Muslim Judicial Council’s fatwa on burying transgenders
The Muslim Judicial Council (MJC) has issued a fatwa (decree) regarding the washing of a deceased transgender person before burial.
The MJC said it received questions around the sensitive topic, as the process of becoming a transgender person usually means a change in genitalia.
In a statement, Mufti Abdurragmaan Khan starts off by clarifying that in Islam, an individual’s biological sex remains unchanged regardless of any alterations they make to their body.
He explained that the fatwa is being issued to avoid gossiping and slander.
“Our scholars do not mention transgender individuals, as this is a relatively new concept. They do, however, speak of the ‘attractive amrad’ who share some similarities with transgender individuals, as they have physical features resembling females,” Khan stated.
“We believe that the ‘attractive’ transgender female should be treated as an attractive amrad.”
An amrad in Islam is a “handsome beardless youth”. Khan said it is impermissible for an adult male to look upon a naked “attractive” amrad, or transgender female.
“In cases where the amrad, and similarly the transgender female, is not considered attractive and does not pose a risk of fitnah (temptation), any male, whether a mahram (relative) or not, may wash the deceased’s body,” Khan added.
“(But) if there is a potential for sexual desire or fear of temptation while washing an ‘attractive’ transgender person, his or her mahram should wash the body.
“In the absence of a mahram, an adult of the same sex should wash the body while it is covered with a veil, ensuring no part of the body is seen or touched,” he said.
RuBee Lee Lukas, LGBTQIA+ activist, Miss Sovereign Western Cape and youth ambassador of One Billion Rising, said there are bigger issues to worry about.
“Personally, I feel like these kinds of statements only add fuel to the fire and spark transphobia,” Lukas said.
“The act of ghusl is an act of last respects shown to the deceased, yet it goes in total contradiction when handling and addressing the deceased as the imposed gender when they so clearly lived their lives as proud transgender individuals.
“There are greater issues to focus on, like the gender-based violence (GBV) happening in many households that are not being spoken about enough,” Lukas said.
tracy-lynn.ruiters@inl.co.za