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.

“And of His signs is that He created for you from yourselves mates that you may find tranquility in them, and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought.” (30:21)

The concept of marriage is very ancient dating back beyond Abrahamic religions and recorded history and was practiced by all people of many cultures, religions, and ethnicities throughout the earth.  Among all belief systems, Islam is the only religion that accords great importance to marriage and humans’ marital life.

The religion of Islam holds that the progress and development in all aspects of a person’s life roots in how his/her family is formed. Therefore, it provides the people who are ready for committing themselves to marriage with a comprehensive guideline.

Guidelines for choosing a spouse in Islam

Having faith and piety

According to Islam, the first criterion of the most eligible person to marry is having faith and being pious; In other words, the candidate should have a firm belief in Allah and the principles of Islam. This characteristic is so important that without it no other criteria is worthy of attention.

The holy Quran says: “And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you” (2:221).

If a person believes in God and whatever He commands him/her to do, consequently he/she will not be seduced by temptations of Satan, will be totally devoted to his/her own family and observant of his/her behavior towards them, and will treat his/her spouse and the whole family fairly.

Morality

Another important feature in evaluating the suitable person for marriage is being good-tempered and following the codes of morality in his/her behavior. This characteristic has been defined as “being modest, well-spoken and good-natured” [1] by Imam Sadeq (AS).

Nevertheless, acting morally is not only restricted to being good-tempered but includes honesty, chastity, using decent language, forbearance, politeness, contentment, benevolence, faithfulness, and generosity as well. The presence of morality in one’s behavior is so vital that when Imam Reza (AS) was asked for his advice in marrying a person who was famous for being ill-natured, he strongly disagreed [2].

The nobility of the family

It is stressed in the religion of Islam that one should choose her/his spouse from a decent and noble family. Family nobility does not mean fame, wealth, or social status; rather it means modesty, chastity, purity, and religiousness, which will be all passed on to the next generations.

The Messenger of Allah (PBUH&HP) has said in this regard: “Marry in the lap of a decent family, since the semen and the genes have an effect.” [3]. He has also said to avoid the greenery (herbs) growing over a sewer (cesspool); i.e., a beautiful woman born and raised in an indecent family [4].

Compatibility

Islam also lays special emphasis on compatibility in marriage. The marrying partners must be Kufw of each other; i.e., they should be equal and close to one another in terms of religiosity and morality, as well as social, financial, and also physical aspects. Spouses in the Quran are likened to clothing: “They are clothing for you, and you are clothing for them” (2:187). Just like clothes that should be of the right size, color, and material to suit you well, your spouse has to be a suitable match for you. But do not forget that in the Islamic view, the main point of similarity is in the couple’s belief and faith. Prophet Muhammad (PBUH&HP) has said: “a faithful man is suitable for a faithful woman and a Muslim man is good for a Muslim woman” [5].

Someone who is inferior in faith to you may degrade your belief as well. Marriage is a means of the elevation of the soul, so if it results in the opposite way the whole purpose of this holy union will be wasted.

Physical and Mental health

Although health problems do not preclude marriage, they have negative effects on the continuation of married life. There are various narrations in the Islamic teachings on the importance of marrying someone healthy and of sane state of mind: “when you intend to marry a woman, ask about her physical characteristics since this will create a bond of affection and love between you and your spouse” Prophet Muhammad (PBUH&HP) [6].

It has also been narrated from him that “Avoid marrying a stupid person since her/his company is a woe” [7]. Moreover, we are advised by him to reject the proposal of a person who is accustomed to drinking alcohol for its detrimental effects on the body and soul.

It is noteworthy that there are other features for choosing the right person to marry like financial matters, age differences, racial differences, etc. Though there is a lot of psychological and religious advice on these issues as well, they are not of much importance in Islam as long as the girl and the boy are Muslims and have taken the five above-mentioned significant aspects into consideration.

Allah has promised to fulfill the other needs of the married couple Himself: “And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing” (24:32)

References:

1. Usul Al-Kafi , v. 2, p.563
2. Wasa’il ul-Shi’a, v. 14, p.54
3. Makaremul Akhlaq, v. 1, p. 432
4. Al-Kafi, v. 5, p. 332
5. Wasa’il ul-Shi’a, Vol. 14 , p.44
6. Shaikh al-Hur al-Aamili, Wasa’il ul-Shi’a, chapter 35
7. Al-Jafariat, p. 92
8. Choose a Spouse in Islam