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AL-KAFI #1838: FUNERAL MANAGEMENT OF TRANSGENDER PEOPLE

 AlKafi 1838 compressed

 

Question:

Assalamualaikum wbt., If a transgender person passes away, his/ her janazah is managed according to the gender after trans or the original gender? Hope for an explanation.

 

Brief Answer:

Janazah of a transgender is managed according to his/ her original form.

Explanation:

Waalaikumussalam wbt.

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

According to Islam, transgender is a diverted manner and actions contradicting the original gender. This category may be explained by a woman who behaves like a man and vice versa. All actions involving the process of changing the original gender to the opposite gender clearly contradicts the Islamic ruling.

In Islamic shari’a, this terminology is the closest to the term al-mukhannath (a man behaving like women) or al-mutarajjil (a woman behaving like men). This is based on the Prophet PBUH’s saying:

لَعَنَ النَّبِيُّ صلى الله عليه وسلم الْمُخَنَّثِينَ مِنَ الرِّجَالِ، وَالْمُتَرَجِّلاَتِ مِنَ النِّسَاءِ

The Prophet (ﷺ) cursed effeminate men (those men who are in the similitude (assume the manners of women) and those women who assume the manners of men

Sahih al-Bukhari (5886)

Trans people are cursed by the Prophet PBUH whether a man behaves like a woman or vice versa. In this matter, it refers to a group of men behaving like women in many aspects that they assume in the manners of a woman rather than a man. Imam al-Tabari said the hadith shows that it is impermissible for a man to behave like a woman in terms of clothing and adorning that are specified to women and vice versa. (Refer:  Fath al-Mun’im Syarh Sohih Muslim, 8/520).

The Arabic linguist said al-mukhannath is a group of men behaving like women in terms of actions, words and behaviour. Sometimes, it happens naturally (not intentional), but sometimes intentional (in purpose). (Refer: Syarh al-Nawawi ‘ala Muslim, 14/163)

Therefore, based on the above meaning of al-mukhannath, it is divided into two; natural or intentional characteristics. If the feminine characteristics inside a man or vice versa occur naturally, then it is not sinful. While it is sinful if the characteristics are intentionally done. (Refer: ‘Umdah al-Qari, 8/403).

Hence, based on the meaning of transgender and al-mukhannath mentioned, it is clear that an individual remains in his/ her original form but only his/ her appearance shows otherwise. So, a man remains a man although he behaves femininely. All rulings are imposed upon him according to the ruling upon men.

This is mentioned by Shaikh al-Syarwani:

ولو تصور الرجل بصورة المرأة أو عكسه فلا نقض في الاولى وينتقض الوضوء في الثانية للقطع بأن العين لم تنقلب وإنما انخلعت من صورة إلى صور

If a man behaves like a woman or vice versa, (when a man touches him), his wudhu’ is not invalidated for the first issue (a man touches men behaving like women) and wudhu’ is invalidated for the second issue (women behaving like men) as it is assured that there is no change in his/ her original form, but only appearance in which they appear polar opposite. (Refer: Hawasyi al-Syarwani, 1/137).

Conclusion

All rulings related to transgender are in accordance with his/ her original gender. This is due to the fact that there is no change in the original gender from a man to a woman or vice versa. Therefore, all related rulings like awrah, clothing and funeral management of a transgender are in accordance with his/ her original gender.

Wallahu a’lam.


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