A fatwa decree has been issued by the Muslim Judicial Council (MJC) regarding the washing of a deceased transgender person before burial.
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Since changing one’s genitalia is typically part of the process of becoming transgender, the MJC reported that it frequently receives inquiries on this delicate subject.
In a statement to IOL, Mufti Abdurragmaan Khan begins by emphasising that in Islam, a person’s biological sex is unaffected by any physical changes they may undergo.
He clarified that the fatwa is being issued in order to prevent slander and gossip.
‘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.
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‘We believe that the “attractive” transgender female should be treated as an attractive amrad.’
In Islam, a ‘handsome beardless youth’ is known as an amrad. 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.
There are bigger problems to worry about, according to RuBee Lee Lukas, an LGBTQIA+ activist, Miss Sovereign Western Cape, and a youth ambassador for One Billion Rising.
‘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.
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