Transgender Sex-Reassignment Surgery: A Case Study of Ayatollah KhomeiniAos and Sheikh al-TantawiAos Fatwas,Ay International Journal of Transgenderism 18, no.
: 91Ae103.
See also Alipour, 91Ae92.
20 AuEunuch | Castration.
Gender Roles.
History | Britannica,Ay accessed June 18, 2024, https://w.
com/topic/eunuch.
21 Scott Siraj Al-Haqq Kugle.
Homosexuality in Islam: Critical Reflection on Gay.
Lesbian, and Transgender Muslims (Simon and Schuster, 2.
Shaun Marmon.
Eunuchs and Sacred Boundaries in Islamic Society (Oxford University Press, 1.
, 97.
8 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin KhunthAs .
ermaphrodites or interse.
are persons who combine both or indeterminate male and female reproductive organs or genitals.
According to Islamic jurisprudence, there are two types of khunthAs: al-khunthA ghayr mushkil .
onproblematic or unambiguous hermaphrodite.
, whose appearance indicates their gender, especially after they become teenagers,22 and al-khunthA mushkil .
roblematic or ambiguous hermaphrodit.
, whose physical traits make it impossible to classify them as either male or female within the binary system, before or after they become The term AumukhannathAy .
ffeminate me.
describes individuals who exhibit physical characteristics or behavior similar to or reminiscent of women, such as a gentle voice or indolent limbs.
Subsequent Muslim lexicographers corroborate this interpretation of the term, asserting that AumukhannathAy originates from the word AukhanAthA,Ay meaning Auto fold back the mouth of a water-skin for drinking.
Ay24 However, early Muslim lexicographers interpreted the term differently, asserting that AumukhannathAy originates from AukhunthA,Ay a term that signifies hermaphrodite or intersex.
This interpretation would classify a mukhannath as either an intersex or a hermaphrodite.
Moreover, according to Sunn Islamic jurists, anafs and anbals classify mukhannath individuals into two categories: those with a gentle, feminine voice and no attraction towards women and those who are morally depraved .
Asi.
and should be prohibited from engaging with women socially.
26 On the other hand, the Shafis and MAliks define mukhannath as an individual who has a voice that resembles that of a woman and displays effeminate characteristics in their words, appearance, thoughts, and 22 To understand the matter more comprehensively, see Paula Sanders.
Au5.
Gendering the Ungendered Body: Hermaphrodites in Medieval Islamic Law,Ay in 5.
Gendering the Ungendered Body: Hermaphrodites in Medieval Islamic Law (Yale University Press, 2.
, 74Ae95, https://doi.
org/10.
12987/9780300157468007.
23 Ab al-QAsim al-Mawsawi al-Kh.
Fiqh Al-AsAr al-Shariyya Wa al-MasAil al-abbiya Min rA al-NajAh (Qom.
Iran:
DAr al-iddqa al-Shahda.
https://w.
net/ar/khlib/view/style1/196.
Al-Sarakhs Muuammad Ibn Aumad.
Al-Mabs, 30 (Beirut.
Libanon: DAr al-Marifa.
, 1.
, 91Ae92.
Khan.
Shah, and Farid.
AuAn Appraisal of the Transgender (Protection of Right.
Act, 2018 in the Light of Islamic Law,Ay 127Ae28.
Naseem.
Hamzah, and Shah.
AuRights of Transgender Persons,Ay 81.
Sayed Sikandar Shah Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay International Journal of Business.
Humanities and Technology 1, 1 .
: 102.
24 Everett K.
Rowson.
AuThe Effeminates of Early Medina,Ay Journal of the American Oriental Society 111, no.
: 672Ae73, https://doi.
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25 Khall ibn Aumad.
KitAb al-Ayn, vol.
4 ([BaghdA.
: al-Jumhryah al-IrAqyah.
WizArat al-ThaqAfah waal-IlAm.
DAr al-Rashd, 1.
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Rowson.
AuThe Effeminates of Early Medina,Ay 673.
26 Abd AllAh Ibn Aumad Ibn Muuammad Ibn QudAma.
Al-Mughn Li Ibn QusAma, vol.
7 (Riyad.
Saudi:
Al-Maktaba al-Riyas al- adtha, n.
), 462.
Mazahib: Jurnal Pemikiran Hukum Islam decision-making.
They may be considered safe to engage in social interactions as long as they do not experience sexual attraction toward women.
MutarajjilAt are women who endeavor to emulate males in terms of their conversations and appearance.
Mamsus are individuals who lack both male and female reproductive organs.
Although the majority of Sha scholars referred to this group as mamsu, there were those, like Ibn Idrs, who classified these individuals as al-khunthA mushkil.
30 In Sunn literature, the word AumamsuAy is not used, and this group is consistently classified as part of AukhunthA.
Ay31 Hijras, biologically male but socialized as female, undergo ceremonial castration in South Asian nations like Pakistan.
India, and Bangladesh to remove their testicles and penis, a practice considered a Authird gender or third sexAy and associated with the removal of their testicles and penis.
32 However, in general, people in Bangladesh commonly perceive hijras as emasculate, asexual, and individuals born with missing or ambiguous genitals.
The mainstream population also often uses the term AuhijraAy to mark and describe deviations from societal norms of masculinity.
33 It is worth mentioning that Bangladeshi ulamA or Islamic scholars acknowledge hijras as khunthA categories.
27 Shams al-Dn Muuammad Ibn al-Khab al-Shirbn.
Mughni Al-Muutaj IlA Marifati MaAni AlfAe al- ManhAj, vol.
4 (Beirut.
Lebanon: DAr al-Fikr, n.
), 430.
Muuammad Ibn Abd AllAh al-Khurash.
AlKhurash alA Mukhtaar Sayyid Khall, vol.
2 (Beirut.
Lebanon: DAr al-Fikr, n.
), 273.
See also Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay 101.
Snigdha.
AuAn Obscure Perception of Transgender in Islam,Ay 30.
Abdelwahab Bouhdiba.
Sexuality Islam (London:
Routledge, https://doi.
org/10.
4324/9780203706916.
29 Abd al-Fattau.
Al-usain.
Al-AnAwn al-Fiqhiya, vol.
1 (Qom.
Iran: IntishArAt-i IslAm, 1.
, 38.
30 Ab Jafar Muuammad Ibn Manr Ibn Aumad.
Ibn Idrs al-ill.
Al-SarAir, vol.
3 (Qom.
Iran:
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, 277.
31 Al-Azz Sharu al-Wajz -Al-Sharh al-Kabr.
AoAli Muuammad Muawas wa Adil Aumad Abd al-Mawjd, (Beirut.
Libanon:
DAr al-Kutub al-ilmiya.
https://archive.
org/details/WAQ71626/azez00/.
Muuammad Ibn Aumad.
Al-Mabs, 30:92.
32 Serena Nanda.
Neither Man Nor Woman: The Hijras of India (Wadsworth Publishing Company, 1.
, ix (See the preface of the boo.
Jodi OAoBrien.
Encyclopedia of Gender and Society (SAGE, 2.
, 384.
See for details Jyoti Puri.
Au2 Transgendering Development,Ay Development.
Sexual Rights and Global Governance 29 .
: 39.
Amy Lind.
Development.
Sexual Rights and Global Governance (Taylor & Francis, 2.
, 15, https://doi.
org/10.
4324/9780203868348.
Jebin and Farhana.
AuThe Rights of Hijra in Bangladesh,Ay 1.
Hossain.
AuThe Paradox of Recognition: Hijra.
Third Gender and Sexual Rights in Bangladesh,Ay 1.
33 See for details Hossain.
AuThe Paradox of Recognition: Hijra.
Third Gender and Sexual Rights in Bangladesh,Ay 1420Ae21.
Adnan Hossain.
Beyond Emasculation, and Being Muslim.
AuHijras in Bangladesh,Ay Journal of Feminist Theory 19, no.
: 205Ae18.
Hossain.
AuBeyond Emasculation:
Pleasure.
Power and Masculinity in The Making of Hijrahood in Bangladesh.
Ay (PhD-Thesis Ae Research and graduation external, 2.
10 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin Despite this diversity, most pre-modern Muslim jurists have concentrated their discussion mainly on the categories of khunthA and mukhannath .
amsu in Sha perspectiv.
out of the six groups, as they believe that these two groups are biologically equivocal in contrast to the other four.
They deliberated on these groups because they believed their ambiguous nature required clarification of Islamic obligations.
As a result.
Muslim jurists mostly talk about the rules that apply to people who are labeled as khunthA or mukhannath in different areas of Islamic fiqh, such as chastity, worship, the pilgrimage .
, marriage, heirloom, and punishment.
While classical scholars mainly focus on those two categories due to the advanced medical technology, contemporary Muslim scholars have differing opinions on the legitimacy of medical interventions for individuals with sexual abnormalities.
While they generally agree that it is acceptable to use medical interventions to correct abnormalities in hermaphrodites .
, they dispute the legitimacy of such interventions for effeminate individuals.
The perception of medical intervention for hermaphrodites as a legitimate medical reason differs from that of effeminate .
individuals, who view it as cosmetic and motivated by a desire to defy GodAos ethical and legal commands.
Then, legal experts generally agree that Islamic law authorizes the use of sex change procedures to correct abnormalities in individuals with hermaphroditism.
Islamic teachings encourage Muslims to seek medical treatment for khunthAs, as the Sunna .
rophetic narratio.
states that AuGod has not created diseases except that He has anticipated, by His will, a cure for them.
Ay And.
AuO Servants of God, seek medical treatment for your illness.
Ay36 The Prophet further underscored the importance of eradicating harm and its consequences, asserting that Auone should neither inflict damage 34 AuTransgender Identity.
The Sex-Reassignment Surgery FatwAs and IslAmic Theology of A Third Gender in: Religion and Gender Volume 7 Issue 2 .
,Ay 166Ae67.
To know details about rules and rights about khunthA and mukhannath, see Dr Amir Ullah Khan.
Dr Shabana Noreen, and Dr Syed Naeem Badshah.
AuConcept of Transgender and Islamic Concept of Family: From Societal Security Perspective,Ay Peshawar Islamicus (December 39Ae47, http://ojs.
pk/index.
php/peshawarislamicus/article/view/75.
Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay 100Ae102.
Khan.
Shah, and Farid.
AuAn Appraisal of the Transgender (Protection of Right.
Act, 2018 in the Light of Islamic Law,Ay 126Ae28.
Dr Iram Sultana.
Dr Hafiz Muhammad Idrees, and Dr Hafiz Muhammad Sarwar.
AuStatus and Rights of Transgender Islamic Perspective,Ay Al-Qamar.
September 193Ae99, https://alqamarjournal.
com/index.
php/alqamar/article/view/1086.
Hussain.
Saeed, and Muhammad.
AuThe Legal Rights of Transgender (Khans.
in Islamic State,Ay 411Ae15.
Naseem.
Hamzah, and Shah.
AuRights of Transgender Persons,Ay 77Ae82.
Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay 102.
Ibn MAjah.
Sunnan Ibn MAjah, 2:252.
Mazahib: Jurnal Pemikiran Hukum Islam nor retaliate against it.
Ay37 Thus, seeking medical help is morally justified and legitimate, especially when the intention is to recover oneAos true identity rather than hide it.
The Intersection of Gender Identity.
Sexual Diversity, and Islamic Perspectives Building upon historical understandings of gender ambiguity, the intersection of Islamic teachings with contemporary perspectives on gender identity and sexual diversity presents a nuanced and complex landscape.
Islamic jurisprudence has traditionally provided detailed classifications, such as khunthA .
and mukhannath .
ffeminate individual.
, yet modern conceptions of gender identity and sexual orientation add layers of complexity to these categories.
As modern societies increasingly recognize diverse gender identities, including those of transgender individuals, new theological and ethical discussions are emerging within Muslim communities, challenging and expanding traditional perspectives.
Reflecting on the complexity of gender and sexual identity.
Noraini et al.
state that males and females are the two distinct sexes that comprise the human species.
Biological factors largely determine these sexes, and as a result, most societies expect each sex to possess certain personal traits and fulfill specific roles.
However, there are instances where individuals have an ambiguous sexual identity.
This ambiguity can occur because of biological abnormalities, such as intersex conditions, or when individuals exhibit behaviors that are typically associated with the opposite gender.
People often refer to these individuals as the Authird sex,Ay Aupsycho-sexual,Ay Aueffeminate,Ay or Aumixed sex,Ay and Ay People often perceive this group as going through an Auidentity crisisAy in terms of gender.
39 For instance, in a study by Currah and Minter, transgender was described as an AuumbrellaAy term:
AuThe contemporary term AutransgenderAy arose in the mid-1990s from the grassroots community of gender-different people.
Unlike the term Autranssexual,Ay it is not a medical or psychiatric diagnosis.
In contemporary usage, transgender has become an AuumbrellaAy term that is used to describe a wide range experiences, including but not limited to: pre-operative, post-operative, and nonoperative transsexual people.
male and female cross-dressers .
ometimes referred to as Autransvestites,Ay Audrag queensAy or Audrag kingsA.
intersex individuals.
and men 37 Ibn MAjah, 2:60.
38 Bshiya.
Muuammad ShAfi MiftAu.
JirAuAt Al-Dhukra Wa-al-Untha F Uaw al-ibb Wa-al-Fiqh al- IslAm (Beirut.
Lebanon: DAr al-FalAu, n.
), 471Ae72.
39 Mohd Noor Noraini et al.
AuSexual Identity: Effeminacy among University Students,Ay Kuala Lumpur:
International Islamic University Malaysia, 2005, 1Ae2.
Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay 98.
12 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin and women, regardless of sexual orientation, whose appearance or characteristics are perceived to be gender atypical.
Ay40 Similarly.
Lestari categorized transgender individuals into three distinct groups, each exhibiting their behaviors and characteristics: transgender, cross-dresser/transvestite, and transsexual.
The first group, transgender individuals, choose to present themselves in a way that aligns with the appearance and traits typically associated with the opposite This groupAos key feature is their recognition of a discrepancy between their gender identity and their biological sex, despite not undergoing any surgical procedures to alter their sex.
The second group, cross-dressers or transvestites, find satisfaction in dressing in clothing typically associated with the opposite gender.
However, it is important to note that they engage in this behavior solely as a means of expressing their gender rather than a reflection of their gender identity.
Lastly, transsexual individuals are those who present themselves and behave in a manner that corresponds to the gender opposite to their assigned sex, often going to the extent of undergoing Ausex reassignment surgeryAy(SRS).
41 Furthermore, according to Human Rights Watch:
AuTransgender is an inclusive term for anyone whose sex assigned to them at birthAii.
, the designation as AufemaleAy or AumaleAy on their birth certificate does not conform to their lived or perceived gender .
he gender that they are most comfortable expressing or would express if given a choic.
Ay42 Lestari and Sefitri asserted that a variety of factors influence the transgender We can broadly categorize these factors as environmental and congenital.
Environmental factors include an improper family upbringing, which encourages boys to exhibit feminine behaviors and vice versa.
Traumatic experiences during puberty can also contribute to this phenomenon.
On the other hand, congenital factors pertain to biological aspects, such as hormones and genes.
Hormonal imbalances are often responsible for this condition.
From a medical standpoint, it is important to note that the typical chromosome composition for males is XY, while females possess XX However, some individuals may have XXY chromosomes, resulting in an Paisley Currah and Shannon Minter.
Transgender Equality: A Handbook for Activists and Policymakers (National Center for Lesbian Rights .
The Policy Institute of the A, 2.
, 3.
See AuTransgender Identity.
The Sex-Reassignment Surgery FatwAs and IslAmic Theology of A Third Gender in: Religion and Gender Volume 7 Issue 2 .
,Ay 167.
41 Lestari.
AuLesbian.
Gay.
Biseksual.
Dan Transgender (Lgb.
Dan Hak Asasi Manusia (Ha.
,Ay 112 (The presented data is translated from Bahasa Indonesia into Englis.
See also Afif.
AuIslam and Transgender (A Study of Hadith about Transgende.
,Ay 188.
Alipour.
AuIslamic ShariAoa Law.
Neotraditionalist Muslim Scholars and Transgender Sex-Reassignment Surgery: A Case Study of Ayatollah KhomeiniAos and Sheikh al-TantawiAos Fatwas,Ay 90Ae95.
42 Neela Ghoshal.
AuIAom Scared to Be a Woman,Ay Human Rights Watch.
September 24, 2014, https://w.
org/report/2014/09/25/im-scared-be-woman/human-rights-abuses-againsttransgender-people-malaysia.
Mazahib: Jurnal Pemikiran Hukum Islam additional X chromosome.
Consequently, this can lead to behaviors resembling those of This resemblance, in turn, caused him to display behaviors typically associated with females.
By adjusting the hormonal state to align with their biological sex more closely, we can rectify the deviation stemming from these innate factors.
In the field of fiqh (Islamic jurisprudenc.
, fiqh jurists have established a clear distinction between intersex individuals .
hunthA) and transgender individuals.
For instance, the Muft .
iqh juris.
of the Federal Territory of Malaysia explains that intersex individuals are considered to be part of the original creation of God .
sl al-khilqa.
, as they are born with characteristics that do not fit typical male or female categories.
Transgender people, on the other hand, are viewed as individuals who have changed their God-given creation .
aghyr al-khilqa.
, often through medical or physical changes, such as sex-reassignment surgery (SRS).
Consequently.
Islamic jurisprudence does not categorize intersex individuals as transgender.
44 The Assembly of Muslim Jurists of America (AMJA) permits corrective procedures for intersex individuals but advises against sex reassignment surgery for those with gender dysphoria, emphasizing adherence to Islamic teachings on gender.
45 Similarly, in 1988.
Shaykh Muuammad Sayyid antAw of Al-Azhar University issued a fatwa permitting sex reassignment surgery exclusively for individuals with ambiguous genitalia, recognizing it as a corrective measure.
However, he declared it impermissible for those wishing to change their sex based solely on personal desire without any biological ambiguity.
Fiqh jurists further describe transgender individuals as those who exhibit characteristics or behaviors traditionally associated with the opposite gender.
This includes men .
who display feminine traits and women .
who exhibit masculine traits, manifesting in aspects such as attire, speech, mannerisms, and physical alterations, or Ausex-reassignment surgery(SRS).
47 Within this framework, expressions that contradict conventional gender norms are often viewed as divergences 43 Indah Lestari and Siti Sefitri.
AuKonseling Bagi Populasi Transgender,Ay Jurnal Konseling Gusjigang 2, no.
(August 3, 2.
: 39, https://doi.
org/10.
24176/jkg.
See also Afif.
AuIslam and Transgender (A Study of Hadith about Transgende.
,Ay 188.
44 AuOffice of the Mufti of the Federal Territories - Irsyad Al- Fatwa No.
202: Hakam Rulings Related to Khunsa.
Ay 45 AuGender Identity Disorder And Sex Reassignment Surgery | AMJA Online,Ay Assembly of Muslim Jurists of America.
August 20, 2007, https://w.
org/fatwa/en/22813/gender-identity-disorderand-sex-reassignment-surgery? 46 AuSunni Islamic Jurisprudence.
Sex Reassignment Surgery and Transgender Rights,Ay openDemocracy, accessed November 24, 2024, https://w.
net/en/north-africa-west-asia/sunniislamic-jurisprudence-sex-reassignment-surgery-and-transgender-rights/.
47 AuOffice of the Mufti of the Federal Territories - Series 5 : Issues Of Transgender.
Tasyabbuh Or Resemblance: The Law (Updated Editio.
Ay.
See also Afif.
AuIslam and Transgender (A Study of Hadith about Transgende.
,Ay 186.
14 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin from what is considered natural human disposition.
48 The Fiqh Council of North America asserts that gender is intrinsically linked to biological sex, and intentionally adopting the appearance or roles of the opposite gender is prohibited in Islam.
This interpretation supports early Islamic teachings, where Prophetic traditions strongly discourage such behaviors.
For instance, narrations from the distinguished companion Ibn AbbAs (RA) recount that the Prophet Muuammad (PBUH) discouraged gender-nonconforming behaviors among men and women by admonishing those who adopted the appearance or traits of the opposite gender.
These narrations illustrate a foundational Islamic view that emphasizes adherence to oneAos God-given nature, thus framing gender nonconformity as a deviation from divine intent.
It is worth mentioning that Islamic tradition does not condemn every mukhannath, contrary to common opinion.
It exhibits adaptability while addressing biological transsexual individuals, irrespective of their vocal or physical characteristics.
For instance.
Ibn ajar emphasized that the Prophetic censure targets those who deliberately deviate from their prescribed gender standards, not those with innate behavioral abnormalities.
Instead.
Islamic teachings suggest a compassionate approach, offering guidance to help individuals align with their designated identities.
Expanding on this.
Islamic legal perspectives articulate specific reasons for opposing the alteration of oneAos natural gender identity or transgenderism: the act of altering oneAos natural gender identity is seen as a violation of GodAos creation and is associated with the influence of Satan.
52 Its main goal is to change oneAos social and sexual roles, which goes against the teachings of the Prophet regarding effeminacy and masculinity.
53 This act is often motivated by the desire to conceal oneAos true identity, which is considered deceitful and prohibited in Islam.
as the Prophet says.
AuAnyone who plays deceit does not belong Haniff et al.
AuTransgender Rights in Accordance with Civil & Sharia Law: Malaysia and Asean Perspectives,Ay 1307.
49 AuWhat Is IslamAos Position on Transgenderism?,Ay Fiqh Council of North America.
June 17, 2022, https://fiqhcouncil.
org/fatwa-regarding-transgenderism/?.
50 al-BukhAr, auh Al-BukhAr (Beirut.
Lebanon: DAr al-Fikr, n.
), adth no 5886.
Ab DAwud alSijistAn.
Sunan Ab DAwd.
Ed.
Muuammad Muuy al-Dn Abd al-amd (Bayrt: al-Maktaba al-Ariyya, ), adth no 4930.
51 Ibn ajar al-AsqalAn.
Fatu Al-BAr, 10:332.
Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay 101.
52 Al-QurAn.
4: 19, n.
See also Muuammad al-Shanq.
AukAm Al-JirAua al-bbiyya (Riyad.
Saudi:
Maktaba al-ShAba, n.
), 135.
53 Ibn ajar al-AsqalAn.
Fatu Al-BAr, 10:333.
KhAlid Manr.
Al-AukAm al-ibbiyya al-Mutaalliqa Bi alNisA Fi al-Fiqh al-IslAm, 204.
Mazahib: Jurnal Pemikiran Hukum Islam to our community.
Ay54 The surgical procedure involved in this process is comparable to castration, which the Prophet prohibited his companions from doing.
From a medical perspective, this procedure is deemed inessential from a medical standpoint, as it is pursued for cosmetic rather than legitimate medical purposes.
It also poses a risk of complications from post-surgical procedures or hormone medication.
Hence, the ProphetAos prohibition on causing intentional damage to oneAos own body deems it forbidden in Islam.
Furthermore, individuals who undergo this procedure often encounter challenges in gaining acceptance from the Muslim community, resulting in considerable psychological distress.
However, with the rise of global advocacy for LGBT rights and the recognition of diverse gender and sexual identities, these discussions have expanded beyond traditional frameworks, creating both challenges and points of contention.
The following section will explore how the global discourse on LGBT identities intersects with Islamic perspectives and examine the unique stance of Bangladesh, a Muslim-majority country grappling with these evolving global dynamics.
IV.
Global LGBT Discourses An ongoing topic that continues to get significant public attention in the mainstream media, whether in print or electronic form, is the discourse surrounding lesbian, gay, bisexual, and transgender (LGBT) communities.
57 In order to gain a comprehensive understanding of the LGBT notion, it is important to provide precise descriptions of the four concepts involved.
The term AulesbianAy was derived from the island of Lesbos, which was located in the middle of the Egis Ocean during the ancient Greek age.
Two homosexual women.
Princess Shappo and Athis, resided on the island.
Consequentially, the women who were attracted to one another were referred to as lesbians or lesbos.
They are women who have an impact on the sexual orientation of other women.
Gay is a term that refers to the sexual orientation of men in comparison to other males.
lesbians and bisexuals, they are classified as homosexuals.
Pansexuals, also referred to as 54 Ibn MAjah.
Sunnan Ibn MAjah, 2:23.
Muuammad ShAfi MiftAu.
JirAuAt Al-Dhukra Wa-al-Untha F Uaw al-ibb Wa-al-Fiqh al-IslAm, 480.
55 auh Al-BukhAr, 936.
al-Shanq.
AukAm Al-JirAua al-bbiyya, 136.
56 al-Shanq.
AukAm Al-JirAua al-bbiyya, 136.
Muuammad ShAfi MiftAu.
JirAuAt Al-Dhukra Wa-al- Untha F Uaw al-ibb Wa-al-Fiqh al-IslAm, 489Ae90.
FawAz Aliu.
AuJirAuat Al-Khuntha Wa Taghyr alJins Fi al-QAnn al-SrAy 19:2 .
: 58.
Haneef.
AuSex Reassignment in Islamic Law: The Dilemma of Transsexuals,Ay 102Ae3.
57 Afif.
AuIslam and Transgender (A Study of Hadith about Transgende.
,Ay 185.
To know more about the LGBT discourse, see Elizabeth Peel and Damien W.
Riggs.
AuLesbian.
Gay.
Bisexual, and Transgender Psychologies,Ay in The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies (John Wiley & Sons.
Ltd, 2.
, 1Ae6, https://doi.
org/10.
1002/9781118663219.
B Moradi.
AuLesbian.
Gay.
Bisexual, and Transgender Issues,Ay in Encyclopedia of Mental Health (Second Editio.
, ed.
Howard S.
Friedman (Oxford: Academic Press, 2.
, 19Ae24, https://doi.
org/10.
1016/B978-0-12-397045-9.
16 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin bisexuals, are individuals who encounter a sexually romantic attraction to both genders, irrespective of their gender identity.
This third form of sexual orientation is classified as either heterosexual or homosexual.
Transgender is distinct from the previous three classifications in that it is not determined by sexual orientation.
However, the transgender community may identify as heterosexual, homosexual, heterosexual-homosexual, or even It primarily refers to an individualAos experience of gender identity.
These individuals have recognized their identity and gender in a way that differs from their biological sex.
In this case, individuals assigned as male at birth have identified themselves as female.
This result is due to their discontentment and a lack of balance between their physical and emotional selves.
According to the previous understanding.
Scott Kugle examines the intersection of homosexuality and Islam and offers a concise explanation:
AuGay men whose identity is largely and indelibly shaped by their sexual attraction to other males, and Lesbian whose identity is similarly shaped by sexual attraction to females.
Transgender people Ae those born as or perceived to be men but who identify as women .
ale-to-female transgende.
and those born as or perceived to be women but who identify as men .
emale-to-male transgende.
Ay59 In Islamic literature, the term commonly used to refer to those who identify as gay or part of the LGBT community is liwA.
The term AuliwAAy is derived from the root word Aul,Ay which has an etymological meaning of love and attachment, explicitly referring to the love that is deeply ingrained in the heart .
l-uubb al-lAziq bi al-qal.
60 Simultaneously, the perpetrator is identified as luyy.
61 Based on the story of the people of Lt in the QurAn (Q.
7:84 and Q.
11:77Ae.
, experts in Islamic law.
Tafsr .
he interpretation of the QurA.
, adth .
rophetic narration.
, and linguistics all agree on what the words AuliwAAy 58 Afif.
AuIslam and Transgender (A Study of Hadith about Transgende.
,Ay 185Ae86.
M Kholid Muslih et al.
AuCriticism of the Pro-LGBTAos Misinterpretation of the Quranic Verses on the Illegality of LGBT,Ay Jurnal Ushuluddin 30, no.
: 22Ae23.
To know details about the each concept according to the medical and health concern, see Sonja J.
Ellis.
Damien W.
Riggs, and Elizabeth Peel.
AuLesbian.
Gay.
Bisexual.
Trans.
Intersex, and Queer Psychology: An Introduction,Ay Higher Education from Cambridge University Press (Cambridge University Press.
September 12, 2.
, https://doi.
org/10.
1017/9781108303750.
Gwendolyn P.
Quinn et al.
AuThe Importance of Disclosure:
Lesbian.
Gay.
Bisexual.
Transgender/Transsexual.
Queer/Questioning, and Intersex Individuals and the Cancer Continuum,Ay Cancer 121, no.
: 1160Ae63, https://doi.
org/10.
1002/cncr.
59 Kugle.
Homosexuality in Islam, 9.
For further insights into KugleAos perspective on Homosexuality, see Scott Alan Kugle.
Living Out Islam: Voices of Gay.
Lesbian, and Transgender Muslims (NYU Press, 2.
Alberto Ramos Vicario.
AuTwo Extreme Positions Ae A Gender Studies Approach to Homosexuality in Islam,Ay August 15, 2023, 26Ae31, https://gupea.
se/handle/2077/78200.
60 Muuammad ibn Mukarram Ibn Maner.
LisAn Al-Arab (Cairo: DAr al- MaArif, n.
), 4099.
61 Majmaal-Lughah al-Arabiyyah.
Al-Mujam al-Was, 2nd edition (Cairo: DAr al- MaArif, 1.
, 846.
Mazahib: Jurnal Pemikiran Hukum Islam and AuluyyAy mean.
62 This concept pertains to sexual conduct and sexual preference, which psychologically encompasses emotions of affection and allure.
Islamic literature also includes the phrase AuSiuAq,Ay63 which refers to womenAos conduct towards other women, like their interactions with males.
This is in addition to the word liwA.
However, a lengthy discussion has been surrounding the liwAt or LGBT in Islam, focusing on the varying interpretations of QurAnic verses like Q.
49:13, 7:80Ae84, and 11:77Ae82.
This issue has become heavily intertwined with theological discussions.
Advocates for the LGBT community passionately defend LGBT peopleAos existence and They seek these verses to validate and rationalize LGBT behavior, transforming it into a movement that warrants acknowledgment and acceptance of its existence.
However, traditional Islamic teachings prohibit engaging in LGBT behavior in the QurAn, deeming it a violation of the shara.
The story of the people of Lt exemplifies actions that stray from the principles of Islam.
While traditional Islamic perspectives largely frame LGBT behavior as a deviation from religious principles, the global discourses surrounding LGBT rights have gained 62 Bakr Ibn AbdullAh Ab Zayd.
Mujam Al-ManAhi al-Lafeiyya Wa FawAid Fi Alfae (Riyadh: Dar al- Aima, 1.
, 477.
63 Sayyid SAbiq.
Fiqh As-Sunna, 4th ed.
(Beirut.
Lebanon: DAr al-Fikr, 1.
, 51.
64 WijAra al-AwqAf wa al-Shun al-IslAmiiyya.
Mawsa Al-Fiqh-IslAm, 1st ed.
, vol.
XXIV, (Egypt: DAr as- afwa, 1.
, 251.
Muslih et al.
AuCriticism of the Pro-LGBTAos Misinterpretation of the Quranic Verses on the Illegality of LGBT,Ay 23.
65 To know details of this phenomena and debates, see Muslih et al.
AuCriticism of the Pro-LGBTAos Misinterpretation of the Quranic Verses on the Illegality of LGBT,Ay 21Ae33.
Stefanie Lee Martin.
AuThe Role of Homosexuality in Classical Islam,Ay 1997.
Kugle.
Homosexuality in Islam.
Scott Kugle and Stephen Hunt.
AuMasculinity.
Homosexuality and the Defence of Islam: A Case Study of Yusuf al-QaradawiAos Media Fatwa,Ay Religion and Gender 2, no.
: 254Ae79.
Junaid B Jahangir and Hussein Abdul-Latif.
AuInvestigating the Islamic Perspective on Homosexuality,Ay Journal of Homosexuality 63, no.
: 925Ae Jaspal.
AuIslam and HomosexualityAy (John Wiley and Sons, 2.
, https://doi.
org/10.
1002/9781118663219.
AuHomosexualities.
Muslim Cultures and Modernity SpringerLink,Ay June https://link.
com/book/10.
1057/9781137002969.
Javaid Rehman Eleni Polymenopoulou.
AuIs Green a Part of the Rainbow: Sharia.
Homosexuality, and LGBT Rights in the Muslim World,Ay Fordham International Law Journal https://heinonline.
org/HOL/Page?handle=hein.
journals/frdint37&id=15&div=&collection=.
Ramos Vicario.
AuTwo Extreme Positions Ae A Gender Studies Approach to Homosexuality in Islam,Ay 15Ae39.
AuThe Politics of LGBT Muslim Identities,Ay accessed May 4, 2024, https://w.
info/2015/04/02/the-politics-of-lgbt-muslim-identities/.
Shanon Shah.
AuConstructing an Alternative Pedagogy of Islam: The Experiences of Lesbian.
Gay.
Bisexual and Transgender Muslims,Ay Journal of Beliefs & Values 37, no.
: 308Ae19.
Junaid Jahangir and Hussein Abdullatif.
AuHomosexuality:
The Emerging New Battleground Islam,Ay https://hdl.
net/20.
14078/3098.
H Umar and USTS Jambi.
AuIslamic Law Perspective On Lgbt Behavior (Lesbian.
Gay.
Bisexual And Transgende.
,Ay International Journal of Southeast Asia 2, no.
66 To know details about the SaraAos perspective on LGBT, see Umar and Jambi.
AuIslamic Law Perspective On Lgbt Behavior (Lesbian.
Gay.
Bisexual And Transgende.
Ay 18 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin significant momentum, emphasizing inclusivity and legal recognition.
This shift brings to light a nuanced and often challenging balance among cultural traditions, religious beliefs, and universal human rights, as reflected in various international initiatives to promote the rights and protections of LGBT individuals.
Notably, in 2011, the United Nations achieved a significant milestone in acknowledging the rights of individuals who identify as LGBT .
This accomplishment was marked by the adoption of a resolution that not only recognized these rights but also published a comprehensive report outlining the various forms of violations experienced by LGBT individuals, such as hate crimes, the criminalization of homosexuality, and discriminatory practices.
67 Subsequently.
September 26, 2014, saw the adoption of United Nations Resolution A/HRC/RES/27/32, titled AoAoHuman rights, pertaining to sexual orientation and gender identity,AoAo marking additional advancements.
The United Nations Human Rights Council (UNHRC) Report of June 1, 2015, titled AuUN Human Rights Council Report: Discrimination and Violence against Individuals Based on Their Sexual Orientation and Gender Identity,Ay sheds light on this movement.
This movementAos primary mission was to enact adequate national laws recognizing and supporting LGBT individuals.
This entails the elimination of legislation that hinders the acknowledgment of LGBT and intersex individuals, along with support for consensual same-sex relationships.
The report further seeks to address the issue of hate crimes against LGBT and intersex individuals by proposing legislation that would limit forced medical treatment, safeguard their legal identity based on gender, and encourage national governments to consider and take into account the perspectives of civil society.
LGBT people, and intersex people when formulating laws.
Given its growing commitment to promoting the rights of the LGBT community, in June 2016, a further resolution was passed by UNHRC to safeguard individuals from violence and discrimination relating to their sexual orientation and gender identity.
This resolution seeks to tackle the pressing issues of xenophobia, 67 AuA/HRC/19/41: Discriminatory Laws and Practices and Acts of Violence against Individuals Based on Their Sexual Orientation and Gender Identity,Ay OHCHR, accessed June 21, 2024, https://w.
org/en/documents/thematic-reports/ahrc1941-discriminatory-laws-andpractices-and-acts-violence-against.
68 AuRES/27/32 Human Rights.
Sexual Orientation and Gender Identity / RightDocs - Where Human Rights Resolutions Count,Ay accessed June 21, 2024, https://w.
right-docs.
org/doc/a-hrc-res-2732/.
See also AuCivil Society Organisations and LGBT Rights in Bangladesh: A Critical Analysis - Paul Chaney.
Seuty Sabur.
Sarbeswar Sahoo, 2020,Ay 9, accessed May 4, 2024, https://journals.
com/doi/abs/10.
1177/0973174120950512.
69 See for details AuA/HRC/29/23: Discrimination and Violence against Individuals Based on Their Sexual Orientation Gender Identity,Ay OHCHR.
June https://w.
org/en/documents/thematic-reports/ahrc2923-discrimination-and-violenceagainst-individuals-based-their.
See also Khan.
Noreen, and Badshah.
AuConcept of Transgender and Islamic Concept of Family,Ay 37Ae38.
Mazahib: Jurnal Pemikiran Hukum Islam homophobia, and transphobia by fostering awareness and engaging a wide range of stakeholders, including academia, civil society organizations, and human rights In addition, the resolution suggested the selection of an impartial specialist to promote these objectives further.
70 Similarly, the Human Rights Council (HRC) passed a new resolution on July 12, 2019.
It examined the Independent ExpertAos role in protecting against violence and discrimination based on sexual orientation and gender 71 The United Nations Human Rights Office additionally introduced the AuFree & Equal: United Nations for LGBT EqualityAy campaign, aiming to foster inclusivity and equality on a global scale.
Despite global momentum for gender inclusivity, resistance endures in areas where social and cultural values conflict with international advocacy.
For instance, back in 2013, the Bangladeshi government took a stance against the UN Population FundAos motion to advocate for LGBT rights during the Sixth Asian and Pacific Population Conference.
AK Abdul Momen.
BangladeshAos former representative to the UN, argued that implementing such measures would go against the countryAos prevailing societal norms.
This stance reflects the ongoing tension between global advocacy for gender inclusivity and the deeply embedded social, cultural, and religious values that shape society in Bangladesh.
Controversies and Debates Between Hijra (KhunthA) and Transgender Identities in Bangladesh The Bangladesh government officially recognized the hijra or hermaphrodite .
hunthA) community as a distinct third gender in November 2013, a recognition that has gained widespread acceptance within the nation.
This acknowledgment was noteworthy for the non-governmental sector and the global community.
In 2014, the Ministry of Social Welfare initiated an annual event called AoAohijra pride,AoAo during which hijra collectives paraded around the city to honor and celebrate their unique identity.
However, the recognition of hijras as a distinct third gender has brought their cultural and social identity into the spotlight, igniting broader discussions about the overlap 70 AuRES/32/2 Protection against Violence and Discrimination Based on Sexual Orientation and Gender Identity / RightDocs - Where Human Rights Resolutions Count,Ay accessed June 17, 2024, https://w.
right-docs.
org/doc/a-hrc-res-32-2/.
71 UN Human Rights Council .
st sess : 2019 : Genev.
AuMandate of the Independent Expert on Protection against Violence and Discrimination Based on Sexual Orientation and Gender Identity ::
Resolution /: Adopted by the Human Rights Council on 12 July 2019,Ay July 19, 2019, https://digitallibrary.
org/record/3832139.
72 AuUN Free & Equal | Transgender,Ay accessed June 17, 2024, https://w.
org/en/know-thefacts/challenges-solutions/transgender.
73 AuUNFPA for Gay Rights in Bangladesh,Ay Dhaka Tribune, accessed June 21, 2024, https://w.
com/bangladesh/laws-rights/38481/unfpa-for-gay-rights-in-bangladesh.
20 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin between traditional hijra identities and evolving transgender narratives.
These issues, deeply intertwined with the sociopolitical landscape of Bangladesh, have gained prominence through recent controversies over how gender inclusivity is represented in educational content and public discourse.
One such controversy arose from the action of a teacher at a private university, which ultimately led to his termination and ignited widespread debate.
On January 19, 2024.
Asif Mahtab, an adjunct lecturer in the philosophy department at BRAC University in Bangladesh, expressed concern about the indoctrination of children through the inclusion of transgender narratives in textbooks.
He tore two pages from a recently published seventh-grade curriculum book and encouraged everyone present to do the These pages contain a chapter titled AuThe Story of Sharfa,Ay intended to educate students about lives outside the typical male/female binary.
However, confusion and controversies arose because the textbook uses the term AuhijraAy somewhat interchangeably with Autransgender.
Ay The story depicts the experiences of a former student named Sharif .
boyAos nam.
who returns to school now living as Sharfa .
femaleAos nam.
74 At this point, one might question whether Sharif/Sharifa identifies as KhunthA/hijra, which is considered legally a third gender in Bangladesh, or transgender.
The answer is that Sharf/Sharfa is depicted as a transgender individual rather than an intersex person.
In the story.
Sharfa narrates.
AuEveryone called me a boy in my childhood, but I eventually understood that even though my body was like that of a boy.
I was a girl.
Ay She loved wearing girlsAo clothes and doing Auhousehold chores with .
motherAy rather than typical boy activities.
75 This clarifies that Sharf was biologically male at birth but identified as female, matching the definition of a transgender woman.
Indeed, in a dialogue from the textbook, a student asks how Sharf Aubecame a girl from a boy,Ay to which Sharfa replies.
AuI am still what I wasA I only changed my name.
Ay76 In other words, she always internally felt femaleAiindicating a gender transition in identity, not a physical sex change at birth.
Moreover, the story never mentions any biological Sharfa says.
AuMy bodyA was like that of a boy,Ay implying a typical male 77 Authoritative analyses confirm this: the textbook portrays Sharfa as a transgender AuThe Fight for AoThe Story of Sharifa,AoAy The Daily Star.
January 30, 2024, https://w.
net/opinion/views/news/the-fight-the-story-sharifa-3531581.
75 Colin Stewart.
AuTrans YouthAos Story in Grade 7 Textbook Triggers Dispute in Bangladesh,Ay May 20, 2024, https://76crimes.
com/2024/05/20/trans-youths-story-in-grade-7-textbook-triggers-dispute-inbangladesh/.
76 AuPAhyaboi te Hijra: AoSharifAo theke AoSharifaAo howar golpe tulkAlam [Hijra in textbooks: The story of becoming AoSharifAo from AoSharifA.
,Ay The Daily Campus.
January 3, 2024.
77 Stewart.
AuTrans YouthAos Story in Grade 7 Textbook Triggers Dispute in Bangladesh.
Ay Mazahib: Jurnal Pemikiran Hukum Islam woman who Aulooks like .
boy, but in her mind she is a girl.
Ay78 There is no hint that Sharf/Sharfa was a biological khunthA or hijra.
Consequently, following this event and ensuing controversy, on January 22, 2024.
BRAC university administrators notified Asif Mahtab of their intention to terminate his contract renewal.
79 During an interview.
Asif shared his concern that the inclusion of such narratives under the guise of hijra representation was an attempt to normalize transgenderism, which he argued amounted to AubrainwashingAy children by incorporating such narratives in educational materials.
80 During a public interview.
Sharmin Sultana Kaniz, a doctor and parent, sharply criticized the inclusion of a textbook chapter addressing gender identity, particularly at the seventh-grade level.
She remarked.
AuI cannot give my child such a wrong education through textbooks.
Ay Her concern centers on what she views as a premature and factually flawed introduction of complex gender concepts to young students.
She further stated.
AuThis is a very wrong move.
None of us would have known if this teacher had not made such a statement.
How can it say that a transgender person and a hijra person are the same thing?Ay81 Her critique underscores the pedagogical risk of conflating distinct identities, which may lead to confusion rather than awareness among students.
While some parents acknowledged the importance of including such topics in education, they nonetheless expressed concerns regarding the accuracy and clarity of the Their critique was not about the presence of gender-diverse content but that Authe information is neither clear nor correct.
Ay Transgender rights activists have echoed similar concerns.
Joya Sikder.
President of Somporker Noya Setu (SNS), an organization dedicated to promoting the rights of transgender people, pointed out a critical flaw in the chapterAos terminology.
She stated.
AuTransgender and hijra are not the same thing.
When you think of the term hijra, you assume that this is a person who, because of their biology, is neither male nor female or both male and female.
It is often assumed that they fall into the category of intersex people.
Ay Sikder emphasized that this conflation misrepresents both communities and perpetuates long-standing misconceptions, especially within the South Asian context, where hijra is historically tied to cultural and intersex identities.
the same time, transgender refers more broadly to gender identity that differs from oneAos 78 AuPAhyaboi te Hijra: AoSharifAo theke AoSharifaAo howar golpe tulkAlam [Hijra in textbooks: The story of becoming AoSharifAo from AoSharifA.
Ay Recent Incident,Ay January 29, 2024, https://w.
bd/news/statementrecent-incident.
AuSharifaAos Story: BRAC University Clarifies Reason for AsifAos Sacking,Ay News Media.
January 29, 2024, https://bdnews24.
com/bangladesh/5662dssup9.
80 AuInclusion of Transgender Rights Chapter in Bangladesh School Textbooks Sparks DebateAy.
AuIAB Takes to Streets over Transgender Story in Textbook.
Ay 81 AuSharifaAos Story Controversy: WhoAos Right and WhoAos Wrong?,Ay Dhaka Tribune.
January 25, 2024, https://w.
com/bangladesh/337666/sharifa-s-story-controversy-who-s-right-andwho-s.
79 AuStatement on the 22 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin sex assigned at birth.
82 So, it appears the textbookAos portrayal blurred the distinction between an intersex third-gender person and a transgender person.
On social media, some accused the textbook of teaching that Auif someone looks like a boy but thinks he is a girl, then he is a girl,Ay calling it a Aubrainwashing conspiracyAy of AugenderAy ideology.
Dr.
Mahadi Hasan.
A Dhaka University teacher, railed that the lesson was Auproving AllahAos creation wrongAy and indoctrinating children with an anti-religious ideology that he claims will destroy human civilization.
This explicitly religious objection frames SharfaAos transition as an affront to divine order.
Similarly, another critic.
Dr.
Mohammad Sarwar Hossain, who is a teacher at a private university, described the chapter as teaching a Augender distortion doctrineAy and demanded the removal of Authat perverse ideologyAy from textbooks.
He asked.
AuWhat does the country hope to achieve by including the gender distortion doctrine in the seventh-grade textbook?Ay83 These comments show that what offended them was the idea that a person can change or assert a gender different from their birth sex, which they see as morally wrong or Auunnatural.
However, the societal rejection depicted in the storyAiand mirrored in real-life reactionsAistems from Sharfa being transgender .
nd thus defying traditional gender norm.
, not from being intersex.
In the story, young Sharf faced ostracism and bullying because of her feminine behavior: classmates, neighbors, and even family Aulaughed at .
voice and behaviorAy and refused to include her, leaving her feeling isolated.
84 This reflects a social bias against a person who is perceived as a boy acting like a girl, i.
gender nonconformity.
Transgender individuals in South Asia commonly face such There is no indication that anyone rejected Sharif for ambiguous anatomy .
hich they did not hav.
AueveryoneA ignored .
Ay due to her feminine identity.
To address this issue.
Abul Momen, the textbook editor, explained that including this content encouraged greater acceptance and understanding of marginalized communities while addressing prejudice.
Momen acknowledged the ongoing debate around concepts like transgender and hijra but emphasized that they thoughtfully crafted the content for children, with the primary goal of fostering empathy and respect for minorities, promoting inclusivity, and avoiding unnecessary controversy.
86 Md.
Mashiuzzaman, a former member of the National Curriculum and Textbook Board, remarked that the book does not address the topic of transgenderism.
however, it encompasses different 82 AuSharifaAos Story Controversy.
Ay 83 AuPAhyaboi te Hijra: AoSharifAo theke AoSharifaAo howar golpe tulkAlam [Hijra in textbooks: The story of becoming AoSharifAo from AoSharifA.
Ay 84 Too read full story, see Stewart.
AuTrans YouthAos Story in Grade 7 Textbook Triggers Dispute in BangladeshAy.
AuPAhyaboi te Hijra: AoSharifAo theke AoSharifaAo howar golpe tulkAlam [Hijra in textbooks: The story of becoming AoSharifAo from AoSharifA.
Ay 85 Stewart.
AuTrans YouthAos Story in Grade 7 Textbook Triggers Dispute in Bangladesh.
Ay 86 AuSharifaAos Story: Debate Erupts in Bangladesh over Textbook Lesson on Third Gender People,Ay News Media.
January 24, 2024, https://bdnews24.
com/society/rod076voig.
Mazahib: Jurnal Pemikiran Hukum Islam groups to provide students with an understanding of the parallels and disparities among Tarique Ahsan, a professor of Dhaka UniversityAos Institute of Education and Research, argues that AuThe Story of SharfaAy in the textbook aims to foster positive thinking in society, particularly among those still influenced by negative thoughts.
He believes that the legally recognized third gender, or hijra, has rights and is integral to a diversified human race.
however, detrimental perceptions have led to their marginalization and deprivation of rights, urging future generations to eschew such behaviors.
88 The former Education Minister Mohibul Hassan Chowdhoury Nowfel addressed concerns raised by a group regarding the use of the term AutransgenderAy in SharfaAos story.
He clarified that the term AutransgenderAy was being conflated with Authird gender,Ay which refers explicitly to the hijra community, a legally recognized group that has the same rights as other Conversely, a group of conservative Islamic scholars .
lamA) established the AuNational Muft BoardAy under Al-Hayat al-UlyA lil-JAmiAt al-Qawmiyyah Bangladesh (Supreme Authority over Qawm madrasahs .
raditional Islamic institution.
of Banglades.
to initiate a campaign and a collective fatwA against transgenderism and its narratives in educational content.
A five-member committee of well-known Islamic legal scholars .
,90 chaired by MawlAnA Muuammad Abdul MAlik of Markaz al-Dawah al-IslAmiyyah.
Dhaka, prepared the fatwA, which was unanimously issued by the board.
The fatwA declares transgenderism fundamentally incompatible with Islamic teachings.
The fatwA affirms that AllAh (Go.
has uniquely created individuals as male or female, each with unique roles and responsibilities, and views altering oneAos gender identity as a distortion of AllAhAos creation and a deviation from the established natural order in Islam.
As a result, they consider transgenderism a manifestation of disbelief .
and warn against embracing ideologies that conflict with the QurAn and Sunnah.
A member of the AuNational Muft BoardAy Muft MizAn al-RaumAn Sad, expressed the notion in an interview that Aualtering oneAos identity through surgery is regarded as a form 87 AuSharifaAos Story: Debate Erupts in Bangladesh over Textbook Lesson on Third Gender People.
Ay 88 AuSharifaAos Story: Debate Erupts in Bangladesh over Textbook Lesson on Third Gender People.
Ay 89 AuSharifaAos Story: Debate Erupts in Bangladesh over Textbook Lesson on Third Gender People.
Ay 90 The other four members of the committee are: 1.
MawlAnA Maufe al-aqq, a member of Al-Hayat al- UlyA lil-JAmiAt al-Qawmiyyah Bangladesh.
Muft MizAn al-RaumAn Sad, of Shaykh ZakariyyA Research Center.
Kuril.
Dhaka.
MawlAnA Muft Abdus SalAm, of JAmiah Arabiyyah ImdAd alUlm.
Faridabad.
Muft Muuammad KifAyatullAh, of Al-JAmiah al-Ahliyyah DAr al-Ulm Mun al-IslAm.
Hathazari.
91 AuTransgender Akti Kufr Matabad (Transgenderism: A Heretical Ideolog.
,Ay Monthly al-Kawsar.
June 2024, https://w.
com/bn/article/3615/?.
To see the full fatwA, go through this, https://w.
com/bn/article/3633/? 24 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin of interference with GodAos (AllA.
Ay92 In response to his notion.
Tanisha Yeasmin Chaity, a transgender rights advocate, criticized it as inhumane, arguing that it unfairly stigmatized the transgender community as being anti-Islamic.
She questioned the rationale behind such campaigns, asking.
AuIf a person is born with a medical condition, does it not deserve treatment? Why, then, should addressing gender-related issues be considered an offense?Ay93 Later on.
MawlAnA Sayd al-aq criticizes the inclusion of transgender-related topics in BangladeshAos national curriculum, viewing it as an effort to normalize Western ideologies that contradict the countryAos religious and cultural values.
He also argues that this approach fosters confusion and undermines traditional beliefs, framing it as part of a broader agenda to impose controversial ideologies under the pretext of inclusivity and human rights.
He condemns transgenderism as Authe root of all filth and obscenity,Ay labeling it a grave form of kufr .
and a heinous crime in Islam, and he asserts that altering gender identity contrary to biological sex invites the curse of Allah and His Messenger upon those who engage in such practices.
He further argues that the societal and legal recognition of transgender identities could lead to profound challenges in redefining gender and sexuality.
As an example, he presents a hypothetical scenario involving a man named Sharf AumAd, who identifies as a woman and changes his name to Sharfa.
Once accepted as a woman by law and society, questions arise about SharfaAos choices in marriage or fulfilling sexual needs.
If Sharfa marries a man, it may be perceived as a same-sex marriage or a same-sex relationship, given SharfaAos biological identity.
Conversely, if Sharfa chooses a woman as a partner, the relationship could be considered a form of homosexuality.
It is worth mentioning that homosexuality is considered a grave offense, both within religious and societal norms in Bangladesh.
It is a prosecutable violation, according to the national legislation.
Section 377 of the Penal Code of Bangladesh (Act No.
45 of 1.
explicitly states:
Au377.
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with .
for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ay96 92 AuInclusion of Transgender Rights Chapter in Bangladesh School Textbooks Sparks Debate.
Ay 93 AuInclusion of Transgender Rights Chapter in Bangladesh School Textbooks Sparks Debate.
Ay 94 Sayd al-aq.
AuTransgender Issue in National Curriculum What Happened to SharifaAos Story at the End,Ay accessed July 5, 2024, https://w.
com/bn/article/3602/ (Translated from Bengal.
95 al-aq.
AuThe Penal Code, 1860 | 377.
Unnatural Offences,Ay accessed July 5, http://bdlaws.
bd/act-11/section-3233.
http://bdcode.
bd/upload/bdcodeact/2019-07-21-10-23-27-18_Penal_code.
Mazahib: Jurnal Pemikiran Hukum Islam Consequently, in line with the aforementioned perspectives and the stipulations of national legislation, it can be said that Bangladeshi Islamic scholars recognize hijras as people who deserve compassion and can be assigned a gender based on predominant biology or later medical determination .
hunthA).
Such individuals are considered AllahAos creation .
sl al-khilqa.
with a congenital condition, not sinners.
In contrast, a biologically male person choosing to live as a female .
is widely viewed by conservative clerics as violating Islamic law and norms.
This distinction is evident in the response to Sharfa.
So, the backlash against SharifaAos story was driven by her transgender identity and transition.
Both in the story and society, the character faced prejudice for living as a woman despite being born male.
In support of the above-mentioned reasoning by MawlAnA Sayd al-aq, the uncritical proliferation of transgenderism arguably and claiming hijra identity without proper assessment or verification may result in grave repercussions, especially involving cases of adultery, sexual abuse, and rape.
Individuals who legally recognize and claim a different gender may gain unrestricted access to spaces traditionally reserved for the opposite sex.
It raises concerns about the safety and privacy of women, as dishonest individuals may exploit this opportunity to misuse these provisions to perpetrate acts of violence or Furthermore, without a rigorous system to assess the genuineness of oneAos hijra identityAisuch as a proper medical or psychological evaluationAithere remains the risk of individuals fraudulently pretending to be hijra and exploiting institutional leniency.
In 2015, an incident occurred when the Ministry of Social Welfare employed fourteen hijras as entry-level administrative assistants or agents.
however, a medical examination revealed that all the applicants were biologically male, except for one candidate who lacked male genitalia but was still genetically male.
As a result, the authorities dismissed them from their positions, alleging that they were pretending to be hijra.
97 The incident revealed potential misuse when hijra identity is accepted without clear medical criteria.
Additionally, accommodating transgender individuals in various institutionsAisuch as universities, colleges, schools, and prisonsAihas become a contentious issue worldwide with significant implications.
A pertinent example is the case of Demi Minor, an inmate in the United States who was assigned male at birth but identified as female.
In 2022.
Minor was transferred to the Edna Mahan Correctional Facility for Women in New Jersey following transgender rights policies.
While housed with female inmates.
Minor engaged in consensual sexual relationships, leading to the pregnancies of two female inmates.
97 See for details Hossain.
AuThe Paradox of Recognition: Hijra.
Third Gender and Sexual Rights in Bangladesh,Ay 1418Ae19.
26 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin Following this incident, authorities transferred Minor back to a male correctional A similar incident occurred at the Washington Corrections Center for Women, where an inmate named Bryan Kim, identifying as Amber FayeFox Kim, was discovered engaging in sexual activity with a female inmate.
Kim, a transgender-identifying male, had been transferred to the womenAos facility under the stateAos gender-inclusion policy.
The incident prompted a hearing, highlighting the complexities and challenges associated with housing transgender inmates in facilities aligned with their gender identity.
99 In Scotland, the case of Isla Bryson, a transgender woman convicted of raping two women prior to transitioning, generated widespread controversy.
Bryson was initially placed in a female prison, prompting serious concerns about the safety and rights of female inmates.
The decision faced intense public backlash, leading authorities to transfer Bryson to a male prison facility.
This case highlights the ongoing and contentious debate surrounding the appropriate placement of transgender inmates, particularly those with histories of violence against women.
Although these cases occurred in non-Muslim.
Western contexts, they nonetheless raise significant concerns about the broader societal implications of transgender rights Suppose such challenges arise in liberal societies with well-established legal frameworks for addressing gender inclusivity.
In that case, the potential negative impacts in a Muslim-majority context like Bangladesh, where Islam is the state religion and conservative religious values play a central role in shaping societal norms, could have even greater repercussions.
However, in response to issues in Bangladesh, the newly formed interim government took notable steps in mid-September 2024 to address growing educational content Among these initiatives was forming a 10-member committee under the National Curriculum and Textbook Board (NCTB), tasked with reviewing and potentially amending school and college textbooks.
The committee included figures such as Dr.
Samina Luthfa, a sociology professor, and Dr.
Kamrul asan Mamn, a physics professor 98 Patrick Reilly.
AuTransgender Woman Demi Minor Impregnates Two Inmates at NJ Prison,Ay July 17, 2022, https://nypost.
com/2022/07/16/transgender-woman-demi-minor-impregnates-two-inmatesat-nj-prison/.
David Millward.
AuTrans Inmate Impregnates Two Other Prisoners,Ay The Telegraph.
July 17, 2022, https://w.
uk/world-news/2022/07/17/trans-inmate-impregnates-twoprisoners/.
AuTrans Woman Now in MenAos Prison After Impregnating 2 by Consensual Sex,Ay accessed November 6, 2024, https://w.
com/transgender/2022/7/20/trans-woman-now-mensprison-after-impregnating-2-consensual-sex.
99 AuTrans-Identifying Male in WomenAos Prison Reportedly Discovered Having Sex with Female Inmate,Ay accessed November 7, 2024, https://nypost.
com/2024/03/23/us-news/trans-identifying-male-inwomens-prison-reportedly-discovered-having-sex-with-female-inmate/.
100 Sian Bradley.
AuIsla Bryson: IAove Been a Hate Crime Victim.
Claims Transgender Rapist,Ay April 21, 2024, https://w.
com/uk/scotland/article/transgender-rapist-isla-bryson-claims-victim-hatecrime-98m3z8x9r.
Mazahib: Jurnal Pemikiran Hukum Islam at the University of Dhaka known for their progressive stances on gender issues like LGBTQ rights.
While the initiative aimed to mitigate controversies, it quickly faced criticism from religious groups, which viewed the reforms as secularist and contradictory to Islamic values.
Ultimately, under mounting religious pressure, the government disbanded the committee on September 28, 2024, 101 reflecting the broader difficulty of introducing reforms related to gender inclusivity in a context where religion significantly influences societal norms.
This incident further highlights the persistent tension between progressive reforms and deeply rooted religious and cultural values in Bangladesh, underscoring policymakersAo challenges in navigating these debates.
VI.
Conclusion This paper has explored the intricate intersections of Islamic jurisprudence, gender identity, and sociopolitical dynamics in Bangladesh by examining the distinct treatment of khunthA .
and transgender individuals.
Drawing from classical Islamic legal thought, contemporary fatwAs, case studies, and real-life incidentsAisuch as the controversy surrounding AuSharifaAos StoryAyAithe study finds that the conflation of khunthA or hijra with transgender identity in public discourse and educational content generates widespread confusion, societal backlash, and policy resistance.
While Islamic tradition generally acknowledges khunthA/hijra as part of divine creation .
l al-khilqa.
, transgender identity is often interpreted as an alteration of divine will .
aghyr al-khilqa.
, leading to greater theological and social rejection.
The paper also highlights how public controversies, such as the textbook protest in 2024 and the 2015 hijra job verification scandal, reflect more profound anxieties about unregulated gender identity claims and their implications for religious values and social safety.
Critics argue that the uncritical legal recognition of transgender identitiesAiwithout rigorous assessmentAicould lead to ethical and safety challenges, including potential misuse of gendered spaces such as prisons, schools, and universities.
This concern is echoed by conservative Islamic scholars who warn against the normalization of what they perceive as Western-derived ideologies that contradict Islamic norms.
Based on these findings, the paper suggests that gender-inclusive policies in Muslimmajority societies like Bangladesh should be context-sensitive.
Rather than importing foreign frameworks wholesale, policymakers should develop clear, faith-consistent guidelines that differentiate between traditional legitimate gender and socially constructed gender identities, uphold privacy and safety, and ensure protections are not exploited.
101 AuTextbook Curriculum Changes in Bangladesh | Govt Dissolves Committee Formed over Textbook RevisionAy.
AuGovt Dissolves Textbook Revision Committee | The Business StandardAy.
AuTextbook Review and Revision Committee DissolvedAy.
AuThe Education Ministry Dissolved the Committee on Saturday.
Prior to This.
Leaders of Several Religion-Based Organisations Raised Objections over Two Members of the Committees.
| Prothom Alo.
Ay 28 Md.
Mahdi Hasan & Zezen Zaenal Mutaqin Measures might include establishing authorized medical boards for gender verification, separate housing arrangements in sensitive institutions, and removing conceptual ambiguities under the guise of gender inclusivity in educational curricula.
This study underscores that sustainable gender-inclusive initiatives in Muslim-majority contexts should emerge with respect to Islamic legal, ethical, and cultural frameworks.
Only by reconciling rights-based approaches with religious legitimacy can such societies address gender diversity without provoking further division.
Future research might extend this analysis comparatively to other Muslim-majority nations, deepening understanding of how Islamic legal reasoning can guide equitable, culturally resonant gender policies.
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