DefinePK

Abstract

the contemporary world, particularly in Muslim societies such as Pakistan. This study aims to explore the constitutional, legal, and socio-religious implications of gender transition in Pakistan through an analytical and comparative framework. The discourse surrounding gender identity in Pakistan has gained prominence after legislative developments, judicial interpretations, and the growing visibility of the transgender community in public and institutional spaces. However, the intersection of Islamic law, constitutional guarantees, and social perceptions remains deeply contested and multifaceted.
The research investigates how Pakistan’s constitutional framework, which upholds the principles of equality, dignity, and non-discrimination, interacts with the classical Islamic jurisprudential position on gender identity. While Article 25 of the Constitution of Pakistan ensures equality before the law, the interpretation of gender identity within this context requires a careful balance between legal rights and religious ethics. The study critically examines whether the recognition of gender transition aligns with the objectives of Shari‘ah (Maqāṣid al-Sharī‘ah), especially in light of issues such as personal identity, inheritance, marriage validity, and civic participation.
A central argument of this research is that the discourse on gender transition cannot be confined to mere legal technicalities; rather, it must be understood within the broader socio-religious and moral framework of Pakistani society. The findings suggest that while Pakistan has made legislative progress through the Transgender Persons (Protection of Rights) Act, 2018, significant ambiguities persist regarding its compatibility with Islamic legal principles. Moreover, divergent interpretations among religious scholars and jurists have led to confusion about the permissible extent of gender recognition within Shari‘ah. This tension between secular law and religious norms reflects a deeper epistemological divide between modern notions of identity and traditional understandings of divine law.
Socially, the transgender community continues to face marginalization, stigma, and lack of institutional inclusion. The societal attitude is often shaped by cultural taboos and misinterpretations of religious teachings. Therefore, the study argues that a sustainable solution must integrate Islamic ethical values with human rights principles, ensuring that dignity and justice are preserved without compromising faith-based moral boundaries.
In conclusion, this research underscores the urgent need for a harmonized approach that bridges the gap between Pakistan’s constitutional obligations and Islamic jurisprudence. Through scholarly dialogue, legislative clarity, and public education, it is possible to establish a framework that respects human dignity while remaining faithful to the moral and spiritual essence of Islam. Hence, this study contributes not only to the academic understanding of gender transition in Islamic contexts but also to the ongoing discourse on how Pakistan can reconcile its religious identity with contemporary human rights paradigms.