An Appraisal of the Transgender (Protection of Rights) Act, 2018 in the Light of Islamic Law

Abstract

In Pakistan, a bill was passed in 2018 under the pretext of safeguarding the rights of transgender persons. Since its enactment, it stirred controversy and remains a subject of debate to this day in terms of its corresponding consistency with Shariah (Islamic Law). However, dueto a lack of proper understanding, the confusion is not just limited to ordinary citizens but is widespread among highly educated citizens as well. The Constitution of 1973 declares that the state religion shall be Islam and holds that no law contrary to the injunctions of the Holy Quran and Sunnah shall be made.It is in this context that this article examines the controversial law making a comparison with the corresponding rules of Islamic Law over the subject and suggests that the legislature shall, after seeking proper assistance, revisit and amend it to bring it in conformity with the Shariah Law.