Transgender in islam and their marriage is one of the new issues of our era. It does not mean that at the time of Prophet (PBUH&HP) no one was hermaphrodite. But the science of changing the sex into male or female, or curing this disorder to some extent had not been known yet. Therefore there is no verse or narration regarding this issue.

But how do we find out if transgender marriage is allowed (Halal) or forbidden (Haram) according to Islamic jurisprudence?

Transsexuals and Hermaphrodites

People who are known to be transsexual (a person who emotionally and psychologically feels that they belong to the opposite sex) or hermaphrodite (a person having both male and female sex organs or other sexual characteristics) are different from those who decide to be homosexual (lesbian or gay). Nevertheless, some of those who have homosexual tendencies may suffer from hermaphrodite disorders as well.

But the improvement of science these days has made it possible for transsexuals and hermaphrodites to go through a sex reassignment surgery (SRS) in which they can change their gender into the one they feel they belong to(obviously according to the physician’s opinion).

Since not having the operation and changing the sex may cause the person to commit a sin, or personal and social damages, it would be best if they can go through a sex reassignment surgery (SRS) and reduce these harms.

The Pessimistic Look at Transsexuals and Hermaphrodites

While transsexuality and hermaphrodites are obvious to be human disorders, most sufferers experience hostile encounters in the society.  It is important for the society, especially for Muslim communities, to become familiar with their issues and support them in a way that they can have a normal life alongside others.

One of the most offending manners towards them is to accuse them of having immoral sexual behaviors.  It should be very well understood by the society that accusing them of adultery is a forbidden (Haram) act according to Islam. We should keep in mind that they are human beings with all the rights and needs of a human.

The only difference is that they suffer from a disease, which makes them even more vulnerable. Hence they need special support from the society; such as disability support services provided by the government. 

Is Marrying a Transgender in Islam Forbidden (Haram)?

Since marriage, according to Islam and all the other Abrahamic religions is based on sexual differences, it is clearly false for a Muslim to marry a person with unknown gender. If a Man marries a transsexual with unknown gender, he cannot be sure if he has married a male or a female, therefore, that should become clear before marriage.

But if the sufferer has gone through the sex reassignment surgery (SRS) and the gender is now obvious, then there is no problem for a Muslim man or a Muslim woman to marry such a person under the Islamic rules of marriage.

However, they should both be aware that people who change their gender, will not be able to have children at all. (We hope that human knowledge can solve this issue in the near future). So, people who have had a sex reassignment surgery (SRS) should inform their “spouse to be” of their surgery and the consequences of the operation.

To conclude, we understand that marriage between or to a transgender -after the operation- is allowed (Halal) according to Islam and the couples may be able to shape a great family in which they feel comfort and relief. And if they wish to have children, they could always adopt a child which is strongly recommended in Islam.

As stated in the first part, Islam brought about reforms in the customs previous nations, including Arabs, had in practicing polygamy in Islam:

The Limitation in the Polygamy in Islam

The first reform Islam enforced was the restriction it imposed upon polygamy. Before the advent of Islam, there was no limit to the number of wives. One man could keep hundreds of wives and thus establish a harem for them, just as the ones some kings had, which is strictly banned in the religion of Islam.

However, Islam put a maximum limit on their number, and an individual was not allowed to have more than four wives simultaneously.

Justice:

The other reform that was made upon polygamy in Islam was the condition under which there must never be, for any reason, discrimination between the wives or their children. The Holy Quran explicitly commands:

"But if you fear that you may not treat them fairly, then [marry only] one" (4:3)

As a matter of fact, those men who can observe full justice with a number of wives are very few. It is clearly stated in the following verse of the Quran which is in association with the previous verse:

"you will not be able to be fair between wives, even if you are eager to do so..." (4:129)

Allah explains here that justice between the wives in its true sense - to stand exactly in the middle of the extremes - is beyond human power even if one may wish it. What a man is obliged to do is that he should not be totally inclined to one of them, leaving the other one as she were in suspense… [1].

Other conditions for Polygamy in Islam

Besides these two main restrictions, there are other responsibilities and duties polygamous men have to fulfill toward all their wives; such as Nafaqah (alimony) and Mahrieh (marriage portion), etc. [see the article about the rights of the wife over her husband]

The Best Form of Marriage in Islam

Ultimately, there is no dispute about the fact that monogamy is better; it is actually the best and most natural form of marriage in Islam. Obviously, the spirit of marital life which is oneness and unity is attained better and with more perfection with a single spouse.

It is only within this form of marriage that family commitment makes sense, and the great bond that unites the hearts of husband and wife makes them become one soul and one flesh [2].

Polygamy in Islam, on the other hand, rises from a social problem that rests heavily on the shoulders of all men and married women and for which a better solution has not yet been found. We have to face the fact that monogamy is not practical in specific social circumstances, and polygamy -under the mentioned conditions- is the most significant saving factor for monogamy.

A Choice between Conflicting Alternatives

One of two alternatives should be chosen: either the restricted acceptance of polygamy -as a duty rather than pleasure-, or the love affairs system, which is common in some societies these days. In other words, a few married men should marry more than one wife -of course under the condition of fulfilling all the above-mentioned responsibilities of a husband in a polygamous family-, and these will certainly not exceed a few percents, and unmarried women should settle, get home and make a life for themselves; or else open the way for love affairs.

In the case of the second alternative, the women deprived of family life may associate at her own free will with several men, and, as a result, almost all married men will in practice be polygamists.

Even then the matter will not end. The wives who will find their husbands to be unfaithful will think of taking revenge upon them and thus will themselves become unfaithful. This final result has been summarized in the well-known Kinsey report in one sentence: “The men and women of America have surpassed all other nations in unfaithfulness” [3].

Now, which alternative do you think is better?

References:

1. polygamy
2. Morteza Motahari, women and her rights in Islam, p. 148
3. Morteza Motahari, women and her rights in Islam, p. 150
4. polygamy in islam