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?
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.
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.
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.
A family in Islam is not only a place for reproduction but also a site for growing the healthy spirit and character of human beings. To clarify this point, some principles are mentioned below which are derived from the verses of the Quran:
1. Having amity and mercy within the family and providing security and peace for each other. This verse refers to family and its spiritual relations: “And of His signs is that He created for you mates from your own selves that you may take comfort in them, and He ordained affection and mercy between you. There are indeed signs in that for a people who reflect” (30:21).
2. Consultation and satisfaction of the couple in decision making .
3. In verse 71 of Al-Tawbah, men and women are introduced as each other’s friends and helpmates. In these verses, the importance of consultation is notified, and it is also mentioned that the viewpoints of all the family members are of equal value and no one’s approach receives more importance than the other’s .
4. The importance of family interests over personal interests .
5. Improving affairs and seeking reconciliation .
6. Forgiving each other’s mistakes, establishing peace and amour, and avoiding egocentricity: “If a woman fears from her husband misconduct or desertion, there is no sin upon the couple if they reach a reconciliation between themselves; and reconcilement is better. The souls are prone to greed; but if you are virtuous and God wary, Allah is indeed well aware of what you do” (4:128).
7. Being good-tempered in etiquette and commerce: “deal kindly with them” (4:19).
The principles mentioned above indicate that the style Islam suggests for families is achievable through a true collaboration of all family members. Every family is a small part whose rectification contributes to the improvement of the whole society and consequently its perfection.
- (9:71, 28:26, 28, and 37:102,103)
- (2:229, 4:19)
Domestic violence is any violent or aggressive behavior by one person against another within the home, typically involving the violent abuse of a spouse or partner. These behaviors, used by one person in a relationship to control the other, occur in many forms; physical violence, verbal violence, sexual violence, psychological violence, and emotional abuse.
All these acts and behaviors are rationally condemned, but, how does Islam react to this phenomenon and what solutions does it propose?
According to the Islamic teachings, any harm to oneself is either totally forbidden (Haram), or should be avoided and is detestable (Makruh); so is any harm to others .
Prophet Muhammad (PBUH&HP) said that whoever hurts others, God will hurt him; and, whoever inflicts pain on others, God will give him pain . That is also true about any kind of domestic violence. Since it causes pain and harm to the victim, domestic violence is also condemned in Islam.
It is narrated that Prophet Muhammad (PBUH&HP) assisted the funeral of Sa'd ibn Ma'ad [i]. He (PBUH) did things during that funeral and respected him so much, that he (PBUH&HP) had never done in any funeral before. He (PBUH&HP) ordered to bath the corpse, and he (PBUH&HP) did the funeral prayer himself. But at the end of the event, he (PBUH&HP) declared that Sa’d is suffering from the pressure in the grave.
People were surprised that how come that someone who has been such dignified by the prophet (PBUH&HP) is suffering from the grave pressure. Prophet (PBUH&HP) explained that Sa’d was bad-tempered towards his family .
In another narration, it is said that the worst of people is the one who is rough to his family ; i.e., whose wife gets frightened and children hide when he arrives home, and they feel relieved when he leaves . On the contrary, as Prophet Muhammad (PBUH&HP) said, the closest to the position of the prophet (PBUH&HP) before God is who behaves very well with his family and is the most beneficent to them” .
These examples show that every harsh treatment with the family will be counted and will be paid afterlife. Then, it is clear that any violence, either verbal or physical, is forbidden in Islam and will be punished severely.
Imam Ali (AS) has advised that: “the wife is really like a flower (it is fragile), put up with her in any case and accompany her nicely to have a pleasant life” . It means that contrary to the rumors that Islam has permitted the husband to hit his wife, Islam has ordered to honor her and to treat her kindly; even if he no longer loves her (4:19).
Islamic teachings have always emphasized on the importance of the family and Muslims are advised to toleration in order to maintain the foundation of the family. Hence, in the case of a dispute between a couple, Islam invites to patience: “Whoever remains patient despite the misbehavior of his wife, God will reward him as great as Ayub's [ii] for his affliction.
Likewise, if a woman keeps patience despite the misbehavior of her husband, God will reward her as great as Asiya bint Muzahim (the Pharaoh's wife) [iii] .” .
When it comes to children, special attention is paid to their education. To raise well-behaved children with a good character, Islam forbids any humiliation and violence against them. Imam Ali an-Naqi (AS) said that: “Do not beat the child; just sulk with him, but not for a long time.” .
Although parents might blame their children under some conditions and in certain circumstances, they are warned against too much reproach. Imam Ali (AS) said that: “Excessive blame on anybody will increase the obstinacy.” .
It is notable that a true Muslim should also be tolerant and considerate towards other people as much as he/she is towards his family and relatives. This will be discussed further in another article.
[i] One of the prominent companions of Prophet Muhammad (PBUH&HP).
[ii] Prophet Ayub (PBUH) was afflicted by suffering for a lengthy period, but he never lost faith in God and forever called to God in prayer. He (PBUH) is known as the symbol of patience in Islam.
[iii] In the Quran, Asiya is described as the wife of Pharaoh who reigned during the time of Prophet Moses (PBUH). Unlike her husband, she was humble and accepted the faith that prophet Moses (PBUH) preached. She died while being tortured by her husband. In Islam, she is known as one of the greatest women of all time.
- S. A. al-Muttaqi, “Kanz al-Ummal”, T. 9498.
- S. A. al-Muttaqi, “Kanz al-Ummal”, T. 9518.
- Ibn Babawayh, “Ilal Al-Shara'I”, p. 310.
- Al Suyuti, “Jami al-saghir”, vol. 2, p. 77.
- Al-Haythami, “Majma al-Zawa'id”, vol. 8, p. 25.
- Ibn Babawayh, “Uyun akhbar al-Rida”, vol. 2, p. 38.
- S. H. al-Amili, “Wasail al-Shia”, vol. 37, p. 115.
- Ibn Babawayh, "Man la yahduruhu al-Faqih", vol. 4, p. 392.
- violence in Family
- Ghurar al-Hikam wa Durar al-Kalim, T. 4507.