Shariat Court Seeks Suggestions To Stop Fake Transgenders
Faizan Hashmi Published January 17, 2022 | 11:16 PM
The Federal Shariat Court (FSC) on Monday sought suggestions to stop fake transgenders
ISLAMABAD, (UrduPoint / Pakistan Point News - 17th Jan, 2022 ) :The Federal Shariat Court (FSC) on Monday sought suggestions to stop fake transgenders.
A three-member FSC bench headed by Chief Justice Muhammad Noor Miskanzai, Justice Syed Muhammad Anwar and Justice Sheikh Qasim heard the petitions heard the petitions moved by Irfan Khan and others challenging the Transgender Persons (Protection of Rights) Act, 2018, for being repugnant to Islamic injunctions.
During the course of proceedings, Justice Syed Anwar said that according to media reports, some amendments were being made in the law.
Advocate Ahsan Mangi said that an amendment bill was introduced in the Senate but it had not yet been passed.
The petitioner said that the court had to look at the case from a Shariah perspective, not a fundamental right. Allah Almighty had created every creature in pairs, he added.
He said that some eunuchs had female while some had masculine features but the third type of eunuchs had no symbol. In the Shari'ah, a curse was sent on one who abandons his gender and becomes like another, he added.
Upon this, the Chief Justice said that there was no curse on the one who manifested himself as he was created. Transgenders presented in the courtroom applauded the Chief Justice's remarks. Upon which Chief Justice restrained applause.
Petitioner Orya Maqbool Jan said that the Shariah gave rights of inheritance and marriage to born transgenders.
Justice Syed Anwar said that everybody objected to those who were not eunuchs and showed themselves. The law was framed for the rights and protection of eunuchs, he added. He said that the law being wrong and its use being wrong were two different things.
He said that anyone who had an objection to the sex of an eunuch could be medically examined.
Orya Maqbool said that if a man wear women's clothes, he would neither be called a woman nor an eunuch. Those who claimed to be eunuchs should be medically tested, he added.
Justice Anwar said that the lawyer for the Ministry of Human Rights had stated that rules were being framed for the implementation of the law.
The counsel for the federal government said that rules could not include a clause which was not mentioned in the law.
Orya Maqbool said that rules had been notified in which gender reassignment had been allowed.
Advocate Ahsan Mangi said that he would inform the court about the matter after taking instructions from the Ministry of Human Rights.
Justice Sheikh Qasim said that there should be no dispute over anybody's gender.
The petitioner said that the law defined an eunuch as anyone who adopted the guise of the other sex.
In the rules, National Database and Registration Authority (NADRA) was bound to write whatever gender one wanted to mention, he added.
Petitioner Muhammad Bin Sajid said that NADRA would register sex as per anyone wish.
He alleged that the law allowing changing gender was the first step towards same-sex marriage law. The law stated that the government would provide financial assistance to eunuchs, he added.
The Chief Justice asked why did not government financially support the Eunuchs? He asked whether transgender were not human beings? The petitioner said that the birth certificate contained the sex of each child. It was not possible for anyone to call someone a woman after 34 years, he added.
Transgender Nayab Ali said they didn't get any help or jobs that could be misused. Hatred against transgender community was spreading, she added.
Upon this, the Chief Justice said that Allah had created them and there was no question of hatred.
Another eunuch Mahnoor said that they could not prove their gender by taking off clothes in front of the society. Upon this, the Chief Justice asked who told them to undress?Later, hearing of the case was adjourned till date in office.
Related Topics
Recent Stories
Food minster for ensuring transparent distribution of Bardana
Russia says has evidence Moscow attackers were linked to Kyiv
PM chairs review meeting on stoppage of electricity theft
IPM survey proves biocontrol technology profitable for cotton farmers
Pandemic accord talks heading for extra time
Senate elections in KP hang on reserve seat oath-taking, states ECP
UK's biggest water supplier plunges into deeper financial crisis
DG SEPA for installation of waste water treatment facilities
Man gets life imprisonment for killing wife
French parliament condemns 1961 Paris massacre of Algerians
First Inter Schools Naat Competition held in Larkana
S.Africa electoral body bars ex-president Zuma from May election
More Stories From Pakistan
-
Food minster for ensuring transparent distribution of Bardana
22 minutes ago -
PM chairs review meeting on stoppage of electricity theft
25 minutes ago -
IPM survey proves biocontrol technology profitable for cotton farmers
25 minutes ago -
Senate elections in KP hang on reserve seat oath-taking, states ECP
25 minutes ago -
DG SEPA for installation of waste water treatment facilities
21 minutes ago -
Man gets life imprisonment for killing wife
21 minutes ago
-
First Inter Schools Naat Competition held in Larkana
21 minutes ago -
AC arrests five people on price list violation
21 minutes ago -
Provincial Minister for Revenue, Nazir Ahmad Abbasi chairs meeting on land record computerization
21 minutes ago -
Sindh Food Minister Jam Khan Shoro for transparent distribution of bardana
21 minutes ago -
SC conditionally allows army courts to announce reserved verdicts
1 hour ago -
12 suspects criminals arrests in search operation:SSP Larkana
1 hour ago