(g) Transgenderism, Transsexuality and SexReassignment Surgery in Contemporary Sunni Fatwas

Abstract

This paper analyses the contemporary Sunni discourse on transgenderism, transsexuality and sexreassignment surgery (SRS), looking at contemporary fatwas by traditionalist jurists. After a terminological introduction to the semantic field of transsexuality and transgenderism in the international discourse and in the Arab world, the paper analyses the verses in the Quran and the relevant hadiths that are mentioned in the contemporary discussion, before examining what jurists say on the topic. The paper shows that sexreassignment surgery is mostly regarded by Muslim jurists as permitted in cases of intersexuality, as it is considered a treatment to determine the sex of the person, but is usually considered forbidden in cases of transgenderism, as it is considered a change in God’s creation. The paper finally argues that the discussion on SRS by Muslim traditionalist scholars is driven by an essentialised perception of the sex/gender binary and the roles assigned to men and women that is not only shared by those scholars who refuse SRS, but also by those who allow it.Key words: transgenderism, transsexuality, SRS, Islamic law, gender dysphoria, gender identity disorder (GID).