Rulings on Transgenderism in Islam
Channel: Yasir Qadhi
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Today inshallah will have interesting how to be the light to Allah. It's actually going to be a summary of a project that you're going to be aware of soon as your many of you are aware. Here in America, we have something called the fifth Council in North America, the field Council of North America. It is the oldest Council of Rolla, it's over 45 years old. There are many others but this is the oldest and Al Hamdulillah. I am one of the younger members of the council. The fifth Council assigned me the task of writing a fatwa about transgenderism and what we as Muslims should be thinking and teaching about this very thorny issue. So for the last few months, I was doing research
and I submitted the fatwa eight pages long. Some modifications that has now been approved is going to be published on the website. Very soon inshallah you will find the full fatwa, today's hotter it will be based upon that fatwa that is going to be printed online. But please note this hotter is from me, the fatwa is approved by the entire council, the heart that I'm giving right now it will be a little bit extra, so don't quote this from the council.
The fatwa, as I said, is eight pages long. And I mentioned a number of points, I'm going to summarize some of these points. And this is especially given the current climate we live in, where this issue is now being discussed and being brought into cartoons, and our children are being exposed. This is something that we as adults need to be very, very familiar with, and know how we teach our children. So the first point that I mentioned in this photo, which is something well known to all of us, the Quran, and history, both teach us that there are two genders. It's not just coming from the Scripture, it's not just coming from mankind. Common Sense logic, reasoning, history, and
the Quran all tell us that there are two genders. And the Quran tells us that mankind has been created from two genders and in two genders understand this point, we are created from two genders, right? So Allah azza wa jal mentions that from a male and female we created all of you so we're created from two genders. And Allah also says Weber Theremin Hammadi John and Catherine cathedral when he said, from these two we spread forth multitudes of men and women. And the Quran explicitly says what he said that Gurukul Onza. The male is not like the female. And our prophets have said, women are the complementary halves of men. They're not the same. And Nisa Oh Shaka ecoregional,
women are the complementary halves, half of mankind is women, half of mankind is man, the two put together for mankind, He didn't say they are the same. So we firmly believe that there is such a thing called sex and gender, and there is male and female, and that this difference is not just something that is imaginary or cultural. Because what modern society wants to teach our children is that gender is not the same as biological sex. This is what they're saying that biological sex you can be born male or female, boy or girl, but to be assigned male or female, they say it is from culture, it is from society, we say no, the fact that there is boy and girl means there is male and
female. And that we admit, and we affirm that the male and female are not the same. And because they are different physiologically, because they are different from the DNA, you can take a cell from any male or any female and not ask who the person is, and look under a microscope. And you will know whether it is male or female, from the DNA of that cell, from the cell all the way to the body. There are differences physically, physiologically, hormonally, there are differences in every single level of existence. And everybody knows this, except in this generation. So because there are differences, the Sharia has taken those differences into account. And the Sharia has come with
gender, not just with sex and sexuality, gender, male and female is not just imaginary, there are roles that are masculine, there are roles that are feminine, and the entire Shetty up from the first chapter of Tahara. All the way to the chapter of inheritance. It is gender specific. You cannot argue that the Shetty ignores gender every hookworm or almost I should say or many Helcom that are the same, but many come are different. Many, many rulings are different between the male and the female. So we affirm that there are two genders that these two genders are distinct and separate and they are equally human. The one is not more noble than the other. This is our key point here that
both genders are equally human and noble. And in the eyes of Allah. They both have the same potential to earn Jana, this is equality. This is real equality they can get
to Janna the same, how they get to Jana, what their tasks are are different. Yes, but the potential to get to Jana is the same. And that is ultimate equality. So this is point number one in the fatwa that we have, that there are two genders, and the two genders are real. And the two genders are not just a social construct or an imaginary cultural thing. This leads us to point number two, if there are such things as two genders, then there must be differences between them, these differences, many of them, yes, they are manifested in the cultural way, how we dress and how we act. But just because they exist in the cultural way, doesn't mean it is only cultural, no, it is filthy, it goes back to
how Allah created us. So every society in all of human history had differences in how women act, how women dress, how men dress, how men do things, this is a cross and universal. So to claim that this is cultural and not from the fitrah it goes against the experience of mankind. Therefore, point number two, there is something called masculinity, and there is something called femininity and the Shetty requires the male to act masculine and the female to act effeminate. If a male goes out of his way to act effeminate, what is called cross dressing what is called in a transvestite you know, drag queens, this type of stuff, if a male goes out of his way to dress like the female or if the
female goes out of her way to dress like the male by unanimous consensus of all of them muda him this is a Kabira a major sin and it is Allah's Lana upon this person, we have a multiple number of a hadith our Prophet says that I'm said that Allah has Lana is upon the women who imitate to men and Allah's Lana is upon the men who imitate women. Now somebody says hold on a sec, I cannot grow a beard biologically Hold on a sec, my voice is effeminate. Naturally, we say we're not talking about what is beyond your control. We're not talking about what you cannot control. We're talking about you doing something above and beyond you going out of your way to dress or to act in a manner that
are you are forcing on yourself to act like the opposite gender, we say regardless of what society says, we have our *ty and our *ty I says Men should act like men and talk like men and dress like men and women should act like women and talk like women and dress like women, what they said that could who could own fab regardless of what society says our Shetty has this distinction, again, to make to make it very clear, though, some things are beyond our control. And yes, some times in some cultures, what might be considered masculine is considered feminine in another culture, small list here, very small list. And it is true, the Shetty app might look at this small list and say,
Okay, in this culture, this thing might be effeminate. And in this culture, the same thing might be masculine, agreed. But that's a small list. You cannot use this small list to negate the overall reality that men and women act differently dressed differently and go about their lives in a different manner. And the Shetty app requires not encourages, requires a biological male to act in the masculine manner and requires a biological female to act and to dress in the effeminate manner. Now, again, there's a gray area, things might change a little bit in some aspects, and that's fine. But the fact that there's a little gray area doesn't change the default, which is men and women act
and dress differently. So this is point number two, point number three from this is that this notion of what is called Gender dysphoria, what is gender dysphoria, it is what is becoming very common now that some people are saying that I am a man, I'm born in the body of a man but I'm a woman, or somebody saying, I'm born in the body of woman, but I'm a man. And so they will then you know, maybe go to the doctor, get surgery done, get hormones done, prevent that, you know, gender to be manifested, block that gender via hormones, and maybe even do surgery. So this is called Gender dysphoria. What is gender dysphoria to feel that your biological sex is not your gender. So you're
born with the body of a male, but somebody says, Oh, but I feel I should be a woman. We talked about this issue in the fatwa, we said, Perhaps perhaps somebody might feel this way. We're not denying that might be a feeling but the *ty does not penalize and criminalize feelings. The *ty I did not come to dictate how Rahman Allah on what is in the heart. The Sharia has come to dictate actions, not what is in the heart. So if a person feels a certain thing, maybe that feeling is beyond one's control. So Allah is not going to punish somebody for a feeling in the heart. And perhaps that is a struggle and we sympathize with that struggle. Button.
Not every feeling must be acted upon. Not every urge must be manifested. Not every desire is pure and healthy. And the Sharia has come to teach us what desire is good, and what desire needs to be controlled. We all have desires that are unhealthy. And that Hamdulillah we thank Allah, if that desire is in the heart and we control it, now you can live for Allah who laughs and in Lusaka, if you get angry, you want to murder somebody, but you don't, okay? It's not a good desire to have it, Allah is not going to punish you, right? If you want to punch somebody, but you don't, if you want to back bite, if you want to steal if you want to take drugs, but you don't, okay, it's not a
healthy desire, but you're not going to be punished for that desire, you've controlled it, you will be rewarded for that desire, and it is possible you have the urge to do a sin and you control it, that you are better in the eyes of Allah than the one who never committed the sin than the one who never thought of committing the sin. So we have to be careful that we don't penalize or criminalize the person for a feeling. Also we said in the fatwa, why do you have to define yourself based upon the feeling? Why do you have to define yourself that I am such and such based upon a feeling your feelings don't define you fully? We all have feelings. We have feelings about food, about clothing,
about colors, what not what color I like, we don't define ourselves based upon what color I like, based upon. We don't define ourselves which cuisine I like the best. So why is this society wanting to define you based upon your sexual urge, based upon your urge to be why it's actually a problem to make this urge your primary identity, it is one urge out of many, and it's in your heart. We're not saying it doesn't have to exist, it might be beyond your control, but the *ty AI has come to curb your desires to control what is healthy and unhealthy and to tell you so we say a person might actually have gender dysphoria might have in the heart, but the Shetty AI does not allow us to act
upon that. And by fighting that urge, we gain the rewards of Allah just like fighting any urge that is not healthy, we gain the rewards of Allah. Based upon this. We said that by unanimous consensus of all of the fifth councils of the world, and all of the mainstream scholars pause here footnote. One famous non Sunni Ayatollah has a photo you should be aware of it that this is permissible, but in our mainstream Allah, sunnah, and our field councils. No scholar has said this, that you can do gender reassignment surgery, we gave the fatwa by unanimous consensus of our scholars of Islam, it is not allowed to undertake any type of medical procedure that prevents your normal biological
gender from being manifested and tries to persuade or convert to another gender. It is haram. And the Quran forbids does that Allah says that Shavon wants to follow up you don't know how Allah wants to change the creation of Allah, we said that it is not allowed even to harm yourself to cut off your hand for no reason. It's not allowed. How about to cut off your actual you know, organ and whatnot, I will do Billa this is what is called Muslim or mutilation. And it is not allowed, we have to be very clear here. My body is not my body, it is the body of Allah subhanho wa taala. This is the fundamental difference between liberalism and between Islam. They say my body my choice, we say
no might be your choice, but it's not your body. It's not your body. It is the body that Allah has given you. But by the way, that is why for example, it is not allowed to sell your organs, he is not allowed to sell your blood. Why? This The FDA has say because you don't own it. You don't own your organs such that you have the right to sell it your organs, you cannot sell your kidney you can donate if somebody's dying, you can donate few subete Allah your brother, a friend or colleague, you can donate blood Yeah, but you cannot sell your body you cannot sell your Oregon because you don't own it. Allah is your Malik, Allah owns you and your body. So you have no right to transform to
mutilate, and it is haram to do so. And especially by the way these days. Again, to say this gets washed into trouble and I know this is gonna get me into trouble as well along with style, it is what it is. But it is our responsibility to convey the truth that these days they say that you are transphobic if you don't allow children to express their identity Subhanallah do some research. Listen to some experts out there, the highest rate of suicide and have the highest rates of depression that is found in society is found amongst this subcategory of children that have been forced to undergo medical procedures that changes their gender. They thought they would find
happiness but they don't find happiness and now their gender has been changed. They cannot
Go back to Oregon has been caught off guard with a biller or you know, the female's body has been cut off or whatever, and hormones have been blocked and her whole puberty is gone. Then when she's 25, she realizes, Oh, it was a mistake too late. You can't do this. Our Shetty does not allow this. So we gave a clear foot to what it is not allowed, because it's not our body. And if the urge exists, we have to battle that urge. We also said that there is a category that we need to emphasize separately. And this category is commonly confused by the masses. This category, the medical term for it is intersex, some called it hermaphrodite intersex individuals, they are less than 1% of
mankind, and they are born with chromosomes that are neither xx nor xy. Okay, this is a medical biological issue, x x, y x, y, y, they have a number of variations. And these individuals generally speaking, they are you can't even tell that they're intersex until a test is done. But they have problems conceiving, right the majority of them they don't even know that there's an issue until they go to the doctor. These individuals we said the Shetty eye does have a special category for them. But this category is not the same as trans. It is a mistake to say intersex is trans, no trans and trans. Transsexual is somebody who imagines I'm a man I want to be a woman. This is up here.
intersex individuals, their DNA is different. It's biology. It's it's actual physical realities that exist now some intersex individuals, so one out of 100,000 they are born with both organs and this is well known in history. They're called hermaphrodites. Right? Some very rare individuals. They are born with both organs not all intersex by the way because intersex is a broad category 1% of mankind is intersex, the bulk of this 1% is just something in the blood. They don't even know physically, but they cannot have children or some other issues happen within that 1% also 1% So one out of 100,000 people roughly is born, we call them hermaphrodite what is a hermaphrodite? Yanni some
people are born with abnormalities they have both organs male and female. But in all of human history, there has never been a true hermaphrodite ie both organs functioning impossible medically. You have one organ functioning more than the other you guys get I don't need to get more graphic you get the point you're right. One organ function is more than the other. There is no such thing in all of human history of a true hermaphrodite. This category the Shetty eye has a special chapter it is called Kwanzaa, Kwanzaa. And this category Yes, perhaps for them, the Shediac has come with a third gender and in some cultures and Buxton, India, you know we have these types of people we know
they're different, they're born different what not Yanni, perhaps we can give some leeway that for that category that are born again to be don't misunderstand me, the real hermaphrodite the real hunter, it's not a state of the mind. It is actually something that is DNA. They are a different type of DNA. That category perhaps we can say, a third gender books are fixate, they don't start with the men. They don't stand with women they stand in the middle, right. If they are not classifiable, by the way, these days, there should be no hermaphrodite. Why? Because we gave this in the fatwa the only time a surgery would be allowed is not for trans is for hermaphrodite. The only
time a surgery would be allowed is when a child is born with both organs and the doctors will then choose which of the two organs is more
productive or more you know being used. And so they will then have a surgery to make the child more one gender into the other. In this case the surgery is recommended not even just allowed it is recommended. But this is for the hermaphrodite not for the somebody who self identifies as trans individual. So we have to be careful here that the term junta or intersex, which is a chapter in filk should not be mistaken for the trans category. That is a totally different category not related to this issue. We also said as a part of this fatwa is that the advice that we give to those that are struggling with not just you know, gender dysphoria, but also same sex you know, issues which is
also becoming common in our times that we have to be careful and I said this before I'll say it again, don't fall prey to the ideology that people are telling you your primary identity is this urge within you know, you are far bigger than this one urge your humanity is not diff
Find by an urge in your heart, this label of I am this type of orientation I'm that you get what I'm saying, right? This label? Why are you using it? Why are you defining your entire humanity based upon an urge of the sex or urge of your gender, you are much more than this much more noble than this. So even if you have this urge, even if you have the urge that you're attracted to the same gender, which again, some people have it, it's beyond their control. Who said that that is your primary identity, who said, you have to put a label on yourself that I am like this, we say very clearly, in our study. We don't come out of any closet, you get my point here, right? We don't put a
label on ourselves. If you have an urge that is not healthy, struggle with it, turn to Allah subhana wa Tada get help discreetly from family and friends, if they will, if they can help you out. But you don't have to go and be proud about an urge that is not healthy. If somebody's having a problem with alcohol with drugs. If somebody has an anger problem, they don't define themselves. I am prone to violence and they put it on their shirt. No, you have to have an urge that you're controlling. Now if you need help, and you go to somebody for help, yes, you tell somebody you don't have this issue. Can you help me out? No problem. But to advertise this and to identify with something that is not
healthy and something that is not conducive to your morality? Not at all. Our Shetty I teaches high up modesty. It teaches settle which is to cover your faults. You don't go and tell people even if you're committing the sin, may Allah forgive you don't go and tell other people that is another sin. Even if you're living an uninspiring lifestyle and you're doing a major sin don't tell me don't put it on Facebook don't advertise because when you do that you are destroying the Sutter the barrier that Allah has placed between you and other people be shameful in front of Allah asked for is to fall May Allah forgive you. But when you open the door of bear higher, no higher and you are
flouting that you're doing something wrong, then our villa you have reached a different level of depravity. Our Prophet system said Allah forgives all the sins of my ummah, except those who publicize it. If you feel guilty about a sin, you turn to Allah for forgiveness, you have hope. But the minute you plow out, the minute you become proud, I am a drug addict and I love being a drug I was a biller, I was a biller. If you are a drug addict, if you have a problem with Xena with lewat, with anything between you and Allah, hide it and ask Allah's forgiveness and keep on doing it still fall, but you don't go and tell other people. So we said, there is no such thing as coming out of
any closet as identifying. Now this doesn't mean you don't tell somebody who can help. You know, sometimes a drug addict needs help, they'll go to family and friends. Sometimes a person with this urge needs help. So we told now the last part or the hook, or the photo, I said, we said that if somebody comes to you wanting help, don't shame them. Don't make them feel worse than they already do have some humanity if they come to you wanting help. And this is a problem that many of us have, that when we find out somebody is struggling with an urge with a desire, right? Especially this desire, and they come for help. They don't come to float, they don't come to legitimize. They come
for help. We make them feel even worse, and cut them off and shame them and name them. And this is absolutely wrong. Absolutely wrong. Our job is to facilitate and bring people closer to Allah not to turn people away. However, we made a very clear point here, we differentiate Listen to me carefully. We differentiate between the one who comes to you for help, versus the one who comes to you justifying and flouting. And showing that they're proud and what they're doing. There is a big difference between the two, the one who comes to you for help, we show them nothing but compassion, nothing but love nothing but wanting to help them or whatever we need to do. We'll help them out and
we welcome them to our massages. Very clear, I say this, if somebody has a private sin that only they know about, they come to you for help you know about that sin. It's none of your business to go until anybody else you have no right stopping a sinner coming to the masjid. Where else should it be except the Masjid. You have no right to name and shame somebody who has come to you for help fear Allah azza wa jal and helped his brother or the sister. However, if somebody comes flouting, somebody comes justifying, somebody comes saying, Oh, why is it haram? It should be highlighted and I don't care what Allah says and openly living the lifestyle, then we don't treat that person the
same as the first person. And we said very clearly in the fatwa that if a community feels if a masjid feels that a certain individual is spreading this evil ideology in its own community, we
Have the shutter II and the constitutional right to stop this person from coming to our Masjid. We said this in the fatwa because masjids are places of purity and public filth cannot be displayed in the masjid, privately. We're all sinners, I'm a sinner, you're a sinner. We don't ask private sins, privately, we come to Allah, we are still still fine. But somebody comes he wants to sell drugs. outside our door, somebody comes and we know him to be a mafia, and he's known to be a murderer and killer. We can't allow this person in our midst. Similarly, somebody comes and he's flouting, I have a partner this and that. And I don't care what the Quran says. And he's spreading it in our massage,
you know, our massages are safe spaces, and the law of this land. And our Shetty are both tell us, we cannot have such people come and spread these ideologies. Now, final point, it wasn't part of the fight to have it, it needs to be said as well, because we're mentioning all of these things. Okay, for sure. We don't allow such people to spread evil amongst our massages. What do we do, though? And this is a very difficult topic, and I cannot answer it fully. But we need to bring up the discussion. What do we do about individuals, politicians, who might be of our faith, they claim to be of our faith, but they have views, they have ideas that are clearly an Islamic, they're already
elected. They're in Congress, they're in Senate, they're already there. And they have ideas that are very wrong. Should we boycott them completely from the Muslim community? Should we cut off from them? Should we have some relationship? Should we have no relationship? I'm not going to answer this question here. Because it's not an answer. In two minutes, I will say we need to be mature enough to have an open conversation about the pros and cons of having any type of relationship with such individuals, we also need to teach our children very clearly, whatever the situation might be, we need to teach our children. Muslim politicians are exactly that Muslim politicians. They are not
representatives of Islam. They're representatives of Islam. They are the ruler, man. They are the preachers, they are the teachers, these are the ones that will teach you your values. As for a politician, who happens to be a Muslim, they're a politician in the end of the day, and they're going to do things and say things that between them and Allah and we correct them. So we teach our children don't learn your morality from politicians, don't learn your o'clock and adapt your halal and haram from those in office. Now, whether the community chooses to invite them to a conference right or not, this is up for discussion. Every group should weigh the pros and cons. And you know
what my humble opinion? It's healthy to have a diversity here. Some people should be angry, How dare a Muslim do this. And others should be like, well, at least they're doing something for the community, let's have some relationship rather than break off from them. But whatever is done, we have to be careful that we don't make this an issue of the Creator with a biller that if somebody invites such a politician that hey, become a cafe, no, let's be Let's calm down a little bit right? Politicians, they have good and they have bad, and sometimes a politician might be invited for some good. And even if they're invited for that good, they're gonna have to warn against the bad. And
that's what I'm doing right here. There are politicians in our country, they are very clearly Muslim identifying as Muslim, their ideas are wrong when it comes to this issue. And we have to clarify and clear up to our children to our youth do not learn your o'clock from those people. They might have some good they might stand up to the AIPAC in the lobby, they might, you know, bring in some issues that are here for the community go okay, good for them. But they're also because there are politicians saying and doing things that are absolutely haram when it comes to this issue. So we have to point that out and teach our children that don't judge Islam based upon them. They are not
representative of Islam, they are Muslim politicians. And the end of the day with this, I conclude, brothers and sisters, every nation every time every place, it has trials that people are tested with, we as Muslims, we need to understand one of the biggest trials of our generation is gender and sexuality. If we will compromise on these issues, there is no faith community left on this earth that will remain firm. To this. We have no choice but to take on the heat from the public. We have no choice but to take on what is going to come and point out by the way, there are double standards. I mean, I don't want to go too late. I know I've spoken a lot here, but Subhanallah Where is
liberalism? Liberalism is meant to tolerate right, okay. We agree we will tolerate what is happening in society. We don't have to agree we will tolerate we agree we are not preaching hatred of an individual. But why can't you tolerate we teaching our children our morality? It's a two way street, isn't it? Right? You want us to tolerate hulless we agree we will tolerate in the sense. People are doing what they're doing. They're selling alcohol. We're not doing anything. They're, you know, doing whatever they're doing. We're not stopping them.
But you have to tolerate as well. It's a two way street here. And you're not allowing us to teach our values to our own children. You are taking away children by the way, in Canada right now, a Christian man was sent to jail and fined by the government because he refused to allow his 13 year old daughter to undergo surgery. The daughter went to the hospital, the doctor said, Oh, this is gender reassignment. And the doctor said she must be done gender reassignment. And the guy said she's only 13 She's not even qualified to drive a car you're gonna change her gender. He refused. And he was sent to jail by the became a national case. And he was deprived visiting rights of the
daughter and Hollis now he's, you know, out on bail and whatnot. We're living in very dangerous times. You're gonna stay silent at this villa. So we have to be brave, every one of us yes with wisdom, and we have to be clear. We are not preaching hatred, much less violence. Lacan, Dinoco, Malia, Dean, you have your way, but we have our way too, and our way is to teach our children what is halal and haram, what is morality? What is Allah? That's our prerogative. If you want us to tolerate and we are tolerating you must also tolerate in return that is the essence of liberalism. But in reality, they are not liberals. They are very liberal as the most bigoted or the Liberals
because it's a one way street. You must tolerate us we will not tolerate you can we will point out the double standards will point out the hypocrisy and most importantly, we will remain firm to our commitments in front of Allah and teach our children the truth regardless of what society says May Allah subhana wa Tada always allow us to see the truth as truth and to follow it and to see the bottle as bottle and to abstain from it, which is our Kamala, who was salam aleikum wa rahmatullah wa barakatu.
and levena woofie sala de force, Jeroen. Well, levena umani Lova we weren't born. Well, Lavina Zeca define moon. Wallasey. Now who's only 4g him have you hone in
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